president to adapt the minutes on that motion commissioner fung commissioner president lazarus commissioner wilson and commissioner swig is absent so that motion carries 4 to zero thank you next item own the agenda is 3 jurisdiction requests item 4 subject property on 21st after the board received a letter requester asking the board take jurisdiction over an electrical permit issued on september 12th and december- september 12th by the department of building inspection the appeals ended on january 8th and the jurisdiction permits were filled the permit holders and the project the first permit to remove the shower and to remove the ground floor approval for the shower and the third is the restriction inform building permit application to document external stairs and correct the room designation for room a to storage so because there are 34 jurisdiction requests we'll give the requester 9 minutes to present please step forward. >> good evening my name is leslie o'brien (inaudible) in the upstairs portion of the property (inaudible). >> 2002 we are here this evening to speak that the building permits

commission fung. >> aye. >> president lazarus. >> aye. >> commissioner wilson. >> no. >> commissioner swig. >> aye. >> thank you. the vote is 4-1. this permit is upheld with that change. three feet in towards the real building wall, thank you. >> welcome back to the may 6 2015 board of appeals, we are calling items 13 "a" and 13 "b," first appeal by dorothy larson and second by peggy snider both are protesting a project at 910 carolina street. protesting the issuance on march 20 2015 to leon kemel of a permit to erect a building three story, single family dwelling with 4,848. the first appellant, mrs. larson, you have seven minutes to make your case. >> can i make a note we were told that the plans changed again. >> speak to the microphone. >> i want to make a note that we found out that the plans were changed again, we haven't been notified. i was told about this two minutes ago. this is typical. >> okay why don't you make your presentation. >> okay. >> or are you asking for a continuance? >> no we really want to have these plans changed completely. because the house is completely ou

. >> on that motion commissioner president lazarus commissioner honda commissioner wilson and commissioner swig is absent that carries 4 to zero thank you, commissioners we'll move on to the next item another jurisdiction request item 5 subject property is an leavenworth street the letter from mark attorney for two folks requesters asking the board take jurisdiction over the matter which was issued on march 11 by the department of building inspection the appeal end and the jurisdiction was filed on april 13, 2014 the permit holder is darwin to document the occupancy of the 4 story building with unit bans a site inspection for discrepancies obtain permits and additional addresses we'll hear if the requester - - did you call for - okay. >> we're off >> interesting. >> how was our week. >> can i take a nap. >> okay thanks patience we're having attributable with the timer while we wait for media services to come and help us we'll use my phenomenon if the representative for the requesters about step forward is there anyone representing the requesters mr. filling baxter another technical difficu

on that motion commissioner president lazarus commissioner honda's commissioner wilson and commissioner swig is absent that motion carries 4 to zero thank you, commissioners move on to item 9 paul white versus the department of building inspection the property office of the city administrator on broadway wick street for 2015 to pam whitehead to clarify the height of the building before and after being revised under the permit application for a previously shown height compiling with the allegations to the restriction of the 1, 2, 3, 4, 5 other permit applications starting with the appellants advertiser mr. williams you have 7 minutes. >> thank you. good evening commissioner president lazarus and members of the board steve williams representing appellant that lives contra from the site the neighbors oppose this project for many reasons i've detailed in those in the extensive briefly i apologize for the amount of abbreviations and you've gotten written opposition from the neighbors this was disabled by a fire one lady brought a rehabilitation project in october 2011 proposed philanthropist

uphold the rest indication that sfmta had good cause commissioner president lazarus commissioner honda's no commissioner wilson and commissioner swig is absent that motion carries with a vote of 3 to one. >> thank you next two items 7 ab will be called together michael is the first time appellant both are appealing against the department of building inspection with planning department approval project only ashbury street protesting the permit to erect a building 4 story building with seven hundred square feet of empowering area i understand the appellants want they're two 7 minutes periods combined to present together with 14 minutes; is that correct? >> yes. i've made extra copies of the presentation. >> are you going to be using the overhead. >> that's probably sufficient. >> okay. you have 14 minutes on the clock. >> is reuben, junius & rose? sorry i need to make a disclosure pardon me one second here god i lost my i have a previous business arrangement are reuben, junius & rose i'm hired them on a separate matter but feel i can hear this case without bias >> i have reservations burr one of the planning com

commissioner fung to uphold this zoning administrator order on the basis that they did not e r-r or abuse his discretion. on that motion to uphold, president lazarus? >> aye. >> vice-president honda? >> aye. >> commissioner wilson? >> aye. >> commissioner swig? >> aye. >> the vote is 5-0. >> president lazarus, there is no other business before the board tonight. >> we are adjourned. (meeting is 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

