vice president fung: same time. director goldstein: how many pages? vice president fung: 5 pages. director goldstein: this is to allow them to inspect the restaurant and to file a brief, five pages from all parties, and have them submitted prior to the hearing, all parties to submit at the same time. is that correct? vice president fung: ok. secretary pacheco:

vice president fung: ok. secretary pacheco: on that motion to continue from vice president fung, three votes are needed. president hwang? commissioner hillis? commissioner hurtado? the vote is 2-2. three votes are needed to continue. i believe the prior motion would stand then. absent another motion. commissioner hillis: we talked about continuing, i do not know if we can revisit this, but adding more than the inspection? president hwang: what would those conditions be? >> -- commissioner hillis: that they come back -- i am trying to get to the reapplication. they would approve an operating plan and an ownership structure that meet the operating requirements. commissioner hurtado: that sounds like a new permit to me. commissioner hillis: yes. director goldstein: may be a point of clarification from the department is in order, because i understand that in order for a new person to participate in the permit, a new permit is required, that they cannot add an additional party to the permit. i do not know if that

vice president fung: ok. secretary pacheco: on that motion to continue from vice president fung,

vice president fung: ok. secretary pacheco: on that motion to continue from vice president fung, three votes are needed. president hwang? commissioner hillis? comss

vice president fung: thank you. director goldstein: ok, if there are no further questions, we can move into public comment. thank you. of the members of the public who would like to speak on this item? please raise your hands. ok, if you could please line up for us on the fall wall -- far wall, that would expedite things if you're able to do that. people who are employed by the pri older are not allowed to speak at this time. i just want to make that clear. the first speaker can please step forward. that would be you, and we do ask that you do give our clerk a copy of the speaker card or business card so we can actually refer to your name in our minutes. thank you. you have three minutes. go ahead. >> thanks. my name is chris. i work downtown at battery st. for link tv, satellite media. i just want to spoke in favor of off the grid. i notice someone come to speak about the other restaurants. i have been there. there are a lot of people work in my intense industry, where we only a five or 10 minutes to run out and ge

on that motion, commissioner fung. commissioner fung: aye. secretary pacheco: vice president hwang, commissioner hillis. the vote is a four-zero, and chris hwang is elevated to the position of president. [applause] president hwang: thank you. director goldstein: seeing that vice president hwang been elevated, the position of vice president is now open. either any nominations? presidents hwang: i nominate commissioner fung. director goldstein: any other nominations? is there any public comment? seeing none, mr. pacheco, could you please call the roll? secretary pacheco: we have denomination from our new president hwang elevate commissioner fung to the position of vice president. on that vote, commissioner fung, hillis, hurtado? the vote is 4-0, and commissioner frank fung is elevated to the position of vice president of the board. director goldstein: congratulations to you both. item number four, -- item number three, commissioner comments and questions. seeing none, we will move to item number four. for your discussion and possible adoption a

vice president fung: i have some comments, also. i would agree that the bar on rehearing requests is quite high and most of the presentations that were made really brought back most of the same discussion that occurred in the first hearing. the one part that was not focused on and perhaps can be considered to be new information relates to and it is only in the brief. it was only rarely discussed by the people here. talking about perhaps an infusion of for their finances. perhaps -- for their finances -- further finances. there is no doubt on a couple of things. the department has not been unsympathetic in the number of times they have proceeded to try to work out the situations here. the number of inspections, the number of abatement hearings, all these kind of things leads, i accept what they said in terms of what it meant and have not been accomplished by this operator. it is difficult for me to accep t that it is totally a language issue. it potentially could be. the number of times that this occurred leads me to not accept that

vice president fung: thank you. director goldstein: ok, if there are no further questions, we can move into public comment. thank you. of the members of the public who would like to speak on this item? please raise your hands. ok, if you could please line up for us on the fall wall -- far wall, that would expedite things if you're able to do that. people who are employed by the pri older are not allowed to speak at this time. i just want to make that clear.

vice president fung: not from what i saw. i thought it was a total of two units in the building, one commercial and one residential. >> the database is what the planning information database is based on, the assessors' database, and that is showing both, all three addresses, and it is showing two units, and usually, that is referring to dwelling units. they would not call a commercial space a unit. vice president fung: but just down below that on the same form you had, it said one residential and one commercial. did it not? >> i believe what you are saying is that this record, that the 3r report on is understandable. i would agree with that. there is other evidence for a third unit. there are three electrical meters. we can go to the photograph on the overhead. with the other -- with the different addresses shown directly on the electrical meters. there are other elements of this, other elements that all contribute to the understanding that this has been used as a dwelling unit it's not since the 1930's then at least since pr

vice president fung: but no response to that? >> my neighbor. vice president fung: i met you. you did not respond. >> i did not respond. if you want an explanation, i do not know. do you want an explanation? vice president fung: if you like. >> my husband, his uncle had passed away. i was a little bit preoccupied. my neighbor had responded so we assumed another set of plans would be forthcoming that we could take a look at. the other thing was if there was not any discretionary review and the neighbors were requesting another d.r., i do not understand how hearing took place. why was there even a d.r. hearing if nothing had been filed? vice president fung: i can answer that. the d.r. is either by request by outside appellants for it is filed by the department itself. >> they would not send out notification? vice president fung: the notification requirements are the same. >> they would have to send out. it is not correct we did not receive notification? >> you would not receive notification. the same rules apply. >> i do not see how that -- do you know what i mean? at some point

