Commissioner walker commissioner gilman commissioner konstin commissioner mccarthy commissioner warshell. Commissioner lee is expected and we have quorum the next item item b the oath will all parties giving testimony please stand and raise your hand do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . Yes. Thank you you may be seated item c approval of the minutes discussion and possible action to adopt the minutes for the meeting held on june 15, 2016. Is there a motion . Move to approve. Is there a second. Ill second. Any any Public Comment on the minutes all commissioners in favor. I. Opposed . Okay. The minutes are approved also wanted to announce for the members of the public here that one of our agenda items it is what number is that. Case 2, item number 2 case hill street a request for a continuance and that continuance has been granted is there any members of the public here to speak on that. Okay. Seeing none is there on to new appeals order of abatement case 6th street honor of record, llc appellant henry the agent action requested by appellant to modify the order of abatement to allow for time to address the pending application through the Building Department. Good morning henry for it. Im sorry the staff has to present for the record the staff has 7 minutes to address their case and the appellants have 3 minutes and Public Comment. Rosemary bosque, chief housing inspector. Is a role call vote with 19 gift rooms a legal use and two dwelling units in the december of 2014 based on complachlts from occupants the housing inspected the building a conversion without a permit from the 19 residential gifts rooms to thirty guests room a notice of violation was issued in 2014 substantially in january of 2015 the appellants when ahead and filed a Building Permit to convert the Building Back to the last leg use as 19 residential guests rooms and two dwelling units that permit was issued and no work outdoor on that through at least two years and then in december this last december a permit was filed to legalize the thirty 0 guest rooms now in looking at the permit history what staff found was that the additional guest rooms came from the conversion of the two dwelling units and some storage rooms it didnt appear from our review that the original 19 residential guests romance were infected, however, were going on year 3 of this open case filed based on occupant concerns we do feel that since the permit to legalize was filed and now going through the process and it is a form permit to legalize the thirty guest rooms this was filed for a cost of 25,000 and it was filed on december 23, 2016, at about the time the previous permit was before to expire i imagine so our concern is one of time and the other issue if we end up with thirty guests rooms instead of 19 dwelling units these will be residential in nature and objective that is something that planning will look at it and review the loss of dwelling units per their policies as well so for us one of a timing issue that the permits out there and want to go ahead and legalize it should have come sooner thats why were recommending to get the pertaining to followup one one way or another and get this process addressed commissioner walker. Yes. Thank you for the presentation and the question i have is what is your sense of the timing through planning. Oh, because a thank you, commissioner because they are proposed to reduce two dwelling units im not sure that makes it more complicated because there is a policy regarding the loss of twblz. The dwelling units as opposed to the between is the bathrooms and kitchens what is. The dwelling units will be selfcontained and perhaps my colleague can give you more information we do find thats a great question usually when we are talking about a between defined by the housing it is a selfcontained unit has a kitchen and bathroom not up to planning code the existence is absent different with that said, sometimes those dwelling units change over a period of time that are managers united within Residential Hotels where maybe some of the rooms with independent assess from the halfway we felt the considerations that can change over a period this is think one of timing and those become residential guests rooms weve lost the two dwelling units thats the issue for us krnl we have a excess of use that is 19 residential guests rooms and obviously donna what happens with an ultimate Building Permit. Is the permit that was taken out to legalize Residential Hotel rooms what is the permit legalizing and the definition i apologize. I have it if you like to see it for the record the where i mean to applications number 2 zero one six plus it was filed december 23rd it is still take and it says ill read it complies with the notice of violations case convert two residential dwelling units and 19 guest rooms Residential Hotels to a thirty guest rooms to Residential Hotel so it is not clear from that would be something i couldnt approve watt u without tlook that it comes down to housing well look at that and planning will have discussions with dbi regarding the issue of the loss of dwelling units first is the residential guest rooms that policy is something well be concerned about. Great. Commissioner gilman. My questions are the current units are different currently opted out. Im not sure. People are living there i believe the building is fully opted out but let the folks talk about that. Im surprised what are gender storage closets do we have an accident Square Footage. We did look at the initial set of plans thats formally this particular permit to legalize has not officially come to the Housing Division well look to make sure they have a the minimum Square Footage under the housing plan and those are storage areas they have to have the proper light and ventilation but one of the financier we look at in this situation like this the original residential guest rooms have they been diminished or effected we didnt find that to be the case as it was coming from the dwelling units and storage rooms this is different but definitely to get thirty residential guest rooms that