president hwang? >> aye. >> commissioner hurtado? aye >> aye. >> and commissioner honda? >> aye. >> thank you. the vote is 4 to 0. the denial is overruled with this modified scope. thank you. >> okay, then, we'll move back to item number 8 and see if the parties are in the room. we will call appeal number appeal no. 13-001, geraldine rosen vs. department of building inspection. properties at 1041 shrader street, protesting the issuance on december 20, 2012, to laura and dave brown, permit to alter a building (add crickets to rear of house for proper roof drainage). this is application no. 2012-12-20-666 4, and we will hear from the appellant. ~ >>> good evening again, president hwang, commissioners. ryan patterson for appellant, building resident. my client has just retained me and, so, i'm getting up to speed as quickly as i can. i'm going to make a few important points and then ask you for a continuance until the next meeting so that we have time to continue our settlement negotiations and hopefully reach an agreeable solution between the parties. i understand that the

>> aye. >> president hwang? >> aye. >> and commissioner hurtado? >> aye. >> commissioner honda. >> aye. >> thank you, the vote is 5-0, and the minutes are adopted. >> so we will take item number four which is a special item. commissioners, representatives from the department of public health tobacco free department contacted the board for an opportunity to make a short presentation to you on the work that they do to dissuade owners to sell to miners. we have derek smith from the department of public health and given him ten minutes to address the board and of course he will be available to answer any questions that you might have. >> there you go. >> good evening, commissioners, derek smith, the department of public health, the tobacco free project and i hope to speak to you on a non-controversial issues the number of sales to tobacco to minors. i have given you some, as well as some that we offer from the department of health. there is a lot to be said and i will spare you that and let you read it. and just a base line to let you know that tobacco

president hwang? >> aye. >> and vice president lazarus? >> no. >> and commissioner honda? >> no. >> thank you. the vote is 2 to 2. the motion fails. however, four votes being required to overturn or modify departmental action, the 25-day suspension would be upheld absent another motion unless there is another motion. >> okay. >> the 25 days is upheld by default. thank you. >> thank you. >> want go to* go on to item number 5, which is appeal number 12-109, appeal no. 12-109, richard winer & mary marzotto vs. department of building inspection, 483 guerrero street, protesting the issuance on august 28, 2012, to kamal barbhuya, permit to alter a building (add hood to approved coffee shop/limited restaurant; maximum 15 seats). this matter was continued from an earlier hearing to allow time for the permit holder to prepare code-complying plans and for dbi and planning to conduct research on the change of use. and i think we will start with the permit holder to give us an update. mr. marzotto, you'll have three minutes to give an update. >>> i think it's for the benefit of everyb

at that time the board voted 4-0-1, with president hwang absent to grant the appeal and up hold the permit on the basis of the permit holder's agreement to send out neighborhood notification on all permits applications submitted during the next five years, excluding the permits needed to correct existing notices of violation, against the property, and said notification shall conform to the notice results imposed by the dbi on form 6 building dem mrition, permits and lastly the sus expensing of this permit shall not be lifted until the permit holder provides the appellant and dbi and soils testing results that have been prepared by the certificated professional soils testing laboratory. >> my name is dan dodt i am the director for the bay view office for community programming. >> i am going to interrupt to let you know that although i was absent to january 9th, i did review the video of that hearing. >> thank you very much, president hwang. >> on behalf of the individuals and the groups in the way view district that participated in this event, i want to thank you very much for taking the ti

. >> good evening, president hwang and commissioners. representative for the permit holder and the respondent. this is in response to the appellant's concern regarding obstruction of sunlight or air flow, the appellant like he mentioned is located behind the project. and so, the appellant's property is actually much higher than the grade of the property project. so, i don't think that the sunlight or air flow would be any more significantly impacted. in response to the appellant's concerns regarding the height of the building in comparison to the neighboring building as you mentioned runs up a hill each building rises accordingly. and i think that also mentioned at the discretionary review hearing about the planning commission, the planning commission architect actually stated that it was not six feet of an increase that it was more like 3 feet. but again, i don't... i am not an architect, but at the discretionary review he did mention that it was not actually that steep of a jump from house to house. the appellant requested that the pro

