could have been issued since i had been told repeatedly that the space could not be used for medical purposes i never contacted city hall to lobby against mr. kalika, the merchants don't want more retail space taken away from retail use, [inaudible] updating us on the neighborhood and street events, in addition in his documentation for appeal, dr. kaliaka also accuses me having an illegal dental office, i appreciate you taking the time to review my e-mail and respective on this situation, dr. [inaudible] garn n*et, i would like to thank the board of appeal and is the commissioners to give me the opportunity to speak in this forum. >> next speaker, please. >> hi my name is kale la, i'm

a second year dental student at the university of california of san francisco, i had the pleasure of working and meeting dr. kalika where we co-founded [inaudible] free orthodontic treatment, i know that a lot of people here today argue that it would not be beneficial to the sacramento neighborhood to have this medical service, i urge you guys and challenge you guys to look at it in a different way. there's no other dentist in the bay area that offers free orthodontic treatment to youth from starting in 2012, that's thousands of dollars that have been donated televising's youth here that had to leave because of the time, there are countless youth who have had their lives completely changed because of the efk to have

orthodontic treatment with regards to many aspects of their life. i had multiple articles that were written in the work that he has done with the work sxh the impact he has made in their lives. he's the only orthodontist that takes free of charge children who have oral facial abnormalities with cleft palates free of charge, he provides something that is very different and i think you would be neglecting and providing a disservice to the many youth that have told me personally that the sacramento office would be great because it's accessible via bart and all the training. >> next speaker, please. >> thank you, my name is dr. stanley [inaudible] iem a dentist on union street, much of what was said i already have in my documents here, the fact

that dr. kalika relied on this permit and incurred considerable expense on the street that is zoned commercial for offices, i still with all the testimony tonight, i still can't understand why the permit was revoked. i just believe that his permit should be reinstated immediately and allow limb to practice dentistry in the same manner i have for the last 40 years i think the city has interfered with his contractual agreements and engineered kind of a great injustice of dr. kalika,. thank you very much, thanks for staying so late also, of course you had to be here. >> next speaker, please. >> good evening, my name is edward romonof, i'm a real estate broker since 1985 and i opened my own office in 1989

and part of the business i'm doing in san francisco in the laurel village area, specifically i manage a medical building at sacramento and laurel and i would like to say that i've been in the area as a manager, property manager, as a sales agent listing agent i know the market is very, very hard in the area and in the same time, i'm noticing that in that particular area, specifically on sacramento street, there are some properties, commercial spaces are vacant and in my opinion, professional real estate opinion, it's due to a slow foot traffic and i think that my request actually is to reinstate the existing building

permit for dr. kalika's office and i would say that that would increase the foot traffic and would attract the business owners, would make them more confident so the foot traffic as i'm saying is slow even in this market this market which is extremely, extremely hot. thank you very much. >> next speaker. i thought we already discussed that you would need to speak under the time for the permit holder. >> pardon me? >> i thought we already discussed if you were to speak it would be part of the rebuttal from the appellant because you're the act -- >> yes, for dr. kalika. you would need to weight and if mr. fallay wants to share his rebuttal time for you, but as a paid agent -- yes, next speaker, please. >> good evening, my name is robert, i'm the owner of

business design services. i've worked with dr. kalika for nearly 12 years i was the designer for his first office and i've done five, four other offices for the doctor. >> if you're being paid by dr. kalika, you're not allowed to speak during this time, you also have to speak during the rebuttal period. >> is there any other public comment who's not a paid representative of the appellant? okay. it doesn't look like there is, so we will take our rebuttal f, mr. fallay, you have three minutes, if you want to share them or not, that is up to you. >> [inaudible] as the person who owned the gallery, however this lease we're going the present to you, you'll find

that carl's mother is [inaudible] to have his office in this building so i'm not sure what we're talking about here. that's all. >> good evening, my name is steven goldstein, i'm a lawyer in san francisco, i do not represent dr. kalika in any capacity, i'm a friend and i'm a long time resident in that property my family hones property there since i lived in 1940, that is a hell of a corner, nobody can survive in that corner there the art gallery there couldn't survive and many of the those businesses turn over rapidly because it's a tough business to make business on. there's foot traffic from mothers to have their kids have orthodontics done and it will bring more business to the neighborhood. apart from that, dr. kalika has

