SFGTV2: San Francisco Government Television
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Feb 21, 2013
02/13
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, grant the appeal. but, i also just want to comment on these charges of delay on the part of the appellant. i think that they can be countered by the charges that they were serial permitting going on throughout the process that is intended to expedite using the process or circumvent the process and i think that the comments made regarding what we did at the last hearing was an effort to do something that i was not super inclined to do which was to con to expedite this project. notwithstanding what i thought were improper self-help expediting serial permitting, i don't think that the argument that they are intending to delay can stand alone without the counter argument. also, while i recognize it might be frustrating to receive limited argument on the paper, i think that we are as a board entitled to have all of the arguments made at this hearing be considered and that is what we are doing. and that is what i am doing today. so for all of those reasons, i would feel inclined to grant the appeal. >> i fee
, grant the appeal. but, i also just want to comment on these charges of delay on the part of the appellant. i think that they can be countered by the charges that they were serial permitting going on throughout the process that is intended to expedite using the process or circumvent the process and i think that the comments made regarding what we did at the last hearing was an effort to do something that i was not super inclined to do which was to con to expedite this project. notwithstanding...
SFGTV2: San Francisco Government Television
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Feb 21, 2013
02/13
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three appeals. appealing the issue ans on december 6, 2012, to howard west tonight of a permit to alter a building tenant improvement of commercial unit 1, new interior partition walls for four new offices one conference room and break room and upgrade the existing bathroom for ada compliance. appeal 166 ais appealing the issue ans of a building permit, a plumbing permit at unit number one, ada bathrooms sink in break room e12-167 is appealing the issue ans of the plumbing permit, number one, replace hater furnace and 168 is appealing the issue ans of an electrical permit commercial unit number one replace 24 new lights and 30 switches. these are all on for hearing today. mr. williams if you could switch gears and move into this next set. since there are four appeals, you will have 28 minutes. the board certainly does not necessarily require that you take all of that time, however. >> thank you . i'm sure that i will not need all of that time. this is a matter of information for the board. the reaso
three appeals. appealing the issue ans on december 6, 2012, to howard west tonight of a permit to alter a building tenant improvement of commercial unit 1, new interior partition walls for four new offices one conference room and break room and upgrade the existing bathroom for ada compliance. appeal 166 ais appealing the issue ans of a building permit, a plumbing permit at unit number one, ada bathrooms sink in break room e12-167 is appealing the issue ans of the plumbing permit, number one,...
SFGTV2: San Francisco Government Television
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Feb 14, 2013
02/13
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otherwise there is no time limit on the appeals. it means anything that wants to appeal has the right and the board will entertain that, so i think it's important i suggested there is something else going on, maybe so, maybe not, but on the merits they haven't addressed the jurisdictional request and shouldn't be able to force us to address things that were done to address the permits. i think there are representatives with the city that are familiar with the project that can assure you there is no concern for the safety of the project and no serial permits and under mine the noticing requirement and i suggest that this jurisdictional request must be denied for the board to maintain the integrity in the process so permit holders can proceed with their job and we will get to the appeals and the continuous later but i am very much concerned they are launching into the appeals for the three items subject of this jurisdictional request. the permit holders have gone beyond what you normally see in submissions here to make sure they're tr
otherwise there is no time limit on the appeals. it means anything that wants to appeal has the right and the board will entertain that, so i think it's important i suggested there is something else going on, maybe so, maybe not, but on the merits they haven't addressed the jurisdictional request and shouldn't be able to force us to address things that were done to address the permits. i think there are representatives with the city that are familiar with the project that can assure you there...
SFGTV: San Francisco Government Television
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Feb 18, 2013
02/13
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some of the line items that pay for the processing of appeals. the sf government television broadcasting cost and the neighborhood costs will come in lower than what we projected. because those figures are largely based on the higher levels of appeals that we have seen specifically. and even though we are trending up we are not back at our procedure historic levels. i think that we may end the year with an expenditure reduction of about $78,000, and if you back out the shortfall, we should close with about $58,000 on hand. and as far as looking forward for... i am sorry. >> please? >> the new hire, are we going to, i was focused with the surplus is that going to make it a wash? >> no. i mean because this is a projected surplus? >> yes, it is a projected surplus. and the savings that we obtained from delaying the filling of that seat is already calculated into that number that is for the current year and so going forward that savings won't exist. >> does that make sense? >> yes. >> i think so. >> the savings that i projected for the current year i
some of the line items that pay for the processing of appeals. the sf government television broadcasting cost and the neighborhood costs will come in lower than what we projected. because those figures are largely based on the higher levels of appeals that we have seen specifically. and even though we are trending up we are not back at our procedure historic levels. i think that we may end the year with an expenditure reduction of about $78,000, and if you back out the shortfall, we should...
