vice president goh: thank you. commissionter fung: is it fair to say that your recommendation would be on a replacement tree would be at least a 36-inch box? >> yes. i think that would be -- we would love to see as big a possible replacement tree. commissionter fung: and the magnitude of cost for that? >> the cost goes substantially higher when you get to a 36-inch box because it usually requires either a small crane or a forklift to be planted. but the cost of the tree itself is, you know, probably several hundred dollars more. and in some cases, you can get the tree delivered with a crane so if the site is prepared you don't spend that much more because they have to use the crane to offload the tree anyway. but the 24-inch box can essentially be planted by two strong people and so it's much less expensive when it's being hired out. and then beyond 36 you get even more expensive. vice president goh: what size square were you recommending this be increased to? >> we had marked out a four-foot by nine-foot square fo

vice president goh: okay, thank you. commissioner hwang: your request is a rectangular well for a five-foot setback. and it is based on your judgment. >> for foot setback or adequately shake rectangular white well. commissioner hwang: i am trying to understand the photograph as well. there is a triangle currently, and the proposal is the triangle will continue up? >> right. commissioner hwang: so what you are suggesting is what? >> more light and air access. commissioner hwang: cut into what would otherwise be the proposed structure? >> either/or. commissioner hwang: i understand the five-foot setback. i'm trying to understand the light well. >> on the other side, we have a light well that is rectangular in shape, and the building on the northern side, the other side of us, we have a light well that is actually created so there is light that comes in. ok, this is what is currently there. you have seen where the roof ends. >> that is the plan view. that is to scale plan view, 1 foot, and it shows the 10 foot square what r

vice president goh: it's more of a comment than a question, dr. kantor and that is it this board were to order a 48-inch tree replacement, that box would be -- you know, huge. normally i think people figure 15 gallon or 30 gallon, that's sort of the stuff that's been proposed to me about replacing it. >> but the gallon size of the container that the tree is growing in. so i haven't heard of this 24 and 36 type box thing. vice president goh: that's what this board often does when -- if a mature tree is actually taken down. but i don't know we're going to go there anyway. thank you. commissioner garcia: dr. cantor, your plumber when he was photographing your sewer line, has he suggested whether or not he thinks it's the city's problem or yours? >> i know it's not the city's. commissioner garcia: even though it's on the street -- >> it's under the sidewalk, it's not out in the sidewalk. because we're really looking -- commissioner garcia: it's ok. i was curious for your sake whether you'd be saving money if the city were to get involved. >> of course

vice president goh: ok. thank you. president peterson: you have a few minutes of rebuttal. >> i wanted to answer the question how long was the deck there. there were a number of claims made it twice, here as well as in the briefs submitted by the appellant, that this debt has been moved several times. there has been no alteration of this deck prior to the time that my on to acquire the property in 1965. >> there have been 11 revisions made to the plans, at the request of the appellant for such things as window sizes, which were not relevant to the case. i just wanted to address the claims of spying or looking into the neighbors -- the appellant's home. i just want to say that that is not the case. i want very much to see this matter resolved with my neighbor. i care very deeply about the neighborhood. i may not live there now, but that won't always be the case, and i very much want to see this matter resolved with my neighbor. these claims that she is making about spying are the same claims that she has made in approxi

vice president goh: i agree with that. it was alleged the planning department did not see adjustments to the plans. i do not know what that means in terms of what they did review and what they did over the counter. i was struck by doing and on the fly over the counter historic evaluation on a building like this. that is definitely a contributor if not more. the historic features were being removed and it did not seen that was addressed in the plans to show those things were removed. the other comment i had was about what areas were legal, were to be legalized. i think that commissioner fung 's comment -- the existing roof to be gone -- is again shocking to me in an over-the-counter evaluation type situation. commissioner hwang: i think we are all better if this family can move back into the house sooner or later, but there are still question marks on the historic review or what is actually looks like from the outside. i think my concerns over the foundation were addressed. i think mr. kornfield for walking me through the p

commissioner goh: i would support that. commissioner hwang: let me think about it in a monetary sense. but what would then two years be equivalent to in commissioner fung: it would be what he makes off the profit of other drivers on his color scheme. commissioner goh: do you have a concept of what that -- commissioner fung: i have no idea. i could only guess. commissioner hwang: i'm more inclined to go with one year. i'm definitely disinclined to revoke the medallion. commissioner goh: but in terms of advocacy -- revocation or suspension of the color scheme, if we revoke the color scheme it may or may not be permanent given -- i mean -- president peterson: just to clarify, i think if you revoke the color scheme under the business and tax code it's clear he can reapply in a year. if -- it's -- if they denied that application, it's appealable and the board could then a year from now decide whether he should be granted a color scheme or not the commissioner fung: i think it's pretty clear that the consensus on this board at le

