president garcia: that is the reason for the second door? >> the door on front lead to out to the deck. the other is mechanical access, surface access. we could do a gate. but the way we had drawn the plans, we made it expand over toward the wall of a light well. we could have jogged the deck around the light well. our railing continues straight across. it does not jogged in on the side. there is not room for a gate there. if we pulled it back, it would be unsafe to get through. at some point, you are pulling the grill further and further into the usable part of the deck. the door is the easiest of this point of access. we have windows in the penthouse already facing the other property. if there are privacy issues, it is just as viable as a point of voyeurism as any of them. they are existing on the part of the roof we are not using. commissioner fung: 2 below questions. is there gas piping going to the bedroom? -- two questions. >> yes. we planned for a gas line to come up behind it. you can barely se

president garcia: thank you. >> anything further? >> no figure. -- no, thank you. >> commissioners, the matter is submitted. mr. duffy? >> sorry, commissioners. i do see in the exhibit now the other address. it is a little confusing as to what happened. i will make some inquiries of the department tomorrow. it looks like the case got abated, but maybe the permit did not yet signed off. this was back in 2009. i will look into it tomorrow. that is 1600's -- that is 1697 47th avenue. thank you. commissioner hillis: just a question on timing. when is the least over? -- the lasease over, your client's leas? -- lease? >> the lease was six months. but in san francisco, the lease goes month to month after it ends. he knew she was a college student and it would turn month- to-month until she graduated. commissioner hillis: when is the year up? >> the year up would have been august. president garcia: i have a question for our city attorney. can you collect rent on illegal uses tax -- went on an illegal use? that was for the city attorney. >> i

president garcia: thank you. >> good afternoon, president garcia and members of the board. we are working with the project sponsor in the response to this appeal. you heard from ms. shaw yesterday. she recently got into this case but there is a lot of history. on february 7, the appellate filed a lawsuit about an easement that they do not have property -- on our property that they do not have it jurisdiction over. they do not have a prescriptive easement and we will prove that in court. up to the time they file the lawsuit today, they could have gone to court for an injunction, which would have included you having to hear this hearing. an injunction would be the probability of proving the prescriptive easement. at had six or seven weeks to do that and they have not done it. on february 3, the permit was issued an the categorical exemption was issued and i think is probably very relevant to show you that categorical exemption. here it is. there is the front page. if you take a look, by the way, the planner is elizabeth wattey, a very capable and experienced environmental pla

president garcia: correct. thank you. >> on that motion to continue this matter to drink 13, the public hearing has been held to allow time to have the safety inspection. commissioner fung: aye. vice president hwang: aye. commissioner hillis: aye. commissioner hurtado: aye. >> this motion is continued to june 13. >> we will call the next item, number nine. inge dhillon with 21 rosemont place protesting the issuance of a permit to operate building. complaint to thousand seven to convert area to workshop with half that. we will start to work with the appellant or the representative. you have seven minutes. >> this will be different from the last case in that -- >> please state your name. >> jim inge dhillon is a senior who has been living in this unit for the past 19 years. unlike the last case, there is no determination yet by the dbi that this is an amigo unit. there is a presumption that it is illegal but the inspector has yet to complete her research. this case has been open for four months. ms. dhillon has b

president garcia: something does seem a little unfair. i live in an area where all the facilities are underground. and i think there was a time when, if you lived in an area that was and, if you got together with your neighbors, you could achieve that. i do not think that is being allowed right now. that seems a little bit unfair. i would agree that the esthetics are not great. it seems as though the department of public works is going to do what they can about that. i am sincerely confused as to why so many people who have backgrounds in sciences, pier and have thus think that perhaps week -- come up here and have us think they perhaps we do not know what their needs to be -- i cannot go out independently to determine that. i have to hope that fcc and dpw -- i have to think that they are giving misinformation. having said all of that, i think you know where i am leading. i intend to uphold. >> i am troubled by the aesthetics and the fact that for some reason, we do not have underground in this neighborhood. we heap on more ugly utility o

