commissioner fung? >> aye. >> commissioner hurtado? >> aye. >> vice president lazarus? >> aye. >> commissioner honda? >> aye. >> thank you, vote is 5-0 and that item is reschedule to july 31st. >> thank you. >> so we will start then with item 1, which is public comment, is any member of the public who wishes to speak on an item that is not on tonight's calendar. >> hi. i want to thank you for reinstating my permit for the third time of being targeted by the san francisco police department. and it was so of a kind of validation for me to see that somebody else sees what has happened to me. and i was sort of hoping that there would have been a rehearing that i would have had a chance to see the issues brought forward in a letter by tom decany and he cames that mart tetro an artist had personally signed a letter which was a basis for a rehearing. he did not sign a letter, i spoke with him twice, the last time a couple of hours ago. and he knew nothing of me, of tom decany the director of cultural appears and nothing of the san francisco arts commission. and it was not whos

commissioner fung.ay on that motion from commissioner fung to adopt the findings, no new changes. president hwang? aye, lazarus? no. commissioner honda? aye. the vote is 3-1. thank you. >> call item no. 5 item 5: appeal no. 13-056 walter haas, appellanttss vs. dept. of building inspection, respondent planning dept. approval 1 spruce street. protesting the issuance on april 25, 2013, to john maniscalco & mary tesluk, permit to alter a building interior remodel and horizontal addition at rear on 1st and 2nd storiess. application no. 2012/02/23/4708s. for hearing today.>> call item no. 5 sf 51234 this matter is on for hearing tonight. i understand the parties have an agreement. i have the appellant here to speak to the board. >> is there anyone here representing? >> maybe he can come up at the same time. that would be great. >> thank you, commissioners. i'm scott on behalf of walter haas. there has been some amended plans that mr. maniscalco is a permit holder. it allows everybody to move forward and be ne

>> we have a motion from commissioner fung? to up hold this permit with the conditions and revised plans. and the letters dated 7-8 and the plans are dated 7-3. and on that motion, to up hold the permit with these revised plans, president hwang? >> aye. >> commissioner hurtado? >> aye. >> vice president lazarus? >> aye. >> and commissioner honda. >> aye. >> the vote is 5-0 and the permit is up hold with these revised plans and conditions, thank you. >> thank you. so we can go back then to item 4 a a jurisdiction request, 865 market street, the board received a letter from mary murphy asking that the board take jurisdiction over the mobile food facility permit november 11 fmm-0061 which was issued on july 17, 2012, the 15-day appeal period expired on august 1, 2012 and the jurisdiction request was filed with the board's office on may 13, 2013, permit holder is kettle corn star, the project is the sale of kettle corn of funnel cakes and waffles and lemonade. >> we can start with the requestor. >> good afternoon, mary murphy and t

on that motion to over rule and issue this permit, commissioners fung? aye, commissioner hurtado is absent. commissioner lazarus, the decision is 4-0. >> i would like to take a short ten > >> welcome back to the june 19, 2013 meeting of the san francisco board of appeals. we are now ready to call item no. 8. gerald and dale sullivan versus department of public works bureau of aura ban forestry. this is the order to approve removal of one smaller tree and deny removal of one larger tree. you have seven minutes. >> thank you. good evening. madam president and board members. we would like to take this time to dispute the ruling of the january 28 hearing that allowed the one tree to remain and the other one out. they earmarked the removal and the protest of hearing vowing for one tree to stay. we have dealt with these trees for 25 years. the property we own is on the corner of union street. in the packet you will see pictures of overhanging branches. the one tree is probably 65-75 feet tall. i would like to show you the corner property with the over hang and

. >> so commissioner fung and i were having a side discussion. sorry about that. the waiting list, the 5,000 are for sidewalk maintenance and removal? >> that's for sidewalk repairs, not for removal. >> that's why i was confused with your question. >> certainly the timing of the removal e depends on the condition of the tree. >> how many sites are on your list for removal? >> i don't have that. >> okay. thank you. >> commissioners, the matter is submitted. >> i think this is a perfect -- i'm sorry. >> let commissioner honda start. >> i love trees, in fact just drove to sequoia this weekend to see the general sherman tree. but this tree evidently has it's larger than the space and you can clearly see that in the photographs and even if you look at the other additional pictures which makes it look like an even canopy, it's not, there is two-thirds of the tree is definitely hanging on the side of the property address and the side that looks like that's failed, the limb that failed, failed on the opposite side. if they are going to prune the roots which is very diffic