president hwang? >> aye. >> and vice president lazarus? >> aye. >> commissioner honda? >> aye. >> thank you. the vote is 4 to 0. this permit is revoked with that finding. thank you. >> thank you. and before i call the next item, mr. pacheco, i'm wondering if you could call down to the control room and see if they can get the in-room closed captioning to work. so, we'll call items 6a and 6b, appeal no. 12-169 and 12-170, both appeals are protesting the issuance on december 12, 2012 to peggy man got, a permit to alter a building, replace foundations, create internal stair from first story to basement -- >> excuse me. can you take your conversations outside the room, please? >> add bedrooms, bath and living space to lower level, remodel kitchen and create new bath at upper level of bottom unit. this is application no. 2012-09/12/95 16. we'll start with mr. malley. you'll have 7 minutes to present your case. >>> good evening. i'm terrence malley -- >> one second. we'll restart the timer. go ahead. >>> i live at 1244 treat, i've lived there for over 12 years. the renovations

. >> on that motion, to up hold on that basis president hwang? >> no. >> commissioner hurtado is ab scent. >> vice president lazarus? >> aye. >> and commissioner honda. >> no. >> thank you. >> the vote is 2-2. so the motion fails. absent another motion, however, the permits would be upheld by default. okay? >> okay. >> no motion. all three permits are upheld. without that basis, because i don't think that we even have the votes to stay the basis. >> it is just by operation of law. >> president hwang there is no further business. >> okay. >> meeting is adjourned. >> welcome, everyone, to this launch of the public service announcement on behalf of the california grand jury's association. i'd like to thank all of you for being here today. being in the presence of such a political [speaker not understood], reminds me of a story a good friend of mine told me about meeting president george h.w. bush. he was in washington meeting with willard e. mills in arkansas at the time mr. mills was the chair of the house ways and means committee, probably one of

preceding officers this evening is hwang and joined this evening by commissioner fung and honda. at the controls is the board's legal assistant. >> i'm cynthia the board's director. and we are also joined from members who have matters before the board and scott sanchez is here, and city administrator and also representing the planning department and commission. joseph dufy is here representing the building of inspection. and we are joined by derek smith he is a health program coordinator at the department of health tobacco free project. >> if you could go over the meeting guidelines and conduct the swearing in. >> the board requests that you turn off all phones and pagers so they will not disturb the proceedings and carry on the conversations in the hallway. the board's rules of presentation are as follows, appellant's and permit holders and department representatives each has seven minutes to present their case and three minutes for rebuttals. people affiliated with these parties much include their comments in the 7 and three minute periods. the members of the public who are not

. >> president hwang how many minutes? >> good evening, my name is mark and i am a neighbor at 15 san lorenzo. i am here to comment on the project and basically say that i am against what they are proposing to do here and this roof line seems to be out of hand with the rest of the roof lines in the road. as far as the code compliant as far as i am concerned there is not much of a rear yard it is somewhere in the neighborhood of ten feet and i know that it is an unconforming lot. but we have lived there for many, many years and i used to run in that lot as a kid. and we had no problem with the actual project being done, but there is just in the way that it was put forth and the way that it was built and right now it is a bliet because we have young children and animals and there are holes and open fences and things where kids could get in. so i feel like it has been neglected and i feel that this should be scrutinized at this point heavily because of the history. and like i said, i know mr. linn very well and i don't know t

. >> on that motion, to up hold on that basis president hwang? >> no. >> commissioner hurtado is ab scent. >> vice president lazarus? >> aye. >> and commissioner honda. >> no. >> thank you. >> the vote is 2-2. so the motion fails. absent another motion, however, the permits would be upheld by default. okay? >> okay. >> no motion. all three permits are upheld. without that basis, because i don't think that we even have the votes to stay the basis. >> it is just by operation of law. >> president hwang there is no further business. >> okay. >> meeting is adjourned. >> for thursday february 28, 2013. please be aware that the commission doesn't tolerate disruption or out burst of any kind want please sound off mobile items. if you want to speak please fill out a card and state your name for the record. i will take roll at this time. president fong. >> here. >> vice wu. >> here. >> commissioners hillis and sugaya are expected to be late and commissioner moore. >> here. >> first up are items proposed for continuance . item one planning policy on timing

