commissioner garcia: exactly. president peterson: it seems that we may not have full people here until october 13. commissioner garcia: no one is prejudiced by putting it off that long, are they? president peterson: is that a motion to continue until october 13? >> commissioner garcia, i am not interested in seeing the materials from the hearing itself. i am interested in a specific response to these findings only? is that correct? commissioner garcia: that is absolutely correct. what is normal for findings? no limit? >> is not typical to have written response. commissioner garcia: maybe i am the only one with a problem. >> it shouldn't be more than the findings themselves. four pages, do you want to set a four-page lament -- limit? commissioner garcia: i think the surgeon wants to address this. >> i don't know if i will be involved in this matter in october, and i don't know whether we would respond in writing to anything that is put forward here. but i do know that i will be on vacation for all of october. thank

commissioner garcia: i understand that. you may be partially misled -- may be partially -- maybe partially misled mr. hasson. >> it does not require removing the window. commissioner garcia: this seems pretty clear that the window is going to be taken out. >> yes, but that is mr. williams' brief. commissioner garcia: let me make this 0.1 more time. misleading information. >> his brief seems to be misleading, correct. >> -- commissioner garcia: i would have appreciated that. >> it seems very misleading. commissioner fung: there were some questions raised. you have to put in a new one- hour window assembly, it is there another location that is not on the property line? i thought that was brought up in our discussion on jurisdiction, and we went beyond that. >> well, i was not present. i was not retained by the permit holder during that, so i apologize. i do not know what occurred during the jurisdiction. what i can say is that we're trying to essentially abate the nov in the simplest, easy way in order to appease dbi and mr.

commissioner garcia: mr. hall, we know that, and we will give it that way, knowing that it is here say. -- give it that weight, knowing that it is here sayh -- ear -- hearsay. commissioner fung: i hate to go through this too much, but 25 years ago, when i was on this board, we use it to your massage parlor cases, multiple massage parlor cases every week -- we used to hear massage parlor cases. related more to the wacky pressure "-type of establishments that have been popping up in the city, also -- the at keep pressureaccu -- popping up in the city, the accupressure type of the establishments. this is a very difficult business, outside of the sensationalism that you might have seen related to the task force and other things that were made by various public speeches. at the heart of this particular case for me is the number of incidences, and it almost reaches the level of preponderant, and therefore, in this particular -- i need to support the department. i was going to say, and then maybe i said i would not,

commissioner garcia -- the adjacent neighbor.commissioner garcia: not habitable for code. >> it allows for artificial light. commissioner garcia -- commissioner fung: and the exit? >> there were lesser regulations on the windows. i am not sure when that building was actually constructed. commissioner fung: with this building and not be grandfathered prove commissioner -- and not be grandfathered. commissioner hwang: something you said struck me. if the code is not enforced retroactively, why is the goul d's property affected? >> any legal window. it was not installed with a permit. and the widow seems to be an aluminum window. those windows where probably available in the 1960's or sometime about then, so i do not know if that window was ever -- on the property line, especially because it opens. and, furthermore, the permit was filed with the notice of violation. commissioner hwang: i understand about that, but i am just wondering about the grandfathering. >> i do not know how grandfathering would apply. commissioner hwang: i thi

commissioner garcia: so you dispute that? >> all we know is that young individual should have walked in and said, "i saw the cigarettes." were marked. that is what happened. >> that would indicate, once he found that, it was pre- oi$rxdÑÑÑiv÷Ñi yes, but it doem that the person who came in, the decoy, was the same decoy with the same idea, or was it somebody who was just -- commissioner garcia: i am not "rsaying it is material. %q%qi the first violation and the second? >> before, maybe mentioned it two or three times a day. now, it is every sale. if you do not see i.d., i to say i am sorry. a lot of people come from a apartments or across the street, and we have a lot of customers that just by the same product three times a day, and we tell them, "i am sorry. we need to see your id. as you know, you cannot teach someone to read. but in our case, everybody reads, everyone has some kind of -- president peterson wrot: you understand that when you run a business, you are liable for the employees' conduct. >> to the point where th

commissioner garcia: ok, i understand. >> she took her back. commissioner garcia: i understand.: have there been subsequent inspections? how many? >> two, maybe three. the most recent inspection occurred in october, and i believe it was in october 2009. they found a dog on the premises. commissioner fogg -- fung: this was in 2009? >> yes, and that was someone who was visiting, but there were no violations likenesses practitioners or anything in the nature of soliciting or engaging in acts of prostitution. commissioner hwang: what is the amount of time that you believe is reasonable and appropriate? >> 45, 60 days, 90 days. she can handle that. she is also agreeable that if there is another situation, she will give up. but she has proven this over the past months. obviously, she does not want to do that. >> -- commissioner hwang: do you know the next step in terms of korea applying? like, what would that involved? another one-year wait? >> well, she cannot transfer her license to a third person. a third person has to come in, so she has to shut down, and someone else will come in