are standard out of there are a couple of things to consider that is the bathrooms and also, because youre going from 19 residential guest romance to beyond 20 residential sprinkler ordinance will apply to this building thats another requirement they have to comply with thats in the staff report. Commissioner gilman im sorry excuse me a question. Im not sure if this is our work or planning or the other other the two residential unit are they rentcontrolled units. I dont know the reason the Residential Hotel ordinance asks Property Owners to provide daily logs to the guest rooms and not the united the residential unit sometimes we have allowed rooms to be dwelling units to be converted into guest rooms that also be used by Case Management 3 may not be a building that is a nonprofit they look at what helped as far as overall the uses and a provision within the field that allows lounges and certain types of open space type of amenities within the building that has to be used exclusive for the residents i dont believe that is proposed we have to type of proposal in the past i dont know exactly if this is opted out historically by the manager or tenants this is something the occupant can tell you. In your opinion do you find it unusual for Residential Hotel not to have a onsite manager. Well, a, of this size this is a to have onsite management bans chapter 13 of the housing code with respect to that that person didnt necessarily have to live in the between but, live in the guest room over a period of years you sometimes see the rooms morphing for us what were trying to do to make sure that the rooms overall part of the problem historical used to be called the other bay height in the 80s the inspector and ask for a plan we cant do a one by one comparison but to look at the forefront of the building to get a sense we cant tell one by one and sometimes, the buildings have suits youll have a cluster of residential guest rooms sometimes you will were basically looking to see where are the doors between the rooms if they open up and the doors to the hallway what was the between and how and what is the extent of the configuration of the floor plan and how it is used morphing towards an Apartment Building or a kitchen put in, etc. We found it to be the case more just the rooms and typically give that in some situations but looking to make sure the residential guest romance are preserved and in instances we have long term residential tenant weve done certain special restrictions and recorded some things in case to make sure that as the rooms became available they actually were the room count was brought back so the number of residential guest rooms chapter four 1 will be there thank you well hear from the appellant now. Hi for the this was owned by a family and institution and been there also with thurman and so forth and he sold the building so, now those current, llc will change some of the rosemary said you get the suits with two rooms and this opening between the suit not unusual to see Residential Hotel with a bit of everything and get apartments and dwelling units 3 rooms into a between theyve converted thirty residential rooms so the intention to legalize as residential to make the thirty room hotel thats what were planning to do we have to go through planning and commissioner said yesterday well have to a go through a conditional use to allow us to change the dwelling units into residential rooms for sro and again that is a mover for the city to have residential because we have a lack of well need time to do this and with planning and everything that goes to planning youre looking at 6 months assignment and well assess what the Planning Commission and so forth and like to set this aside the abatement for 6 to 9 months to have enough time to grow planning and get it done were working on it. Commissioner walker. Yes. Thank you sir, i have a couple of requests when did the current owners purchase the building. Two years ago. And they did all the converting themselves. I had that i dont think so if they did it or the rcs i wasnt involved i have a feeling this was the way to go and wait a minute we have an issue that came up. With this permit that is applied for the plans do they inclusive the upgrades necessary to accommodate thirty rooms with the sprinkles and open space all of that is included. Correct. In the current plan. Yes. Okay. He think thats it for me right now. Commissioner gilman. Sir do you know from the rooms are cumber opt out or not opted out. I believe their opted out. Just to follow the logic the rooms are illegal opted out. I understand. Your role im trying any concern we have folks living in a dangerous situation in the rooms are not permitted. I dont think interest is an issue otherwise would have had a complaint to look at those are rooms not standard living and vacate them i dont believe that condition exists. Have the rooms been inspected for safety concerns. Yes. We did when we did the notice of violation the inspectors went through the building we did not see an issue with shortterm rentals more of a long term or more of a proximity type of rental not necessarily tairth the low income but that was not an issue conversion from the a questions are those residential rooms or tourist rooms. Residential absolutely. Getting clear. Thank you. Did the department want to use the rebuttal . Just briefly again as far as the timeframe we believe that it is appropriate in this instance to get the order of abatement recorded to compel the pertaining to go through the process were two years down the road and could a have a permit they had the one permit issued set out this for two years and now two years later want to do this thats fine with more residential guest rooms thats great but make sure they go through the process i have the employment mechanism to get the order recorded. The issue with that so that causes a cloud on title so when it comes to funding to do the rest of this work it needs to be done that will impact it and make it tough to do that with that said, once a cloud it is hard to get funding to get the funding