pacheko. >> we have a motion from commissioner lazarus to deny this issue to not invoke subject matter jurisdiction over the mta's resolution. on that motion vice president fung. >> no. >> president hwang. >> aye. >> and commissioner hurtado. >> no. >> thank you. the vote is two to two. three votes would be needed to grant jurisdiction, so a jurisdiction is denied over this resolution. >> so commissioners on this motion fails just to be clear unless another motion is made and no jurisdiction is granted like was said. okay. so hearing no further motion president hwang do you want to call the next item or take a break? >>i would like to take a break. >> okay. thank you. >> welcome back to the november 7, 2012 meeting of the san francisco board of appeals with president hwang's consent we're going to move around the calendar and take item seven. which is paul iantorno versus the department of building inspection. we're taking this out of order because parties have negotiated a solution and this is about the property on folsom street and construction work done without a permit. the matter

commissioner lazarus. thank you. any public comment on this item? seeing none. please call the roll. >> on that motion from commissioner lazarus to reschedule item five, 12-041 to january 9, 2013. on that motion. >> fung. >> aye. >> thomas. >> aye. >> thank you, the vote is 3-0, that is rescheduled to january 9. >> thank you, moving to item of public comment, anyone wishing to speak on something that is not on tonight's agenda. mr. sanchez. >> thank you, scott sanchez planning department. we would like note that mrs. avery's last day, and has been with the planning commission for 22 years. when commissioner fung was on the planning commission in the 90's. he must remember her well. and for the last years she's served as the executive secretary, and been doing double duty in the last years. we will miss her greatly, she's been a calming presence on the planning commission. and we wish her the best and taking over for her in the interim period is from the board of ape -- appeals. >> can you repeat? >> jonas (inaudible) will be the acting secretary. >> item 3, the

hurtado. >> aye. >> lazarus. >> aye. >> the vote is 3-0, the item is continued to november 7. >> thank you. >> should we take a minute break? two minutes. >> the san francisco board of appeals. we are going to call a few items out of order. item 7, 12-085. the subject property is at 30 cambon drive. and this is a letter of determination below a medical cannabis dispensary could be a part. i understand that you want to request a continuation of this hearing. >> that is correct, i will matthew girardi, and at this time we would like to request the hearing continuance until the december 5 hearing. due to travel plans i am the attorney in los angeles. and the last flight available is 8:15. as such it would behoove us to continue the matter until december 5. if that appeases the board. >> that works for our calendar. >> do we need to ask for public comment? >> yes, we do. and the zoning administrator agreed to this in the break. any public comment? seeing none. if there si motion. >> move to continue this case to dece

i want to address commissioner lazarus comments because i think they're good ones. the key difference is gives a variance and we never requested it and the impact of it says clearly that our lot, lot 33, is only 25 by 50 and not have the adjoining strip of land, and what it does clearly then says that the adjoining lot which is now called lot 38. because that strip of land does belong to them then according to the planning department through that september letter means they can build on it. they would able to apply for a permit and would have the possibility to apply for that permit. >> so is this a dispute who owns that piece of land? >> it's not a dispute about who owns the land because right now that is not within your jurisdiction. you can't decide that. >> i am asking you what the point is. >> yes. we believe that land definite exchange -- nobody disagrees there were letters exchanged. the planning department gave approval for the two buildings in exchange for that strip of land being part of our property. the corner lot, lot 33, and the reason they're issuing

. >> and commissioner lazarus. >> aye. >> thank you. the vote is four to zero. this penalty is reduced to two times. >> thank you. we will move back to 4b and jurisdiction request at the subject party is at 488 guerrero street and the requesters ask that the board take permit application over this case which was issued on march 13, two 027. the appeal ended then and a request was filed at the board at november 9, 2012 and the project remodel a restroom for coffee shop and 15 seats and no food preparation and prep area. we will start with the requesters' attorney. mr. zacks. >> good evening. i am andrew zacks and i represent the owners on the property at guerrero street. we are asking you to take jurisdiction over a permit that pursorts to accomplish a conversion of the property from a cafe to a restaurant. there are a series of permits that we are concerned about, one of which is already before the board. that's a permit filed in may of this year and two months before the subject permit. the history of this property -- if you turn the overhead on for me victor.

