commissioner fung. >> i. >> commissioner honda. a: i. >> commissioner wilson. >> i. >> the vote is four to zero. this hearing request is deanied and notice of decision will be released. we'll move on to item 9. the board received a little requesters asking that the board take jurisdiction over case number 2013.08231b which was granted by the zoning administrator. the project is to construct a two story horizontal addition at the rear of the building. we'll start with the requesters. you have three minutes. >> thank you. good eveninging commissioners and madam president. my name is kate pool, this is my husband. we live with our two children at 1782 sanchez street, which is the down hill property to the adjacent property. we'd like to enable our neighbors to expand their living space, we'd like it done in a way that it won't shift the costs on to us. this the current plans don't achieve that because it would increase seismic risk to our home from their property. we think there are viable alternatives to allow them to expand to the e

fung to of to deny the hearing request. the vote the 4 to zero. the rehearing request is denied and a notice shall be released. >> thank you. our next item is item 8, another rehearing request. the subject property is [inaudible] 6th a. avenue. the board received a letter from appellants with planning department approval decided november 19, 2014 at that time the board voted 4 to zero to 1 to up hold the basis that's code compliant rear edition of a third floor 72 square foot deck and we will hear from the requesters first. >> disclosure prior. i've retained the firm rubin for a separate matter. i feel i can hear this case with no bias or present. prejudice. >> thank you. >> good evening. we're here tonight to give additional information to the board regarding extensive

fung to of to deny the hearing request. the vote the 4 to zero. the rehearing request is denied and a notice shall be released. >> thank you. our next item is item 8, another rehearing request. the subject property is [inaudible] 6th a. avenue. the board received a letter from appellants with planning department approval decided november 19, 2014

. >> i concur with the commissioner fung as the person from the public previously stated. you can't negotiate and come to the table with only one person does come to the table. and hearing from the other tenants that live in the building, it would be really unacceptable to have things vibrate throughout the day all day. if i happened to live there and so i am also not supporting the variance at all. >> any comments? >> this is a tough one for me, because i completely understand what the city attorney is saying. but it is hard to get around the fact that this woman has lived in this place for so long, and yet did not have this issue until the restaurant came in. >> second restaurant. >> yeah. the second restaurant. >> a huge upgrading of fans. >> the upgrading of the exhaust system. >> yes, i remember that from last time. so i am just struggling with this one. >> but would it help to craft a motion and... >> sure. >> i will craft it. >> okay. >> i am going to move to over turn the variance decision on the basis that the existing sound levels do not conform to the ordinance,

>> okay, seeing none, if you could call the roll, please. >> we have a motion from commissioner fung to reschedule, 14-156, 59 and 160, to january 28th >> president lazarus. >> aye. >> honda. >> aye. >> wilson. >> aye >> the vote is 4-0 and all three matters are reschedule for january 28th. >> returning to the regular calendar we will call item one which is general public comment, this is for anyone who wants to speak on a matter that is not on tonight's calendar okay, anything none, item two is commissioner comments and questions. commissioners? >> yes and so our vice president had to resign due to work conflict. i would like to thank her personally for her time served and sacrifice to this board and i wish her luck in her further and future endeavors. >> thank you. >> is there any other commissioner comments? >> any public comment on item two? >> okay, seeing none, we will move to item three, which commissioner ss your consideration and possible adoption of the minutes of our november 12, 2014 meeting. >> any comments or changes? additions if not, a motion to approve the minutes as

i heard and no in my opinion and i am not prepare to over turn the permit. >> i echo commissioner fung. >> yeah, i took my word, and i was using the echo word too. and i do think that communication could have been a lill bit better and unfortunately we are here now and you guys got to remember that you are going to live on the same block for a long time. and hopefully, this will mean that things will get better from this point and we do see a lot of case and again i am echoing my fellow commissioner that this is a denovo meeting it is not the planning commission we are the board of appeals and it would have been nice to the presentation that is directed to what we need to hear rather than a body that we have no control over. the reason why i asked for the four commissioners that were present, is that the four that were there, are actually the most diligent of the commissioners in my personal opinion. and the president, the vice president, moore, and so, do i hold their views and i support their views and a lot of times, yes i do. and so, i hope that you as neighbors, are able to figure