. >> i too greatly respect commissioner fung's opinion. however, the applicant is not a party to this issue. it's the respondent is the police department. so technically there is no due process issue with the applicant. >> it's the interested party. she has a stake in this process. >> she was here and chose to leave. >> so under the board's rules people who are officers of the west portal merchants association are not allowed to speak under public comment because they are represented by mr. kramer, but general members arrest -- are allowed to participate under public comment. if there is anyone in those categories who would like to speak please come forward. can you raise your hand so i can determine how much time to let you have. this is only on the subject of continuance. i would like two minutes each. >> my name is caroline johnson, the reason why i would object to a continuance or at the minimum allow the people who are here, members of the neighborhood who have been waiting around for 3 1/2 hours to speak, to just be able to get up an

fung's and he asked the attorney is there any rules about improper attire? >> and yes, the healthcare articles section 1926, it allows the health department to implement rules and regulations and in that in those rules and regulations, there is requirements and now how they are supposed to dress at all times in a facility. at all times. >> and now that she is off duty, at all times. >> where is that section? >> it is in that... it is in the health code and the rules and regulations and section 1926, and that will allow us to adopt the rules of regulations that is x1 g. >> okay. >> do you have a sort of a section with respect to what they can do on or off duty at the time property? >> no, there are other rules in there, and the other requirements in those rules that we also implement. and there can't be any smoking or alcohol on the premises. the massage rooms can't become like hotel rooms for the masseuse and sleeping in the quarters and they have to get changed in the bathrooms not rooms, and they can't eat or drink in the rooms. these are all operational r

and the original dpw order. >> on that motion, to up hold, commissioner fung. >> aye. >> hwang. >> no. >> lazarus. >> aye. >> honda. >> aye >> 4 to 1 and the permit is upheld on that basis, thank you. >> we are going to take a short break until 7:00.

>> aye. >> wu. >> aye. >> and president fung. >> aye. >> so moved, commissioners that motion passes 6-0. >> do you guys want to group break? or do you want to stop? >> yeah, okay. >> next item please? >> maybe we could wait a minute for the room to clear a little. 2166 12th avenu >> the department received two discretionary review applications. one was filed by the department owner's at 2162, 12th avenue which is immediately north of the subject property. the other idr application was filed by the property owners of 2158 12th avenue which is the second house, north of the subject property. rdr requesters have the similar concerns regarding the proposed work. they include one and the project and the subject house with the third story addition now become ha bitable with the surrounding homes and it does not preserve the neighborhood character and the reasons that are going to allow the subject face there is only one house and has a third story addition. and the last one >> the proposed rear is casting a shadow and on those two dr requesters slots and both dr requesters have limited open

of the chung family and guests, what a remarkable contribution that mom chung made to the city of fung and while big al moves contributions in a different field, she too loves san francisco. she were two wonderful women who left their marks. as an architect you love construction projects and so did my grandmother and not only provide the infrastructure that our country needs but thousands of jobs as well. they also benefit to how the creativity and optism and confidence to the future. she was a model and studied art as what is known as the san francisco art institute. she is best known, however, for conceiving and delivering another construction project, the california pal ace of legion of honor and it should be remembered that this museum was originally build as a memorial to all of the thousands who died in world war i. >> i am not sure what you have thought about having a tunnel boring machine named after her, but she had a good sense of humor. she worked with a number of mayors and often entertaining them over a martini or two. i suspect, although it is not in my script that i was

>> thank you, president fung. and i would like to second the comments her. and i have been legalizing small structures for more than 20 years in san francisco when commissioner sugaya was on the board of appeals he saw me there very regularly with that kind of application. i think that there are a lot of implications that need to be considered by the community and i suggest that you get more input on this before it moves forward. i appreciate the efforts of mr. avalos's office in taking this up and i think that there is a lot of history behind these issues that could be really brought to the benefit to make it a better piece of legislation if it needs to. any additional public comment? >> public comment is closed. commissioner? i am very supportive of the part of the legislation dealing with demolition and mergers? and i think that it it is more critical that this commission has stated many times of looking at affordable housing and as for the section 181, the legal non-conforming units, i would suggest that we split the files, and split the file as supervis

so the motion then is to revoke the permit commissioner fung with the finding of insufficient notice? >> no, with the fact that there was insufficient notice community notice on the initial permit issuance. >> insufficient notice at time of issuance? >> defective notice >> i think that's correct. >> with the finding of defective annoys -- notices at the time of issuance. again to repeat we have a motion from commissioner fung to revoke this notice with defective notice at the time of issuance and the permit holder is not in the room. we would send out a no show letter to her. on that motion, president wang, lazarus, honda? aye. the vote is 4-0. this permit is revoked with that finding. >> we are going to move on. if everyone could leave the room quietly we would appreciate it. we are moving to item no. 10. >> jason perkins, bricks brik and mortar versus the entertainment commission. this feeling approval of may 21, 2013 of additional conditions against the existing place of entertainment permit. you have seven minutes. >> i just want to say thank you to the board for your patience thi

