the variance decision granted in november 2016 by the board of appeals was, quote, granted in general conformity with the plans on file. the current plans are not the plans referenced in that decision. immediately after the board of appeals made notice of decision on november 2016 regarding the appeal number 16047, the permit holder sent a new set of plans to the planning department attempting to capture additional interior space by expanding horizontally on the south corners of the second and third floors to the west and in violation of the notice of decision granted by the board of appeals. the appellants -- in stairway. this new plan was not submitted to the mcateers until march 8, 2017. at that point, the planning department who was overseeing this project was contacted and told that the plan was unacceptable regarding the new stair case required fire wall for new stair case and the new massing of the building on the south side. after a plan review with the zoning administrator, miss kirby e-mailed march 27th, 2016, quote, reviewed plans with the zoning administrator last week and

that position has been substantiated by the abc appeals board. >> sorry to interrupt. it has also not been -- been substantiated by the abc, it has been substantiated by this commission. commissioner tan was part of that board, and it showed all the inaccuracies of these reports. to where commissioner joseph even mentioned about how

the coming weeks. thanks. >> item eight, the board of supervise source and board of appeals. there was no historic preservation commission hearing yesterday. >> commissioners, aaron starr, manager of legislative affairs. happy new year. at the land use this week t committee heard two commission sponsored ordinances. the first amendss the planning dozed revise the definition of gross floor area by deleting references to accessory buildings, exempting required car share spaces, removing redundant off street parking provision and modifying provisions regarding accessory and nonaccessory parking. the second ordinance amends the planning code to correct errors. this commission heard both ordinances on september 7 of last year. and voted unanimously to approve. at the land use hearing there was no public comment and no comment from the supervise source. after staff finished the presentation, the committee voted to recommend the item to the full board. next on the agenda was an ordinance that would amend the c.t. controls. these amendments were part of the legislative items developed

of the 52 alleged violations, eventually, the appeals board of the abc found that 4.5 of the 52 were sustainable -- less than 10%. 8.5%. they recommended no punishment. found it was not a disorderly house, and there have been other proceedings, however, other proceedings are pending. i believe it's fair to say that one of the, perhaps the most important and most significant impact before this commission was the fact that there were some 52 allegations. let me backtrack. one of the things that captain lozar did is he stationed a manned police car either directly in front of the club or directly across the street from the club. one of the consequences of that is whether there was any activity, fights, disorderly conduct, anywhere on that block, the very busy 400 block of broadway, the complaint to cad was attributed to this club. i believe that was an important factor, and the findings of the administrative law judge and the abc appeals board rejected almost all of those complaints. excuse me one second. as a result in june, and then, effective in july, this commission limited live mus

this is the december 13, 2017, meeting of the san franl board of appeals. presiding officer at the moment will be our vice president, frank fung. we're expecting board president darryl honda to join us shortly. we're joined by ann lazarus, bobby wilson and rick swig. deputy city attorney will provide the board with any advice this need. i'm cynthia goldstein. we have corey teague, assistant zoning administrator, who is here representing the planning department and commission. we should be joined shortly by senior building inspector joseph duffy. and perhaps somewhere in the room i'm not seeing is amanda higgins with san francisco public works. if not, she will be here momentarily, representing their bureau of street use and mapping. the board requests that you turn off our silence phones or electronic devices and carry on conversations in the hallway. rules of presentation are as followed. appellants, permit holders and respondents have 7 minutes to present and 3 minutes rebuttal. people affiliated with the parties must be in the 7- and 3-minute parties. pub