. >> and president hwang? >> aye. >> vice president lazarus? >> no. >> commissioner honda. >> no. >> thank you. >> the vote is 2-3 to up hold the permit, the motion fails however the charter requires four out of five to over turn or modify any departmental action and so unless there is another motion, this permit would be upheld by default. >> okay. no motion, so the permit is upheld by permit. thank you. >> thank you. >> i will ask you to leave the room quietly as we call the next item we appreciate that, that is item number 7, appeal number 1 3-001, geraldine rosen verses the department of building inspection with the plan department approval. the property at 1041 shrader street protesting the insurance you ans on december 20, 2012 to laura and dave brown of a permit to alter a building and add crickets to the rear of the house for the proper roof drainage this is application, no 2:singer 012/12/20/6664. and we will hear from the appellant's attorney. >> mr. patterson, you have seven minutes. >> maybe if you want to hold up one minute. >> act

. >> i feel the same way as president hwang. i mean, again, i think that it is troubling that this appears to be a defacto demolition to me. and it is persuasive to me that the former supervisor was here and who worked on this law and has an opinion about how it should be interpreted, and this differs significantly from it. so i would not vote to up hold this permit. >> you want to entertain a motion? >> i will entertain a motion. >> i will move to up hold the site permit on the basis that it is code conforming. >> okay, if you could call the roll, please? >> we have a motion from commissioner fung to up hold this permit on the basis that it is cold conforming. on that motion president hwang? >> no. >> commissioner hurtado? >> no. >> vice president lazarus? >> aye. >> and commissioner honda? >> aye. >> >> welcome back to the march 20th, meeting of the board of appeals. we are calling nine, 13-004, miyo ota doing business as mio ink, verses the department of building inspection, this on for 21330 fillmore street, protesting the i

on that motion, president hwang? >> aye. >> commissioner hurtado? >> aye. >> vice president lazarus? >> aye. >> commissioner honda. >> aye. >> thank you, the vote is 5-0, this permit is upheld on that basis. >> okay. we will call item number 1 0, appeal number 1 3-013, peter linn verses the department of building inspection with planning department approval. subject property at 1325 portola drive protesting the issuance on january 30, 2013 to sofia new of a permit to alter a building, comply with violation of 201299633, revision to bpa no, 2006/09/06/0482 to document the accurate building height relationship between the proposed elevation of 1325 portola drive and the neighboring building to the west. this is application, 2012/03/27/6917. and we will start with the appellant and you will have seven minutes. >> good evening, board members, i would like to thank you all for looking into this matter. we have been up here many times over the last few years. and on 1325 portola was first proposed and approved it was to be six inches taller than the neigh

>> good evening, president hwang, board members and staff. my name is penny (inaudible) and i am a long time resident of san francisco and i have lived here for over 50 years. i have shopped all over the city. and i have shopped at appellant's store and in addition i have over 30 years of experience as a practicing lawyer, representing public agencies exclusively. i was formally a senior attorney for the city of berkeley where i advised the planning commission among others. i also spent 15 years as an assistant city attorney with the city of hayward where i was the primary land use attorney and i advised the planning commission, my last ten years, the last ten years of my career i am retired from 2000, to 2009 were as assistant general council for the san francisco redevelopment agency. >> i am sorry, it has been pointed out that you are the agent. >> that was my mistake on the cover sheet. i believe that to be the case from some e-mails that we had received. but she explained to me that she is not. >> i apologize. >> we may have i may have c

president hwang? >> aye. >> and commissioner hurtado? >> aye. >> and vice president lazarus? >> aye. >> thank you. the vote is 4 to 0. this meeting is scheduled to march 20th for the submittal of the approved plans. thank you. >> there is no further business before the board. >> we are adjourned. [adjourned] test, test, test test, test >> director brinkman. >> actually, we haven't called it to order just yet. welcome ladies and gentlemen. >> okay director brinkman. >> and director heinecke is expected. director lee is also absent with notification. (calling roll) have a skoerm. thank you and our city attorney thank you for being here >> approval of the minutes and the meantime of the cell phones and other electronic advised are prohibited at the meeting. anyone would those sound producing disguised will be asked to lead the meeting and approval of the minutes. >> is there a second? >> all in favor say i. there are no items in the litigation >> thank you so new or unfinished business members of the board? >> well, we, be going for a record here. >> good afternoon staff and mem

