. >> welcome to the march 25, 2015, meeting of san francisco board of appeals the presiding officer is our president commissioner president lazarus joined by commissioner vice president honda and commissioner fung and commissioner wilson is absent we have a vacant seat when a seat is vacant a vote of

3 members is required robert brown the deputy city attorney and provides the board with legal advice and mr. pacheco is the board legal assistant i'm cynthia goldstein the boards director we'll to be joined by representatives that have matter before the board scott sanchez is the zoning administrator and he represents planning department and planning commission and joe duffy for the department of building inspection mr. pacheco go over others meetings guidelines and conduct the swearing in >> phones and other electronic devices are prohibited. out in the hallway. people affiliated with these parties must conclude their comments within 7 minutes, participants not affiliated have up to 3 minutes - no rebuttal. to assist the board in the accurate preparation of the

minutes, members of the public are asked, not required to submit a speaker card or business card to the clerk. speaker cards and pens are available on the left side of the podium. the board welcomes your comments. there are customer satisfaction forms available. if you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. this meeting is broadcast live on sfgovtv cable channel 78. dvds are available to purchase directly from sfgovtv.

thank you for your attention. we'll conduct our swearing in process. if you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do. please note: any of the members may speak without taking the oath pursuant to the sunshine ordinance, and thank you. do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? >> i do. >> thank you. >> thank you mr. pacheco madam president commissioners we have two hours keeping number 4 appeal at the protest appeal opening at 731 the participants wish this be to continued the

permit holder wants time to have the permit cancelled we need a motion. >> okay. any public comment on this motion. >> mr. pacheco please call the roll. >> there's a motion on the floor from the president to continue item 4 to may 6th on that motion commissioner fung commissioner vice president honda commissioner wilson is absent the vote is 3 to zero it is continued to may 6th. >> the next housekeeping needs to be postponed because the environmental associated are this motion is pending before the board of supervisors the parties have not agreed on a

date they wish to have this matter continued to they'll address the board and each has 3 minutes to do so ms. hester. >> sue hester person at the board of supervisors which continued the hamburger to this is numerous traffic issue an bryan street next to the bay bridge and there's a convening of departments and various constants dealing with transportation starting today in the city i think that is going to be - i know it is going to be a comblaktd resolution i don't think that a eight makes sense because both parties should submit a request permission to submit briefing a little bit

before the board explaining what resolution if any has been reached i respectfully ask you to continue it until after the eight but if the other side has a position and you can't continue to to the eight i'm ready just be presented a complicated circulation issue thank you very much again, it is right next to the bay bridge on steering wheel street. >> okay, sir. >> thank you, john with reuben, junius & rose here on behalf of the project sponsor so i think ms. hester brought you up to speed pretty well the subject of the appeal as well as at the board of supervisors the sdrapts

surrounding the project but the project manager recognizes the need to improve the streetscape we're working with supervisor kim's office to we've already you know - offered to help move this process forward and fund the improvements but supervisor kim asked for a continuance yesterday for one week in order to cooperate with sfmta prior to going through with that appeal hearing we may not be asking for the boards sympathy but we're working on this since september of 2013 we're a year and a half into this for a partial office conversion of an existing building we've been working through the issues we'll got the board of supervisors next wednesday and our commission is

april 8th we would prefer this on april 8th, april 15th is not a date that works with the project team the next is a month out from today, we respect and understand the board has a full calendar on april 8th we feel that it will give us plenty of time we respectfully with request a hearing for april 8th. >> before we continue i've hired reuben, junius & rose on a personal matter to be objective on this case. >> okay any public comment? seeing none, commissioners your call. >> madam director, i guess there's a logical sense to wait for the environmental people but no willful or procedural we have

to wait. >> until there didn't used to be but a change in the laws for ceqa that requires this board not take action if there's a ceqa appeal before the board of supervisors this is the first change to this. >> i'm willing to accept the eight. >> i concur. >> one week before? >> how much. >> how many pages of briefing. >> maybe summarize in two pages. >> i'll give them 3 did he hear 4 with exhibits or without. >> with exhibits. >> with laura. >> how about 4 with exhibits. >> did you get something from mta? i understand >> so i don't know if there's a