vice president goh: i would be amenable to a condition of that. would you like to address the permit history issue commissioner? commissioner fung: i will make a motion. i am going to move to continue this. what is the earliest we can take this back on? commissioner garcia: the movement for continuance? >> we have to meetings in august. there are both full calendars. commissioner goh will be absent on the august 11 date. those are the earliest meetings coming up. commissioner garcia: what is my execution date? >> your execution date -- commissioner garcia: am i good through august? >> you should be good to august. his term has expired. he is sitting on a 60-day holdover. . he has been nominated for reappointment but the process has not yet taken place. commissioner garcia: before you call the roll, i will not support a continuance unless there are provisions to allow the permit holder to continue to start the work having to do with the foundation. commissioner fung: i do not know if you can bifurcate that. commissioner garcia: then i am not going

vice president goh: thank you. president peterson: you have three minutes. >> thank you, madam president. if i might have the overhead? thank you. i just want to point out what he was pointing out with regard to 706. that is a huge deck. a very different set of circumstances. our envelope difference is significant. it is not -- is apples and oranges, with respect to the kims' addition. the other is to show you the breadth of the neighborhood. the overhead shows the green lots are all people that signed a petition in support of this. there is broad support all over. again, they are the only ones who filed the dr for the appeal. the last point i want to make before i turn over to mr. lum is i have a cottage in the back of a four story house in the castro. i put skylights in my dining room. $2,000 for everything. it made a huge difference in my upper floor. personally, i think skylights are fabulous. you can buy shades. i actually put one in my bedroom. i do not get much light and it made a huge difference to the vent

vice president goh: is that described here? >> i do not believe that has been provided. >> paul wermer. it is on exhibit a of the initial submission. it is on the common wall agreement, item one. it describes the property, and then it talks about the job. that distance does correspond to wear a common wall ends. i identify that because it is plaster we see on the unter berger side of the property to that point. at that point, there is an abrupt transition to siding on all three levels. commissionger fung: throughout the brief, it talks about work has been stopped. can you describe a little bit further what that means? you're saying the interior alterations are totally stopped? >> at this point, that is effectively where we are. we cannot complete work without doing work on an area where her interior finishes are attached and if we do that we risk serious damage. if it cannot coordinate the work -- commissionger fung: is the rest of the interior work completed? >> studds is what we have been able to complete. we still have found

vice president gore. -- vice president goh. vice president goh: you can't but think of the merits addressing this and i have difficulty seeing how a pilot store does fit within the formula retail and the comments are puzzling about barney's, being a chain as well. commissioner hwang: i think while it's not well liked here is a competitive nature and not the issue we're supposed to be addressing today and whether there was proper notice and whether you came as quickly as you could to address the situation. i think it is very confusing about the letter determination on april 8. i don't know how anybody interested in the city is supposed to guess if it's going to impact their particular neighborhood, and i agree with your frustration. my only problem, though, is you're certainly aware the shop is coming to the fillmore street and should you come to the board then, i would have been a bit more sympathetic to the tardy of notice. so i think i would only support an opening of the jurisdiction if it were done on an expedited basis bec

vice president goh: actually, may ask a question? i did note that the paper submitted by the appellant relate to a variance and created some confusion for me as i am new to this board. we heard from the permit holder that the permit at issue relates to a correction. can you give me a little bit of assistance to clarify what is actually before us? >> this is a building permit application that invoked a variance decision issued by the department several years ago. it was appealed to this board in 2008 and upheld. this permit follows on net variance completion letter. >> can you address the notification issue raised by the appellant? >> from my understanding of the appellant, they did not get the dvn notice prior to the variance hearing. that was an issue brought up at the time of the appeal. i believe that was addressed. i believe the appellant has had notice of the project through this process, through appeals to the sport for the variance. there was a notification for this building permit application. that was taken to the planning c

vice president goh: following up on those questions, did you have a chance to look at exhibit be in the brief of the appellant? >> let me grab it. i have seen seven different lists that the appellant has sent to ms. unterberger. commissioner hwang: this is dated march 2010. is this the second or the third one? is this the final one? >> i am not certain of this, but i think that there has been a list subsequent to this, to the march 1. commissioner hwang: you are shaking your head. >> for the record, this is the final one. we did provide letters that mr. burns and mr. werner gave with variations. this is the final list. commissioner hwang: i think i recall you stated that earlier. i just wanted to hear from mr. paul. when you and ms. unterberger review that list? did she review this list? >> she did. >> was there an opportunity would have had to discuss this, or was it -- >> she discussed it with a contractor. i was not involved until after this appeal was filed. commissioner hwang: got it. do you know what happened, based on your discussion, whether any attempts were made to get to this