on that motion, to up hold both permits, one with all of those changes and revised plans, president hwang? >> aye. >> commissioner hurtado is ab accident. >> vice president lazarus? >> aye. >> and commissioner honda. >> aye. >> thank you. >> the vote is 4-0 and the first permit is upheld as is and the second permit is withheld with those revised plans and all of those changes. we are going to take a short break. yeah. >> good luck. >> welcome back to the february 20, 2013 meeting of the san francisco board of appeals, we are calling appeal november v12-148 alic lam verses the zoning administrator, the project at 2529-2533 post street, protesting the granting on november 15, 2012 to kevin weil and christopher daughtery at rear yard and non-complying structure variances removal of the replacement of existing decks and exit stairs in the rear of the three story. and three family dwelling. attorney you have three minutes. >> before my time starts, i wonder if i might do a housekeeping thing and i have discussed it with the zoning administrator and the architect, the variance decision letter h

. >> on that motion, to continue, president hwang? >> aye. >> thank you. >> commissioner hurtado is absent. >> vice president lazarus. >> aye. >> and commissioner honda. >> aye. >> the vote is 4-0 and these are continued to april 17th, thank you. >> okay, we will call the last set of appeals together, this is item 9 a 9 b and 9 qappeal number 12-161, 162, and 163. all are filed by half had. yman against the department of building inspection with the planning department approvele. the first and all are in relation to 227 douglass street. the first is appealing the issue ans on december 7 to tank mehul permit to alter a building voluntary removal of kitchens levels 1 and 3 and revert level one to utility room and permit 8011207 with washer dryer level three wet bar. and the other is to remove the kitchens on floors 1 and 3 and add laundry to first floor and wet bar to third floor and the third is a plumbing permit to remove the unapproved kitchens on floors 1 and 3 and restore the property to sfd and add laundry to first floor and add w

president hwang? >> aye. >> vice president lazarus? >> aye. >> and commissioner honda? >> aye. >> thank you. the vote is 4 to 0, both appeals are denied. this permit is upheld on that basis. thank you. >> we're going to take a short break. >>please stand by; meeting in recess

. >> president hwang? >> aye. >> commissioner hurtado is ab accident. >> commissioner honda. >> aye. >> thank you. >> it is 4-0. this permit is revoked with those findings. thank you. >> okay. >> so the next items 6 a and 6 b shall be heard together rkts appeal number 12-121, and 12-165 to do with the property at 27 meda avenue, filed by honyuk cheung and bik kwun lee. regarding the protesting the issue an anses on september 13, 2012 of a permit to alter a building and revision to bpa no 2012/08/13/71241, relocate the bathrooms at third floor and add new do you rememberers and skylight and reroofing and replace the window at third floor and front in-kind. and the other on december 6th, another permit to alter a building to comply with come paint number 201251821, and 201268284, the revision to the approved bpa, 201208137241, and 201208066584, shows the existing floor plans to reflect the existing condition and new windows at front and rear and rebuilt the existing rear deck and stair and remove the deck at

president hwang? >> aye. >> vice president lazarus? >> aye. >> and commissioner honda? >> aye. >> thank you. the vote is 4 to 0, both appeals are denied. this permit is upheld on that basis. thank you. >> we're going to take a short break. >>please stand by; meeting in recess >> the meeting of the san francisco board of appeals. we are going to call an item out of order. we're going to call item number 9 now, appeal number appeal no. 13-002, tse family trust vs. department of building inspection with planning department disapproval. subject property is at 2015 stockton street, appealing the denial on december 27, 2012, of permit to alter a building (comply with nov no. 200907902; install total of 38 vinyl double-hung windows to front and rear of building). and we will start with the appellant, appellant's representative, and you have 7 minutes to present your case. >>> good evening president, members of the board. i am representing my parents, the owner of the building. my mom is sitting behind me and my dad was unable to come because of health issues. my parents are bo