board saw. and the appeal of those drawings was heard by this board and it was not granted. the variance was upheld in march of 2017. therefore, we feel, it would be manifestly unjust, at this stage, after the site permit has been issued, with the same set of drawings. and that was confirmed by the planning department, that no changes were made, that we followed a process that allowed us to obtain a variance and obtain a site permit that didn't require changes to it, to have that suddenly changed and decision to be changed would be unfair. manifestly unjust. we should be allowed a rehearing and to deny that to us would be manifestly unjust. so therefore, we would ask that you please allow us to have a rehearing, rather than issue findings which support a decision which we don't think is fair. we also submitted an extensive brief, which lists nine different reasons why we should be granted a rehearing. at this time i won't go into all of those or repeat them now but obviously if you have any questions about them, we would be happy to answer those questions. regarding again th

the matter was appealed to the board of appeals, after presentations from all parties, the board of appeals conducted a short deliberation and asked no questions of planning department staff. they then voted unanimously to grant the appeal on the grounds that the historic preservation commission acted incorrectly because it was inconsistent with their typical review of such cases, and that the project did not satisfy standard number two of the secretary of the interior's standards for rehabilitation. because the arts commission was a party to the appeal, they do have a right to file a rehearing request within ten days. thank you. >> president hillis: thank you. >> clerk: the historic -- >> president hillis: we've got one question. commissioner melgar. >> vice president melgar: i just have procedural questions about the item you last described. can you tell us what happens now and what the role of the planning department would be? >> well, at this point, the historic preservation commission issued the certificate of appropriateness which was required to make this alteration within the landma

so i'm asking the board of appeals to look at what's really needed here for this community. use the powers that the board of appeals has. use the boost it needs to feel secure and secure this neighborhood for another ho years. "save mor mart" needs the help, and they're struggling at their new location with its products. we don't want to hear another story like mr. thomas about losing his son last week because he had to go four blocks away to buy a pack of cigarettes. thank you. >> clerk: thank you. you'll now hear from the department. >> i think it's obvious the number of people that stayed late tonight to testify as to the importance of this market in their community, that it goes without saying that it is an important element of that community. but as i said earlier, what the health department has is the san francisco health code that we're required to enforce. we don't have discretion in cases where markets or businesses are beloved by the community, we have to follow the same law regardless of who it is. if this was a legal reason for granting a permit, i can assure you

supervisor peskin asked if the building permit can be appealed to the board of appeals. the answer is no, that is incorrect. the building permit is subject to a conditional use permit -- >> supervisor peskin: that's not what i asked. >> okay. apologies. i think that was offered by the city attorney. the answer is no, it cannot be appealed. this is the forum where this gets decided ultimately. and as for the architect's question, why has this taken ten years to get through permitting? the answer is they continued to propose a project that does not meet code. there are two buildings on this rh-2 lot with more units than is allowed. they're asking for a variance, they're asking for a conditional use permit. that's not what the code allows. this is a nonconforming structure that they're proposing to rebuild. thank you very much for your time. >> president breed: thank you. and that is the end of our hearing. this hearing has now been held and is now closed. [ gavel ]. >> president breed: this matter is now in the hands of the board of supervisors, and i'd like to start with

apple is expected to appeal and an appeal board has reportedly deemed the patents in question invalid where apple is located, a house has come on the market with an asking price, a steal, $799,000. >> oh. so normally, that would be a huge bargain, except, well, the house in san jose is basically a shell. it was almost completely destroyed by a fire. still, the listing agent says buying the burned out home and remodelling it would be less expensive than the purchase price of any new home in the area which runs closer to $1.5 million. it's a bargain. >> it looks move-in ready to me. it's all about location, location, location. this house happens to be very close to where google plans to build a new campus as well. >> it gets lots of natural light through the roof and has a nice cross breeze as well. >> exactly. nice -- we might need it. it's a fixer-upper indeed. >>> coming up, new developments involving a scandal in a rising star in missouri. the governor of missouri receiving new calls to step down. >>> and hugh jackman and relationship goals. see why he's putting most guys to shame.

