commissioner fung? >> to grant the appeal and up hold the permit with the condition that there be further set backs at the front and back. >> just to be clear, if that motion passes we would need an additional motion to specify what the set backs will be. >> okay. >> on that motion, president fung? >> aye. >> hurtado. >> no. >> lazarus. >> no. >> and commissioner honda. >> no. >> the vote is 3-2, and the city charter requires four out of five votes to over turn or modify any departmental action, so unless there is another motion, this permit would be upheld as is by default. what if we just set back the front? >> i mean, you know, i don't see additional reason to set back the rear. and i think that they have made an agreement to put shades and luvers so they don't have to watch the same tv and the concern here is that you know, i don't know. that would be >> do you want to make that motion? >> do i want to make that motion? >> i make a motion that we grant the appeal, up hold the permit on the condition

and the motion is commissioner fung's, president hwang? >> aye. >> and hurtado. >> aye. >> lazarus >> aye. >> and commissioner honda. >> aye. >> thank you. the vote is 5-0. and all of those permits are upheld, three with conditions and one as is. thank you. >> we are going to take number nine out of order and the reason is for that is the resolution has been arrived on by the parties is that the case on number nine? >> a quick chance to call the item with appeal 13-026, joules roskum verses the department of building inspection, the project at 79, 26th avenue protesting the issuance on february 27th, permit to alter a building, addition to back all level and addition of one floor level in 500 square feet and remodel structure. >> brick glad stone speaking on behalf of the permit holder and a resolution and agreement, but the project sponsor has agreed to remove page a6 on the plans that were part of the permit subject to appeal. and it is the page that appellant has asked to be removed and we have agreed that is the extent of our agreement

>> no, it's fine. >> okay. >> on that motion to uphold, commissioner fung? >> no. >> president wong? >> aye. >> vice-president lazarus? >> aye. >> and vice-president honda? >> no. >> this permit is upheld on that basis, thank you. .ing and i would like to take a short break. >> street appealing a let over determination dated january 17, 2013 addressed to marsha garland regarding a liquor distillery and event venue is a basis of the ground floor of the subject building. we'll start with the appellant, please step forward, thank you for waiting. you have 7 minutes. >> good evening, members of the board, i'm michael yarn, people of building, we're a real estate development company and we happen to be the master tenant of the propertied, 535 green street other than known as the sausage factory, this is a historic resource nr the north beach area, in a minute, i have some images that i wanted to share with the members of the board, just of the property. i want to emphasize, the only issue in the letter of determination that we are disputing is really one phrase,

so do you understand what commissioner fung was saying? that there is nothing illegal about having your son live there. it is just making sure that the space is code compliant to meet the current standards such as height requirements light and air and no matter what, more than likely as commissioner fung stated that stove indicating a third unit is not legal, but potentially a wet bar is. so more than likely, we will ask the building inspection department to tell us what is there and if it is possible. >> okay? >> but may i add that u would like to do or you would hope to do what you need to make it a legal unit if that is possible. >> exactly. >> right. >> yeah. >> thank you. >> mr. sanchez, or mr. duffy? >> i am sorry. >> there is still more time. yeah. >> we are out of time? >> okay. >> my jay brown the project designer actually. and to answer any building code questions, i surveyed the property. and as far as i can see, it meets all of the requirements for the code compliant height, ceiling height and light and ventilation and also the

on that motion to over turn the permit with those basis, commissioner fung? aye, hwang? >> aye. lazarus? no. the vote is 4-1 the permit is appealed. staff will find a finding later on. >> we'll take a break and come back at 9. >>> >>

on that motion to over turn the permit with those basis, commissioner fung? aye, hwang? >> aye. lazarus? no. the vote s 4-1 the permit is appealed. >>> we are resuming the may 15, 2013 the san francisco board of appeals. the next item is no. 8. item 8: 312 avila street.protesting the issuance on march 07, 2013, to theodore & cynthia heyermann, permit to alter a building garage alteration as per plan; remove non-conforming construction; remove living room, kitchen and toilet; remove space from housing use that is currently being used as a dwelling by a tenantt. application no. 2013/03/07/1690.12 >> this matter is on for hearing tonight. commissioners it's my understanding that the permit holders representative are not here. we have someone who

on that motion, commissioner fung? >> aye. >> commissioner [speaker not understood]? >> aye. >> commissioner honda? >> aye. >> thank you. the vote is 5 to 0, the za's order is upheld. >> okay, thank you. so, commissioners, we can return to item number 9. i just want to [speaker not understood] might be parked in the underground garage, i believe it closes at midnight. >> okay. was there a resolution? >>> no, there was not, but we would really like to negotiate an agreement. we've come up with new language for the use restrictions, but they wanted to put it on record tonight, but we really need to have our attorney look at it and bring it back to the homeowners. so, we'd really like to come back and negotiate an agreement and get a continuance. for next week. ~ >> yeah, i'd love to know how far apart you are because i'm inclined to make a ruling tonight. could you please -- whoever is representing the current holder. how far apart are you? do you have a conceptual agreement? >>> well, no. i think we have agreed to modification of the use restrictions and [speaker not u

