Transcripts For SFGTV Board Of Appeals 20240713 : vimarsana.

Representatives from the city departments with cases before the board this evening. We have the administrator planning the Planning Commission and joseph duffy, senior building inspector. The Board Meeting guidelines are follows. The boards turnoff and silence electronic devices. Appellants and Department Respondents have 7 minutes to present the case and 3 minutes for rebuttal. People affiliated must include the comments within this period. Members of the public not affiliated with the parties have three minutes each to address the board and no rebuttal. If you have questions about requesting a rehearing, please email the board staff at board of appeals at sfgovtv. This is broadcast live on sfgovtv cable channel 78 and will be rebroadcast on friday. It is available on the website and downloaded from sfgovtv. Org. We will swear in or affirm those who will testify. I will admit two people to the meeting. Please note any member of the public may speak without taking an oath pursuant to rights under the sunshine ordinance. If you intend to testify and wish to have the board give evidently weight raise your hand. We will do our best with this. Raise your right hand. Do you swear or affirm the testimony you are about to give will be the truth . Thank you. Please put your mic phones on mute. I want to make an announcement Public Comment will be taken by phone. If you want your phone number blocked dial star 67 prior to calling the number. I understand from sfgovtv this number is being broadcast live across the screen and also on the website. The appellant for the first case just arrived. Since there is a short lag time between the broadcast we will be going slowly. We want to ensure all members of the public can provide comment. We are going to first go to item 1. General Public Comment. This is an opportunity for anyone who would like to speak to the board but is not on the calendar tonight. Is there anybody member who wishes to speak to an item fought on tonights agenda . We will review the callers that are here. Star 9 to raise your hand. If you are a caller to speak on general Public Comment please press star 9 and we will see. We will give it 30 seconds. There is a delay. Star 9. Okay. I do not believe we have general Public Comment. We are going to move on to item 2. Commissioner comments and questions. Commissioners. Any comments or questions . Okay. We will move to item 3. Adoption of minutes. These are the minutes of the march 11, 2020 Board Meeting. Any additions or changes to the minutes . Just a motion to accept. Who made that motion . Rick swig. We have a motion. Is there any Public Comment on the motion to adopt the march 11 minutes . Okay, seeing none. We have a motion from commissioner swig to adopt the march 11 minutes. On that motion commissioner sab takecana. Aye. Vice president honda you are voting on adoption of the minutes. Aye. Commissioner tanner. Aye. That motion carries 50. The minutes are adopted. We are moving to item 4. This is appeel 20019. Carolyn gage versus department of building inspection. Appealing the issuance on february 13, 2020 of an alteration permit. Upgrade electrical repair dry rot 100 square feet at the back of the house. Permit 2020 02 13 4409. Ms. Gauge you are on the line . Yes, can you hear me. I did press 4 for Public Comment. In my address to the committee, thank you for allowing me to speak. I want to clarify you have seven minutes to speak. Public comment is for people not affiliated with you to speak on the matter. You have seven minutes. We are going to start the clock. We will give you a 30 second warning when your time is up. Please proceed. Thank you. Okay. I just want to address the subject with this going on and remodeling, dry rot i have no problem with removing dry rot or mold or any harmful inhabitants that may cause damage in the future of this dwelling. Okay. The main opposition that that d was to just leave space and restructure with contemporary and modern material, not giving sentiment to traditional and historic materials that were there inside of the kitchen. Or anyplace. Due to the corona and quarantine i am not really prepared with everything. Gentrification is happening. We know that it is real, and upgrading different kitchen, bathroom, bedroom, upgrading is okay, but if it is not broke, dont fix it because sentimental value, traditional value has been placed on these homes and in furnishing these homes. Like i said before, if it is due to dry rot or if it is due to some material that will cause mold or mildew, that will in the future cause a hazard risk to people in the household, of course, replace it. Other than that if it is not broke, dont fix it as far as remodeling and getting new marble and tile to refinish. I am having a bad connection. I am echoing. Can you turnoff your tv. Do you have a tv . I dont have a tv. It is not me. Maybe sfgovtv can mute their link to this meeting. The control room. I think someone had a tv on in the back watching it. I dont hear it any more. You can continue, ms. Gage. Okay. With that said, just, you know, the homes that were built there, they are older model homes, and i understand that some may need to upgrade, you know. Can you hear me . Yes, we can. Okay. It came on that i was muted. If it is not broke, dont fix it. If it is not going to cause a hazard or health condition, then dont replace it. That is my stand. Do you have anything further at this time . Not at this time. If i can be allowed to come back in. You have three minutes in rebuttal. Okay. Thank you. Thank you. We will now move on to the current holders attorney. You have seven minutes, sir. There is still an echo. Thank you very much. I would like to address the board. Very simply no legal grounds whatsoever for this appeal. This appellant is addressing her wishes to maintain the residence during the condition it was