this is a regular meeting of the abatement appeals board. i would like to remind everyone to please turn off all electronic devices. the first item on the agenda is roll call. [roll call taken] we have a quorum. next item is item b, the oath. will all parties giving testimony before this board today please stand and raise your right hand? we need you to stand. thank you so much. we need you to stand. [oath is given] thank you, you may be seated. item c, approval of minutes. discussion and possible action to adopt the minutes for meeting held on november 15, 2017. is there a motion to approve the minutes? >> motion to approve. >> second. >> motion and a second. any public comment? ok. seeing none, all commissioners in favor? >> aye. >> opposed? ok, minutes are approved. item d, new appeals or abatement. case number 6839, 132 apollo street, owner of record and appellant, chow ko sang, and informational for the members here, the staff presents their case first and has seven minutes. then the appealant has seven minutes, and public comment for th

and the planning department was looking at 214 states. the board of appeals addressed a project of a piecemealing case. the problem was a front page story in "the chronicle." one of the reasons that i believe is happening is there is no penalty for engaging in serial permitting and piecemealing. and only in substantial fines for the work beyond the scope of permits. in this circumstance, we have work exceeding the scope of permits, serial permitting and piecemealing. the only way to prevent the problems and preserve this residence, mr. kauffman's home, this beautiful home, is to stop them and to penalize them. you cannot enact stricter penalties today, but you can find a finding that this project has been illegally piecemealed and find that the ceqa exemption was issued in error and fold all the work into the review and suspend the permit. >> president breed: thank you for your comments. next speaker, please? >> good afternoon. i'm wayne garcia. i'm here as friend of the kauffman family, small business owner, 30-year resident of san francisco. and i think thi

that position has been substantiated by the abc appeals board. >> sorry to interrupt. it has also not been -- been substantiated by the abc, it has been substantiated by this commission. commissioner tan was part of that board, and it showed all the inaccuracies of these reports. to where commissioner joseph even mentioned about how inaccurate these reports are, and it weighs hujly gely on someone's permit. >> okay. and it weighs on sound. since i've been on this commission, we were in cbd meetings with you. the neighbors wanted to work with you. they didn't file complaint against you because you said you would be working with them. i stopped going to those meetings, and you said you would work with these neighbors. >> if you see all those neighbors, they're not here. there's 30-plus neighbors in the same building that i'm in, and there's no complaints. >> that's what i'm going to ask. events, clubs unrelated to this club, two commissions have said, it's one complaint. we have one complainant here. it's mr. and mrs. diamond. the diamonds have -- and i don't know what th

the appeal. this concludes my presentation on the ceqa appeal. and laura ayello will discuss the cu appeal. >> good afternoon, members of the board. laura ayello, planning staff in the current planning division. i'm here to discuss the conditional use authorization. i will keep my comments very brief. as you know, you also need to review and decide whether or not to remove or amend the approval to allow the demolition of single-family home and replacement with a new structure containing three family-sized units. the existing building is not occupied. it's not historic. it's unremarkable in any way except it's one of the smallest homes on the block. the appellant believes that the project is out of scale, fails to maintain light to adjacent properties and creates significant, adverse shadow impacts that result in a loss of privacy to the neighboring buildings. in response, 40-foot-high residential buildings are permitted in this district, which is residential mixed. it's also permitted in more restrictive residential districts. and can be found throughout the project area, 4-story buildings, that is. the subject property is a key l

. >> good evening and welcome to the january 10th, 2018 meeting of the san francisco board of appeals. the presiding officer this evening is the board's president, darryl honda, and he is joined by our vice president frank fang, commissioner an lazarus, commissioner bobbie wilson, and commissioner rick swig. to my left is the city attorney and he'll provide the board with any needed legal advice tonight. at the controls is gary quintera, and i'm cynthia, the board's executive director. sitting at the table in front is scott sanchez. he's the zoning administrator, and he's also here representing the planning department and planning commission, and next to him at the table is senior building inspector joseph duffy, representing the department of building inspection. the board requests that you turn or off silence all phones and electronic devices so that they will not disturb the proceedings and that you carrie on conversations in the hallway. appellant, permit holder and department respondents are each given seven minutes to present their case and three minutes for rebuttal. people aff