president garcia: president garcia: we have got to lead this out of the wilderness. commissioner hillis: normally, when there is a revision permits, is that appealable? >> normally. and this one would have been as well. normally, when a matter has been before the board, as you alluded to before -- president garcia: we created that complexity. when the parties came before us, they said they would remove the roof deck. we told them they need a revision. i will not add any comment. commissioner hillis: i would support of holding the original permit but removing the roof deck, the water heater from the roof, and any modifications to the skylight, which i do not think was part of the original permit. commissioner fung: it is. the original says replace and resize the skylights. commissioner hillis: i would say we remove that from the original permit. commissioner fung: i think there is some rationale for that. this could be a civil case given some of their disagreements. if we remove the skylight, it removes one issue would be a deterrent -- which would be determined by th

president garcia: reduce or eliminate? commissioner fung: i do not think he will be able to eliminate it. president garcia: can there be a combination where a burden is borne within the building to get the walked down to what is accepted by the city. what is it? 5%? commissioner fung: 4.2%. president garcia: i would like to see a combination of you take pain -- you would be paying less. some of the pain would be absorbed because i think some of the warping at 4.2% is less than the warping at 10%. >> we did do that at 11 clement. we are cutting into 11 clement, or we would have to to put a ramp inside. commissioner hillis: 11 clement is the one that has been combined. >> correct. commissioner hillis: that was what i was expecting to see, based on commissioner comments in the last meeting -- some combination of looking at both the warping and interior modifications, and even doing away with the 11 clement -- to see if we can come up with a way to avoid the split sidewalk and the gate solution. >> so, the biggest issue is, i

president garcia: when you have rebuttal, of course you may. >> thank you, president garcia and commissioners. i'm the government relations and utility counsel for crowncastle which purchased nex-g. that entity will stay intact. as outlined in our comments, we met all of the permit requirements for wireless stocks - -bo-- for the wireleess ss box. in the past, we have come before this board and you have upheld those. we are asking that you will pull this permit as well. the requirement here is a schematic of the location in the drawing that was submitted as part of the application. we happen to have of photo of the location has constructed. because of the suspension, we will be double checking the paint and color. if they want us to modify any type of the colors or textures, we will do that. there is a wooden pole extension, because it is new would reverse is old wooden. if you have ever had to replace a beam, the new werer -- that ie nature of wood. the site is at the appropriate height, and it also meets the standards. the nice thing about this antenna is that -- it was used. i was double-c

president garcia: i know. i wanted to give ms. short the opportunity to agree or disagree with that. >> with the department of public works' discretion. could we leave open all three of those options? there could be two 24's? president garcia: yes. and i have to justify why the trees could be removed? is that the glare from the city attorney? the reason is they provide a hazard to the safety of one of the residence in terms of nuts dropped from the tree that make it difficult to work on the street. the present a hazard in terms of the fact that there are trucks that travel on that street and have on occasion made contact with the branches, and possibly with the trunk. therefore, because of those safety reasons, we are overturning the department. >> the motion is to grant this appeal, overruled the denial, and issue the permit, on condition the replacement be either two 36 inch box trees, three 24 inch box trees, or two 24 inch box trees. the size and the species are up to the department of urban forestry. commissioner fung: aye. v

president garcia: you talk about the flue. that could be -- that could not be removed because it is serving -- >> the furnace and hot water heaters. president garcia: very difficult. but could it be rerouted? >> i believe so. president garcia: that is not of itself prohibitive? >> we could move it. president garcia: i am not sure i understand with your point about the reason for the wall is within 10 feet of a new staircase being built at the permit holder's property, and if that staircase would be moved in some direction -- what would the distance be that would have to be moved to obviate the need for this wall? >> about 3 feet. it would line up with the rest of the stair. this particular portion only serves the deck to the third floor. the stair in their design moves to the west, in line with a spot that would not affect the windows of 2323. i am not sure why the stair takes the job. i am hoping to find out from the architect. president garcia: for the wall to be built, that would obviously cover the door you indicated at th