motion made i'm waiting. >> move to continue this case until april 8th briefs due one week before a maximum of 3 pages with exhibits. >> just to be clear a summary of briefing 3 pages maximum with exhibits okay. >> all right. and we've called public comment mr. pacheco the roll. >> we have a motion from commissioner fung to reschedule item 6 to april 8th the briefing scheduled is reset to 3 pages per party unlimited exhibits simultaneous filings due one thursday prior. >> commissioner president lazarus commissioner vice president honda commissioner wilson is absent thank you. the vote is 3 to

zero this matter is rescheduled until april 8th. >> back to the regular calendar with general public comment there's anyone that wants to speak on an item not on tonight's jaurlgd this is your opportunity next is commissioner questioning. >> anything he commissioners. >> any word when we're going to have a new commissioner. >> we sent for the april 8th meeting. >> okay. >> item 3 is the droupgs of minutes for march 18, 2015 additions, deletions, or changes. >> a motion to submit the comments. >> so moved and any public comment on the minutes mr. pacheco call the roll on that, please. >> there's a motion from the

vice president to do you want the the march 18th 2015 minutes on that motion to do you want. >> commissioner fung commissioner president lazarus commissioner wilson is absent the vote is 3 to zero those minutes are adopted. >> okay. we can move on 0 items 5 ab the parties are not all in the room okay they're to go get them awhile i call the appeal filed from katherine pool first again against the zoning administrator the first protesting the granted of a rear yard variance to construct a two story addition at the rear of building and the second from

january 23rd from an alteration to include the kitchens and some one-size-fits-all windows and electrical work both matters we're heard and continued to allow the parties to discuss the sentiment prosecute mr. sanchez burglary address the board. >> good evening commissioner president lazarus and members of the board scott sanchez following the hearings we had a meet at our office of planning department two hours of discussion we ultimately came to with a compromise solution that all parties seem willing to accept i believe this is in xhifrps with the direction at the oriental meeting and the project manager engineer will present the details but in that sense the two story is moved

forward to be in alignment with the rear yard there's a small encroachment on the side opposite the side stairs the roof of this area is sloped and not have a deck so this is something since we have a commodity solution the parties are willing to accept the plans were circulated to the parties march 25, 2015 today's date some minor kind of adjustments made to the plan so the parties have those plans and have initialed to note those changes so with that i'll let the parties present and i'll be happy to answer any questions. >> i think we can hear from the project sponsors first. >> commissioners santos

structural engineer from the project thank you for your patience and the ability to interact with the zoning administrator who is doing a fantastic job in making sure we not only moot the guidelines you gave us last week but to read something that the basic notification we made was we projected the second-story addition to the street and relocated the stairs away from the appellant put it on the other side and made some slight noevengsz in regards to the slope of the revolver of the ground floor to insure that it no longer we have the ability to put a deck but have the proper drainage and minimize the visible impact of our property, however, our

clients s are concerned that there maybe future appeals on the project i want to make sure that we go on record as making sure that anything that occurs beyond this structural permit like the sidewalks or other shoring that we don't have to encounter any kind of appeal thank you. >> thank you. >> bret gladstone taking the remaining of the time for the project sponsor it's not a happy day they again like what their agreeing to but understand the big picture been working on that 10 years they have asked the neighbors the appellants to put on the record this will be the end of it tonight their concerns because the department of public works enrollment sidewalk permit

to put up skoovl it can be appealed minor change to their project that is appealable so we've asked they put up that the record i was told it about be put on the record i'll let them suggest the wording i hope no appeal about the plans before you and no appeal from the department of public works permit and no appeal of any permits that are to make field changes or do foundation work thank you. >> okay. we'll hear if the appellants. >> thank you, commissioners on behalf of the appellants i'm here are the gentleman that helped us to put together this proposal and my husband

we do think that's it what's been presented is a reasonable compromise before the parties and ask you to incorporate the plans of the variance the board agrees to do you want the plans we'll not pursue this and the project sponsors asked we'll not seek a ceqa we'll confirm open the record or dph permits that don't comply with the plan finally thank the board and mr. sanchez and planner michael smith that devoted a grateful of efforts with the thoughtfulness and concocted the parties we had given up hope we could reach a compromise so thank you very much. >> any public comment? seeing