SFGTV: San Francisco Government Television
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Feb 16, 2013
02/13
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and then after the appeal, it does something good. yeah, certainly in february, we were different, 1720 to 1750. so yes, my owner with the own are i talked to him and he said yeah if we were given that in the first place we might not wasted time to do the appeal. we maybe would just go ahead and try it. it is only like 150 square foot. i try to redesign and i can do it. but because of before they want me to cut 400. i cannot with the three bedroom house, i cannot do anything. >> miss tan, do you want to withdraw your appeal? >> no. i don't. because at this point, i think we were being, we will suffer from that unclearness until now. and why was that 148 square feet of difference, why not just let us do the 1898 which actually for one, i am not sure how to calculate the 1720, from what i did is the 2500. but i don't want to spend time doing or arguing that. if we could just go ahead and get work. >> 1750? >> no. 1750. is just accepting something, some number that they just throw out, there is regulations in the mass reduction. i follow
and then after the appeal, it does something good. yeah, certainly in february, we were different, 1720 to 1750. so yes, my owner with the own are i talked to him and he said yeah if we were given that in the first place we might not wasted time to do the appeal. we maybe would just go ahead and try it. it is only like 150 square foot. i try to redesign and i can do it. but because of before they want me to cut 400. i cannot with the three bedroom house, i cannot do anything. >> miss tan,...
SFGTV: San Francisco Government Television
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Feb 3, 2013
02/13
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what is the use of giving a notice of appeal after everything is said and done? the second issue is i believe due to radius services mistake, the whole block was missed floatfication area and that is because radio services calculates notice the block using the assessor's block as opposed to what is stated in the public works code, which is the mid-point of the block face. can i just go to this overhead real quickly? okay. so where the x is where expresso subito did the 300' radius, but where the little star is the actual block face. so all the businesses down here were not notified and one business that dpw testified to was 101 2nd street and no one from that building received notice. the second point is that dpw testified if starbucks objected we most likely would have denied the parent and we have on record that starbucks did object to the permit. they have not withdrawn their objection and the fact that they are not taking an active part in this appeal does not mean they did not object to the permit. third, dpw has been misapplying the 300' radius. the order s
what is the use of giving a notice of appeal after everything is said and done? the second issue is i believe due to radius services mistake, the whole block was missed floatfication area and that is because radio services calculates notice the block using the assessor's block as opposed to what is stated in the public works code, which is the mid-point of the block face. can i just go to this overhead real quickly? okay. so where the x is where expresso subito did the 300' radius, but where...
SFGTV2: San Francisco Government Television
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Feb 21, 2013
02/13
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i think that maybe they said, oh, it is on appeal so we will let the appeal boards handle it. but to me, that somebody falsifying documents that are going before the city. and i don't know that there was any sanction on that at all. so, i hope that you understand the extend to which her family and the people that live in the neighborhood. we want the house fixed up they have not touched the place in 40 years. but we don't want people running rough shot over the process and over the neighbors, and frankly getting away with it. in doing the background work for this appeal i looked at this guy and he has done 75 properties in the last two years. i looked at 40 of them, and clicking on each thing, half of them had complaints for building work beyond the permit and i don't know how many novs. >> so, i just hope that you will take into account our concern about the lack of trust that has been built up about the poor dealings with the neighbors as well as the city. and really give the appellant the benefit of the doubt that we want really strong conditions put on this permit so that
i think that maybe they said, oh, it is on appeal so we will let the appeal boards handle it. but to me, that somebody falsifying documents that are going before the city. and i don't know that there was any sanction on that at all. so, i hope that you understand the extend to which her family and the people that live in the neighborhood. we want the house fixed up they have not touched the place in 40 years. but we don't want people running rough shot over the process and over the neighbors,...
SFGTV: San Francisco Government Television
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Feb 2, 2013
02/13
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the appeal, and strike the permit. uphold the department. sorry. based on what was presented. >> i agree. are you making that a motion? >> yes. >> i will second that motion. >> the motion then to deny the appeal and uphold the department? >> yes. >> so on that motion from the president to deny this appeal, up hold the denial. and it was on the basis of the testimony presented? >> on the record. >> by mr. kwong. >> thank you. >> i think i would prefer it's on the basis of the department's analysis. >> i will take that amendment to my motion. i will accept. >> so again, on that motion from the president to uphold this denial. on the basis of the dpw's analysis. on that motion, commisioner fung? >> aye. >> and commissioner hurtado is absent. vice president lazarus? >> aye. >> and commissioner honda? >> aye. >> thank you. the vote is 4-0, with denial is upheld on that basis. >> we'll call item no. 9, appeal no. 12-101,shumei fang doing business as ceo health club, inc., versus department of public health, appealing a 90-da
the appeal, and strike the permit. uphold the department. sorry. based on what was presented. >> i agree. are you making that a motion? >> yes. >> i will second that motion. >> the motion then to deny the appeal and uphold the department? >> yes. >> so on that motion from the president to deny this appeal, up hold the denial. and it was on the basis of the testimony presented? >> on the record. >> by mr. kwong. >> thank you. >> i think...
