mr. kwaung? >> good evening, commissioners john kwaung from department of public works. i want to apologize to the board we did bmit a brief. we were a little perplexed of the intent of the appeal not having both sides. we haveunderstanding of what's going on. the department of public works did issue an encroachment for the driveway. we reviewed upon the technical requirements as it relates to what is being proposed. this permit is tied to an ex permit no. 201103252839 and that we placed conditionally as a permit. in some ways, while this is independent this is also related to the building permit so it is in some ways attached. my understanding there are now questions from the building permit by colleagues at planning regarding validity or issuance related to that permit and given there are permits tied to it, depending on the outcome of the issuance of the building permit would result in either, would make the results of approval potentially moot. if it was cause this was a condition of the permit. it changes the conditions for us. >> but that permit is not before us? >

mr. kwaung? >> commissioners, john kwaung from dposhgsepartment of public works. this was triggered because someone has applied for this location. mr. castillo has been given a year 1/2 to apply for this location and we should move forward to let someone have that opportunity. >> there is no permit yet? >> there is no permit yet going forward. >> how would you have in the record that you would allude to having that conversation? >> since we moved to our new office we have a computer electronic sign in list so when people come in they sign in electronically and we verify that data and right now i don't have any information to support that mr. castillo was in our office. >> thank you. >> commissioners, the matter is yours. >> okay. well, there is no permit here. i don't think we have jurisdiction of this. it's a permit application in process. so my vote would be that we don't have jurisdiction to do anything at this point. it's an administrative, the dpw has administrative discretion to deem it abandoned. that's my position on it. >> what you are saying is we shouldn

mr. kwaung, rebuttal? >> good evening commissioners, john kwaung department of public works. it appears on the face that the permit issued by the department of public works is very simple and straight forward permit for a minor encroachment for a ramp that leads to a future garage in the property. however from the discussion here there is issues related to a variety of issues that is tied directly to a building permit which our encroachment permit was tied to and that's where the conundrum and difficulty lies. i would hope that my colleagues at both planning and building will be able to resolve this amicably among all parties bought ultimately the permit we issued currently assess -- satisfies all the merits of the department of public works code. if it needs to be adjusted if that is the case, the department may need to review that encroachment to make sure it continues to satisfy our requirements. currently we believe it is correctly issued based upon the information we currently have. thank you. >> mr. sanchez, anything further? >> scott sanchez, planning department. again

mr. duffy and bureau of urban forestry and department of public works and john kwaung the manager of street use and mapping. mr. pacheco, at this time if you would please go over the meeting guidelines and conduct the swearing in process. >> the clerk: the board request that you turn off all phones and pagers so they do not disrupt the proceedings. please carry on conversation in the hall ways. appellant and permit holders have 7 minutes to present their cases and 3 minutes for rebuttals. people affiliated must include their comments within the 7-minute period. members who are not affiliated with the parties have up to 3 minutes to address the board, but no rebuttals. to assist the board in preparation of the minutes, members who wish to speak are asked, but not required to submit a speaker card when you come up to the podium. speaker cards and pens are available on the left side of the podium. the board also welcomes your comments and suggestions. if you have questions about requesting a rehearing board rules or hearing schedules, please speak to board staff after the break or call the boa

mr. duffy and bureau of urban forestry and department of public works and john kwaung the manager of street use and mapping. mr. pacheco, at this time if you would please go over the meeting guidelines and conduct the swearing in process. >> the clerk: the board request that you turn off all phones and pagers so they do not disrupt the proceedings. please carry on conversation in the hall ways. appellant and permit holders have 7 minutes to present their cases and 3 minutes for