given up his lease on gary boulevard, he has a thousand patient would come tr the richmond and laurel area, those thousand of patients will have nowhere to go if that property that he now occupies on gary street is taken away from him, he does not have a lease there anymore, he has relied on what the planning department told him he can do he spent 60 thousand dollars to demolish the place for architecture, for equipment. he has got a new office -- sorry an administrative office he's had to pay for, what is he supposed to do sf he's done everything the right way and if anybody's at fault here, i hate to say it's the planning department, they told him he was fine, he could build there. where will he go now and where will his patients go now if the

permit is not allowed and i think dr. kalika himself wants to make a statement or two. >> i have 45 seconds, i wanted to say that i definitely did my research my dream was to come into the area, i was heavily involved with j cc and i wasn't part of the committees, i was organizing the first gala, i was on the [inaudible] committee and it would be great for me to be next j cc and be involved again. i've looked for this space for the last 12 years they opened up the two por loersinger, it's not conducive to do the business and i can show you here the last use of the space was an office, it was the art gallery was there legal they never changed the use. when i was buying the place, i got an e-mail from both real estate agents and i have in the rebuttal the space was advertised as medical, you

know, [inaudible] my agent confirmed it was medical. the office was -- the use of the space said office on all of the last three uses permits so this is one -- >> sorry but your time is up. >> i have a question for you. >> yes? >> what about -- commented that the application for the permit, you weren't really forthcoming with respect to what you put down. >> this was a very unfortunate comment because when art gallery moved out, they sent me an e-mail in november that they can no longer afford the rent the december rent, they have not paid, they opened up another space on hills budgerigar, i said you can stay month to month i want to be a good landlord, as soon as they moved out, they moved out way before 31st of december like the neighbor said, i moved in my office and did the billing and collections and within --

to apply for dental office, so since then, i signed another lease so my administrative office -- >>backer >> i'm talking about the document >> in december when the gallery told me they were going to move out, i opened a corporation the billing and collections and all the dental management tha's the use that i applied for a permit. >> the office that's on the permit? >> yes, the office that's on the permit, the office that i do billing and collections and things from my orthodontic offices so my space on gary is a thousand square feet there's no administrative things, from that office, i applied to medical office. >> thank you. >> okay. >> mr. sanchez, you have rebuttal time.

>> thank you, scott sanchez, planning department. so again i think as ms. stephanie said, we have an issue here, it's not about personalities or about the good work that the doctor does i don't think that's in question they have multiple offices where they can continue to do that work from and in terms of what the department said, the department said that under the planning code and it was pretty clear in the code a legal business and professional service use may convert to a medical office use, in this case, there's no evidence that this is really a business and professional service use. the applicant has stated they've created an office here to manage their other offices which in and of itself may not meet the definition of business professional service which generally serves the public at large but if that use, business and professional service use requires a conditional use authorization, so there's no way they can

legally put that on there as the existing use without having a conditional use authorization which they do not have. there's no permit that they have that shows that a business and professional service use exists legally at this location and as i stated before, even if a business and professional service or some type of office use existed legally at this -- in the past, sorry n the 90's tha the fact it was convert today a retail use abandoned that nonconforming use or permitted conditional use, and so what we're left with is they can have a use that meets the planning code requirements. they can seek to have a business and professional use at this location but they will need to first attain a conditional use authorization from the planning commission. that would be the path forward, so i think we were very clear in what the requirements were and we're detrimental reliance that is only if the permit was validly issued and i think

we've established the facts that the permit was not validly issued, the existing legal use was not this health care management office which popped up in the last couple of months. there is no permit or authorization to do that, so with that, and we would much prefer this to be resolved prior to the permit being issued, prior to any work being done. i think we were clear in providing the code provisions to the permit holder before they even bought this unit, this is a commercial condominium they purchased. i think we were clear on what the legal requirements were, they went this eyes open and that's the result. i'm available for any questions. >> what more might have happened at the counter i guess when this permit was approved though? >> had there been a discussion about the existing use being an art gallery, or that is -- this has only been a business and

professional service use, i use that term loosely, that's only been that use for a couple of month i think that would have caused for questions from staff about what this application is and how this is approved? >> does staff not have something at the counter that they can look at the history on the site? >> the permit history i think for this property could be somewhat confusing. i think that is clear but i think the issue is that staff relied on -- if there was any detrimental reliance staff was relying on the fftion that was in the permit holders permit, this is a legal document that is signed and they are certifying that this is a legal use, that's what we relied on, yes, i wish staff had dug a little deep and her asked more questions, the fact is we relied on what information we were given by the permit holder. >> and did you say there were inquiries before that when they