vice president goh: i just took a quick peek at exhibit b, looking at the list to see if perhaps the permit holders could address them. i wonder if perhaps, as commissioner fung suggested, the district inspector could have a look at these issues and make sure that are addressed. i am going to read to them quickly. the first is about flashing, it seems like. the second is about the platform of the shed. then decayed citing are three and four. there is a gutter issue on four and five. these things seem appropriate for an inspector. seven is the problem. it seems to me it is a planter being on the wrong side. it seems that is a property line dispute. it is not within our within our jurisdiction. next, the foundation, then the item about the shed. the shed will go away, so that will go away. then the waterproofing, it seems 11 is a structural support. after we saw the drawing from mr. kornfield, i am wondering if that is not within our jurisdiction as well. it does not seem to be part of this nov. perhaps it would be. but after looking at this, i am inclined to agree with commissioner fu

vice president goh: i would agree. to have this come back, it is difficult. however, i was looking forward to hearing about this from commissioner front note -- commissioner fung, so we will hold off. commissioner fung: do you want me to sound like a cricket? i did want to raise a few technical points to make sure that we are fully cognizant of what the implications are. a korea it is defined as utilization of some type of material to create positive drainage, and it is usually set at different elevations. whereas, as was also mentioned by mr. kornfield, the other is a same size. this is where this provides the appropriate "-- . angle within the limits of its capabilities. but it took me a little while to figure out that this was the case. what happened is that they added all of the roof drains, and that is a long way to drape across. the roof framing -- a long way to drain across. the gable. the problem is is if you go back into the actual definition of what either party said, the appellant wants to do, and first but indicated it wanted to do 6 inches above.

vice president gore. -- vice president goh. vice president goh: you can't but think of the merits addressing this and i have difficulty seeing how a pilot store does fit within the formula retail and the comments are puzzling about barney's, being a chain as well. commissioner hwang: i think while it's not well liked here is a competitive nature and not the issue we're supposed to be addressing today and whether there was proper notice and whether you came as quickly as you could to address the situation. i think it is very confusing about the letter determination on april 8. i don't know how anybody interested in the city is supposed to guess if it's going to impact their particular neighborhood, and i agree with your frustration. my only

vice president goh: do i have a follow upquestion? i don't know if it's appropriate but i've heard and it's come in my neighborhood, a list including, i think from the captain of our police district, that there was a scam, a video -- i'll video your sewer line, street tree scam. have you heard about this? >> i've heard of this as well and don't know it's legitimate but we heard someone was going around and offering to do that and offering to expedite their permitting to get the tree out. vice president goh: and showing the video that was allegedly of this sewer but not really anybody's, the same video was shown over and over. so, anyway. thank you. >> ms. kantor? you also have seven minutes. >> i'm elizabeth kantor. and i own this house at 835 wisconsin street and i've had it since 1980. and in 1984, you know, with active neighborhood enthusiasm, we planted the meteosidius excelsior tree in front of the house. it didn't come along with any advice or any cautions or any information about what the maximum height of this tree would be. i

vice president goh: okay. commissioner hwang: there is replacement of some windows but not necessarily the stained glass windows? >> i don't believe the stained- glass windows were identified as wants to be replaced. commissioner hwang: thank you. president peterson: mr. kornfield? >> laurence kornfield with the department of building inspection. we are pleased we're finally going to get some action to resolve these many notices of violation complaints, many of which have validity, hazardous material, hazardous building, unsafe conditions, open to the weather, and drainage issues. the settlement of the foundation. all of these are in fact a series of problems that have been brought to our attention by the permit holder and the appellant, and we believe the permit as reviewed and issued actually addresses those violations. with regard to some of the concerns that were expressed that the plans may not reflect the accuracy of the actual permit building conditions on the job site, we leave that to the district bui

commissioner goh demoge ok. -- commissioner goh: ok. ok, thank you. president peterson: miss mason, again, you have seven minutes. >> thank you, i anticipated having three so i don't think i'll take the full time but i do want to share mr. hollis' picture of his cab because he thought that was important for this board to see. great. good evening, honorable commissioners. i'm the attorney for appellant wes hollis, owner of executive taxi. i'm here tonight for one reason, to ask why mr. hollis should be penalized at all. in fact it's unfortunate that we have to even be here given your recommendations at our last hearing. i would have thought we could have settled this. m.t.a. unfortunately did not heed your advice to come to the table. but now that we are here let's review. sfmta claims failure to carry workers' comple -- com penation insurance gave mr. hollis an unfair advantage. that was just brought up by mr. garcia, and it appears the board understands that the situation mr. hollis was in was he provided an extra $6.50 to his drivers per shift since