and here, and not all of this, and thank you, commissioner, fung the only thing that i wanted to add was that these guys are very careful when starting out on this project and want to make sure that they start out on the right foot and not that, anyone suggested otherwise, and dan, and the ar architect, he went in and spoke with one of the senior level folks and asked for what do we do here? do we restart the old permit? do we, what do we do here, he said the alteration permits. thanks for the questions. >> we want to hear back from the department. >> i am in mr. duffy's hands. >> i will say that you are in good hands. >> we are happy to discuss it with you if you just want to do that. >> i think that is a planning issue, too. >> we can continue it if you want me to verify what is actually existing. >> or what was pre, 2004, that is still there. because that is the issue with the demolition, i think. and we also in the past have run into this situation, and we have dealt with it with planning and we are dealing with it on a couple of projects i think that terrace may be one and you h

basis it that conforms to the residential design guidelines. >> we have a motion from commissioner fung to uphold the permit that it conforms with the residential guidelines. >> on that motion commissioner president lazarus commissioner honda commissioner wilson thank you. the vote is 4 to zero this permit is upheld open that basis. >> i'm going to recuse myself. >> we're going to call the last item lisa versus the department of building inspection protesting the issuance on october 30th to frank and wife notice to violation add two new rear view windows and replacing deck as required i mean, i'll start with the appellant. >> good evening commissioner president lazarus and commissioners, thank you for your consideration of that appeal i am lisa i live next door to webster in the machinery we've owned our owning home for 10 years and condominium to raising our kids our kids attend public schools in the marina and my husband is not here he's with our kids 3 kids our family calibers about the marina i feel like the planning department and the building inspection have everything they need t

. >> we have a motion from commissioner fung to grant the jurisdiction request on that motion to grant commissioner president lazarus commissioner honda and commissioner wilson is absent the vote is 3 to zero and given the boards vacancy the jurisdiction is granted and the nickel sons have a 5 day period and this will end this coming monday. >> okay i believe that mr. donny is now in the room and return to item 4a and b mr. donny. >> commissioners, i apologize for being late here today, i want to withdraw my appeal i worked for the last two years with dbi and planning and the board of appeals staff and now reinstated the permit this morning i'll be withdrawing my appeals. >> is there anything in the department mr. duffey. >> joe duffey i wanted to conform the permits h have been reinstated on december 9th the permit services and so there's nothing to appeal. >> okay well in that case. >> good solution anything to add any public comment on that item on those two items okay. so those items are withdrawn we can move on think to the next item item 6 versus the department of public health p

. >> commissioner fung. >> i. >> president lazarus. >> i. >> commissioner wilson. >> i. >> thank you. the vote is four to zero. jurisdiction is granted. the requesters now have a five day appeal period to appeal this variance and this appeal period end this coming monday. thank you. >> we're going to take a very short break. >> welcome back to the december 17 meeting on san francisco board of appeals. we are on item 10. the subject property is at 1614 noe street. the requester asked that the board take jurisdiction over applicant holder which was issued on august 26, 2014 and the jurisdiction request is filed at the board office on december 1, 2014. the permit holder is steven fouler and the project >> everybody was getting along fine with the new house. instruction was well advanced and the project architect went to the planning department counter with a set of plans for a revision, is what he called it, a new permit revising the previous permit adding a roof deck and skylight and saw over the counter approval of this. it was brought to mr. omakaro, but many knowledgeable architectin

the presiding officer is board president commissioner president lazarus and joined by commissioner fung and commissioner honda commissioner wilson will be joining us later there is one absent on the board the board may overrule the board on appraisal to my right to deputy city attorney that be provide advise and mr. pacheco and i'm again and again the board director we're joined by the board at the taebl tangle it the zoning administrator he is representing planning commission and participating and sitting to his right is the deputy city attorney representing the department of public health and i saw mr. duffy representing the be department of building inspection mr. pacheco go over the guidelines and conduct the swearing in process. >> the board asks you turn off outline electronic device and the boards rules of presentation are appellants and permit holders each have 7 minutes to present their cases and 3 minutes for rebuttals people affiliated with the parties must conclude their comments within 7 minutes arrest to assist the board in the i cannot preparation of the minutes he member