the first level appeal is handled by h.s.s. and if we up hold the denial, our own denial then the member can request to appeal to the board at the second level appeal? >> all right. >> there shouldn't be a lot of communication putting people back to the access plus because a lot of members did not opt for this and they find this out and otherwise the board here is going to be inundated with appeals -- there was an appeal letter already here from a member who said it appears compulsory as i did not effect to make the change nor was it clear i would need to check the blue shield access so that the enrollment wasn't clear and i can't imagine how time-consuming it's going to be for staff and everyone if you would have to take these back to the board and i mean, if these are honest mistakes, and they're not gaming the system, i just don't think it should put a lot of extra work on anybody and it should just happen because, i had two other people that were automatically enrolled and each one of them, their husbands and children had ten different providers and i don't know how you can -- plus infusions and they were automatically put i

want to see it. >> thank you. >> thank you. >> we'll hear from the permit holders. >> welcome back. >> hi. president honda, board of appealscommissioners. my name is alfonso. the permit holders respectfully request that the board deny the rehearing request regarding the approved site permit issued for 259 avila for the following reasons, and these address the issues raised in the appellant's brief. the appellant claims that the planning department staff was negligent in their determination that no rental unit would be lost during the proposed remodelling project. we contend that the review performed by planning that the appellant described in his brief is consistent with the standard of due dill dense on all projects reviewed by the department and therefore no due diligence. the appellant claims that because a miss patricia kay rented a room at this property, that a second unit exists. she stated myself and my husband along with our son lived in the entire home with no in-law unit. the owners at 259 avila street contacted miss kay and spoke to her by phone. miss kay confirmed she rents the entire residence are no additiona

the appeal. there will be an opportunity for those who oppose the appeal later on in the meeting. >> hello, board of supervisors. i'm phillip kauffman. my house is in danger. you can read all the reports by lawrence carp, the architects and so forth. i've lived in this house for almost 30 years. i make films. many of my films are shot in san francisco, including "the right stuff," hemingway, and "invasion of the body snatchers." it's not easy, as you all know, convincing hollywood to bring films up here to be shot. and in bringing films up here, i've been able to break millions upon millions of dollars into this area, convincing hollywood that we have a great talent base and unions and so forth. when my wife, rose, became ill, we moved production into the house. actors have all over the world have visited. clive owen, and many actors, we've rehearsed films there. and we intend to make more films in this area and i just want to say one last thing. that when i made a film years ago called "invasion of the body snatchers," the challenge was to show that the best city in the world could resist the in

. >> welcome to the january 17th, 2018 meeting of the san francisco board of appeals. presiding officer this evening is board president darryl honda. he's joined tonight by our vice president frank fung, commissioner ann lazarus and bobbie wilson. rick swig will be absent. brad rusty is a deputy city attorney. he'll provide the board with any legal advice tonight. gary cantera is the board legal assistant. i'm cynthia goldsteen. we're also joined by represent from the city department. at the table in front is corey tee the assistant zoning administrator. he's also representing the planning department and plans commission.

. >> item 11, review of past evens of the board of supervisors. board of appeals. there was no historic preservation committee hearing yes. >> good afternoon. aaron starr, manager of legislative affairs for the planning domestic. this week land use committee heard hub street area. these would promote parking on what was already permitted. or will provide on-site affordable housing at 25% of the total number of units. these controls are in effect for 18 months. the committee recommended this item to the board as a committee report. federal election on the agenda was the second informational hearing on the center soma plan. the focus of this hearing was the plan's proposed community benefits package. during public comment, there were over two dozen speakers. public feedback was broad, but common themes included a desire to ensure that the community's benefit packages social programs and supports the cultural districts, te thans, schools and small businesses. a support for the environmental sustainability and park strategies in the plan. a is sire for more community co

this is a regular meeting of the abatement appeals board. like to remind everyone to please turn off all electronic devices. the first item on the agenda is roll call. [roll call taken] we have a quorum. next item is item b, the oath.