SFGTV: San Francisco Government Television
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Feb 3, 2013
02/13
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appeal no. 12-105,106, 107, and 108.h bleecher synder and also dennis stewart versus the department of building inspection with the planning department approval. these are appeal protests the issuance on august 20 2012 to brendan fox of a permit to demolish a building, two story single-family dwelling with 1083-square-feet of ground floor area and also protesting the issuance on august 20, 2012 to brendan fox of a permit to erect a building, four-story, two-unit building with 1413-square-feet of ground floor area. these were alluded time to submit code-compliant revised plans and the hearings were held on october 17th an again december 12th, 2012. with the president's afreedom what i would recommend is that we hear from the project sponsor first and give each party three minutes to present their cases. >> that makes sense. >> good evening commissioners lou, the project sponsor. purpose of the continuance was to allow us to redraw the drawings to make sure they were code-compliant. we offered to reduce the height and make
appeal no. 12-105,106, 107, and 108.h bleecher synder and also dennis stewart versus the department of building inspection with the planning department approval. these are appeal protests the issuance on august 20 2012 to brendan fox of a permit to demolish a building, two story single-family dwelling with 1083-square-feet of ground floor area and also protesting the issuance on august 20, 2012 to brendan fox of a permit to erect a building, four-story, two-unit building with 1413-square-feet...
SFGTV2: San Francisco Government Television
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Feb 14, 2013
02/13
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one of the appeals on the permits was withdrawn and the other appeal was continued. it was a matter -- some of the permits had been done in an iterative fashion where we had minor excavation done, the next permit a bit more excavation, a bit more. they weren't clear existing plans. so, there was quite a few issues there with the plans. i think ultimately we did come to a resolution with all the parties and the permit holder and hopefully we'll have that concluded in the next week. there was also an appeal of building permit for 264 door street. this was before the planning commission as a discretionary review request in june of last year. it's a two-story auto repair facility and light industrial zoning district. the back of it backs into a live/work. and the people that were in the -- living in the live/work were complaining about the impacts on light and air to their property. should be noted in the sli zoning district no dwelling uniunited states are allowed, live/work is aloud. this project was built out in the mid '90s. * allowed at the hearing, the planning com
one of the appeals on the permits was withdrawn and the other appeal was continued. it was a matter -- some of the permits had been done in an iterative fashion where we had minor excavation done, the next permit a bit more excavation, a bit more. they weren't clear existing plans. so, there was quite a few issues there with the plans. i think ultimately we did come to a resolution with all the parties and the permit holder and hopefully we'll have that concluded in the next week. there was...
SFGTV: San Francisco Government Television
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Feb 19, 2013
02/13
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the appeal period ended at that time and the request was filed at the office. is the requester in the room? please step forward. three minutes to present your case to the board. >> i will vassiliki moulas. and i am here today for -- i don't want to turn down the apartment because my older son had a stroke three years ago, and i need that space for him, so i want to be on your next calendar or your next hearing. >> anything further? okay. we can hear from the department of building inspection, mr. dufty. >> good evening commissioners. joel dufty, dbi. this permit was obtained for a notice of violation. we received a complaint about the rear studio at the building. we issued two notices of violation and an order of abatement has been issued and posted on the property on december 6, 2012. we generally like to keep this in place and get the work done. it appears that the construction was done many, many years ago because there was no penalty on the violation which we normally said the work was done pre-1960 so i am available for any questions. >> have you received
the appeal period ended at that time and the request was filed at the office. is the requester in the room? please step forward. three minutes to present your case to the board. >> i will vassiliki moulas. and i am here today for -- i don't want to turn down the apartment because my older son had a stroke three years ago, and i need that space for him, so i want to be on your next calendar or your next hearing. >> anything further? okay. we can hear from the department of building...