>> the clerk: san francisco board of appeals. to my left is deputy city attorney to provide legal advice. to my right will be introduced at the moment and the boards is the legal assistant. i'm cynthia goldstein the board's executive director and joined by the representatives of the city department with cases before the board. is cory tege assistant administrator and will be joined by joseph duffy representing the department of building inspection and the public works for mapping. the board requests you turn off electronic devices and carry on conversations in the hallway. there are seven minutes to present a case and three minutes for rebuttal. members of the public who are not affiliate with the parties have up to three minutes each to address the board with no rebuttal and ask you speak into the microphone. you are asked but not required to submit a speaker card or business card to board staff when you come up to speak. there's speaker cards on the left side of the podium for your use. the board welcomes your comments and sugge

shows diverging from the conservatives of her principal reasons dealing with the patent trial appeal board but he wrote dissent by chief justice roberts and again he split from justice thomas and alito but for our all the right reasons to say you like it but i don't like what they are doing so i will vote against it but each time they go back with the concerns of the constitutional structure he was very concerned as you can receive a patent and a copyright you actually have to have the article three court looking at that so thomas alito came to a different conclusion but it shows that at the end of the day someone who truly understands the originalist principles and takes it where he feels they lead him and that is the type of justice we should hope for. >> and your thoughts on justice gorsuch? b mike i will be careful about getting into what happened the last term with the court briefly serving for four months but having justice gorsuch on his first four months on the tenth circuit as law clerk but to those capacities it is just weird a decade later but what is critically important about

congress created boards of special inquiry which considered -- consisted of three immigration specters who heard cases and decided appeals. these boards were under the jurisdiction of the department of treasury. since that time our immigration system has become more complex. and administering the immigration laws no longer rest with a single federal agency. the development of homeland security implementing and enforcing america's immigration laws, the department of justice is the agency with jurisdiction over immigration courts. this has been the subject of scholarly debate for 30 years though many agree they need to be improved, there is no consensus how the court should change. they argue congress is a separate article 1 immigration court, the department of justice and executive branch and in their view, and article 1 court would create efficiency and management, immigration judges remain impartial. and there's more than one point of view, what is needed. they say creating an article 1 court would be duplicative of the current system and do nothing about current case backlogs. and loopholes in current immigration laws.

welcome to the 2018 meeting of the san francisco board of appeals. board president, frank fung will be the presiding officer >> supervisor kim:ed by rick swig, commissioner honda and commissioner lazarus. at the controls is the board's legal assistant, gary. i'm julie rosenberg, the board's executive director. w

the board appeals overturned the decision on wednesday. casted their votes after a lawyer appealed the commissions decision. a spokesperson with the commission says, they remain committed to removing the statue. ( james ) coming up on the kron four morning news... someone is waking up a few million dollars richer... if only they come forward and claim thier ticket. ( james ) and here's a live look outside...from the sutro cam. (ácommercialá) (áábreakáá) (robin) (mabrisa rodriguez)no hot spots to report. there are no major accidents to report in the bay area. no major hot spots. bay bridge wb 80 is less then 30 min from the maze to sf. san mateo bridge less then 30 min from 880 to 101. ( james )someone in the bay area could be 27-million dollars richer thanks to a winning super lotto ticket... but the winner has yet to come forward. lottery officials say the winning ticket was purchased at an arco am-pm convenience store on grimmer boulevard in fremont. the winner has the option of spreing out payments over 30-years... or getting a one-time

>> they are, they're appealable to the board of immigration appeals and under section 242 of the immigration and nationality act. you can take a petition for review for one of the court's appeals to the decision of the bia. >> so a performance standard or some requirement imposed by the attorney general on immigration courts compromises the legal rights and the fairness of the hearing of-- for the alien, that's subject to review bye an appellate court? >> absolutely. and as well, it's possible that the attorney general could review the decision. >> you mentioned bright line rules, you think would be helpful. give us an example what kind of bright line rules you're talking about. >> i proosh appreciate you asking the question. how i should grant continuances, when to grant a fee waiver. when to grant asylum. there are many asylum claims from central america and involve gang claims, individuals who have been threatened by criminal organizations, that quite frankly, the case law really hasn't been very helpful to me as an immigration judge and i saw many of these cases in determining whether or

welcome to the 2018 meeting of the san francisco board of appeals. board president, frank fung will be the presiding officer >> supervisor kim:ed by rick swig, commissioner honda and commissioner lazarus. at the controls is the board's legal assistant, gary. i'm julie rosenberg, the board's executive director. we will be joined by representatives from the city department. we expect the existing zoning administrator and presenting the planning department and planning commission, joseph duffy. and we expect representatives from the s.f.p.d. intls t-- as well as the arts commission. turn off all electronic devices and carry on conversations in the hallway. the board's rules of presentation are as follows. appellants permit holders each are given seven minutes to present their case and three minutes for rebuttal. people affiliated be these parties must include the comments within these periods. members of the public who are not affiliated with the parties have up to three minutes each to address the board and no rebuttal. please speak into the microphone. you

