commissioner fung: a curb cut. if you want to speak, speak at the microphone. >> this is very clear. commissioner fung: it is not clear. your documentation is not clear. your paperwork is not clear. thank you very much. i understand what you're trying to say. what is elsewhere is not equivalent to what your paperwork shows. >> you can ask the building department. commissioner fung: we will. we will ask them. thank you. >> that is not right. president peterson:

commissioner fung: a curb cut. if you want to speak, speak at the microphone. >> this is very clear. commissioner fung: it is not clear. your documentation is not clear. your paperwork is not clear. thank you very much. i understand what you're trying to say.

commissioner fung: you love a

commissioner fung: it does not matter. there are two questions. ûñthe volumetric -- was equivalt to what was provided to the homeowners? >> yes. commissioner fung: is the floor plan the same? >> yes. Ñiçy/ fung:and the space? >> yes. commissioner garcia: is the first floor have a boat -- have a boat --d] is the first floor habitable? >> the building department can discuss that because that is a technical issue about when you determine a story. 18 or 12? -- are we add 18 or 12? -- at 18 or 12? excavation? >> no, it is my understanding could submit an excavation permit. i would defer to the building department. addendum or not, appealable to the board of appeals. ]tçcommissioner fung: :jqe[tódoe sed elevations for the different floors? >> what was included in my pack it does not show -- included in my pocket -- packet. i do not see it in the paper work. regarding the possible excavation, juin one of these pages that was associated with the package, i am seeing iand i emcea point, which was no. 1 in the package, and it

commissioner fung: is there a date? >> on march 29. commissioner fung: of what year? >> 2010. commissioner fung: 2010. ok. could you give that to the department to check against their records? >> now. commissioner fung: yes, and we will ask the departmental staff whether in their records. the permits? commissioner fung: i understand. >> commissioners, i would -- commissioner fung: rebuttal, sir. >> we will comply with what they want. commissioner fung: ok, go ahead. >> the original document. " he said, yes, they have the same copies. commissioner fung: you love a on this section of the drawings right here, this is a three- story building. president peterson: ok, vivendi you have the application for a building permit before you? -- do you have the application? >> the initial next to it, also. yes, i am seeing where it says "number of stories," and it says "3," and this may indicate that it was changed on the application when the folks recognized it was not a three- story building with regard to the code section i was referring to and what were shown in the drawings. president p

commissioner fung: a curb cut. if you want to speak, speak at the microphone. >> this is very clear. commissioner

commissioner fung: a curb cut. if you want to speak, speak at the microphone. >> this is very clear. commissioner fung: it is not clear. your documentation is not clear. your paperwork is not clear. thank you very much. i understand what you're trying to say. what is elsewhere is not equivalent to what your paperwork shows. >> you can ask the building department. commissioner fung: we will. we will ask them. thank you. >> that is not right. president peterson: we will hear from the department if there is a rebuttal >> thank you, scott sanchez, planning department. the two-story versus three- story, what they had is they initially had?4 the stories, and the congressional review was withdrawn. two stories over a garage. when the building department reviewed it, there was a determination madend, about the three stories, but from what i can tell, there was no change from when it left the planning department other than the billing department had reviewed it. under the building code, a three-story building. that is the m

commissioner fung: but you have not talked to them? >> no. commissioner fung: thank you. can i go? >> this is a picture of the window. as you can see, it is approximately so far from the ground. this window was installed about 50 years ago. my client has flown to this property for about 20 years, so this window predates my client for about 30 years -- my client has own this property for about 20 years. there have been no issues of privacy about this window. now, all of a sudden, it is the result of a dispute between mr. hasson and others. it has never been an issue before. also, there is a notice of violation that has been issued. a notice of violation has been done twice, and i spoke with somebody and ddi, and they said they would be working on that case if this violation is not abated -- i spoke with somebody at v.b.i. -- dbi. the permit is very clear. we'll try to comply with the nov -- we are trying to. that is it. it is not about a dungeon. we wrote try to comply with the -- we were trying to comply with vdthe nov. he told me it was his understanding it would comply. i have an

commissioner fung: it is the reverse. they accepted a higher deck, they did not want a lower. >> with all due respect, it is almost a policy statement you are making on the top deck. commissioner fung: yes, i just wanted to be a little bit consistent. i>> i appreciate your opinion as always, commissioner fung. i would like to proceed with the motion of amending the permit to including the translucent glass . i don't know if there are further comments. commissioner garcia: my comment would be, and this is not to be argumentative with commissioner fung, any noise that is created would be created by the second floor deck, so have the third floor deck does not increase the level of potential noise. the privacy thing is always a problem for me and that -- it was an interesting point that mr. atkinson made having to do with the fact -- you don't necessarily adhere to it, but if you stand in the window and & on somebody's , that is not as intrusive as if you are sitting on a backed -- if you're sitting on a deck. i don't really

commissioner fung: mr. silverman, where all of the compromises that were offered pre-d.r. -- >> absolutely. the d.r. went forward. the idea was to avoid the hearing. yes, yes, sir. commissioner hwang: i have another question. the kinds of modifications they were asking for, including after the tree was chopped down, are not being considered, and would you say that it sounds like they are not in any mood to attempt to come to any kind of a compromise? the question i have is if if any modifications did your client made in response? >> yes, we will be glad to go over that. she will tell you about those changes. i believe there in your packet. >> i am the project designer. i will just read from my brief of all the changes i made since september. we reduced the height of the building. we reduced an element that was originally there. commissioner hwang: before you go for it -- through the list, this was all part of your outreach? >> yes, a compromise so we could move this project forward. everything my client agr