vice president goh: yeah, i was not here for the hearing. i reviewed the transcripts and some of the video. i did not see anything in the briefing, at any facts or exceptional circumstances. president peterson: i will move to deny the rehearing request. >> thank you. if you could call the roll, please. >> we have a motion from the president to deny this rehearing request. on that motion -- [roll-call votes] thank you, the vote is 4-1. the rehearing request is denied it and the notion -- the motion will be continued. >> thank you. if you could please call item no. 5. >> calling item 5, appeal number 10-0007, salem kaileh, doing business as quick star market, vs. department of public health. is the appeal of a 25-day suspension of a tobacco product sales establishment permit, imposed on january 13, the hearing held in closed on may 12, and the matter was continued to allow president peterson to participate in the final vote. president peterson: thank you. commissioners, at the last hearing, commissioner garcia moved to grant the appeal and red

vice president goh: gohb is the it is theb is the appellant list. commissioner hwang: i understand. it's not me and the appellant gets everything day are asking. -- it does not mean the appellant gets everything they are asking for. commissioner fung: let me expand. during the course of both presentations, i was thinking about, on what basis are we going one way or another? in this particular instance, when it is fairly complicated, we are dependent upon the building department and its staff to be able to be the eyes and the arbiter of what is co- mandated. -- code-mandated. therefore, we are dependent upon them, and i think we would ask for their input into this process. which then means that it will probably be a descriptive process rather than a straight line process. because as they go through these things, other things would come up, other things that would require some type of arbiter, and that would beat the inspector. my point is i believe the department, of course, has responsibility for reviewing all construction to be in conformance. we could ask mr. kornfield to request

the presiding officer is tanya pettersson and joining her is joining vice-president goh, commissioner fung and commissioner hwang. we have some representatives from city departments such as the deputy director of building inspection. also the acting zoning administrator representing the planning commission and planning department. please go over the ft meeting guidelines and conduct the swearing in process. >> the board request that you turn off all phones and pagers. please carry on conversations in the hallway. the permit holders and respondents have seven minutes to present their cases and three minutes for rebuttal. people affiliated with these parties must complete their comments within the seven minute time period. members of the public for not affiliated have up to three minutes each. to assist the board, members of the public who wish to speak on a particular item are asked but not required to submit a speaker card or business card to forward -- to board staff. we also welcome your comments and suggestions. there are customer satisfaction forms on the left part of the podium.

vice president goh: no. president peterson: aye. commissioner hwang: aye. >> it is overturned. president peterson: moving on to item 8. colorado that item, please. . call that timeimtem, please. >> the property is 2311 california st.. it protests the issuance on may 24, 2010 to alter a building. >> this is a representative of the appellant. >> good evening. i am here on behalf of paul wermer. i am here with the project architect. the contractor is also available to answer questions. this in my opinion is an extremely unique set of facts. it is one of those situations that certain things -- we have two adjoining buildings, where one building, ms. unterberger's building, get structural support from the other building. we did not know that intel the remodel. it was a perfect stone. it revealed that things ms. unterberger had done it -- her building is attached structurally to the upper level to paul and carol's house. this is about a permit for work that was issued without plans. dbi began -- there was much made by paul in his reply belief -- his reply brief. we believe the issue

vice president goh no. commissioner garcia aye. commissioner hwang aye. the boat is 421. president peterson: we have no further business this evening. we are adjourned. . >> forgot no. 2. silver is nothing. there is no having made it and so we beat foreman. i love the competition. . >> american made has really taken it on themselves to green american cities. >> we have a new organizer for the city and county of san francisco. oh, mayor as well. yeah, that's part of the job description. yeah, mayor of san francisco. >> the city is extremely concerned about the emission of green house gasses and making san francisco a sustainable city. >> we need to find other ways to create energy without harm to the environment and this is one source. >> we have over 2 megawatts of solar on various city buildings. we are looking at tidal power and we're beginning to look at geothermal power. >> we're on the roof of the moscone center of san francisco and we have 2500 panels that power the center. >> here we are using real energy, energy from the sun, free energy from the sun coming in rig

presiding president is tanya peterson, and joining her is vice-president kendall goh, commissioner fung, commissioner garcia, and commissioner hwang. i am cynthia bold scheme, the board's executive director. we have some representatives from the various departments this evening. we have laurence kornfield, scott sanchez, acting zoning administrator, representing the planning department and planning commission. and jarvis murray is here representing the san francisco department of transportation. at this time, if you could please go over the boards leading guidelines and conduct the swearing in process. >> the board requests that you turn off all funds, beepers, and pagers. please carry on conversations in the hallway. the rules of presentation are as follows. appellants, permit holders, have seven minutes to present their cases, three minutes for rebuttal. people affiliated with the parties must include their comments in these times and members of the public who are not affiliated with the parties have 3 minutes each to address the board but no rebuttal. to assist the board and accurate

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