for the project so thats what were stuck with not hope not to go through that. If i can ask a question about that, sir. So it is that the banks dont are less likely to lend money or charge a higher rate and they wont give you money youll have to have money out of our pocket to do this. Thank you. Any Public Comment sierra president walker. I think this is one of the cases we can recognize that it might take a while to get approval from planning i move to uphold the order of abatement allow them time to complete the project and put a stake in the ground. Any other comments from the commissioners sounds like a motion. Oh, sorry commissioner gilman. If thats a motion i second the motion. It was a motion 0 there is a motion that has been seconded to uphold the order of abatement and hole it in abeyance for 12 months a roll call vote. Commissioner clinch commissioner walker commissioner gilman commissioner konstin commissioner lee commissioner mccarthy commissioner warshell. Okay. The that item passes unanimously item 3 case santiago street owner of record phil daily. Thank you, commissioners. Responding daily action by appellant the order of abatement be reversed. Staff present. Good morning joe duffy dbi this case is an appeal that is the complaint for property address an santiago street the appellant is mr. R07bd daily the building description a twostory with a woodframe building legal use a singlefamily dwelling this is the notice of violation was issued for failure to comply with the vacate building ordinance the violations are outstanding and life saved hazards and directors hearing with the 2016 the result was an order of abatement issued with conditions submit the vacant or abandoned building and pay all the associated fees and or penalties and comply with the ordinance the permanent activity are permit activity on this address the order of abatement number is the case history on the violations like a timeline 326, 2016 first notice of violation posted, 4, 25 second notice of violation and 5, 29 a notice was made and 11 the directors hearing was posted a continuance granted on the 24 of may an order of abatement was issued been the 11 of july and the order of abatement was mailed and it was posted and then we had the abatement of appeals was fined and staff recommendation uphold the order of abatement and oppose the costs just by reading the brief im hearing the project o property this is a vacant be building we received a complaint from a neighbor about the building and have an outstanding case for the same on 2015 this is an annual thing that is outstanding with the department and ive gone through code compliant and in 2014 and one abated so the Property Owner had it taken care of in 2015 or 2016 this case is wragd only the 2016 i have an assessment the annual fee is seven hundred plus when you multiple that by 9 the penalty fees will be the times and there are Code Enforcement costs i think about 12 hundred plus so seem available for any questions. Commissioners, any questions. Through the chair so i understand that 2014 was abatement. Yes. I reviewed that morning and sometimes, i look at the complaint i like to see what is opened and closed in 2014 it appears we did actually write a notice of violation for that and it went through a second one and through the chair actually so yeah, the 2014 case was abated and received application in check by mail process a check for 2014 on the order of restoration that went through a second notice im not sure what the fee waltz but the case was abated. That was the first. 2014. So they reshld in 2016. Looks like that, yes yes. Commissioner warshell. Do we know how long the owner had this property and how long its been unoccupied. I dont know the answer to that question. Thank you. If no future questions for the department will the appellant come up please. Good morning my name is ronald daily im a partial owner the building and appellant matter the main problem is i own that building with my brother and for many years my brother wanted to sell the building and he wanted to renovate it and rent it on april or may of last year my brother agreed to sell his half of the building to a friend of mine they were trying to get a loan on the property but based on the condition of the property basically, the only thing wrong with the property is dry rot on the front of the building that shows up in the living room it is basically on that basis the building is urban inhabitable the lender would lend because of the condition we have gotten weve been dealing with a Mortgage Broker for quite sometime within the last month and a half or so hes come up with a hard moneylender that will lend money and in fact, theyve been ready to fund any time i asked them to put it off to february 1st to clear up the matters and wait for the weather to improve in San Francisco we dont get rain all the time like weve had in the last couple of months but i was waiting just to february to have the loan funded the lenders says they cant fund the loan unless the city subordinates their lien the lien was recorded on december 2nd it was the result of a november 4th hearing i attended directors hearing at that hearing the director gave me thirty days to correct the problems and then they recorded the deed before record the notice of abatement before the thirty days were up that notice of abatement is recorded and the lender wouldnt lend unless the city subordinates i talked wisamuel y he says its out of his purview i spoke with mr. Hinge and said ill have to post dollars 10,000 i feel that is opening for quite sometime if you read any presentation i offered as an amendment or addition to number 4 in my appeal it includes a definition by richard b sandra Supreme Court justice on the definition of property i understand the citys right and responsibility for hazards and public trust and things like that at one that that was earlier last year in april or may the city healthy contacted my brother to correct the over growth of foliage at the property and at the hearing on june 28th of last year, i told mr. Sweeney that he said the bui