>> we have a motion if commissioner fung to adapt the finding no revision. >> on that motion to adapt the draft finding commissioner president lazarus commissioner honda. >> and commissioner wilson thank you. >> the vote is 4 to zero the finding are adapted and the 10 day rehearing request period is now closed. >> we'll return to item 7 which has been called appeal i believe is there anyone on behalf of the appellant? okay. seeing none then we'll hear from the permit holder >> good evening again commissioners greg on behalf of the permit holder in defines to the commissioners time and commissioner honda's schedule i'll be brief and glad to answer questions should the commission have any this is a structural mraerntd that is adjacent to the appellants property line he has a relationship wall and concerned that the planter and the trees in it would cause lateral loading on the wall the permits holders family purchased this property in 2007 and those planters were constructed probably a decade to two decades prior to the purchase by the kc family the bit of a misnomer it says retrofit pl

on that motion to deny, commissioner fung. >> i. >> commissioner honda. >> i. >> commissioner wilson. >> i. >> thank you. the vote is 4, zero. jurisdiction is denied and no appeal shall be filed against. thank you. >> item 11, appeal 14-6 [inaudible] the property is at 1410 [inaudible] properties llc of a street improvement permit. construct new 15 food wide concrete sidewalk to provide a walking path from clarendon after to subject property. we'll start with the appellants. you have seven minutes. >> good evening president lazarus, members of the board. steve williams. i can true hi truly say without a trace of irony that this has been a long and winding road for the other neighbors.it's the longest case i've ever had, more than ten years. i summarize this appeal should be granted on page 2 of our brief and i'll start by reviewing those quickly. first is the legality issue. article 9 of the public works code governs all and any work in the unaccepted right away. the permit was not granted with article 9 and not properly granted. the owners of the property are financially and personal

el papa por cierto tambiÉn funge como mediador en venezuela, oriente y en la lucha contra el jihadismo llegamos al final gracias por acompaÑarnos en nombre del equipo univisiÓn 14 buenas noches nos vemos maÑana a las 6. hasta maÑana. oyes miÉrcoles 17 de diciembre. estados unidos y cuba abren el camino para restablecer relaciones y dar paso a una nueva era. hubo reacciones en esta noticia del acercamiento. varios presentes latinoamericanos dijeron sentirse optimistas con este anuncio. la corte suprema le dice sÍ a los jÓvenes soÑadores y no a la gobernadora de arizona. los soÑadores podrÍan tener licencia de conducir. tenemos los dramÁticos testimonios de niÑos dominicanos vÍctimas de abuso sexual por parte de uso de un sacerdote en su paÍs. así comenzamos. ♪ ♪ >> este es su noticiero univisiÓn de visión nocturna. ♪ ♪ >> buenas noches. cuba y estados unidos rompieron el hielo que terminaron con mÁs de cinco dÉcadas de hostilidades. el primero de los acordÓ fue la liberaciÓn de prisioneros por parte de los dos paÍses y se espera que pronto se abren embajadas en la isla y en la uniÓn ame

. >> there's a motion on the floor from commissioner fung to up hold this permit on the basis it is code compliant. on that motion to up hole, president lazarus. >> i. >> commissioner honda. >> i. >> commissioner wilson. a: i. >> i. >> thank you. the vote is 4, zero, the permit is upheld on that basis. >> thank you. item 12 has been withdrawn so we'll move on to item 13, which is appeal number 14-176, jason blie versus department of building inspection. it's at 730 commercial street. protesting the issuance on october 3, 2014 the cultural services center to add four riser stairs between 731 and 731 again and provide approved entrance facility to 731. >> could we take discussions outside, please? we have other business to conduct. >> new doors to match wood existing and include power door assist. we can hear from the appellant. again, we just ask those who are leaving the room to do so as quietly as you can please so we can move on to the next piece of business. >> ladies and gentlemen of the the board, jason blie. some of you will remember me from our many past discussions and appeals ov

the motion from commissioner fung to deny this permit with the finding that this permit didn't conform to the existing variance. >> that's right. >> on that motion to deny this permit commissioner president lazarus commissioner honda is absent commissioner wilson thank you vote 3 to zero given the boards vacancy this permit a rerecognized with that finding there's no more business commissioner president lazarus. >> we're adjourned (clapping) >> . >> (speaking foreign language.) >> good afternoon, everyone this is feeling so good to stand before you this announcement is tremendous we'll been working hard in the last year and a half this is a big day you've had personal and long connections to the building on 66 raymond this story of this building has been a rofks story of tragedy and of loss but today, we come to celebrate victory over one hundred years this building behind me has been in the community a tremendous and the that served generation many of the folks that participate in the community at it have you ever seen venue i want to acknowledge the long-standing community members th