commissioner fung? >> aye. >> president lazarus? >> aye. >> vice-president honda? >> aye. >> commissioner wilson ?frjts aye. >> the vote is 5-0 those minutes are adopted. >> okay, thank you, so item 4 is appeal number 15-023, kin nanny ahmed doing business as nile cafe, the property is at 544 jones street and this is an appeal of the revocation of january 27, 2015 of a parklet, we can start with the appellant. so you have 7 minutes to present your case to the board. >> hello commissioners, my name is ki nanny. >> would you mind raising up your microphone. >> i'm doing business at 544 jones at nile cafe and i have issued a parklet in 2013 and it's in the tenderloin and i'm one of the first parklet that were given permits in the tenderloin area and as everybody knows the tenderloin is not an easy place to do business because of the kind of demographics we have. it's not -- if you were to compare it with somewhere, north beach or valencia we have a lot of homeless population and given the scope of enforcement that we can be able to do, it's a public space and we can't really tell people to move and i

commissioner fung? >> aye. >> president lazarus? >> aye. >> vice-president honda? >> aye. >> and commissioner wilson? >> aye. >> thank you, the vote is 5-0, this permit is upheld on that basis. >> thank you. >> we'll move ton item 10 appeal number 10-053, mare rin amine versus the department of building inspection, the project is on 300 wawona street, protesting the issuance on march 11, 2015 to kim clash of an alteration permit, add 2nd story master bedroom and bath, remodel and expand kitchen, connect basement with internal stair finish and expand basement you have 7 minutes. whenever you're ready. >> good evening, commissioners. i'm marilyn amini ask i'm here to appeal the permit that was issued, actually the primary issue is that this is a horizontal addition into a rear yard that is not compliant in terms of the required minimum area and i'll put this on overhead i'm not sure, how do i do this, have i -- victor? the addition would be put in the rear right here, right in this area, and i have on this board and i don't know if you can see it but i numbered areas of the rear yard that are not code

commissioner fung? >> aye. >> president lazarus? >> aye. >> commissioner -- vice-president honda? >> aye. >> commissioner wilson? >> aye. >> thank you. the vote is 5-0. this permit is revoked. the revocation upheld on that basis. thank you. >> thank you. >> the next item is appeal number item 35, appeal number 15-028, robert keith mcburnett and linda pfiffner versus the department of public works bureau of urban forestry the property is 3420 fulton street appealing the denial on february 11, 2015 of a tree removal permit denial or request to remove one privately maintained street tree. and we will begin with the appellants who will have 7 minutes to present their case. >> i'm lind ka pfiffner thank you for hearing our rebuttal we received pbw's response and we'd like to point out some of the limitations and their argument and i'll be reading from this brief. briefly, we are asking to replace a very large tree in the front of our mouse with a small or more suitable tree. on pages 1 to 2, dpw states the expansion of the basin will prevent the unnecessary repair of the sidewalk closest to the trunk in the faou khu this statement is misl

commissioner fung to uphold this permit on the basis it is code compliant. on that motion to uphold, president lazarus? >> aye. >> vice-president honda? >> aye. >> commissioner wilson? >> aye. >> commissioner swig? >> aye. . er thank you, the vote is 5-0, the permit is upheld on that basis. >> thank you. moving on to the next and last item, item 11, appeal number 15-054, augustine fallay versus zoning administrator, 3378 sacramento street, protesting the issuance on march 17, 2015 of a request for revocation asking that the department of building inspection revoke bpa number 2015/01/02/4850 because it was proved over the count ir in error by the planning department. mr. fallay? >> good evening, madam chairman good evening, members of the board, my name is gus fallay. this is dr. yen kalika, he's an orthodontist and wants to move his office to sacramento street. first you need to know who this guy is he's an american trained o*rt don'tfisting and has worked very hard, he's been revered by others in his field and obviously he has a lot of praise but it is not so much what his qualifications is that is the matter is what he does with it. i sent him my brief stories ab

lazarus? >> aye. >> vice-president honda? >> aye. >> commissioner wilson? >> aye. >> and commissioner swig is recused. the vote is 4-0. this permit is upheld with those revised plans. thank you. >> okay, thank you. >> next item is item number 9, appeal number 15-052, carl ernst versus department of building inspection with planning department approval the property is at 867 vermont street protesting the issuance march 19 2015 to justin raade of an al ration permit for the installation of alside prod di insul elated vinyl siding on the right side of the building and we'll start with the appellant, mr. ernst, you have 7 minutes to present your case. >> good evening, commissioners, i'm carl ernst, the rear yard is at a level that is a peak point an eye point of a radius of 700 feet in all directions. the pivotal issues of this appeal are whether the vinyl siding will prevent rainwater to leaking into 867. it would subject the south side units and the neighbors to the south of increasing rattling noise from high winds to the side. the answer is two-fold it will