during her ownership. There is no grounds for this appeal. The permits were validly obtained. The only grounds given in the appellants brief were that she wanted to preserve the character of the neighborhood. The arguments she wants to maintain the property in the historic value on the state it is in and only allow emergency repairs of the harmful conditi condition. However, my client is the new owner of the property and is entitle to perform whatever modification are allowed by code. There is no grounds for the appellant to maintain the property in the shape she would like it to be as long as it was validly obtained. I would like to address the fact that all of the repairs are necessary to prevent further deterioration of the property. The dry rot in the back of the home is absolutely necessary. The kitchen work has exposed electrical components. Pictures of the damage to the kitchen. All of the items were obtained. They address the harmful conditions that lead to further deterioration of the property and potential injury to the occupants. Finally, there is no plan to say the appellant has taken this matter as a personal vendetta. It is extra legal means going so far as to threaten the current owners and workers. And later to file this appeal which has no grounds. That is all. We rest. Okay. Thank you. We will now hear from the department representative. Mr. Sanchez do you have anything to add for this appeal . I dont have anything to add. We did not review this permit nor were we required to under policies and procedures. We do not have anything to add. Thank you. We will go to mr. Joe duffy from department of public inspection. Please go ahead, mr. Duffy. Good evening. Joe duffy. The Building Permit the electrical and repair dry rot at the back of the house was made over the permit. It was filed on the 13th of february and issued the same day. The appeal was on the 19th of february. It was properly issued. It is a fairly typical Kitchen Remodel dry rot that we have seen a lot of in San Francisco. I dont have any issues. There was another permit after this one for some work at the exterior yard window and door opening and partition walls. That permit on the 16th of march, 2020 has not been appealed. I want to give you that information. There are no issues. We did get a complaint on the 26th of march. Someone complaining about hammering. That case was closed. That is it. We will move to Public Comment. I will wait 30 seconds. I understand there is a delay. I will set the timer for 30 seconds. This is Public Comment. If you are listening for appeal 20019. If you called in and would like to speak press star nine so we can identify you. We are going to give it 30 seconds. Once again we are on Public Comment portion for item 4, appeal number 20019 at 1335quesada avenue. Anyone nor Public Comment on this item . 15 more seconds. Okay. I do not see any callers. Ms. Gage, we are moving to the Public Comment portion. Can you hear me . I am sorry rebuttal. Ms. Gage. You have three minutes to present a rebuttal. Can you hear me . She might have gotten off the call. Can we try to call her. Maybe she is calling back right now. Can you hear me now . Yes, i can hear you. I am sorry. I dont know what happened. I could hear you but you couldnt hear me. I can hear you. With all due respect, i dont know this person. I dont know him. Yes, i am the owner. I was bamboozled out of my property and i know you have nothing to do with that. I am in a court battle and i am going to court, but i dont know this person. I have never met him. 29th street i had a contract with them and i know you have nothing to do with this, commissioner. Like i said, through the gentrification process and everything going on within the community, this has happened to me. I will continue to fight mr. What is his name . I dont know him. I have never set eyes on this man before, you know. Yes, there were problems in the home that needed to be attended to. The dry rot. That was my home. I have lived in that home over 50 years. That is my home, my legacy. My parents home. I fought for that home. I have lived in that home. It is my childrens home. I will continue to fight for it. It was sold to him illegally. Okay . So i am not sorry, but i will continue to fight. All of the work you have done go to the other side because i am continuing to fight for my home. I lived in that home, grew up in that home since i was 2 years old. Do you think i would just move out . No, no. Gentrification and predatory relending. I want that on record. I dont know who this man is, and i have never laid eyes on him. I am trying to do everything right through the legal system. With all due respect to you, commissioner. That is why i am here still on the battle field fighting for my legacy and my rights. Do you understand . 30 seconds. Am i understood . Thank you, ms. Gage. Do you hear me . Yes, we hear you. Thank you for your time with all due respect. Thank you very much. We are now. I will be down to get the court records. Thank you. Your time is up. Thank you. We are moving on to the permit holders attorney. You have three minutes. I just want t to say although my client sympathizes there is no valid reason. We request the appeal be denied and my clients be allowed to proceed with the work. Thank you. Thank you. Mr. Duffy, do you have anything further. Nothing further. Am i able to add anything . I apologize. Lets go back. Why dont we start the time again. For the time . Go ahead. Is paul, the owner and purchaser of the property. I want to speak because i was there when we met ms. Gage when we were in contract. She has met me and met the seller and told us she did have issues with the previous owners. It had nothing to do with us. Basically she is taking it out on the current owner. It has nothing to do with her previous issues. She has threatened us by saying we better not do anything to the property. I wanted to