mr. sanchez? >> thank you. scott sanchez. i don't have anything further to add but in response to vice-president hurtado, the discretionary review was filed in november of last year about a month before the complaint was filed. >> who filed the complaint on the nov, do we know? was it the appellant? >> i believe it was anonymous in the system. >> the document i have said it was anonymous. >> okay. commissioners, the matter is yours. >> i guess i will start. although i'm not promoting retaliation for a dr, i do believe that the za has made a case that no matter when you did the windows, if they were done without a permit and you now get in expected they need to come to today's standards. understanding also that it could be hardship to go to a clad wood clad or clad window, i would be willing to extend something similar that was offered to the stockton street property. >> i'm not sure. can you elaborate? >> what my feeling is that the the permit was issued in error but i would give time extension on the correction that needs to

mr. sanchez, do you have anything else? >> so then the commissioner fung and to repeat it's to overrule the da order in part or reinstating the permit as to the scope for construction of the medical office with the finding that the za ere errored. >> they were inappropriately included in the calculations. >> inaccurately, inappropriately? >> inaccurately. inaccurately included in the pharmacy's calculation's. >> in the medical office calculations. >> on that motion overrule in part and to reinstate with that finding, commissioner hwang. >> i. >> vice president hurtado. >> i. >> president lazarus. >> i. >> commissioner honda. >> i. >> the vote is five to zero, the zoning administrator is overruled in part, thank you. >> no further business. president lazarus, meeting is adjourned.

mr. sanchez would know how i would guess. he's known me too many years. >> i'm wondering if that's feasible as a fast forward, even if partial fast forward /aeu /pel /hrapbtd, appellant. is it? for us to start building out the clinic and hold off on the cu process for the pharmacy. >> i mean, given the space and layout. >> i'm not sure if you

mr. sanchez? >> thank you. scott sanchez. i believe at the previous hearing one at the mark proposed a language section h instruction that the affidavit should be signed prior to a purchase or lease and i was wondering if the board was considering that language change to ensure the affidavit for anyone who moves into the building would be done prior to them buying or leasing? >> i would support that. >> i would support that as well. >> there is two places where that comes in section 8 and notice of special restrictions. >> thank you for reminding us of that. >> thank you mr. sanchez. >> i would accept that amendment. >> 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

mr. sanchez, anything? >> thank you, scott sanchez again. we deeply regret making the mistake and it's the last thing i want to do is have to suspend a permit that someone sought in good faith. i'd much rather suspend a permit that someone lied about. again, there's no indication that there was any doubt there in this case. it was simply anner report that our staff made that's been recognized now and it was in response to a complaint that we suspended the permit and, you know, i would commit to doing our best to expedite the application that's already been filed through the conditional use process at the planning commission. the planner who's handling that is relatively new, may not have a completely full workload yet so i can work with her supervisor and director to ensure we get this processed as timely as possible. >> how long of a process are we talking about here? >> i mean, i think once the -- you know, assuming the board makes a decision tonight to up hold the suspension, then we'd ask for additional materials related to the cu author

mr. sanchez. >> thank you. so the subject building permit application, which the project scope is pretty clear to place an older retaining wall. clearly that's not what's accurate or an accurate description of the work that's been done, but given the scope that's been presented to staff we did not review it because a replacement of an existing so we did review that it was not applicable. what has been done does not comply with the planning code and would require a variance. the deck would be higher than what would be allowed as permitted in a rear yard. they would be allowed to deck up to 36 inches above grade given that grading on rations have occurred here without proper permitting is difficult to evaluate what the previous grade was. unfortunately we don't have a really good catalog or resource of historic photographics that would allow us to do that. the google photos are /raeplly not of sufficient resolution, but also the angle in order to determine that. the best case scenario if there are no historic pho

mr. sanchez would know how i would guess. he's known me too many years. >> i'm wondering if that's feasible as a fast forward, even if partial fast forward /aeu /pel /hrapbtd, appellant. is it? for us to start building out the clinic and hold off on the cu process for the pharmacy. >> i mean, given the space and layout. >> i'm not sure if you saw the plans, the pharmacy /porbgs portion is in front of the -- so it would make -- i'm not sure we could operate the clinic before we have the pharmacy. >> but you could keep working on it? >> correct, reengage our contract. >> the problem is that sort of the organizational business plan is to have that funding -- the pharmacy funding the clinical work -- >> right, you know, i'm sorry, i didn't mean to interrupt. >> that's okay. >> the pharmacy we have on not even half a block away from the new space so we could service clients out of that pharmacy and see them for healthcare around the corner. >> could put a temporary wall along the counter line to provide your access to the clinic.