too that we don't have a full record with respect to the saigon sandwich, so i'd like commissioner fung expressed, it's not before us, it hasn't been presented and it's not at the record at this hearing and we are looking at it from a de novo perspective, for all of those reasons, i would move to overturn the department and grant the appeal. >> any conditions? >> i like the concept of limiting the menu simply because it does compete with some of these others, but i would leave that to you two to propose since you raised the question. >> do you want an amendment to your motion then? >> yes. >> so, then i would move to amend the motion to require the permit holder to limit its menu to strictly vietnamese dishes and not to carry any generic items such as chips, cookies, tea, soda, juice and water, coffee unless it's vietnamese coffee. >> i think it doesn't make sense to allow one food and not a drink because then somebody has to go to two different places to complete their lunch. i would accept the reduction of those other ancillary items because they don't have anything to do with that pa

officer is board president chris the wang, she's joiner tonight by an lazarus, commissioner frank fung, damper honda and arcelia hurtado, to my left is mr. brian, he will be here for legal advice tonight and at the controls is victor pa chico, i'm gloria, we're joined by representatives that have cases before the board, scott sanchez is there, he's representing the planning department, roger duffy is here representing the building inspection and john quan is here, he's the manager of public works, bureau street and mapping. at this time, mr. pa check koe, if you could go over the board meeting guidelines and conduct the swearing in process. >> the board request you turn off all cell phones and pagers, please carry on conversation ins the hallway, the board rule of presentation are as follows, appellant, permit holders and department representatives have 7 minutes to present their cases and three minutes for rebuttals f, people affiliated with these parties must include their comments within the 7 or three minutes, they have up to 3 minutes each to address the board but no rebuttal, to

on that motion, commissioner fung? aye, hurtado? >> aye. commissioner honda? aye. the motion is approved. the permit is upheld on basis. we are adjourned. thank you. >>> >>> >>>

on that motion, commissioner fung? aye, hurtado? >> aye. commissioner honda? aye. the motion is approved. the permit is upheld on that basis. >> we are adjourned. thank you. >>> >>> future >> thank you everybody i'm daniel the chairman for the san francisco super bowl bid committee (clapping) we are thrilled and excited to announce today we've raised $30 million to bring super bowl 50 or 51 to the san francisco bay area. not only do we have the dollars but the companies that have stepped forward have come on board and we're announcing that $25 for every dollar we raise is going back into our community in the bay area. so with have is a program to get to but before i get started i need to thank a bunch of people. i'm going to start with the 49ers in the boston group hewitt packard and gibson dunn, virgin america and a bunch of companies in the back have contributed. we just gave the passage to the 49ers and it's all due to silver stein and they got in their hands. just to give you a quick timetable of what's happening we traffic to bovtd our committee will be there

on that motion, commissioner fung? aye, hurtado? >> aye. commissioner honda? aye. the motion is approved. the permit is upheld on that basis. >> we are adjourned. thank you. >>> >>> test, test, test, test, test, test >> well, thank you all for coming. it's great. i just want to highlight the program before we get started. all our partners have helped us develop this project with that my name is a himself i'm head up the be district program. we welcome president chiu welcome. without further adieu a man who's no stranger to this area mayor edwin lee. thank you. it's great to be here on 24th street i can literally see all the changes and the constant very brnt area. it gets crowded up here. i'm glad to join president chiu and the other supervisors who are supporting this neighborhood. all over the city we have 11 of these cb ds thought the city and 5 entire districts. the latest one i want to thank the board for the district that is raising their own money that can really compliment the downtown moscone. the neighborhoods i enjoy just as much because the neighborhood

officer is board president chris the wang, she's joiner tonight by an lazarus, commissioner frank fung, damper honda and arcelia hurtado, to my left is mr. brian, he will be here for legal advice tonight and at the controls is victor pa chico, i'm gloria, we're joined by representatives that have cases before the board, scott sanchez is there,

landlord's attorney has gone forth with the unlawful detainer as i mentioned in response with commissioner fung's original question. >> when my client granted this in 1998 and up until she hired, she had no idea that this was an illegal unit. the owners are absentee and supposedly living in france in some location. the only contact per that my client has is the sales. what has in san francisco ve a situation in a represent controlled unit is facing eviction that she wouldn't have faced or wouldn't be facing if she were in a legal unit. the city has a strong policy in favor of affordable housing as shown in my appellant's statement. the landlords can seek to legalize it going in for a conditional use permit even though it is currently zoned rh 1. what they are seeking to be reawarded for their own wrongdoing. they got rent every month on time for 15 years and now they want to throw her out so they can move the unit. once she's gone since there is no nov, it could be rented to someone else. if the permit is allowed to continue what is happening is the city is saying, if you are a good landlord, ren

