mr. pacheco?on that motion from commissioner hurtado to reschedule this matter, 13-175 to may 14. commissioner fung is recused. the vote is 3-0. this matter is rescheduled to may 14. >> thank you. lastly as item no. 10, appeal no. v 14 has been withdrawn and will not be heard this evening. we can move to item no. 1 for any matters none on the calendar. is there anyone wishing to speak under general comment? seeing none. item no. 2 is the election of officers. when this came up you asked it be continued until we have a full house and i wonder how you would like to proceed tonight? >> that would be my preference. unless there is objection from anyone else. i would like commissioner nwankwo -- whang to be here. >> i would prefer to vote. >> the last time it was on calendar and she knew she had to be out she said it would be fine to proceed. yeah. i got a text from her as well. >> shall we proceed then? great. so this is pursuant to article 2, section one of the boards rules and typically the board st

mr. pacheco, when you're ready. >> to recap it's from commissioner hwang and it's to deny this permit with the finding that the permit issuance was based on misrepresentation. >> commissioner fung. >> i. >> vice president hurtado. >> i. >> president lazarus. >> i. >> commissioner. >> i. >> with a vote of five to zero, this permit is denied revoked. honda. >> i. >> with a vote of five to zero, this permit is denied revoked. >> of a request for suspension, requesting that building permit application for tenant improvement of existing vacant retail space for new medical office and pharmacy be suspended. we'll start with the appellant. >> my name is dale, i'm the bay area regional director for aids health care. with me is zachary, the architect we've hired to oversee our project. we appeal the decision to suspend its bitting permit after it was approved by the building department. it is a organization that specializes in provoiding cutting edge medicine and advocacy for people living with hiv. we have provided care for over 25 years throughout the country and recently we sought a permit to rel

mr. pacheco, how do you feel about this motion, are you ready? city clerk: let's see here so the motion is from commissioner fung to uphold the permit, adopt the findings, with provisions as stated and with the two further conditions that the ground floor commercial space be permitted to neighborhood use by the san francisco planning code that the original entitlement as to density be maintained and with a 5th floor setback at the front and back of 10-12 feet depending on the final architectural plan. >> yes. >> okay. on that motion to uphold this permit -- >> did we forget the last piece. >> he said as indicated to the one mr. sanchez referred to. >> on that motion to uphold this permit with these revised find gsz and additional conditions. commissioner hwang is absent. vice-president hurtado, lazarus, commissioner honda. this permit is upheld with revised findings with additional conditions. >> thank you. a >>we are back to the february 26, 2014. item no. 8 is rescheduled. we are on item no. 9. item 9: 99 appeal no. 14-008 ty bash, appellanttss

mr. pacheco if you could call the roll. on the the motion to adopt the march commissioner honda. a: i. >> thank you. the vote is four to zero, those minutes are adopted. >> item number for is a jurisdiction request. the board received a letter from christopher delainy asking that the board take jurisdiction over a tree removal permit which was issued on january 14, 2014. the appeal period ended on january 29, 2014 and the jurisdiction request was filed at the board office on march 3, 2014. the permit holder is richard price and the project is approval to remove six existing trees and plant nine new trees. we will start with the requestors. who would like to speak on behalf of the requesters, you have three minutes. >> i need to make a disclosure, commissioners, that quite a few years ago miss delaney was hired by /phao*eugs for a project in emeryville. >> and i thank you. >> i'm here, christopher delaney -- i own the building at 600 illinois. the reason that we are here is we are asking for the board to take jurisdiction of the permits. we did miss the deadline due to improper po

mr. pacheco, is there closed captioning possible. >> wait a second. i don't know if they are getting it on or not. steve, the architect for the project. i might want to limit my comments to two architectural issues and how they relate to this condition to limit their envelope and therefore reduce the size of the building. i'm not a lawyer but in my reading of all the briefs and the arguments brought forward, it's clear to me that there are very many unsettled issues a lot of them do relate to design. there is question of whether the height is a density control or not. the planning code says there is a density control for height and the argument for reducing the control. the question of whether the retail and commercial space on the ground floor does make the building comply with the statute would have to be settled in the court's because the local jurisdiction has a different jurisdiction than the mixed use than the state. whether it complies to code prior to your condition or after is also open to debate. whether the project becomes unfeasible after

mr. pacheco, when you're ready. >> to recap it's from commissioner hwang and it's to deny this permit with the finding that the permit issuance was

mr. match match. pacheco. >> on that motion from the vice president to up hold this permit on the basis it was properly issued, commissioner fung. >> i. >> commissioner hwang. >> i. >> president lazarus. >> i. >> honda. >> i. >> the vote is five to zero, the vote is upheld on that basis. thank you. >> item number nine was withdrawn so we'll now call item number 10, appeal 14-020, sunny moon versus the building of inspection. protesting the issuance on january 23 to j and l development of an alteration permit. >> my name is sunny moon. i'm a little nervous. >> relax, take a break. >> i have a little bit of an anxiety issue. sorry. i have -- okay, i live on bruno hill and my house is located behind 47 prospect avenue and last year, march 2013 there was some major reworking and regrading of the rear yard at 47 prospect. >> could you speak up more? a little bit closer. take a deep breath. >> there was some major reworking and regrading of the yard on 47 prospect where large quantities of dirt were moved 3 feet do