board. in the old days, and this was manifestly unjust, only property owners within 300 feet of a project receiving conditional use could appeal to the board of supervisors, and subsequently, i passed legislation that actually gave the board the authority to be proxies for people whether they did not own real property, whether they were residential tenants or not residential tenants or neighbors outside of the 300 foot zone. and that required a certain number of members of the board of supervisors to approve that before that could be heard. i was actually talking to supervisor safai today, and he and i were trying to recall how many times since he had been supervisor, which has been how long now? >> supervisor safai: year and a half. >> supervisor peskin: seems like forever. sorry. that was a joke. and i think we could only think of two times that the board had actually used that authority in the last year and a half to bring an appeal forward. but those have actually been very important policy matters that have actually -- are now leading to changes in the way, in one case, that we deal with demolition controls. so i am hopef

the board of appeals overturned the decision on wednesday. appealed the commissions decision. a spokesperson with the commission says, they remain committed to removing the statue. ( darya ) coming up on the kron 4 morning buzz... the warriors are one win away from advancing in the n-b-a playoffs. kevin durant gives warrior fans a scare. and madison bumgarner is one step closer to coming back for the giants. ( darya ) and after the break... a mountain lion caught prowling in the south bay. we'll give you a closer look at this video. no major hot spots. bay bridge wb 80 is less then 30 min from the maze to sf. (ácommercialá) no major hot spots. bay bridge wb 80 is less then 30 min from the maze to sf. (ácommercialá)(áábreakáá) ( mabrisa ) wb 80 is less then 30 min from the maze to sf. ( james ) take a look at this... this is new video of a mountain lion... on the loose in east san jose.loose in east lion... on the ( james ) take a look at this... this is new video of a mountain lion... on the loose in east san jose. a fully grown cat making his

the worker removed the soil without plan and the outbuilding -- section 108.8.1 require local appeal board whose members are qualified and specifically knowledgeable in california building standard code and applicable local ordinances. the commissioner is an impartial panel. four or five members do not have -- require knowledge and the building department's decision. please look into the matter. you all know eight members who have powerful positions and they are appointed. they receive financial benefits. they will hold as long as they can. and because they know -- they don't qualify. they don't have qualifications required by law. to fulfill boa's decision to make sure it will be safe and compliant and the adjacent neighbors building and tenants' safety are protected. thank you. >> president breed: thank you for your comments. next speaker, please. >> hi. good afternoon. my name is sheryl thornton, and i'm here on behalf of the employees at dph that have -- it's about the whistleblower hotline and how broken it is. several employees in dph have gone to the whistleblower hotline, and repor

saying, oh, this is what we're going to build, even in the case of an edu that came before the appeals board? he misrepresented, and what they said was oh, i think a site visit is required here. why aren't there site visits to check? why are you just relying on a checked box that there are no tenants in the building? why aren't the planners and the inspectors doing due diligence? this is really important. let's get it straight from the start. then, the as built -- the what is actually represented on the plans and what comes out are two different things, and in the process, a building is built that's nonconforming and who makes off like a bandit? the project sponsor. there's going to be a will, and there's got to be one definition. i agree with paul webber. he's got lots and lots of good points that you need to focus on, and i agree that this legislation for demolition is something that has to become law. thank you. >> president hillis: thank you very much. next speaker, please, miss wilson. >> good morning. i'm usually not here in the morning 'cause you always start at 1:00, but any way, i a

appeal from the board itself works. so i would agree with that. i do in addition i'm not a member of the committee to th the -- to the amendments that i recommended before. the deputy city attorney pointed out on page 5, line 8, we would have to make a conforming amendment to conform to the threegz odeletion of the fee toe the words "any filing fee paid shall be returned to the requester." and i did have some questions for the city attorney. and before we hear from the public, i should probably also put on the record that i would also like a committee member to make one other change at page 2, line 11. which is the provision that says that a final sfmta decision shall not include a decision by the m.t.a. that was contemplated as part of the implementation of a prior final m.t.a. decision. which i think is extremely vague and as i said to my staff earlier today this piece of legislation has been contemplated for a decade. so i would like to remove at page 2, line 11, the words "contemplated" as part of the i. implementation of a final sfmta decisio