i think it where commissioner fung first had the code of a pound in an eight pound bag. when he said that, i remember. >> i increased it to 50. >> it's a bigger amount. that's been removed and been noted. some of the other briefly touched on some of the variety of issues raised in the appellants brief with regard to far and potential legal issues to the property and it doesn't apply to resident animal our age district and it not an issue. i have investigated the property and the allegation used and the last report hearing and met with the person who was working out of the house as an assistant to the owners of the property and found that it was consistent with what we would allow under the planning code. i think one issue that has been raised here which has measure -- merit and nooets need to be received is the height issue. the potential inconsistency in the plan and where they are taking this section from. it shown in different places on the plans depending if they are doing the existing section versus the proposed section. there need to be some clarity there. certainl

on that motion, commissioner fung, aye, hurtado? aye, lazarus? aye. the vote is 5-0. the denial is upheld. >> thank you. call item no. 6. item 6: appeal no. 12-117 nicholas andrade & james mcdermott, appellanttss vs. zoning administrator, respondent 498 hoffman avenue. appealing a letter of determination dated sept. 17, 2012, addressed to allen sowle, regarding the legal dwelling unit count for the subject property. for rehearing today. public hearing held and closed on nov. 07, 2012. at that time a motion to uphold the letter of determination did not muster sufficient votes to pass and the letter of determination was upheld by operation of law. on dec. 12, 2012, the board voted 5-0 to grant the >> thank you. call item no. 6. sf 61234 >>> we'll begin with the appellant. >> good evening. my name is alan soul. i'm the attorney. his partner nick an dreadey was unable to be here. they are the owners at the property at 498 hoffman avenue in san francisco. they requested from the administrator to the legal count from their home was three units. to help you understand the si

. >> commissioner fung? >> aye. >> hurtado? >> aye. >> lazarus? >> aye. >> and commissioner honda. >> thank you. >> the vote is 5-0 and the permit is upheld with page a6 instruct and on that basis. >> thank you. >> thank you. okay we will call item five, 12-171, matthew and kristine (inaudible) with the department building, 611 beuna vista west avenue, providing the issuance of the permit to alter a building, one story vertical addition to two story residents and will include, and the project will have a basement addition. and we will start with the appellant. attorney, brandt holly. >> good afternoon, i am representing for the appeal and the planning commission granted discretion review in this mat and her made a condition that we are going to discuss which has not been fulfilled because of inadequate site plan and starting just a little bit father back, is that going to show? >> you can see that may i point? no. that is not going to work, either. i am sorry >> overhead? please. >> well, you will see in the overhead a photo of the street and mayb

. >> >> we have a motion then from commissioner fung. to continue this matter to the board's indefinite calendar, the call of the chair. the public hearing has been held. and it is to prevent displacement of the kur ant tenant, correct? >> correct. >> and in two years after the places and the calendar again? >> yes. >> two year intervals? >> on that motion, to continue this matter to the call of the chair, president hwang? >> aye. >> commissioner hurtado? >> aye. >> vice president lazarus? >> aye. >> commissioner honda? >> aye. >> thank you. >> the vote is 5-0, this matter is continued to the board's indefinite calendar, the call of the chair, thank you. >> okay, we will move on to item 7, appeal number 1 3-030, mio ota doing business as mio inc verses the department of building inspection, at 2130 fillmore street, also known as 2118 to 2128 fillmore street. protesting the issuance to monique romos to alter a building, with the retail space with the existing mixed use building and renovation of the ground store level for a new retail est

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welcome back to conversations with great minds tonight i'm joined by lee fung hording fellow for the investigative fund at the nation institute and author of the new book the machine a field guide to the resurgent right it's so this isn't you've been we've been talking about the tea party and this whole national thing and. the republican philip morris starting this in ninety three this is all at a national level and yet when you look at i grew up in michigan and it's michigan was always a labor state and it was always it was always a blue state it i think it arguably still is a blue state except that we have a republican senator republican house a republican governor and and we and michigan just lost you know i just got this right to work for. you know it's like it's the ground shifted the state it's somehow and you know i said you know i still have a lot of family there i go back there every year. i don't think the ground has shifted at the level of the people it seems more like but i'm not really sure what's going on other than the divorce family enormous amount of money being dump

with four states receiving 54% have a somebody said 50%, but he think of 54% of the fung what about the state's rights and the children who suffer from obesity to receive less than 1% of the total funding? with the senator is trying to do is simply replace the current indexed block grants with the per capita payment of $5 per household indexed for inflation. this spreads out more evenly rather than the four states. i encourage my colleagues to support the amendment. i appreciate the remarks by the senator from new york, however i think we have a real problem in the country with obesity, including mine. >> any other discussion? senator thune. >> remember, we are looking for ways to save money in the program we're marking. you can save $2 billion here and await it doesn't cut benefits to anybody. i agree we have issues to educate the american people about, obesity being one of them. with respect to states make an application, this doesn't prevent texas. texas could apply up to $5. if texas does on a play for $5, they don't have to. that's still an option. prohibits a peripheral a cup whic

officer is board president chris the wang, she's joiner tonight by an lazarus, commissioner frank fungdamper honda and arcelia hurtado, to my left is mr. brian, he will be here for legal advice tonight and at the controls is victor pa