mr. pacheco call the roll please. we have a motion to adapt the september 17, 2014, on that motion to adapt commissioner fung vice president is absent commissioner president lazarus and commissioner wilson those minutes are adapted. >> so with item had 4 dismissed item 5 doing business as as 711 the property on drum street it is appealing the suspicion of a tobacco sales permits 25 dies superstition for selling to minors start with the appellant or the appellants attorney you have 7 minutes to present our case. >> good afternoon the honorable board i would like to start with there are two components to our appeal i'm sorry julia james jan law group i represent the appellant and i'll take on the respond the department of public health opposition and other issues i've raised the two issues looked like i i'd like to start with the second that is the matter of the san francisco police department using a decoy under the age of 17 years of age the department of public health did not sdrau disagree that the actions taken not

mr. pacheco call roll please. we have a motion from the vice president to adapt the september 10, 2014, minutes on that motion. >> commissioner fung president is absent commissioner honda. >> thank you the vote is 3 to zero the minutes are adapted. >> okay. thank you. we're going to call item 4 i want to ask the interpreter to start interpreting that is appeal next youngest boozing vs. the public health department on judy district attorney street for the suspicion of a tobacco sales permit 15 day superstition from selling tobacco to minority you have 14 anybody's to present your case given the interpretation. >> (speaking foreign language.) >> your honor and commissioners when i sell a pack of cigarettes the margin the profit is about one dollar and as i might see i have already checked with the decoy why would i break the law i would be out and not fortunate enough to please look at the matter more closely and my pleading. >> are you finished? is he finished okay. i have a question pardon >> okay sorry are you fi

mr. pacheco a. >> on motion to deny the reading esquires requests commissioner president lazarus 1k3408d and commissioners wilson the jurisdiction is denied and no appeal shall be filed. >> one more item we'll take the item before breaking and entering a rehearing request on 284 union street they received a letter from the appellants in questioning go the hearing decided on september 10, 2014, at this point, a vote had to zero with one vacancy to uphold it was vested by all replacement city departments to replace existing roof decking and to ply with a complaint number and i understand that our new commissioner wilson has reviewed the video and file of the previous hearing so your praeptd to participate; is that correct? >> yes. >> okay excellent so you have 3 minutes. >> good evening. i'm john first appellants have preempted new and material information by a professional survey that conforms the excessive building height and the respondents east building wall impostures over the appellants property by 3 inches this is the par put the planning department has never vested the issue this i

mr. pacheco. >> we have a motion from commissioner fong to uphold the denial on the basis the tree is healthy and on that motion on that basis commissioner hurtado president is absent, commissioner honda. >> thank you the vote is 3 to zero this september 17, 2014, is upheld on that basis. >> thank you next item item 67 is a jurisdiction request for the subject property the board received a letter taking jurisdiction over the jurisdiction permit which waltz issued by the department of public works on april 2014 the appeal period end and this request was filed on june the permit holder is bell engineering to install a new cabinet it was held as a public meeting and this was upheld to participate in the vote commissioner hurtado i said your h you've received those materials. >> yes. and prepared to vote. >> so the board can move into dligsdz at the las

mr. pacheco if mr. charles comes in to reschedule then we'll reschedule that next is the department of public works vs. the property on 699 protesting the issuance for the pacific bell of the excavation permit installing the permit for the application it is on for hearing tonight we'll start with the appellant. >> okay ms. fee would like to pass forward an identical set of photos. >> sure can we make sure we get the photos from the permit holder i don't know if there's a copy for the department as well we can take a look and pass them here's another set. >> i can share this. >> good evening madam president, vice president commissioner fung and commissioner honda my name is viola yee my property is located on the southeast corner of package and stereotyping streets i have been burdened with a disproportion share of graffiti and vandalism activities for more than 25 years my name is my property has been cited by the street management because of them the department of public works anti graffiti unit is awa