i agree with president fung -- vice president fung: vice- president. >> i think the drawings are sufficient at this point. >> can we encourage you to go in the hallway while we're on item 10? there may be people may not want to hear this again. i would encourage you to find a resolution. it is a fairly simple matter. >> we would consent to either solution for both solutions. as far as the order tonight goes, the second level bedroom deck be refashioned in a way suitable for the needs of ms. burrell so long as the configuration eliminates the possibility of a view from that deck into her bedroom. that would be sufficient for our purposes. >> that gets confusing. is it somebody leaning over the deck? i think you should figure out what that is. president hwang: if you listened between the lines, some people up here would rather make a decision tonight. if you could take the opportunity, i would urge you to. >> president fung, you do not need a motion what we do that. president hwang: shelley move on to calling the next item? vice president fung: ms. burrell, does your child need to go to sleep

vice president fung: are there other people involved on a management basis? >> the workers who have been there in the past or sometimes he has had people who have identified themselves as his friends who wanted to help him. vice president fung: no partners or anything like that? >> i have not met any. identify themselves as partners. -- identifying themselves as partners. >> you have been the inspector in this area for two years? >> i took over in late 2010. the documentation is mostly mine but the prior inspector. the 2010 evidence was from the prior inspector. >> how many meetings or hearings did you have with the restaurant during that time, at least when you were involved? >> typically it would be as little of -- as to inspections a year. i made 10 inspections over the last two years and the last made 2 in 2010. one abatement conferences, we usually turn someone around. we have had three. we were trying to avoid were becomes more irreversible in terms of a decision. >> 3 abatement conferences and a hearing and -- >> i have had two and the inspector before

on that motion, vice president fung? vice president fung: aye. mr. pacheco president hwang? jurisdiction is granted, and requester now has any of five- day appeal period which ends this coming monday for both. director goldstein: think. ok, we will move on to the next item, which is item 5b, a rehearing request for washington street. the board received a letter from louie's chinese, and that appeal to a 12-039. we will start with the requesting party or his representative. >> thank you. i am representing him. he is here with an interpreter if after i am done there are any questions that he can answer directly. director goldstein: i went to make sure that they have the ability to translate your comments as well as the board, so six minutes. to allow the translation. >> i appreciate that. thank you, commissioners, for hearing us tonight. i know that the requirements for a granting of the rehearing which is extraordinary reasons, and i think there are extraordinary reasons and issues to grant a rehearing for this matter. there is no question, and i think the department itself w

vice president fung: it requires some kind of decking material of some type. i am not talking route the setback. i am sure the neighbors love the setback. it does come -- conform to residential design but i just threw that out. >> i will speak to him about pulling the front of the roof deck slightly to keep people offered from the front of the building. maybe it will provide some level of separation. again with setbacks from both sides and the road in between, the appellant across the street is pretty far away. >> it seems tro me, this roof deck is on the front of the house. it seems really out of place with the photographs we saw, the others on that block. i am not sure what is going on with the rest of the neighborhood. we heard from planning that it is within the residential guidelines. it's kind of -- looks like a sore thumb, out of place. i do not know if you survey the neighborhood to determine whether there is anything else that looks remotely similar? >> i have not for roof decks. from the ground, you may not be able to see them. this one will have --

vice president fung: i think i have made this statement before. in recent years, we have seen a slight reversal of a pattern we have seen a few decades ago, and that is that people want to march in their single-family units, because a single-family home has more financial value these days, but in response to a comment made earlier, the legalization of units was quite common at this board about 20 years ago. and i have not seen a reverse directory for quite awhile. that was a very common to all to try to indicate that there were additional units. i think that there is enough here to state that was initially three units, two residential and one commercial, and i would support the legalization. president hwang: do you want to make a motion? vice president fung: i will move to overturn the the department on the basis that the 1952 permit was used to legalize something that showed up in the previous documentation with the assessor's office and that it was representing the legalization of the third unit. secretary pacheco: we have a motion from commissi

commissioner fung: aye. commissioner hillis: aye. and commissioner moore toronto is absent right now appear -- and commissioner her title is an asset right now. >> would any member of the public like to speak on an item that is not on tonight's calendar? seeing none, we will move onto item two. commissioners, anything? seeing none, item number three, the adoption of the minutes. and for your consideration are the adoption of the minutes for the board meeting may 30th, 2012. >> time of adoption. >> any public comment on the minutes? seeing none, mr. pachinko, call the roll please. >> on the motion from president hwang to adopt the may 30th minutes -- commissioner fung: aye. commissioner hillis: aye. >> and commissioner hurtaio is absent -- absenthurtado is absent. >> items 4 and 5 will be heard together. the subject property is at 1285 40 fifth ave. we will start with dbi tonight. the electrical permit is ground for cap off of electrical -- ground floor cap off of electrical in the permit range. these items were heard on april 18th, 2

secretary pacheco: we have a motion from commissioner fung to grant the appeal and overrule the denial and grant the permit, and i believe, commissioner fung, said you're finding was that the 1954 permit -- 1950 to permit was to legalize the second residential units. on that motion, by the vice president, to grant this appeal without finding, president hwangm commissioner hillism commissioner hurtado, the denial is overruled with that finding. >> thank you, commissioners. i would also like to thank mr. duffy. director goldstein: item number 7 has been withdrawn, so there is no further business this evening. president hwang: so we are adjourned. [gavel] >> tonight, we paid for the two teachers, especially those in san francisco public schools who have made san francisco the top- performing urban school district in california. each day, thousands of teachers provide children with the skills to be successful in life, including learning how to analyze problems, appreciate the arts, and become active in sports. we all know how important teachers are. that is why the giants continue to parti