mr. hurtado, with all due respect, you asked if they had a chance to litigate it, wasn't that what we were doing two weeks ago, they could have brought this in, they spent four years on this project and they never found the subdivision map, it was one of the first things we found and we don't know what we're doing, they had plenty of time to find this. the subdivision map was passed by the board of supervisors, they have not amended it, the vista san francisco association, the home enear's association has not amended the protective covenants that supports the board of supervisor's position, they had their bite of the apple, how many chances do you get. they could have been here with their guns loaded last time and they have given no reason why they should be given a second chance, the map is clear, the board of supervisors passed it, that's the law, that's how it goes. thank you. >> next speaker? any other speakers? >> good evening, madam president and members of the board, i am don beer min, the building owner at 74 crestline drive which is next door to the crestline building, as an owner

mr. pacheco, if you could call the roll. >> on that motion from the president to reschedule item 7, appeal 13.067 to october 9, commissioner fung? >> aye. >> commissioner hurtado? >> aye. >> vice-president lazarus? >> aye. >> commissioner honda? >> aye *. >> the vote is 5-0, that matter is rescheduled to october 9th. >> thank you, we will then move to item number 1 which is public comment for anyone who would like to speak on a matter that is not on the agenda tonight. if anyone would like to speak under general public comment? seeing none, we'll maouf too item 2 which is commissioner comments and questions. seeing none, then we'll move on to item number 3 which is the possible adoption of the minutes for the board's meeting of july 31, 2013. >> okay, i'll move their adoption. >> is there any public comment on the minutes? seeing none, mr. pacheco, if you could call the roll, please. >> we have a motion from the president to adopt the july 31, 2013 minutes, on that motion, commissioner fung? >> aye. >> commissioner hurtado? >> aye. >> vice-president lazarus? >> aye. >> commissioner honda. >> thank you, the vote is 5-0, those minutes are adopted. >> thank you.

mr. sanchez as to what's the problem here, but he answered that question as articulated by commissioner hurtado, the problem is by granting in my view, if i were to agree and grant the appeal and the variance, we'd be legitimizing and legalizing a problematic parking space, and i too recognize the need and the desire to have parking and i get agitated when people park right in front of my house too when they know i have two small xhirn and i need to unload groceries too, so i actually don't think the neighborhood permit issue would address the problem if the neighbor is the one parking in front of your house all the time, but on the variance, it just doesn't seem, i'm disinclined to grant the appeal on the variance for the reasons -- that it wouldn't meet basic parking requirements for a normal parking space. you know, if you want to do the garage and think of alternative ways to do that, i think that might be a better bet. >> i do agree with my fellow commissioners, i'm very sefrp -- sympathetic, love parking, and as scott sanchez or the zoning administrator pointed out, the photographs which

mr. pacheco if you can call the roll please. >> on that motion from the president to adopt the august 14, 2013, minutes, commissioner fung, aye, commissioner hurtado, aye, lazarus, aye, honda. thank you. those minutes are adopted. >> item no. 4 a. the subject property. item 4a: jurisdiction request: subject property at 1980 golden gate avenue. letter from raquel fox, attorney for john tynan, kurt mueller & jason thrupp, requestors, asking that the board take jurisdiction over bpa no. 2012/10/29/2977, which was issued on april 18, 2013; the appeal period ended on may 03, 2013 and the jurisdiction request was filed at the board office on aug. 05, 2013. permit holder: urban green investments llc. project: repair wood frame in basement; replace retaining wall in basement; rebuild one bay windoww>> item no. 4 a. the subject property. sf 41234 we will start with the requester. you have 3 minutes. >> thank you. good evening board members, president. there is probably not enough time in a whole day to discuss all the issues so i will focus on the reason we are here. we are here because we are seeking permission to file an appeal even though this permit is

mr. pacheco? >> we have a motion from the vice-president to deny this jurisdiction request, on that motion, commissioner fung? >> aye. >> president hwang? >> hao*i. >> commissioner hurtado? >> aye. >> and commissioner honda? >> aye. >> the vote is 5-0, jurisdiction is denied and ?o appeal may be filed on this administrator order, thank you. >> we'll mover on to item 5b which is another jurisdiction request, the subject property is at 3166-16th street, the board received a letter from valencia corridor mer chants association requestor asking that the board take jurisdiction over a zoning administrator letter of determination issued on september 6, 2012. the appeal period ended on september 212013 and the jurisdiction request was filed on july 29, 2013. determination holder is jack spade, za order is regarding whether the fashion retail business known as jack spade would be classified as a formula retail establishment under the planning code. we will start with the requestor. you have three minutes, thank you. >> madam president and honorable board members of the board, my name is jefferson mccar ly, i'm the p*pt of is valencia corridor merchant's association, we're seeki

mr. pa chen koe, if you could call the roll, please. >> we have a motion from the vice-president to deny this jurisdiction request, on that motion, commissioner fung? >> aye. >> president hwang? >> aye. >> commissioner hurtado? >> aye. >> commissioner honda? >> aye. >> the vote is 5-0, jurisdiction is denied and no appeal may be filed on this letter of determination. >> okay, we're going to take a short break. (meeting is in recess).

mr. pa chen koe, if you could call the roll, please. >> we have a motion from the vice-president to deny this jurisdiction request, on that motion, commissioner fung? >> aye. >> president hwang? >> aye. >> commissioner hurtado? >> aye. >> commissioner honda? >> aye. >> the vote is 5-0, jurisdiction is denied and no appeal may be filed on this letter of determination. >> okay, we're going to take a >> welcome back to the august 134, 2013 meeting of the san francisco board of appeal, we are calling item 5c which is a rehearing request, the subject property is at 730 crestline drive, the board received a alerted from kenda macintosh requesting rehearing for appeal number number 13 f 062 t.p.e.n.a. versus dbi, pda, decided july 17, 2013. at that time, the board voted 4-1 commissioner fung dissented, to grant the appeal and overturn the permit on the following preserve and protect the character and stability of the vista francisco development and it will not be an orderly and beneficial in-fill project in the vista francisco development, 2, the project if approved will result in an inappropriate precedent or expectation for similar in-fill projts elsewhere in the vista francisco development and 3, the board's au