. >> and commissioner lazarus? >> no. >> the vote is two to two, the motion does fail, however, because three votes are needed to over turn or modify any departmental action, this permit would be upheld by default unless there is another motion. >> okay. no further motion, then we are done with this item. >> permit upheld. >> thank you. >> so commissioners, the last item... if i could ask the folks to please clear the room, we have additional business to attend to this evening. thank you so much and thank you for your patience throughout this evening. the last item on your calendar is the board consideration and possible adoption of your annual report for the fiscal year 2011-12. the city charter requires that all boards and commissions adon't an annual report and this is designed to fulfill that mandate and also designed to educate the public on the work of the board and the accomplishments in the past fiscal year. i thought that i would briefly talk on the highlights of the report if you could bear with me and i

pacheo. >> on that motion then from commission lazarus to adopt the october 24, 2012 motion. on that motion. vice president fung. >> aye. >> president wan. >> aye. >> commissioner. >> aye. >> those are adopted. >> thank you. we will call item 4a a jurisdiction request. the board received a letter from mark gruberg from united taxicab workers and asking the board invoke over the mta resolution adopted on september 4, 2012 which authorizes the issuance of temporary full time medallions for a limited time. the united taxicab workers filed appeal against the resolution and this appeal was rejected for lack of subject matter jurisdiction by the board office after consultation with the city attorney. public hearing was held and matter was continued to allow president hwang to participate in the final vote. we have with the president's agreement offered additional time for the parties to speak specifically in regard to the city attorney opinion that was not available to mr. gruberg prior to the last hearing. each side will be given three minutes and we are ready for you. >> before y

commissioner lazarus. >> thank you. the vote is three to zero. this matter is rescheduled to january 16. >> okay. so commissioners since items 11a and b have been dismissed there are no other issues pending. >> thank you. we are adjourned. >> i love teaching. it is such an exhilarating experience when people began to feel their own creativity. >> this really is a place where all people can come and take a class and fill part of the community. this is very enriching as an artist. a lot of folks take these classes and take their digital imagery and turn it into negatives. >> there are not many black and white darkrooms available anymore. that is a really big draw. >> this is a signature piece. this is the bill largest darkroom in the u.s.. >> there are a lot of people that want to get into that dark room. >> i think it is the heart of this place. you feel it when you come in. >> the people who just started taking pictures, so this is really an intersection for many generations of photographers and this is a great place to learn because if you need

next speaker. >>> supervisors, jim lazarus, san francisco chamber of commerce. we support this legislation. we believe it is an appropriate experiment, if you would, on smaller size efficiency units. the housing needs of all in the 1920s and 30s, the studio apartments that are so preach leapt in the tenderloin, nob hill, pacific heights, when those apartments were built was a new form of housing for individuals that leaving home for the first time. and if we have an opportunity now because as you said, supervisor wiener, we have a lot of multi-bedroom units that are not being occupied by families. any of us with young adult children know that they're living 3 or 4 to a unit in san francisco to make it affordable. but they're taking units out of supply for families because there's 3 or 4 unrelated adults living in an apartment. if we can move some of that into units like this and if this experiment works and they are attractive and people will occupy them, i think that will reduce some of the burden we have on existing multi-family homes and new multi-family apar

commissioner lazarus. >> thank you. the vote is three to zero. this matter is rescheduled to january 16. >> okay. so commissioners since items 11a and b have been dismissed there are no other issues pending. >> thank you. we are adjourned.

commissioner lazarus. >> thank you. the vote is three to zero. this matter is rescheduled to january 16. >> okay. so commissioners since items 11a and b have been dismissed there are no other issues pending. >> thank you. we are adjourned. >> when the new california academy of sciences opened in 2008, it quickly became one of the top tourist magnets in the city. part of the cal academies' astronomical success is the weekly nightlife party. >> i am joined by helen, who is here to school me on all the nocturnal activities that are getting ready to take place here. tell us a little about what we can expect to see at nightlife. >> we open up the doors every thursday night at the california academy of sciences. there are certain things you can see every week you can go to the museum, visit the planetarium, and we bring in bars and a deejay or band. it is a different feel from during the day, something different every week. tonight , we have beer and music. -- tonight we have great beer and music. it is beer week. we have a dozen local brewers in afric