commissioner fung: there were some questions raised. you have to put in a new one- hour window assembly, it is there another location that is not on the property line? i thought that was brought up in our discussion on jurisdiction, and we went beyond that. >> well, i was not present. i was not retained by the permit holder during that, so i apologize. i do not know what occurred during the jurisdiction. what i can say is that we're trying to essentially abate the nov in the simplest, easy way in order to appease dbi and mr. ha sson. commissioner fung: with drama? >> i do not believe so. commissioner garcia -- with trim? >> i do not believe so. do you have a copy of the permit? commissioner garcia: made the the sizes on there, but i do not see it. >> all i see is that it is a one-hour assembly. my understanding is that it is going to be essentially taking the existing window and framing it in with a one-hour assembly. yes. as i stated to commissioner fung, we try to take the simplest, most expeditious way to a pc -- to appease the nov.

commissioner fung: this and then leads to the backyard? >> there is an upper floor, which is the of the window that got resolved. there is not another room with a window where you can get bly. -- can get light. commissioner fung: is there another window adjacent to the tenant over here? >> no. commissioner fung: so the only option that is a property line window or -- the light well extends down to grade. >> the first floor is garage. thank you. president peterson: thank you. are there any more public comments? >> thank you. my name is victoria giannini, and i have lived there since my parents were there. i am a retired school teacher for the san francisco unified school teacher and currently employed with them. my husband has been a small- business owner for automotive repair for many years. we are hard working people. the photograph that you saw of the window, it encroaches on my property. the window is located less than 3 feet from my personal and private bedroom. someone in the tent -- attendanttem -- tenant's room can look in. any clea

commissioner fung: mr. murray, in order to conform to the requirements of a ramp medallion is it possible that he is in compliance without having any tears onfares? >> no. even without the sweat machine, there is paper documentation. that -- the only way a paratransit user would use a taxi without us knowing would be if he used cash. all paratransit users currently use a card, a swipe card. before that it was scrip that was collected and followed by the paratransit users. president peterson: what about this reference to a conflict of interest? >> because he is an officer with the mta, it is an inherent conflict of interest. it is no allegation that he is doing anything. commissioner hwang: thank you. president peterson: mr. alexander? >> on mthe paratransit matter, the first time i heard of this was in the opposition break. it is a distraction. between january 2010 and june 2010, what is at issue is mr. linus oha's driving performance in the years leading up to 2009 and the rules that apply to him or anyone

commissioner fogg -- fung: this was in 2009? >> yes, and that was someone who was visiting, but there were no violations likenesses practitioners or anything in the nature of soliciting or engaging in acts of prostitution. commissioner hwang: what is the amount of time that you believe is reasonable and appropriate? >> 45, 60 days, 90 days. she can handle that. she is also agreeable that if there is another situation, she will give up. but she has proven this over the past months. obviously, she does not want to do that. >> -- commissioner hwang: do you know the next step in terms of korea applying? like, what would that involved? another one-year wait? >> well, she cannot transfer her license to a third person. a third person has to come in, so she has to shut down, and someone else will come in. i do not know who would be out there. commissioner hwang: she herself would not be applied? >> no, she would not be deemed qualified. president peterson: you keep saying 16 months, but i think there was an event last summer. >> no, the

commissioner fung: this is not provided to us. we do not have the same set that they have. >> neither do we. commissioner hwang: and i believe the reason this was continued because -- it was because you had requested to see the plans. commissioner fung: -- >> president peterson, the last meeting, they did not have their

commissioner fung: not in the legal field. >> corrects. -- correct. commissioner garcia: there were is hidden behind the mirror. >> commissioners, on behalf of dph. i want to let the board know that i have been privileged to be the chair of the task force, and i want to state that i have been to this establishment. it makes this establishment a public nuisance. there is a hidden door, a hideaway door. it was about 18 and 36 inches, and they hired these women and it is unforgivable for this treatment. some of those rooms do not meet any code. i wish i had a picture. the height itself was less than 4 feet where you have some of these mattresses, so a lot of the rooms were illegal, and this task force consists of many different organizations, and we documented all of this. .there you go. the zoning administrator. commissioner garcia: why is that unfortunate? >> this is the ceiling of the room. they keep. -- thank you. the department has bent over backwards to change the mode of operations. we bent over backwards. i also want to say that the should not be

commissioner garcia: go ahead, commissioner fung, the commissioner fung: this employee was not the same police department? >> no. commissioner fung: his statement was that he was never asked to provide id. commissioner garcia: sir, you raise the issue that the pleas of mr. did not commit and identify himself. pecan you are satisfied that an illegal sale took place, right? >> no. commissioner garcia: so you dispute that? >> all we know is that young individual should have walked in and said, "i saw the cigarettes." were marked. that is what happened. >> that would indicate, once he found that, it was pre- oi$rxdÑÑÑiv÷Ñi yes, but it doem that the person who came in, the decoy, was the same decoy with the same idea, or was it somebody who was just -- commissioner garcia: i am not "rsaying it is material. %q%qi the first violation and the second? >> before, maybe mentioned it two or three times a day. now, it is every sale. if you do not see i.d., i to say i am sorry. a lot of people come from a apartments or across the street, and we have a lot of customers that just by the same prod

commissioner fung: this is not provided to us. we do not have the same set that they have. >> neither do we. commissioner hwang: and i >> neither do we. commissioner hwang: and i