appeals are continued to may 9. thank you. >> let's take five minutes. >> >> clerk: good evening. we are resuming the april 25, 2018 meeting of the san francisco board of appeals. up next on the agenda is item number six. this is appeal number 18-010, john paxton versus department of building inspection with planning department approval. the subject property is 330 presidio avenue, protesting the issuance on january 11, 2018 to 330 presid yo avenue, llc of an alteration permit, permission of two accessory dwelling unit on the first floor of an existing building perordinance 3015. seismic application is on dpa 201509046211. application 2016116829. note on march 21, 2018, the board voted 4-0-1, commissioner wilson absent to continue this appeal to allow time for the department to conduct site visit to verify existing conditions. so commissioner wilson, given that you were absent for the hearing on march 21, did you have an opportunity to review the material and video for this case prior to the hearing? [ inaudible ] >> clerk: okay. thank you. so the time limited for this matter is three minutes for each party, and we will start with the department to

they cut the justice department's board of immigration appeals, which hears immigration appeals, in half, firing members of the board who weren't deferential to the board's policies. they stopped using three-member panels and affirmed thousands of cases individually without any written opinion. the federal circuit courts were flooded with appeals. and federal judges across the ideological spectrum voiced their outrage. the most noteworthy quote came from judge richard pozner, a ront reagan appointee to the circuit court in my part of the world, the midwest. he issued an opinion, saying, and i quote, "the adjudication of immigration cases at the administrative level has fallen below the minimum standards of legal justice." in response at the time, i joined with senator ted kennedy, then ranking member and senator lea leahy. our legislation would have established an independent immigration court system. it was blocked by the republican majority. in 2006, republicans in the senate attempted to advance legislation stripping the federal circuit courts of any jurisdiction over immigration appe

>> they are appealed to the board of immigration and under section 242 of the nationality act you can also take the petition to one of the court repeals from a position. >> so a performance standard or some requirement imposed by the attorney general on immigration records compromises the legal rights and fairness of the hearing for the alien subject to review by an appellate court? >> absolutely endows while it is possible that the attorney general could review the decision. >> you mentioned bright line rules. what is an example that you are talking about? >> one of the things i struggled with is how to grant continuances. the case law hasn't been very helpful to me and i saw many of these cases in determining whether or not the individual should be granted asylum in the attorney general is taking steps and cases on certification so they can start to provide the guidelines to those in making the determinations. is there a single salary for the immigration? what is at the bottom? the range is not that much. >> was that over $100,000? how do you do get t get to be a? ultimately it's th

>> clerk: commissioners, the acting director wanted me to read in the minutes for the board of appeals. apaelz at 653 28th street and the construction of a single-family home. a discretionary review was filed by two neighbors and those hearings were held on june 7 and september 8 of last year. the commission took d.r. and added a condition that the lower two floors at the rear of the building be converted to an accessory dwelling unit once the new home was completed. three separate appellants filed appeals. the arguments made on appeal were very similar to those held in the discretionary review hearings, and most of the discuss revolved around the requirements to add an adu once the home was completed. regarding the ability to enforce the condition, the board ultimately voted unanimously to uphold all the appeals. commissioners, that'll place us under general public comment. at this time members of the public may address the commission on items of interest to the public that are within the subject matter jurisdiction of the commission except with respect to agenda item. with respect to

where on wednesday, april 18, appeal 18-035 and appellant schmidt versus the historic preservation commission respondent was held here. and i was disheartened to hear that the board voted to appeal the early days and the statue in the civic center. and countless people here today. i stand with the folks that are here and as a san francisco resident, i am ashamed that the statue still exists. can you imagine the statue glorifying the exclusion of chinese americans? it was law and it was wrong in 1982. there is an outcry from native americans against the statue, and it is a horrible depiction of being native american. rewe can niez that the displacement of thousands of native americans took place, but it should not be glorified. i urge you to grant a rehearing for the appeal and to listen to people that have spoelen today and take seriously what we are doing to start and take the statue down. why? >> thank you. >> hi. laura clark. i just want to point to a very moving system testimony. and i am here about another issue, but i think this is really important. i wanted to draw attention to the fact that a speaker was asked where they live. and i want to draw attention

in one year the number of appeals from board decisions jumped five fold. from 1700 a year to 8400 a year. the same will be true if the current agencies misguided policy of immigration judge production quotas and deadlines are permitted to be implemented. end result is an increase not a decrease in backlog and complete loss of integrity in the court. i urge you to stop the quotas and implementation of these misguided efforts on the immigration court. and move the immigration court once and for all out of a law enforcement agency to an independent article i court. i thank you and i welcome your questions. >> thank you, your honor. let me start with you. >> sure. >> what's the difference between a performance standard and a quota? >> thank you so much. that has been the subject of so much confusion. i so appreciate the opportunity to be able to answer that question, senator. case completion goals are used regularly with court systems across the country. they are goals. aspirational numbers. connected to idea of trying to determine what's proper resource alloc