none commissioners the matter is yours and i have to say i have a question from mr. sanchez whether or not the variance is needed under the revised plan. >> i have the same question. >> okay. >> thank you scott sanchez planning staff the variance is required particular for the ground story addition that remains unchanged from the stairs to the variance is still required. >> to what stent. >> to reduced stent i don't have the exact dimension by basz base it on the ambulances that are going to be in front of you which the project sponsor has the plans come out e came out today they can submit those to

the board at this time. >> okay. >> is that your. >> i'm sorry i needed to know what can we take that without objection? action would be needed by the board depending on how you want to proceed >> so assuming we're all willing to do this what is the proper motion. >> my understanding you'll need to make the finding for the variance modified and overturn the conditions the building permit i think the board will be advised to accept the amendment to the record so we know exactly what it is. >> is that a motion. >> i'll let you take a stab at it. >> is that a question. >> no, i'm thinking about. >> do we have the vote. >> what we said previously but that's okay. >> i can take to shot at it.

>> okay. thank you. >> this will be to grant the appeal accept the 5 finding of the variance and condition the variance with the acceptance of the revised plans dated march 25, 2015. >> thank you. >> commissioner fung may i add you'll also include the building permit since there's two appeals both are conditioned on the plans to grant both appeals and to continue to make the 5 finding for the variance on the revised plans and condition the buildings on those plans. >> that's correct. >> commissioner fung is that on

the basis the parties reached the agreement. >> yes. >> and before we take the vote i want to thank the zoning administrator scott sanchez for all the time spent in helping to resolve this situation do appreciate that. >> i will second that. >> commissioner sanchez has handed me 4 sheets that are the right plans does the gentleman want to review those okay. last call

call. (laughter). >> do you have a student tie on we might as well get as much airtime. >> thank you. >> there's a motion on the floor a joint motion to modify the subject variance pursuant to the revised clanz plans march 25, 2015 and to uphold the issuance of this permit with adaptation of several revised plans all on the basis of an agreement between the parties. >> and that little 5 finding required of the variance have been met. >> have been met okay. >> on the base between the parties and the 5 finding have been met. >> on that motion to modify

this variance and uphold the issuance of the permit with the revised plans commissioner president lazarus commissioner vice president honda commissioner wilson is absent thank you the vote is 3 to zero and this variance is modified and permit uphold with the revised plans because only 3 votes are needed given the boards vacancy given to modify the boards action. >> thank you. >> so item 6 has been continued to april 8th and we can move to that to item 7 mr. gaza is versus the department of building inspection on fulsome street protesting the issuance to annie of the think alteration to laundry legalize bedrooms and

storage and convert the bathroom into ground floor level so the appellants have 7 minutes to present their case. >> commissioner president lazarus i got a request from the student she supervisors ms. fox has left the room she times to to pass to the next case. >> next item 8 pay youngest versus the building inspection with the planning approval protesting the alteration permit to the property line total of 16 hundred square feet he northwest side elevation start with the

appellant. >> good evening your honor, i no speak english. >> my name is tony i'm speaking on behalf of the family. >> it is clearly a difference between a commercial property and residential mr. shawn's family his wife and daughter will there he feels his property is being violated according to the sliding and also he feels that from the permit from see 57 hundred to 16 hundred square feet according to ms. fox attorney james the job was interestingly signed off before

the job begun so it creates a lot of stress the skoovldcaffolding mr. shane wants to keep everything or everything the way it was he was originally told it was only paint not aluminum siding. >> okay yes. i'm sorry continue. >> okay. >> all right. so original there is around three-quarters to one half quarters everything was enclosed may i show photos.

>> sure. >> yeah. >> can we see it is the whole properties is right here if you does not consider this as a violation that his property was being damaged and also, if you look at his photo the separation between both properties is completely covered and enclosed that's why

mr. shane wants the siding removed and kept with the separation separation. >> yeah. and once again one more photo to show you right on the alignment here everything is completely posted >> and also damage has been done from mr. shawn's property i think we conclude our statement thank you very much. >> one moment please. yes. >> the appellant had a legal

council at one time. >>. i'm sorry. >> >> the appellant had an attorney representing him at one time. >> mr. shane is individual he can't afford a legal council that's why i'm standing here my i'll. >> there's something in the brief about the acceptance of the permit and siding. >> mr. shane was not sure he retained council if i may; right? >> and so that letter is about did that reflect his current wishes. >> not his current wishes. >> okay. thank you we can hear from the permit holder no