Board request that you turn off for silence all phones and other Electronic Devices so they will not disturb the proceedings. No eating or drinking in the hearing room. The boards rules of presentation are as follows appellants permit holders and Department Respondents each are given seven minutes to present their case and three minutes for rebuttal. People affiliated with these parties must include their comments within the seven or three minute periods. Members of the public court not affiliated with the parties have up to three minutes each to address the board and no rebuttal time may be limited to two minutes of the agendas long or if there are a large number of speakers. Mr long way. Our legal system will give you a verbal warning 30 seconds before your time is up for votes are required to grant an appeal or to modify a permit or determination. If you have questions about requesting a re hearing the board rules are hearing schedules, please email board staff at board of appeals at sf gov. Org. Now Public Access and participation are paramount importance to the board sfpd tvs, broadcasting and streaming this hearing live and we will have the ability to receive Public Comment for each item on todays agenda. As a tv is also providing closed captioning for this meeting to watch the hearing on tv. Go to s f t v cable channel 78 please note that will be rebroadcast on fridays at four pm on channel 26. A link to livestream is found on the home page of our website at sf gov. Org forward slash b away Public Comment can be provided in three ways. One in person to via zoom, go to our website and click on the zoom link or three by telephone call 1669 906 833 and enter webinar. Id 8537387. And again sftu tv is broadcasting and streaming the phone number and access instructions across the bottom of the screen if youre watching the livestream or broadcast to block your phone number when calling in for style star 67 than the phone number. Listen for the Public Comment portion for your item to be called and dial star night start nine, which is the equivalent of raising your hands so that we know you want to speak. You will be brought into the hearing. What is your turn . You may have to dial star six to unmute yourself. You will have three minutes, depending on the length agenda, and the volume of speakers are legal assistant will provide you with a verbal warning 30 seconds before your time is up. Please note that there is a delay between the live proceedings and what is broadcasting live streamed on tv and the internet. Therefore its very important that people calling and reduce her turn off the volume on their tvs or computers. Otherwise there is interference with the meeting. If any of the participants are attendings on zoom needed disability, accommodation or technical systems. You can make a request in the chat function to alc long way the boards legal assistant or send an email to board of appeals of sf. Org. Now the chat function cannot be used to provide Public Comments or opinions. Please note that we will take Public Comment first from those members of the public were physically present in the hearing room. Now we will swear or affirm all those who intend to testify. Please note that any member of the public may speak without taking an oath pursuant to their rights under the sunshine ordinance. If you intend to testify at any of tonights proceedings and wish to have the board give your testimony, evidentiary weight, raise your right hand and say i do after youve been sworn in or a firm. Do you swear or affirm that the testimony youre about to give will be the truth, the whole truth and nothing but the truth. Okay thank you. If you are a participant, youre not speaking. Please put your zoom speaker on mute. So commissioners we do have one housekeeping item item number four. Appeal number 239 property 18 70 Market Street has been withdrawn by the appellant so we will not be hearing that case this evening. So we will be moving on to item number one. This is general Public Comment. This is an opportunity for anyone who would like to speak on a matter within the boards jurisdiction. But that is not on tonights calendars there. Any member of the public here who would like to speak on an item that is not on tonights agenda , okay, i see a number of hands raised on zoom. Well start with. Mr barrie, toronto. Mr toronto. Are you here for general Public Comment. Yes, okay. Okay, there is an a. A item on, um, but im gonna try and talk differently from the topic of the last item. I have held that class. I have to participate in line, but ill try and monitoring but the reason is that the general Public Comment is, uh, youre talking about the letter on your on your agenda item, and im going to talk about the last weeks empty a board meeting. Uh or to say that that first the. This your body should have been informed that, uh, that they were going to have this on the agenda when you when you met on the 12th. I listened to your recording. And youre recording. Uh you guys are really compassionate and really wonderful human beings, and unfortunately, i dont see that happening with the with the with the m t a board. Um and so the thing is, im concerned about the lack of communication thats going on regarding, uh, possible actions by the t a board. To i am very much concerned. That um , with julie Julie Rosenberg used to be the head of the Hearing Division of the m t. A and her knowledge, intimate knowledge of how it works. And the fact that there was some interference. With with the with the hearing process by the City Attorneys office. I think my concern is not what its not whether she recused herself, but that that her intimate knowledge of how it works should be included in your future discussions on this topic, because, um is it because your decisions in the past him have