president garcia: that eases the pain? the fact that they have to adhere to a new rules makes it easier because they have been around long? >> because they are well established. we do not want to put him in a position where he will fail. president garcia: i hope that i did not appear argumentative. i thought there were a fair number of color schemes that were marginal. >> in terms of size? president garcia: operating expenses and profits. >> we are trying to handle those as well. there are lots of it -- there are a few color schemes to have a difficult time complying. we're having to work through those issues in determining whether those color schemes need to exist any longer because they cannot keep up with our regulations. president garcia: thank you. >> the color schemes that currently exist, if the appellant would have been able to utilize, would they be grandfathered under the new regs? >> that has not been determined yet. there has been some discussion. that has not been determined. >> can you provide me with some ot

president garcia: aye. commissioner hurtado: aye. >> the permit is upheld with all those conditions and that finding. thank you. >> we can move on to item eight, appealed number 12-005. the property is at 2754 through 2756 beckers street, protesting the issuance to kevin robinson and jake vink a permit to alter a building -- wide in a garage door, reconfigure walls at back of a garage, electrical upgrade for condo conversion, new insulated windows at sides and rear, remodeled kitchen and bath, add new bath, and refurbish existing penthouse. we'll start with the appellant. you have seven minutes. >> good evening, members of the board. my name is jeff -- is geoff wood. hopefully, we have an easier appealed to figure out here. the permit holder wants to do mostly a lot of interior work, which we do not have any real objection to. "we are concerned about is the -- what we are concerned about is the plan for the roof deck. by way of introduction, we did try to meet with the permit holder before finding the appea

president garcia: it looks like there are no other comments. commissioner fung: well -- president garcia: i am sorry. commissioner fung: i was thinking. it appears, given the extremely long time frame that has occurred through this process, not much else is going to happen. while i am sympathetic to this employer, who works hard in is going to lose out on the money -- and is going to lose out on the money -- that is it. president garcia: thank you. >> vice-president, would that be on the basis of the reasons stated in the dph order? vice president hwang: yes. >> when you are ready. >> we have a motion from the vice president to deny the appeal, uphold this revocation on the bases listed in the -- basis listed in the dph order. commissioner fung: aye. president garcia: aye. commissioner hillis: aye. commissioner hurtado: aye. >> the boat is 5-0. the revocation is upheld on that basis. >> item 7 has been rescheduled to april 25, so we will move on to itunes 8 -- to items 8 a and b. both were filed by junel solach, versus the department of buildin

president garcia: please. >> president garcia and members of the board, i am the permit applicants. we prepared an alternative design for a worked sidewalk as per the board's request and provided a split level sidewalk previously submitted to you. we submitted the drawing to the department of public works on february 21 for their review. the drawing -- i am showing a drawing now of a proposed design for a worked sidewalk. -- a warped sidewalk. there is a five-inch step at each of the store entrances, hear, hear, and here. -- here, here, and here. this step was lowered from 9 inches to 5 inches. at 11 comment street, there would be a four-inch round inside of the store as well as a landing at the store entrance to. my clients have advised me that they prefer the proposed warped sidewalk option because of the members concerns and their own tents concerns. i have prepared cost estimates, as you requested. both for the split level sidewalk and for the warped sidewalk. as you can see, the cost differential is fairly minimal. it also explains the sources we had for the estimates. there is