commissioner garcia: okay, thank you. mr. sanchez, if this board were to decide instead that esthetically plants might be better, how would something like that it and forced overtime? >> that is extremely difficult for the department to enforce any type of vegetative requirement. it is difficult to require anybody to water and fertilizer and what type of species of plants should be planted. that is something that is more of a goodwill gesture between the parties. commissioner garcia: thank you. >> commissioners, the matter is submitted. >> do we hear from the pilot of that is an offer that would be willing to accept? -- from the appellate? >> i apologize, my clients are not here and i cannot consult with them. that is kind of a limitation for me. if the translucent glass would help, i would say it definitely would help, the other problem is the fact the railings are fairly short, so anybody standing or sitting close to them would probably be looking over the rails anyway, which is why we are looking for something a little bit

commissioner garcia: aye. >> they are adopted. president peterson: we can move on to item number four, they each have to do with the adoption of findings. >> i should have done this during commissioner comment, but if we could agenda is this something that came up tonight during public comment as to the law and qualifications for commissioners? that is two weeks in a row that has come up, and i understand we are not allowed to talk about it if it is not on the agenda, but i like to have an opportunity to talk about it. president peterson: when you are ready, call 4a, please. >> and adoption of findings property, a p.o. number 09 -- appeal number 09-4142. they voted to grant the findings -- to grant a permit with the adoption of findings at a later time. it will and in restoration of the living in a to make a three dwelling unit. president peterson: my understanding is that we are in agreement. if you have questions or comments, you can call them up. is there any public comment on these findings? commissioners, the matter is before

commissioner garcia: do we need to sayu81s minimum height? president peterson: is that what the current plans reflect? the only change to the plans would be the glass on the west side, the first floor deck? and i would based on the finding that the variance is not required? commissioner fung: the interpretation. president peterson: the design administrators interpretation. when you are ready to call that. >> to clarify, i believe the motion is from the president to uphold the permit on condition that the western wall of the first floor deck be made of translucent glass? president peterson: of the lightest grade. >> the lightest grade of translucent glass. commissioner fung: the lightest density. commissioner garcia: before you take the vote, if i may, and this is in no way prejudicial, there was a poem referred to called "the bridge builder." it is a pretty good read. i would recommend it to anybody who is interested in what we do here. >> i agree. >> ok. again, the motion is from president peterson to uphold the permit, on condition that the

commissioner garcia: thank you. commissioner hwang: typically, what is the turnaround time for such a permit? >> if it is thought to be an emergency, we generally get our stuff out immediately upon receiving the report. it is usually the same day. vice president goh: would dbi consider making a site visit without the report from the engineer? if we could save on the expense of having to do that, if dbi could have a look -- we have heard allegations there is an unsafe situation. >> generally, and that is not how it works. vice president goh: it needs a report? >> we work based on what that report indicates to us. commissioner fung: mr. o'rearden, one of the issues in this particular case was the issue of mold. i believe the mold remediation could occur at any time without any impact by the decision on this particular permit. >> i am not really well versed on mold situations or litigation methods for mold. i would suggest that if the building does have openings that are not secure that may be a reason for mold -- cont

garcia for his work -- thank you. frankly, when you said you had on the board of appeals for five years, i thought, "holy god, i thought we just put him on their -- there." his work at 6 was really remarkable, and i would be happy to support his renomination on board of appeals. thank you for your service. >> -- supervisor campos: thank you. why don't we open it up for public comment? if there is any member of the public who would like to speak. you each have three minutes. >> i currently hold the honorable position of president of the board of appeals. it is my honor to speak on behalf of mike garcia today. he was president of the board when i was first appointed three years ago. he was thoughtful, prepared, and kind to the commissioners like myself. he also did a remarkable thing -- he admitted he could be wrong, and his opinion could be changed by comments of fellow commissioners, and indeed, he changed his vote. as you know, we are a hybrid board made of commissioners of various backgrounds and opinions. according

commissioner garcia: maybe we need to see who was against it. it's seems like everybody stood up. >> thank you. san francisco is a great city with great people and a great government. the government believes in protecting our property rights and the rights of our citizens. when the project is finished, we will gladly pay the increased property tax. the business and local sales tax revenue will help the city. we are living in tough economic times. i hope the board will please support the request to proceed with this project. it will be a great addition to chinatown and to san francisco, a city of love, peace, and compassion. thank you all again. [applause] commissioner fung: sir, i have a question for you. whoever wants to answer, regarding the entitlement process. there are two gaps in the entitlement process. i need some explanation. you have one gap between 2003- 2005, and the variance in 2007, and another--- and another gap between application and when you got the permit. can you explain why there were gaps? >> i can explain in general, but i

commissioner garcia: i am not suggesting you are ill informed. commissioner hwang: commissioner fung, tell me why you are opposed to that deck? commissioner fung: it is interesting, some of the comments that were made today about urban living. you hear many different stories, and you hear many different sides, depending on which side of the case you are on. my issue is in certain urban settings, one wants to allow some ability to adjust to the fact that we have zero property lines and we have a certain density and we have certain less hurt rear yard setback than other areas. -- lesser rear yard setbacks than other areas. rooftop decks are notorious for being nuisances. not all instances, not all neighborhoods, but they have the potential. i just try to reduce that potential. >> i am trying to understand the palin's point of view. was not the top deck that was the issue? commissioner fung: it is the reverse. they accepted a higher deck, they did not want a lower. >> with all due respect, it is almost a policy statement you are making on the top de