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mr. sanchez said the variance is not about height it's a compliant building on a lot which don't in the inn the way the building sits on the side creates any boobldz that are not there and it pretty much replicates. i believe that reducing the closet as an architecture element that pops out and creates more vertical massing is a great idea but don't believe that tinkering with the house is compact for large rooms i don't think there's a lot of fluff in there. does the downstairs have a deny yeah, you need some room other than the living room and kitchen so there is is tv room in some homes this one is relatively compassionate and tight and doesn't leave room for interpretation. i'm trying to verbalize that the disagreement between the neighbors and many of them and the applicant is not a typical. it's usual for the code. we see reaction in all neighborhoods and sometimes, it plays out arbitrate more where people accuse each other of bad things. there is is disagreement about height but since the building is tucked in a way i don't have a sense this building is trying to be ostentatious. it'

mr. sanchez anything no. mr. white there's no rebuttal >> i'm available for questions. >> we have to hear from the departments thank you. mr. duffey? mr. tom. thank you. >> good evening commissioner. my name is hanson tom i'm the principle engineer with the department of building inspection. i want to add a little bit on the september 30th letter. when i went back to talk to my colleague of whether or not the letter is given to mr. white my colleague informed me what he received us saw the calculation of the requests. so he given all the calculations to mr. strong and mr. strong gave it to mr. white the calculation. there's no request of the letter so, and, secondly, i want to make sure that if you read the september letter it is just a letter proving that the design criteria is sound and the building can be continued the design and carry on through the permit process. so nothing is really hidden from the september 30th letter saying the building is not safe. so the letter you see certified and the review process

mr. sanchez said earlier that people are inlikely to get a rear yard encroachment to turn that into a storage unit it has to be the building envelope that you can build within say january 1st, 2014, that means if today, i get a variance and build two feet into the rear yard then sell it to someone 10 years later and then 25 years down the road you still can't use that space for in law unit that's extreme. i'm open to discussing that having some kind of item relay situation where if you add into the rear yard you can't billion a in law unit there for a few years but a permanent stance is not good policy >> thank you. yeah. i think that's a problem. i agree with supervisor and leave my motion as is. i appreciate with commissioner moore said but we've outlawed that by creating an additional to the envelope. we're going to have to take our chances what comes down in the future and some future time they want to put the unit into some kind of enclosure >> supervisor can you talk about it. >> no, i'm not permit to weigh in. >> given that we should encourage the staff to work with another supervisor.

mr. sanchez. >> thank you. i had the opportunity to review the plans the permit holder provided before the hearing and don't see any code compliance issues with the proposal. the deck is code compliant. there's no requirement for adding more parking, even if you were to add one more unit in this district, you would not need to provide one more parking space so we don't have any experience with the existing parking situation. seems that most of the issues are not related directly to the work that ease in the permit, but more of a private matter about how that curb is used because my understanding is mta will ticket if someone is blocking the driveway. so if that's the concern, that can be addressed through the mta process. also some of the problem may be attributed to the appellant's to the left of the property. the fact that they're curb cut -- that's the curb cut with the red tip on it. if i could have the overhead. this is one of the appellate's properties. their driveway does not enter on their garage door s

mr. sanchez was called away and he'll be taking this under advertisement and if you have any questions contact the staff. >> formerly close the public hearing on the variance as well. thank you >> if we can move on to items 12 a and b for the 1074 sanchez street i want to note after hearing the matter was continued to february 6th by the vote of 6 to zero and commissioner fung was absent in order for you to participate you have to say you've received the hearing. >> i'm prepared to vote. i also want to say the new representation from the planning department is to take dr and disapprove. good afternoon >> good afternoon casey department staff. the item is a proposal to merge three dwelling units into 2 marry the proposal was original heard on december 12, 2013, at which time it was continued and requested the project sponsor provide a alternative plan. the size of the retained unit increased the size of the newly emerged unit. subsequentially changes to the planning code took effect requiring the staff and project sponsor to further analysis the merger criteria and b.c. being a continuance. whi