mr. pacheco but please wait until commissioner fung returns to start your comments thank y to but please wait until commissioner fung returns to start your comments thank t to but please wait until commissioner fung returns to start your comments thank you. >> okay. ready to start? per go ahead. >> good evening. i'm corey bash to read a letter. >> sorry you are a relative i believe of the permit holder. >> your time will speak under the time allocated to the permit holder. >> thank you >> next speaker. >> is there anyone else that wants to speak i thought there was a lot of people a moment ago i asked for that, yes. >> good evening. i'm howard emancipation proclamation seen a property owner if the coal valley area over 20 years in the material you've been given everything about this project is code xrient and underground scrutiny i stand here shaking my head in disbelief all the departments are thoroughly reviewed and approved those plans the dollars to skyline a single-family home is now dragged on for an hour and a half i'm amazed by the appellants resident proposal to gut those house

mr. pacheco. >> we have a motion in the vice president to grant the appeal and overrule the dpw and deny this permit and with the finding this permit didn't to the ply with the new smf ordinance ordinance 76 dash 14 anything else on that motion to overly overrule commissioner fung the president is absent commissioner honda thank you vote is 3 to zero because of the boards vacancy only 3 votes are needed this permit is over ruled with those finding thank you. >> okay cynthia goldstein will it makes sense to take item 12 before the break. >> i'm not sure the parties are here is the appellant attorneys in the room sure. >> so what we will do to call whether or not a continuance is needed i'll call items 12 abc all of them filed by marie vs. the department of building inspection some with the department approval on filling burn street to zoning property, llc of an alteration priority to convert to a single-family home with new stairs and staircases and an alteration for the units and also a plumbing permit for a forced air furnace we can hear from the permit holders attorney they make a requ

mr. pacheco could you dark even it a little bit. >> okay in the demonstrating here is what's called a spectre analysis of the enjoys the gaga are at the right side and what this spike shows a total hum as a result of vibrations called by the ductwork and the assembly of fan and addict work on the adjacent building charley sullivan take care told me this is something that can be addressed not necessarily expensive but it is not the normal kind of airborne noise and not the normal way we address those issues let's see we've that sent this data this witness to the do i hear a motion to approve the minutes? and to roller-coaster tail we've been as transparent in dealing with that, in fact, we've attempted to settle that and proposed a settlement to contribute towards the remediation costs they've rejected that settle offer we've allowed them in to hear the sounds despite the fact they have no expertise and measuring capacity so, yes we were willing to have them listen to the sound and be as open and aboveboard as possible in dealing with them i'm sorry this brief is somewhat deceptive on how it r

mr. pacheco if you can try to address the flickering problem. >> so if you can read the that better. >> not open ear our screen. >> august 18th from the housing inspector grady states he got the records this present use of a single-family dwelling previous enterprise was incorrect that matches what i was saying rarpdz to the sift of completion on the overhead now and this was a certificate dated 1995 the second floor with the single-family dwelling over the first floor commercial the other issue this work was on a plumbing permit and i went back to dbi and spoke to other people there and i spoke to the chief plumbing inspector who was in agreement with me this type of work will require a building permit to show the removal of the stove or sink we'll want a building permit with that i'm available for questions. >> okay. thank you hear from the permit holder. >> good evening, members of the board i'm dave krou crow i'm the attorney for the appellant. >> no, from the permit holder next and sorry. >> good evening, commissioners sam for gary young the permit holder i don't have a lot to add othe

mr. pacheco block the box in one at a day two hours we gave out one hundred and 2 citations having that brought in known for the city. >> i want to to caution the candidates when it says the time is up to stop the third question goes to joe whitaker from the audience what are our plans to develop open space in district 6. >> the speculators have driven the prices up in district 6 looking forward to the zoning or the central selma plan that further takes care of the open space we have only one .7 acres residence we have to look at city owned lands for the speak up needs the port owns property on howard near the, etc. bark that is 6 hundred kids spend their times at the childcare it should be turned into a playground it would be a great playground that the community help to build at sue ma park the property vails have been splaktd to cost so much. >> ms. kim. >> my office you understand the open space is very important we work for the parks to relocate a financial - in the opening next month and it's exciting we're tangled having to have a million dollars for a playground and now working on our s