superintendent garcia? superintendent garcia: while i am still superintendent, and you are my deputy, richard, i am going to order you to go home and be with your family this evening. go and enjoy the moment. you will have plenty of opportunities to sit up here. go have fun with your family. deputy superintendent carranza: i will say thank you. superintendent garcia: a lot of people out here will say that not knowing what is coming is always scary in a school district. that old saying, the better the devil you know, but i think people will be out there dancing because richard is a likable and a great guy, and speaking of dancing, i think i should mention that the san francisco young dancer event that is taking place this week, that will be april 28, the san francisco young dancers event at lincoln high school. i think it is from 1:00 p.m. until 4:00 p.m. this coming saturday, and, in fact, president yee, i believe you have something to say about this event. do you not? president yee: i do. and it is not eve

president garcia: what happens next to this individual? is he able to open a new restaurant in the future, reopen the same spot? >> i have never personally been in this position before, i would refer to the director of what possibly could happen. >> we have closed a few other restaurants, and i usually talk with the supervisor of that district. in that case he would be the principal inspector o'malley. we haven't spoken specifically about this case. if we did allow them to reapply, they would have to go get totally up to code in terms of their facilities. in this case, it has to do with an operator that is more negligent as opposed to a facility that is the standard. i can't confirm that until i talk. >> the matter is submitted. president garcia: i am very sympathetic to the operator of louise california chinese cuisine. one thing that is sad is the fact that his business probably was affected by the construction going on next door. he is in a great location next to the hilton or whatever hotel was there. but the idea that people have been

president garcia: did you want us to reconvene tomorrow? >> i would not recommend our meeting next week because of the heavy agenda. we could have it on the 25th although commissioner fung will not be here. president garcia: can they do what they need to do in that period of time? unless somebody wants to disagree with that to date. -- that date. you cannot speak from the audience. >> you do not have to come back if you arrive at a agreeable relationship with your neighbors in terms of what is going to occur. through the construction, through dealing with any other materials that may be hazardous dealing with debris, whatever. if you arrive at a reasonable rent -- relationship with the permit holders, you do not have to come back. >> i would love to arrive at a reasonable relationship. >> you could. you have leverage to talk to the homeowner a contractor, figure out a solution. if you find one, with strong european. >> we will set a date and discuss. we would like commission fung to be here, though. >> so would we. >> year of the west would

president garcia: the you have it already? >> just today. >> they gave a copy of the department -- to the compartmedepartment earlier tod. [talking over each other] president garcia: you are free to summarize its contents if you like. >> we would refer to the department, which gave them a report. president garcia: let me explain the problem, and we can stop the clock for a second. if we are not able to pay attention to you and your testimony later if we try to read that. >> i see. the department targets -- [unintelligible] that is the best we can do. >> you can also refer to it by putting it on the overhead projector if you want the board members to have a quick look at it. >> thank you for your courtesy. >> [foreign language] >> he agrees with all the findings of the public health department. he agrees with all the findings of the public health apartment. >> [foreign language] >> he asks to give him another chance in cleaning up the pl ace, which he has been doing constantly. his restaurant is a construction of the city colle

president garcia: thank you for that. we will hear from dhp. >> commissioners, i disagree with the request because -- my name is karen. a health inspector, department of public health. the reason why i disagree with the request because this is why we're here today. this is a repeated pattern of not preparing papers. that is why his permit was revoked. he applied for this appeal on february 29. he has had over a month and half to prepare his papers. i feel that should be adequate. this is why i am requesting we do not continue this. president garcia: go ahead. >> is the establishment close? -- closed? >> it is complicated but according to the health department it is still open. he is not open for other reasons. according to the health department, he is still open. if we will continue, i will explain. a department of public health revoked a permit and then he filed for an appeal which allows him to continue to stay open. in the interim between february 29 and today he has had other inspections by the council who has found v