SFGTV: San Francisco Government Television
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Feb 16, 2013
02/13
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appealing the denial of fortuneteller permit. this is on for hearing today. mr. fisher representing the appellant. you have seven minutes. >> thank you. good evening president hwang and members. i represent mary amil and who has told fortune for years. no san francisco fortuneteller law existed in the city until the end of 2003 and after full investigation of mary amil the sfpd granted the yearly license to her which would have been automatically renewed again in 2010 except the payment deadline was missed requiring a new application for which identification she used her 2005 expired dmv id and the fortuneteller license issued by the sfpd after full investigation which had just expired in 2010. the police department rejected this as proof of identity, and the processing for the new license was delayed several times for a year, almost two years as mary tried unsuccessful to obtain her birth certificate from vital records, from the mormon church, salt lake city genealogical center and elsewhere without knowing her birth place, date
appealing the denial of fortuneteller permit. this is on for hearing today. mr. fisher representing the appellant. you have seven minutes. >> thank you. good evening president hwang and members. i represent mary amil and who has told fortune for years. no san francisco fortuneteller law existed in the city until the end of 2003 and after full investigation of mary amil the sfpd granted the yearly license to her which would have been automatically renewed again in 2010 except the payment...
SFGTV: San Francisco Government Television
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Feb 23, 2013
02/13
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if you go back and look at the appeal. just the preliminary appeal, back on december fifth and that is going to cause the project owner he could potentially lose the builder because there is no work that could be done there, he has to go to a job to do work and might be available to come back once this is hashed out. so i really imp lore you to look at the merits and i appreciate the concern of looking at every nook and cranny. there is somewhere to meet before they can shanghai and hold hostage a property like this and cause significant money and delays, attorneys fees and architectural designs and time from their schedule. thank you. >> counselor, last week we had the question, who were you or where was the project in terms of its progress? i believe that the answer was everything has been done for the garage and most of the interior work. >> the excavation for the garage, yes. that was an issue that was brought up, that is not being addressed by this permit and that has been done, and what else is being held up, then? o
if you go back and look at the appeal. just the preliminary appeal, back on december fifth and that is going to cause the project owner he could potentially lose the builder because there is no work that could be done there, he has to go to a job to do work and might be available to come back once this is hashed out. so i really imp lore you to look at the merits and i appreciate the concern of looking at every nook and cranny. there is somewhere to meet before they can shanghai and hold...
in our early appeal, we documented we did not pay attention to the work until we
SFGTV2: San Francisco Government Television
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Feb 14, 2013
02/13
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goldstein and the people that work in the board of appeals office for their helpfulness and their kindness since we first filed an appeal in december, and i want to ask -- i want to note first that again they're only four out of five board of appeals members present which again recommends that this be postponed until all five members of the board are here and present. i make that request madam president. >> your requesting to continue your request for a rehearing to date when all five of us are here? >> that's correct which presumably would be the next meeting of the board. >> and the reason is solely because there are four of us here? >> that is correct. the reason is based upon due process to be heard by a appellate tribunal without all members presents constitutes a deprivation of due process. >> well, i have my own opinion of that argument, and we do have our own process here. i'm wondering what prejudice it would be to postpone for one week? what's the prejudice here? >> to the determination holders i suppose it's the prejudice -- >> it's being held up. >> the letter of determination
goldstein and the people that work in the board of appeals office for their helpfulness and their kindness since we first filed an appeal in december, and i want to ask -- i want to note first that again they're only four out of five board of appeals members present which again recommends that this be postponed until all five members of the board are here and present. i make that request madam president. >> your requesting to continue your request for a rehearing to date when all five of...
SFGTV: San Francisco Government Television
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Feb 18, 2013
02/13
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this is address that and at appeal document they say "we should put them under one permit" which i interpret as put the cabosh on and deny the project. that's the concern i think for the requesters, but without my speculation at issue the point i address in the brief these permits are all linked and any subsequent permit comes out linked to that seismic upgrade and that requires them to review the plans. >> the appellant's brief mentioned mov's. are there nov's? >> i don't think there are at this time. the city can speak to that. all of the concerns have been addressed. there were some issued between the transition of the previous contractor and they're in litigation and had real troubles with and the transition to the new builders, so we have been working with the city. they have been out there numerous times. they reviewed everything and had contact and submitted our report from the seismic inspections so as i understand there's nothing stopping the work other than the appeals at this time. >> okay. the actual nov's were not provided in any of the briefs. are they applicable to the first t
this is address that and at appeal document they say "we should put them under one permit" which i interpret as put the cabosh on and deny the project. that's the concern i think for the requesters, but without my speculation at issue the point i address in the brief these permits are all linked and any subsequent permit comes out linked to that seismic upgrade and that requires them to review the plans. >> the appellant's brief mentioned mov's. are there nov's? >> i don't...