been very appreciative and have have have served a very important purpose in terms of giving people the benefit for the doubt and fair hearings, and that is all i have to say for now. Thank you. Thank you, president swig just for the record like to state that mr toronto made the same allegation previously, and weve had advice from the City Attorney. I am not a Decision Maker on any of the taxi matters, and its not necessary to recuse myself from participating, so well go on to the next speaker. Phone number ending in 1405, please go ahead. Our truck. A nice herc. What what . What appeal that . Process have been in the night through any other permit holders. Okay, mr nygaard, i guess im just a little concerned that the taxi people are speaking during general Public Comment. We have a taxi item number six. President yahoo independent question. But youre talking about the hearing process before the board of appeals. I think thats the topic of the items. Six yes, mistakes question, maam. What is there any other city permit holder who was bent at night . Okay, pills. Okay is that your general Public Comments, sir . Yeah okay. Thank you. Thank you for your question. Uh anybody else whos in general Public Comment . We agenda eyes the m t a letter for a purpose. And that is, uh, that is to allow Public Comment on the topic that it it addresses that is regularly agendas item. It will be coming up later in the hearing, and so if you have any Public Comment, which has to do with the m t a, uh, the letter that we sent and which was responding to or any other. Um commentary surrounding that issue. Would you please preserve those comments until the final item is heard . And you . You will be offered the opportunity to speak. Thank you very much. Okay mr. Mcmurdo, please go ahead. Thanks. Juliette actually have no idea whether my comments are going to be allowed under item once, so just let me know if its conflicting with items mr mcmurdo if they have to do if the word taxi is uttered. If the word if the three letters m to are uttered, then i would make the assumption that, um theyre under item four for the our final item, please. Um i was gonna briefly run down history of the medallion developments. But would that not be allowed now . I will. I would love to hear that whole commentary. And i think it would be, um, beneficial for ourselves and for the public to have it that comment, uh, after the final item is heard because there will be some continuity and tie in with your thoughts. Okay thank you. Thats what i do it under item six is what you said. Yes please. Thank you. Thank you. Thank you very much. Thank you. Is there anyone here for general Public Comment, please raise your hand. I dont see any hands race, so well move on to item number two commissioner comments and questions you missed your mr trasvina. Thank you, president swig. I just want to note that today is ah Administrative Professionals day and we are tremendously served throughout the year and for those of you in the public or closer to watch us , there are two people in particular behind the scenes, although one is right here in front of us, alex long way. Our legal assistant who manages to run the screen and then keep this move these meetings going exceedingly well. Also i want to, um, recognized our law clerk zm ottoman here. Both do tremendous work for us, and i want to express my appreciation because the brown act i cant say i am speaking for everybody, but i think, uh, i think without fear of contradiction. Ah this is our our sentiments. I want to thank both of them and let the public know that we have some very hardworking Administrative Professionals at at the at the commission. Thank you. Thank you for your care commissioner. Anybody else have any comments . My only comment is i wish the golden state warriors, uh, the best of success tonight. And during the break, anybody has a score. If we last that long you can. You can volunteer that score to us. Thank you. Thank you. Is there any Public Comment on this item . I see one. Are you here, sir . For Public Comment on this . No okay, so i see one hand raised on zoom denny floor. Please go ahead. Yes. Thank you so very much. I am. Um i am in this room because i believe that, um we need in this city spaces like the greenway. Okay, mrs. Floor are you here for the mission . Greenway case. Yes thats were not. We dont have that case. Right now. Were on commissioner comments and questions so please hold off until we call it okay . Thank you. Thank you so much. Thank you. Okay is there any other Public Comment . Okay saying none will move on to item number three commissioners before you for discussion. Possible adoption of the minutes of april 12 2023 meeting. Ministers dont hear motion. Or any questions. I moved to adopt the minutes as presented. Okay is there any Public Comment on that motion . Please raise your hand. Okay theres no Public Comments. So on that motion, Vice President lopez pena commissioner. Apple er president. Swig motion carries 5 to 0 in the minutes are adopted. And so as i previously said, item number four, the appeal has been withdrawn. So we are now moving on to item number five. This is appeal number 238 friends of the mission. Greenway versus department of building inspection Planning Department approval. Subject property 9 57 treat avenue, appealing the issuance on march 2nd 2023 to 17th and peralta llc. Of an alteration permit replace damaged gate in kind north of the lot, approximately 16 ft wide and eight ft. Tall this is permit number 20 to 3030229. And we will hear from that pelant first before we commence, please. Id like to ask the City Attorney to help set some ground rules and give advice. Both to the commission. Hmm and to the interested parties, uh, as as well as, uh, guide us on expectations. Um uh, first off. Can