put that on the record. Thank you. Do you have any more witnesses . No more witnesses, thank you. I understand from mr. Duffy he did not have anything further. Thats right. Do you have any questions . This matter is submitted, commissioners. Can we raise our hand or just talk . I am sympathetic to the appellant for her plight, but i see this permit was issued properly and therefore i would unless there is any other comment move to deny the appeal based on the fact that the permit was properly issued. I would concur. Do we have a motion . I make a motion. Okay. We have a motion from commissioner to deny the appeal on the basis it is properly issued. Commissioner santacana. [ inaudible ] okay. Commissioner santacana. Aye. I am sorry on the motion to deny the appeal, commissioner santacana. Aye. Okay. President lazarus. Aye. Vice president honda. Aye. Commissioner tanner. Aye. That carries 50. The appeal is denied. That concludes this appeal. You are free to leave the zoom meeting. You can follow up with me tomorrow about the 10 day waiting period before the decision can go out. We briefly talked about it. Thank you very much. The people who are part of that appeal can now leave the meeting if they want. Thank you. Thank you very much. So we are moving on to item number 5. This is appeel 20011 christopher schulman versus department of building inspection at 1410 franklin street. Issued on january 23, 2020 application for retail professional service overthecounter permit. Change of use only, no work, no change of occupancy or occupant load. Permit 2019 10 15 slash 4433. Mr. Schulman you have 10 minutes. Thank you for hearing this appeal. Thank you to staff for your time. I am bringing this appeal forward because this appeal by not classifying this property resulted in conditional use hearing before the Planning Commission Community Input and process. I would highlight my brief. I think my brief adequately showcases my position. As stated in the website and in one of my exhibits this is a retail copy and printing and Business Service change with over 5,000 locations. The Planning Department this is a Service Retail professional insurance brokerage, Real Estate Firm and clerical business. The businesses are clerical in nature and focus on the business of information and documents. They do not include exchange of tangible goods or services. These are businesses such as accountants, Legal Consulting and insurance answer real estate. They do not have similarity with ups stores and other mail and shipment stores. I with my brief i presented to you that ups stores meet the definition of general retail sales and service and i included in the definition had my brief for your review. However in my brief is the part including Office Supplies and copying. I would ask you to note in my exhibit w the sponsor notes over half of the Stores Business would be printing and copying. That is a significant part of the equation. Additionally, the definition applies to shipping services off offered by upa as service use open to the general public. Again, thank you for your time. Applying this correct definition will lead to requiring conditional use and allow proper public input. Thanthank you very much. Okay. Thank you. We will now give the permit holder an opportunity to respo respond. Mr. Chiu. You have seven minutes. Good afternoon. I am the permit holder and the store owner of the ups store on franklin street. Exactly one year ago i personally applied for the conditional use permit myself with the Planning Office, and in september i learned from the Planning Office that we do not need a conditional use permit because we are classified as Retail Professional Services. Myself i believe we are a Retail Professional Services and i will tell you why right now. One of the reasons i joined this franchise selfservice of tangible goods. Our Monthly Sales over 97 of sales are to services. There are less than 3 of the sales total Monthly Sales to tangible goods. If you guys dont know, the ups store shows shipping, notary and printing. I will say more on printing later on. I can show you guys a picture. I will show you two pictures right now. Okay. Can you guys see the first picture is showing the Security Camera view of the store and from here you are seeing over 95 of the store laid out. You can tell me what exactly do we sell that is tangible goods . Nothing that we sell as tangible goods over this 95 of the layout. On the right of the picture there is a counter where we process ship minut shipments an. The driver picks up the package in did back and that is it. The second picture. The second picture shows the rest of the store. These two pictures show you the complete almost 100 of the store. The second picture is the only tangible goods that we sell. Again, that is total sales is less than 3 of our Monthly Sales. As you can see here, we mainly sell tape, envelopes and bubble mailers. All of these tangible goods, that is all of them. They are a convenience, service to people coming in to ship packages. They can buy tape and they want to pack their own stuff so these are the only stuff that we sell that is tangible. I want to touch up on the printing Profit Center that chris brought up earlier. I think i said it wrong before or maybe he misunderstood. Our printing is not about 50 of the business. The 50 is what the ups store and the Home Office Want to do. They want to promote printing as 50 of the sales. They want to bring in more printing, but the truth is we still have a lot of sales. Printing is not more than 10 of the total sales. The ups store knows that shipping, the sales is declining so they focus about half of the effort to try to promote printing. To go back to the first picture, near the top right corner of picture is one office printer. That is about it. We make copies for customers to take home and Everything Else like posters and banners we print is not done here.