. >> commissioner lazarus? >> aye. >> thank you, the vote is 4-0. the permit is upheld on that basis. >> if you have a process question, you may address the staff, either at their office or after this meeting, okay? >> the staff has requested a recess so they can switch the generator source or something like that? >> okay, we will take a break. >> how long is that going to be? the city of san francisco sfgtv meeting of the san francisco county board of appeals occurring november 14, 2012 will begin shortly. >> the city of san francisco sfgtv meeting of the san francisco board of appeals occurring november 14, 2012 will resume shortly. >> the city of san francisco sfgtv meeting of the san francisco board of appeals occurring november 14, 2012 will resume shortly.

we have a wonderful working relationship with fta regional leaders and mtc and lazarus from the mtc board and the china chamber of commerce and the san francisco chamber of commerce and the market street association and the business improvement district and joe an hayes and mike from the building and trades construction council. anytime i get a chance to speak on the mta board i say i am so proud of what we do and we move 700,000 people in the city and it's a difficult task. we have a wonderful staff. we are privileged to have the talent of ed of course for his leadership and i couldn't tell you how proud i am to work with the people on the board of directors and christine, the newest member. and the other members and malcolm couldn't be here today but we are proud to work together on behalf of the people of the city and we are happy to have john fung head this up and behalf of the board and all of us and thank you mr. secretary. mr. administrator. senator feinstein, leader pelosi, congress woman spear and mayor lee and thank you all for being here and now it's time to make it official. i

. >> commissioner lazarus. >> no. >> the vote is three to one. this denial is overruled and the permit shall issue. thank you. >> i need to take a short break. (recess better . (recess). >> the november 7, 2012 meeting of the board of appeals. commissioner hurt had to leave the meeting. we are calling the next case and kevin cheng and todd mavis and 1101-1103, 1105 and 1111 and dolores street and addressed to lawrence badiner at urban planner and considered confirming lot and no variances are needed. this is on for hen

. >> commissioner lazarus? >> aye. the vote is 3-0. the hearing is denied and the notices shall be released. thank you. >> all right so we are going to call the next item which is appeal 12-128. we are not going to start the hearing on that until commissioner hurtado is here. she should be here shortly. we will take a two-minute break. okay. >> thank you. [break] the city of san francisco sfgtv meeting of the san francisco county board of appeals occurring november 14, 2012 will begin shortly. the city of san francisco sfgtv meeting of the san francisco county board of appeals occurring november 14, 2012 will begin shortly. >> we are back to the november 14th, board of the appeals. we are calling item number 5, appeal number 1 2-128. glikshtern verses the department of building inspection, at 70th elk street. protesting the issue ans on september 28, 2012 to recreation and park department to alter a building to make ada accessible. path of travel, rest rooms doors, drinking fountain and mechanical work to the site and rest rooms and dr

fung and hurtado and lazarus, don't let this occur on your shift. i am looking at you and watching you. and we are watching you. and when it's wrong it's wrong. you can shove it under the carpet for only so long. and when the truth comes out, it will have your names on it. we are a small group but we do a lot of work and we deserve what we have been working for all of these years. we are getting older, we have nothing else to fall back o please honor this industry including myself. >> thank you, any other public comment? vice president fung do you hear to hear from mr. gruberg again. >> yes, i have questions for you if no other public comment. >> any other public comment? >> please come forward. >> hi, i am patricia lovelock, i am here for another item. but this taxi issues are familiar to me. for years i was a member of the coordinating council for the paratransit executive committee. we work extremely closely with the taxi services. i met many drivers, and i was head of a committee to ramp taxi drivers. and we were extremely involved with the indu

. >> commissioner lazarus. >> no. >> the vote is three to one. this denial is overruled and the permit shall issue. thank you. >> i need to take a >> the november 7, 2012 meeting of the board of appeals. commissioner hurt had to leave the meeting. we are calling the next case and kevin cheng and todd mavis and 1101-1103, 1105 and 1111 and dolores street and addressed to lawrence badiner at urban planner and considered confirming lot and no variances are needed. this is on for hearing today. we will start with the appellant who has seven minutes to present your case. >> good evening commissioners. todd mavis. i am one of the owners at one one 01 and one one 03 dolores street. on the over head project ser a picture of dolores street and 24th street. we own the building at the corner. as way of background we purchased in 2011. in may 2012 we asked the planning department to confirm the process for the properties on dolores street. that being one one 05 and one one one one. the zoning administrator in the august 17th 2012 letter agreed that 1955 the

we have a wonderful working relationship with fta regional leaders and mtc and lazarus from the mtc board and the china chamber of commerce and the san francisco chamber of commerce and the market street association and the business improvement district and joe an hayes and mike from the building and trades construction council. anytime i get a chance to speak on the mta board i say i am so proud of what we do and we move 700,000 people in the city and it's a difficult task. we have a wonderful staff. we are privileged to have the talent of ed of course for his leadership and i couldn't tell you how proud i am to work with the people on the board of