you can you clarify . Based on what we are here. To do tonight. Oh, what yes, within our jurisdiction. Or or what . What we what we aim to do tonight. And what we are empowered to do tonight. And then secondly, um, would you please comment . Given that this is a seems to be a, uh theres some land used issues in here. Where is our jurisdiction with regard to land use issues and what should our pasture as a commission . Be with regard to land use discussions tonight and. Our ability or or not to deal with things like land use issues. Thank you. Thank you. President swig the issue before the board is a narrow one, and that is whether or not to overrule dbs grant of the permit to replace the damaged gate and fence. The partys briefing addresses some issues of ownership of the parcel at issue easement rights, access to the parcel and its future. The issues of Property Rights are not before the board. The board does not possess the authority to rule on Property Rights outside of the permit that is before it. Ah, the appellant has also requested that future applications by the permit holder be red flagged by d. B i in order to prevent future applications. This request, like land use issues, is also outside of the issue before the board, which authority in this case is limited to the single permit appeal before it. So. In saying that one. What were talking about is the permit approval or not of a gate one and two that Everything Else is should be considered a civil issue and would fall under the jurisdiction of a civil court. That is correct. And i appreciate that clarification. President s wigs, i meant to mention that as well, the issues of ownership of the property. These men access is an is a matter for the civil court to decide not miss board something we cant touch. Thats correct. Thank you. Commission. Limburg has a question. I do. Um i just wanted to because this is a appeal of a b permit. I see miss tam here. I do not see representative of db. I hear hes attending via zoom great, okay . Never mind. Thank you. Okay thank you. So well now hear from the appellant. So the representative for the appellant is Elizabeth Creeley. Welcome you have seven minutes. Thank you very much. Um president s wig. Id like to submit these exhibits for the administrative record. Um keeping in mind the narrowness of the decision tonight we have still prepared a statement that will take me. Hopefully only six minutes to read. It goes beyond the scope of the power of this committee. Um if i dont know, im just going to read what ive prepared. We are very, very conscious that you can only make a narrow decision. Um here tonight on the pyramid that was issued, so im just gonna proceed. Um my name is Elizabeth Creeley. Im a board member of friends of the mission. Greenway. A 13, or 14, year resident of the Mission District. I live in 22nd street in florida with my husband, jay martin, and im here to make three main points tonight. 17th and peralta llc, also known as monkey brains. Also referred to as the permit holder in this statement. Does not own 9 57 treat and on that basis and on the lack of their recorded ownership. Cannot be allowed to build. Or construct an iron gate. On that parcel. They are not. Additionally they are not qualified to obtain permits to build a private iron gate. Sorry, im fussing with the microphone a little bit. The permit holder. Has no easement and none of the prescriptive easements mentioned in their brief have been recorded. We conclude that they do not exist. Finally the historic use of the parcel, as stated in their brief is not accurate. The parcel has never served as a commercial parking lot, hosting a fleet. It has largely for its 117 year history. Conveyed foot traffic through the neighborhood. So to speak to the permit. Alex menendez, current permit holder and the applicant for the same states in his brief that he signed the application as an agent of the contractor. Not of the lot. But we believe that this is insufficient. We know that San FranciscoBuilding Code section 10 68. 3 point one states that to obtain a permit, the applicant shall first file an application signed by the owner or the owners authorized agent. Alex fernandez falsely identified himself as the owners were up. Of 957 treat avenue when he applied for the permit on march 2nd. To jimmy chung of the planning review services of the department of building inspections. Who sent us an email on march 6th stating the following and i would like to introduce this as a visual is that up . There we go and remember this project and did ask his role on the project. And he stated he was the owners. Rep. Or representative. If he lied. You can appeal the permit after its issued and thats why were here today. And i quote from the permit holders brief the owners of the properties adjoining parcel 36, which is almost a colloquial term for the parcel that runs from 22nd street to 23rd. In between harrison entry we use personal 36 to describe it. The owners of the properties adjoining parcel 36 object to our. They are basically stating that the, um that they have support by adjacent owners to repair the fence. And enclosed a lot over which they have recorded and prescriptive easement rights and there are a number of mischaracterizations of, uh, in this passage. And this is, however, where we get into firmly rebutting the notion that there are recorded easements, which i understand very clearly or beyond the scope of this hearing. Ah um so ill continue. If thats okay, um okay . The prescriptive is its mentioned in the brief hold no actual writes the burden of proof lies with the adjacent Property Owners. And as yet that responsibility has gone unmet. There are zero legal documents, there is no legal documentation. That have been shown to prove any easements. We are unable to find any recorded easemen