lazarus? >> aye. >> vice-president honda? >> aye. >> commissioner wilson? >> aye. >> and commissioner swig? >> aye. >> the vote is 5-0, this permit denial is overruled, on that basis with those conditions. thank you. >> okay, thank you. so we'll move on then to the next item, item 6, appeal number 15-026, hanna habash, doing business as lucky 7 smoke shop versus the department of public health, the location is 1838 divisadero street and this is appealing the suspension on february 35, 2015 of a tobacco sales establishment permit, 20 day suspension for selling electronic cigarettes to minors. er >> good afternoon, commissioners, good morning, my name is derek st. pierre, i stand here with mr. habash, before i get into the specifics of this manner, a history of regulation of these cigarette ins san fra*bs these cigarettes are relatively new device which have been regulated by the state of california and the city and county of san francisco and the city and the responsive papers as exhibit a were kind enough to provide you with a copy of the 2014 mailer that went out on this actual subject mat

lazarus. she's joined tonight by vice president darryl honda. commissioner bobbie wilson. we are expecting commissioner frank fung to be here shortly. at the controls is the board legal assistant victor i'm cynthia. scott sanchez is here sitting at the table in the front row. he's the city zoning administrator and he's also representing the planning department and planning commission. we will be joined shortly by the building inspector. i am looking around the room. i'm not sure if they're here yet. representatives as well from the department of public health. if you would go over the meeting guidelines. >> the board request that you turn off all phone and pagers so they will not disturb the proceedings. the board rules of presentation are at followings. department representatives each has seven minutes to present their cases and three minutes for rebuttals. people affiliated with these parties must include their comments within the seven or three minute period. members of the public who are not affiliated with the party have up to three minutes each to address the board b

commissioner fong? >> aye. >> president lazarus?9= >> a's. >> wilson. >> aye. >> swig >> aye. >> the vote is 5-0.rmit is upheld on that basis. thank you. >> thank you. item six has been withdrawn so we will move7 to item seven which is appeal number 15-048. jamal taha versus the department of health. we will start with the appellant. >> my name is jamal taha. i been in business for 20 years. i get the tickets. that guy look old enough, he spend 14 bucks. [inaudible] any questions? >> are you finished? yes.p9 >> please come back sir. >> you stated in your brief that prior to this situation that the department of health had visit you regularly every year. >> they visited me every sixth months and plus four years. i didn't see none of them. last four years, i didn't see any of them. >> i noticed in your brief thath= the vendor or wholesaler that you purchased these e-cigarettes. they didn't explain to you that there will be necessary requirements. >> not until march of this year. >> thank you. >> we can hear from the department. >> we're hearing from the department first. >> we'll take public commen

commissioner fung to deny this hearing request. on that motion president lazarus. >> aye. >> honda. >> aye. >> wilson. >> aye. >> swig. >> aye. >> the vote is 5-0 this hearing request is denied and a decision shall be released. >> next item 11 to rehearing requests if you can leave the room quietly, that will be helpful to the board. the propertiesar at 7 and 9 nobles alley, receiving appeal numbers 15-029 and 15-030 and the board voted 5-0 to uphold the two permits on the basis of the faults alleged were not prison. start with mr. bruno. mr. bruno, you have six minutes. six minutes. >> because two permits, thank you, director goldstein, and thank you commissioners for hearing this case. i am mark bruno, the appellant, i live at 15 nobles alley next door to where the permits have been granted for work by director goldstein. there is two pieces of information under the board of appeals. it's two new pieces of information that i present right away. so you see what they are and discuss them briefly in the six minutes. here in you can show on the overhead, you see this notice of violation issued since the hearing on april 8. this is a n

commissioner fung to deny the rehearing request. onftr that motion to deny president lazarus. >> aye. vice president honda? >> aye. >> wilsone. >> swig, aye. >> thank you. the vote is 5-0. both rehearing request is denied. >> we will take a break. >> welcome back to the board of appeals. decided on april 8, 2015. at that time that board voted 4-one to overturn release7 suspension on basis -- this is a zoning administrator order requesting that the department of?e#z8ur&ding inspection release the suspension of¢::gh building permit application. comply with notice of violation and this is a permit for demolition of office wall on the first through fifth floors. we will start with the requester. mr.patterson. you have three minutes. >> thank you president lazarus and commissioners. this is a pretty straightforward rehearing request. i think that the written briefing speaks for itself. i had take a couple moments. that's all i'm allocated to respond some pointsojpcÑÑ i expect that the tenant's attorney will likely raise. this was a permitjlpáv to remove illegal residential use or floors one through five of this building. the mos

commissioner fung to uphold this zoning administrator order on the basis that they did not e r-r or abuse his discretion. on that motion to uphold, president lazarus? >> aye. >> vice-president honda? >> aye. >> commissioner wilson? >> aye. >> commissioner swig? >> aye. >> the vote is 5-0. >> president lazarus, there is no other business before the board tonight. >> we are adjourned. (meeting is adjourned).

lazarus. she's joined tonight by vice president darryl honda. commissioner bobbie wilson. we are expecting commissioner frank fung to be here shortly.

lazarus. she's joined tonight by vice president darryl honda. commissioner bobbie wilson. we are expecting commissioner frank fung to be here shortly. at the controls is the board legal assistant victor i'm cynthia. scott sanchez is here sitting at the table in the front row. he's the city zoning administrator and he's also representing the planning