apple is expected to appeal and an appeal board has reportedly deemed the patents in question invalidcated, a house has come on the market with an asking price, a steal, $799,000. >> oh. so normally, that would be a huge bargain, except, well, the house in san jose is basically a shell. it was almost completely destroyed by a fire. still, the listing agent says buying the burned out home and remodelling it would be less expensive than the purchase price of any new home in the area which runs closer to $1.5 million. it's a bargain. >> it looks move-in ready to me. it's all about location, location, location. this house happens to be very close to where google plans to build a new campus as well. >> it gets lots of natural light through the roof and has a nice cross breeze as well. >> exactly. nice -- we might need it. it's a fixer-upper indeed. >>> coming up, new developments involving a scandal in a rising star in missouri. the governor of missouri receiving new calls to step down. >>> and hugh jackman and relationship goals. see why he's putting most guys to shame. first, here's a lo

appeal any citation. >> i do know that. i also know the citation is through the board appeals. it's not easy. >> it's not through the board of appeals. >> it's through you guys? >> yeah. you have 30 days to appeal a citation. after which we have every right to even put a lien on your business to get that money back. so that is not the route that we're trying to take, but you have every right to say, hey, i don't think your equipment reading was correct. i don't think that -- whatever the appeal is. we haven't seen that. instead, we hear ones w once wel you in that you have these grievances. there's a process that works here, and we would like you to follow that process because that just helps all of us. when you don't follow that process, it makes us look like -- it makes it look as if you don't care about the authority that we have. i get you feel like we're targeting you or that we're biased, but there's a process to try to correct for those and safeguard against those. i haven't seen that fully exercised by you. >> understood. i also wanted to stay that i am not comfortable s

conditional uses are not appealable to the board of appeals. the question -- and ultimately, if we were to deny there -- you know, no building permit would issue, but that wasn't what i asked or what i think the city attorney said. i think the city attorney just said as a matter of record, the building permit is the last thing to issue, so in essence, the board of supervisors is not the last step. i think that was the point. >> president breed: thank you, supervisor peskin. supervisor sheehy? >> supervisor sheehy: yes. so i had a question for planning first. so right now you've got two structures on this lot, right? there's currently two active housing units there? >> at the rear building, there were two units in that, and at the front building, which is the subject of this appeal, there is a commercial space and what is legally a dwelling unit, yes. >> supervisor sheehy: so we'd end up with four dwelling units today if we approve the project sponsor -- if we deny the appeal. >> yes. >> supervisor sheehy: so after hearing the testimony, i don't

we urge the board to implement that city policy by affirming the permit, granting the appeal only for the purpose of allowing us to relocate the storage units and other housing services. thank you. >> you are asking this board to grant the appeal and issue a special conditions permit? for the revision? >> correct. >> and that is reflected in those drawings? i didn't accept those drawings, by the way. >> it is not reflected in the drawing, but reflected in exhibit f to the brief. would you like me to put that on the overhead? >> no, i don't need that. i saw that. has staff put that down? >> next question please. >> mr. vettle. >> under the so-called cantilev cantilevered overhang, what -- by doing that infill, how many square feet are we talking about? >> less than 100. maybe 50. >> okay. so tiny. >> pardon? >> about the size of his desk. >> yep. >> okay. >> thank you. >> thank you. mr. teague. >> good evening, again, president funning and commissioners. -- president fung ad commissioners. the permit was originally filed in january of 2016. it was reviewed by our flex team in the depar

i served on the board appeals. i then became a member of the san francisco public utilities commission where i served for 6 years. after the public utilities commission i served as member of the san francisco police commission and then the san francisco fire commission apoipointed by mayor n newsom. i'm on the retirement board and manage the pension fund. i served on this board since 2010, appointed by mayor newsom and later mayor ed lee. in my personal life i'm a real estate broker. i have a small really estate office where i prosi proside -- provide sales and property management. i have a wife of 19 years, i have a son 17 and i have a son 16 and i have a daughter who is 14 who thinks that she's older than her two brothers. i have son who is also 32 and will make me a grandfather this year. the san francisco port is a very valuable asset planning a 7 and a half mile water front piece of real estate. actually, neglected over the years particularly due to its transition from maritime use to developments and recreati