mr. sanchez? >> thank you, good evening and congratulations president lazarus and vice-president hurtado in your elevation of positions this evening. i look forward to working with you and definitely thank president hwang. this has been before the historic preservation commission and planning commission and board of supervisors and planning department has found the project to be code compliant as well as consistent with the general plan and the mission area plan. and with that i'm available to answer any questions. if you would like to have further discussion about the density controls and i would agree with the architect that the variety of issues that affected in this case the height, the open space, exposure is another requirement, the rear yard, there is also a limitation on the ground floor uses in the valencia entity you can only have retail commercial on the ground floor facing valencia so you couldn't have retail uses on the planning code and that is resulting in the buildable envelope. >>

mr. sanchez. >> thank you. i had the opportunity to review the plans the permit holder provided before the hearing and don't se

mr. markey and ms. sanchez? i will take your answer off the phone. st: as i was saying, he gave money to the democratic senatorial campaign committee on the day that mr. markey won the nomination. he has given money to mr. booker. he has given money to some republicans. he has not given money directly to mr. markey or to ms. sanchez. his sister did make a donation, a small donation, to mr. markey. but besides that, there is not a ton of donations that he has made. host: a viewer wants to know -- why doesn't the hedge fund manager's activity violate fcc rules against market manipulation? guest: a question -- harvey pitt has great questions about market minimization -- manipulation. it is a complicated matter that includes having to so -- show that the person was trying to manipulate the market knowingly and willingly did that. that would be a difficult thing to show, experts say. host: who are the regulators that are overseeing herbalife and those types of companies? guest: the sec would regulate it as a publicly held company and the ftc would regulate

mr. chairman and members of the committee congresswoman sanchez. it truly is an honor for me to be here this morning and thank you mr. chairman for your kind opening. like you said this is kind of like coming home for me and i will admit that i had more experience sitting in the chairs in the back of this room than sitting on the chairs on the side of the table but it's great to be back here and particularly apropos as a graduate of the military personnel compensation subcommittee to have this be my first posture hearing. general welsh and i do have prepared remarks which i would ask the submitted for the record and we will just summarize with your concurrence. i also want to take a moment. >> without objection, your written statements will be totally injured in the record. >> thank you. i would also just like to take a moment to say that a lot of people who are mourning right now at the pentagon mr. chairman due to your announcement that he will be retiring from the congress, so i just want to say i don't think it's too late to reverse that decisio

sanchez. >> thank you, mr. chairman.tary and to the general, and is a pleasure to anti before us today. general, i often use your own speech. grateful to have you here. i will be submitting opening statements for the record. >> without objection, so ordered >> before i -- before we have the witnesses give their testimony, i just want to let you know that i am looking for two areas today. the first i continue to be extremely concerned with respect to the and personnel within the icbm nuclear cases of misconduct , low morale, missile cheating and task, and commanders of conducting themselves in a man that lives up to the standard of the air force. this committee will agree. i would like to hear what you're doing with respect to that. and the second -- i have been to vote -- closely monitoring the lack of competition in the air force space launch program. unfortunately had just learned that the air force has made a decision to continue this trend by reducing the competitive opportunity by 50%. i think that is a very unfortu

sanchez? >> thank you mr. chairman and added to the secretary and the general it is a pleasure to have you before us today. general, i often use the speech at usaf to my leadership classes back home so grateful to have you here today. i will be submitting the ranking member staff rangin's testimony. before i -- before we have the witnesses give their testimony, i just want to let you know that i am looking for in particular to areas of discussion. the first, i continue to be extremely concerned with respect to the leadership and personnel within the icbm no clear cases of misconduct, low morale, cheating on a test, not conducting themselves in a manner that air force, and i think this committee would agree with me that this is totally unacceptable and that this issue needs to be addressed so i would like to hear you say what you are doing with respect to that. and second, i have been closely monitoring the lack of competition in the air force space launch programs. and unfortunately, i just learned that the ai

sanchez. >> thank you, mr. chairman. it is a pleasure to have you before us today.use your speech at to my leadership classes back home. grateful to have you here today. i will be submitting raking member smith's opening statement for the record. >> without before we so ordered. have the witnesses give their testimony, i just want to let you know that i am looking for two areas today of discussion. the first, i continue to be extremely concerned with respect to the leadership and personnel within the icbm nuclear case of misconduct or morale. cheating on tests, air commanders not conducting himself in a manner that lives up to the air force. i believe they will agree with me that this is totally unacceptable. i like to hear what you're doing with respect to them. and i have been closely monitoring the lack of competition in the air force's base launch program and i just learned in the last day that the air force has made the decision to continue this trend by reducing the competitive opportunities by 50%. a veryve that is unfortunate outcome because i believe that c