were purchasing the building? did i misunderstand you? >> yes, so before dr. kalika bought this unit, before it was purchased, that's when mr. lindsay would's one of our senior planners for the northwest team he sent them that information from to the real estate agent say hating's what the requirement is at that time, that art gallery was operating. i think they would have known the existing use was not a business and professional service, it was an art gallery. >> thank you. >> commissioners, the matter is submitted. >> just a reminder [inaudible] the discretion voting to administrative decision. >> i can't hear you. >> [inaudible]. >> i wanted to ask a couple of

questions but nobody answered it. you know, it isn't my purpose to make the case for them one way or another but when you look through the permit history, going back 15, 20 years there actually is no office, a permitted office use. there have been permit applications taken out for an office use but they all expired or the last one was suspended. the ones that showed active permits was -- there was a beauty salon there was a spa, there was a little bit of a retail and things like that. the argument that this was a one-time office use, i can't buy that, and if i can't buy

that, then the entire argument doesn't work. >> move to deny the appeal on the basis that the underlying zoning and the previous permit history for this billing does not substantiate the arguments made at the appeal. >> and for that reason the zoning administrator did not e r-r. >> i was going to say that, isn't it just that the zoning administrator did not e r-r. >> as usual. >> no. [laughter]. >> mr. pacheco? >> there's a motion on the floor from commissioner fung to uphold this zoning administrator order on the

basis that they did not e r-r or abuse his discretion. on that motion to uphold, president lazarus? >> aye. >> vice-president honda? >> aye. >> commissioner wilson? >> aye. >> commissioner swig? >> aye. >> the vote is 5-0. >> president lazarus, there is no other business before the board tonight. >> we are adjourned. (meeting is adjourned).

>> i love teaching. it is such an exhilarating experience when people began to feel their own creativity. >> this really is a place where all people can come and take a class and fill part of the community. this is very enriching as an artist. a lot of folks take these classes and take their digital imagery and turn it into negatives. >> there are not many black and white darkrooms available anymore. that is a really big draw. >> this is a signature piece. this is the bill largest

darkroom in the u.s.. >> there are a lot of people that want to get into that dark room. >> i think it is the heart of this place. you feel it when you come in. >> the people who just started taking pictures so this is really an intersection for many generations of photographers and this is a great place to learn because if you need people from different areas and also everyone who works here is working in photography.

>> we get to build the community here. this is different. first of all, this is a great location. it is in a less-populated area. >> of lot of people come here just so that they can participate in this program. it is a great opportunity for people who have a little bit of photographic experience. the people have a lot, they can really come together and share a love and a passion. >> we offer everything from traditional black and white darkrooms to learning how to process your first roll of film. we offer classes and workshops in digital camera, digital printing.

we offer classes basically in the shooting ton the town at night, treasure island. there is a way for the programs exploring everyone who would like to spend the day on this program. >> hello, my name is jennifer. >> my name is simone. we are going on a field trip to take pictures up the hill. >> c'mon, c'mon, c'mon. >> actually, i have been here a lot. i have never looked closely enough to see everything. now, i get to take pictures.

>> we want to try to get them to be more creative with it. we let them to be free with them but at the same time, we give them a little bit of direction. >> you can focus in here. >> that was cool. >> if you see that? >> behind the city behind the houses, behind those hills. the see any more hills? >> these kids are wonderful. they get to explore, they get to see different things. >> we let them explore a little bit. they get their best.

if their parents ever ask, we can learn -- they can say that they learned about the depth of field or the rule of thirds or that the shadows can give a good contrast. some of the things they come up with are fantastic. that is what we're trying to encourage. these kids can bring up the creativity and also the love for photography. >> a lot of people come into my classes and they don't feel like they really are creative and through the process of working and showing them and giving them some tips and ideas. >> this is kind of the best kept secret. you should come on and take a class. we have orientations on most saturdays. this is a really wonderful

location and is the real jewel to the community. >> ready to develop your photography skills? the harvey milk photo center focuses on adult classes. and saturday workshops expose youth and adults to photography classes.

>> good morning, everybody and welcome to the san francisco board of supervisors budget and finance subcommittee meeting for wednesday, may, 13th, i'm farrell and i will be joined by tang as well as supervisor eric mar and i want to thanks charles for covering this meeting as well as the clerk of the committee, do we have any announcements? >> yes, please, silence all cell phones and electronic device and completed speaker cards to be included should be submitted to the clerk and the items acted upon today will be on the may 19th board of supervisors unless otherwise stated. >> thank you. >> it you call