president garcia: nor do i. but i do wish we had the entire scope of the product in front of us rather than this piece. i do not really think this is a spite wall but part of a future project. i guess it is more about that easement than it is about the wall. at any rate, i moved that we all hold the permit and deny the appeal. based on the fact that this wall is code complianct and no evidence was presented to cause us to overturn the permit. >> we have a motion from the president to deny this appeal, of all the permit on the basis that it is code compliance and no evidence was presented to cause the board to overturn. on that motion -- commissioner fung: aye. commissioner hillis: aye. commissioner hurtado: aye. the vote is 4-0. this permit is upheld on that basis. thank you. >> san francisco recreation and parks department offers classes for the whole family. rec and parks has a class for everyone. discover what is available now and get ready to get out and play. henri matisse. frida kahlo. andy warhol. discove

president garcia: it seems odd that a property could be transferred without having well- defined property lines. >> i agree. >> anything further from the department? >> in the 2010 san francisco building code, we have a local ordinance for going through a garage area. exiting on 2323 hyde could apply for that. we do have something there that lets people get through garages for exiting in certain time -- in certain conditions. president garcia: would they need a door or would they be able to use the door as it currently functions?

the presiding officer is board president michael garcia. joining him is vice president hwang and commissioners fung, hillis, and hurtado. we are joined by the legal assistant. i am the executive director. we are also joined by representatives from some of the city departments that have cases before the board this evening. scott sanchez is representing the planning department and planning commission. he is the zoning administrator. next to him is mr. duffy of the department of building inspection. we are also joined by john quang, representing the department of public works the belgium of st. use and mapping. -- division of st. use and mapping. >> the board requests that you turn off all phones and pages so you will not disturb the proceedings. please carry on conversations in the hallway. appellants, permit holders, and department representatives each have seven minutes to present their cases and three minutes for a rebuttal. people affiliated with these parties must include their comments with dennis p -- within this period. to assist the

president garcia: do fees toll? >> i do not think so. >> and abatement order could issue as well. >> it could. that is down the line. if you are continuing this and you're talking about enforcement, continuance will come before enforcement. am i right? perhaps. it is a long process. it is not something we go out there and pull people out of their home. there is also appeals board for the notice of violation. there are avenues for that. commissioner hillis: we have always told to go to code enforcement and ask them for continuances. it is not automatic. we do not tell them what to do. go to them and ask them and tell them i have a board of appeals proceeding. can you help me and postpone the abatement process? >> you are entitled to 30 days. when it gets to a hearing, we have to have a first and second notice and then you get your hearing date. then you can ask for an advisement to route to the process. there are processes to length and it. -- lenghten it. president garcia: what penalties would accrue? >> i do not th

president garcia: if you could call the roll. >> president garcia, aye. vice president hwang, aye. [calling roll] this is denied. vice president hwang: mosquito llc. this is 37 grant ave. address to -- 1337 grant ave. requesting that action taken to -- be taken to remedy a conflict between our recently issued place of entertainment permit. the matter is on for hearing and we will start with the appellant. or his agent. you have seven minutes. >> thank you for hearing our appeal this evening. i run tecolote at 1337 grant ave and i am a longtime san francisco blues magician. i am joined by my partners. their friends and founders of the investment bank based in the city. we are serious business people trying to operate a model establishment and that is what we have done every day for five and a half months since we have opened. tupelo is my dream. when we decided to buy the business, we had three kite -- three criteria. the kitchen, full bar, and the ability to provide live entertainment trade we did our homework and look at several locations trade with -- several locations. we had an

. >> thank carlos garcia for his outstanding leadership. the members appreciate it throughout the time they have been here, and we have to say that we are very pleased that richard will be the next superintendent because we have seen it, our members have seen his commitment in vision and implementation of the strategic plan, the value than those contained, and we have seen him operate on those values, and we are glad he is brought in as the next superintendent. commissioner: superintended garcia, we wish you well in your next journey, and we appreciate your keeping the outstanding leadership by appointing richard as the next superintendent. you have appointed an outstanding leader with proven leadership committed to the core common standards and with a passion for education for all children. congratulations to you. next superintendent, and we look forward to working with you. thank you and have a good night. [applause] president yee: many comments for the board, where superintendent? commissioner prove -- commissioner? [no audio] >> this is