on that motion, commissioner fung? aye, lazarus? aye, honda? aye. thank you, this vote is 4-0. this matter will continue on july 17th. no additional briefing. >> so we are ready to call item no. 9. is miss cold well st ill in the room? >> all right. let me just call the item first and then i will ask you to please stay an we can address the board. this is the property 162 west portal avenue protesting the issuance april 11, 2013, to bay area gold and silver buyers. secondhand dealer permit. i asked if the permit holder was in the room. >> i'm captain -- i represent the police department in this matter. she notified me that she is withdrawing the permit application because the police department no longer supports her decision. she's left the building. >> is there something that happens when a permit is withdrawn. is there a process with a notification or documentation? >> we would send a confirmation on it and go from there and she is not here and we are not supporting granting the permit at this time. >> okay. all right. thank you. >> it's a little bit of a change. >> yeah. so

the officer is chris hwang and lazarus and commissioner fung and honda. hurt hurtado will be absent. the attorney will provide any legal advice today. i'm the board's executive director. we are joined by representative from the city before the board tonight. scott is here representing the planning department and the planning commission. duffy is here, senior building inspector representing building inspection and marcos and permit bureau and i believe we'll be joined by urban forester representing the department of bureau of urban forestry and the director of san francisco entertainment commission and rebecca from the arts commission. at this time mr. pacheco if you can go over the boards meeting guidelines and conduct the swear in process. >> the board request that you turn off all phones and pagers so they will not disturb the proceeding and please carry on conversation in the hallway t board rules and presentation are as as follows.. department representative each has seven minutes to present their cases and three minutes for rebuttals. people affiliat

and the original dpw order. >> on that motion, to up hold, commissioner fung. >> aye. >> hwang. >> no. >> lazarus. >> aye. >> honda. >> aye >> 4 to 1 and the permit is upheld on that basis, thank you. >> we are going to take a short break until 7:00. >> welcome back to the june 17, 2013, of the san francisco board of appeals. and we are calling 9 a and 9 b which shall be heard together. that appeal 13-064 and 065. 3930-3940 judah street. protesting the issuance on may 16, 2013, to other avenues food store, parklet permit (50' long parklet consisting of slip resistant and accessible reclaimed wood deck with planter boxes, bike racks, wooden benches and tables for use by general public). permit no. 13pkt-0044. for hearing today.3930-3940 judah street. protesting the issuance on may 16, 2013, to other avenues food store, street improvement permit (construct one parklet). permit no. 13ie-0298. for hearing today. (10) appeal no. 13. >> matter is on for hearing, these matters are on for hearing today and we can start with the appellant. we will have a total of 14 minutes to present your cas

commissioner fung, aye, hurtado is absent. lazarus? aye. commissioner honda? aye. the vote is 4-0. mr. church has a 5 day period to appeal. >> i just want to make sure that the appellants understand the time period under which need to submit appeals. okay? i see nodding. okay. >> okay. thank you. so then we'll call the next item which the item no. 7. 92 item 7: appeal no. 13-033 paula datesh, appellanttss vs. arts commission, respondent appealing the denial / non-renewal on march 21, 2013 of street artists certificate. certificate no. 8663. for hearing today.item no. 7. 92 sf 71234 we will start with you and you have seven minutes. >> good evening, i remember you commissioner fung. >> wow, not really much has changed except i left. i was in new york for seven years and i came back and well, okay. so, i just want to talk about the san francisco arts commission code in section 2408 b regarding the procedure to assist then revoked whatever street artist permit. this section violates city article 6en titled executive branch and commission which states that unless otherwise provided by

. >> commissioner fung set you off, i didn't want that to happen. >> not at all. >> okay. any other comments? >> well, actually i will, so the outer sunset has become extremely vibrant. in the last ten years. in the amount of people i am a realtor and i live in the sunset and i have had business in the sunset for a long time and just closed on a property on 46 and kirkam and they own a bicycle shop go and figure. with the coffee shop at the end and the dem graphics have sincerely changed in the sunset. and i do believe that the parklet that is installed in front of devil's teeth was a plus to the neighborhood, and i think that it this can beat but my own concern is the safety issue and there are two greater cars and a big delivery truck that is sometimes the double staff and i don't think that the parklet would be a good idea. >> my opinion to that is that the proper remedy for no one who is concerned about the double parking call dpt if people are not going to cooperate with the do not park in front of the business and you call and those tickets will serve as a deterrent

. >> on that motion, to grant and over rule with those findings, commissioner fung? >> aye. >> commissioner hurtado? >> aye. >> vice president lazarus. >> aye. >> commissioner honda. >> aye. >> it is 5 to 0, the suspension is over ruled with those findings. >> thank you. >> bewill move on to 13-061. nancy luo dba "clement service center", appellant(s) vs. dept. of public health, respondent appealing the revocation on may 13, 2013, of massage establishment permit. director's case no. msg-13-23. for hearing today. >> and we will start with the appellant who has seven minutes. >> attorney for the appellant and the service center and my co-counsel is sean falehi eh. and i have been discussing this with the city attorney and a continuance this has been additional information and represented. and they have indicated to me that they would not object going over to the next hearing and that is suitable with the president and the members of the commission. >> could we hear from the department? >> good even. i discussed this with the health department, and they would be fine gi