. >> we have a motion from commissioner lazarus to continue this matter to the call of the chair, the board's indefinite calendar public hearing has been held and closed and it's to allow the appellant time to seek a modification of the conditional use. on that motion, vice president fing? >> we're staying the penalty? >> yes. >> it's automatic. >> we suspended the nov at the time of filing. >> on that motion, vice president fung? >> aye. >> president hwang is absent. commissioner hurtado? >> aye. >> thank you. vote is [#34*-6789/] 0. this matter is continued to the call of the chair. >> okay. shall i call the last item then. vice president? >> okay. that is item a and b, 8a and 8b, 12-11 0 and appeal not 12-11 2 subject properties at 124-128 fillmore street and the appeals are fileded by david nale and deborah stott separately against the zoning administrator. and both are appealing a letter of determination dated august 28th, 2012. regarding a request to extend the expiration date of variance 2005-008v. and commissioners, and those here representing the parties, this is a slightly u

. >> commissioner lazarus has a question. >> the reason for the deadline? >> so i estimated the amount of time that was spent and i hate to say wasted but that was spent when the appellant, when the property owner, the project sponsor was arguing with the department over fees that we assessed on the permit for the group housing use, to legalize the group housing use. we were taken to small claims court, but we did win on that. so at that time, as a delay that counted towards them on the variance decision letter. so i think we have, as i said, taken everything that we possibly could into consideration in giving additional time beyond the three years that is typically allowed for the variance. >> we can take public comment. are there any members of the public that wish to speak on this item? please step forward. >> my name is phillip sears and i live across the street from david nale's property and i'm here to oppose the extension of the variance. i am a building contractor and i have been watching david nale renovate his property since he purchased it in 200

. >> and lazarus? >> aye. >> thank you the vote is 4-0. the annual report is adopted as amended. >> so there are no further items. >> we are ajournd. thank you.the hearing. silent mobile devices that may sound off. if you would like to speak on an agenda item please fill out a card and speak into the microphone and state your name for the record. at this time i will like to take roll. commissioner president fong. >> here. >> commission vice president with you. >> here. >> commissioner antonini. >> present. >> commissioner borden. >> here. >> commissioner hillis. >> here. >> commissioner moore. >> here. >> and commissioner avery. >> here. >> commissioner sugaya. >> here. >> first up is items for continuous and item one at harve street and proposed for continuous until december 13, 2012. further under the consent calendar item six at 2895 san browny avenue request for conditional use authorization. this project sponsor has requested a continuous to december 6. >> is there any public comment on these two items? >> do you want to talk about it

. >> commissioner lazarus? >> aye. >> thank you, the vote is 3-0 unithis lo did is upheld. >> thank you. there is no further business. >> vice president fung? >> we are adjourned. >> we are adjourned. shortly. >> chair kim: good afternoon. welcome to our regular rules committee for november i am joined to my right by vice chairkz;t#oñ supervisor ferrell. and we will be joined by supervisor@oju]?v campos. the committee would like tosi$b acknowledge the staff at sfgtv,l >jennifer. >> linday<@kdh wong: will appean otherwise stated. >> chair kim: thank you. please call item 1. >> linda wong: hearing to consider appointingz(gxóg"Ñ oner term ending march 31, 2014,qÑe1 the commission on the aging advisory council. there is#co÷xy one seat vacant. >> chair kim: katherine rose russo, please come up. this format will stay the same, also for item 2 which is the veterans affairs commission. we ask you to briefly talk about your experience as it relates to the position for which you are appointed to or which you are applyi

. >> commissioner lazarus? >> aye. >> thank you, the vote is 4-0. the permit is upheld on that basis. >> if you have a process question, you may address the staff, either at their office or after this meeting, okay? >> the staff has requested a recess so they