the presiding officer is board president commissioner president lazarus and joined by commissioner fungson will be joining us later there is one absent on the board the board may overrule the board on appraisal to my right to deputy city attorney that be provide advise and mr. pacheco and i'm

the motion from commissioner fung to deny this permit with the finding that this permit didn't conform to the existing variance. >> that's right. >> on that motion to deny this permit commissioner president lazarus commissioner honda is absent commissioner wilson thank you vote 3 to zero given the boards vacancy this permit a rerecognized with that finding there's no more business commissioner president lazarus. >> we're adjourn >> good evening everyone with we readies to light a tree. >> yeah. >> that wasn't loud enough. >> are we ready to light a tree. >> good work everyone and welcome to holistic golden gate park i'm filling beginning beggar the manager of our park department and thank you to the performance tonight and others so tonight is our 85th annual holiday tree latin-american truly one of our signature events in the city's history alongside in the back is our esteemed president mark u he will give me a round of applause (clapping.) tonight behind me is a group of park lovers i'm going to introduce so first i want to introduce the rest of our commission flowering and megan an

. >> commissioner fung, would you like a briefing or just an update. >> i think just an update. the motion is to move to january 21, 2015 to conduct a site visit to verify what ada requirements dbi imposed on the permit holder. >> on the motion to continue to january 21st, 2015, president lazarus. >> i. >> commissioner honda. >> itch. >> commissioner wilson. >> i. >> the vote is four, zero. this is continued to january 21, 015. >> our last item, appeal number [inaudible] department of building inspection. property's at 41 lake street protesting the petition to remove existing foundation at west property line and construct new compliant foundation, new anchor bolts at new foundation and wall above. >> we need to hang on one minute. >> sorry. we'll wait until our room clears, the commissioner returns and we'll begin with the appellant. >> i think i can move this along about keeping the eye on the ball and getting this building fixed. the issues on both sides of the board. there's a foundation problem on the west side of the building caused by the neighborhood. the current set of d

from 2006 when we were here last and commissioners fung was then president of the board of appeals, until 2012 when they got final plans to build access from mountain springs, exhibit 13 to my brief, the access was always represented to the public and all the city agencies, planning, dbi, dbw is planning from above and mountain springs. that was 100% the development's idea. that's where access was obtained and where the neighbors on mountain springs consented and approved access from that site. it's just not credible now after six years for the development team to say well, we suddenly find that's not practical, we changed our mind so we're going to change this project. and that's what they say on page three of their brief. let's start with article 9 as exhibit 18. it governs every aspect of development in the unaccepted streets and the other sections of the public works code deal with the accepted streets and there's two kind of streets, accepted and unaccepted. one the city's responsible for attaining and others, the local homeowners who abut it are responsible. item 15 directs the cons

on that motion, commissioner fung? >> i. >> president lazarus. >> i. >> commissioner wilson. >> i. >> thank you. vote is four to zero, those minutes are adopted. >> item 4 is appeal 14-1072. the property is at 2707 21st street for a tree removal permit and we will start with the appellant. you have seven minutes to present your case. >> good evening and happy holidays. nice pronunciation of my name, by the way. my name is kevin mcroy, my wife and i own the house seeking to remove four illegal placed trees in front of our house. they're illegal planting and our neighbors' wishes. we bought our house in october 2013 for a home for a small family. we had a daughter 1 month old at the time. we planned to live in this house through her childhood and beyond. with our dream house we inherited four palm trees planted in in one tree basin in the #150id walk out front. these palms present numerous challenges to pedestrians and drivers. overhead please. the small mediterranean palm is growing diagonally over the sidewalk. it's in

. >> commissioner fung, would you like a briefing or just an update. >> i think just an update. the motion is to move to january 21, 2015 to conduct a site visit to verify what ada requirements dbi imposed on the permit holder. >> on the motion to continue to january 21st, 2015