Appellants requesting rehearing of appeal 12117 decided november 7, 2012. At that time the board voted8btw iho 212 Vice President fung dissented commissioner hurtado absent on the basis that there was no error or three out of four votes required to be overturn a modified action whened elcp a vacancy exists letter ofy determination was upheld by law. The regarding the legal dwelling unit. My understanding commissioners hurtado and honda have reviewed the video there for this hearing and are thats correct. Good evening. My name is alan sowle. Were here because extraordinarybb z circumstances exist and rehearing is needed to prevent injustice because new acheddgg zy different facts and circumstances have been discovered relevant to the hearing officers determination on thiso p0n matter. You might remember, those of you that were here before, that this was a the originalv of noe valley. In 1988 a Building Permitted was issued to reduce this from rv three units down to two units. And a noti
Dont straighten out some of these facts. I agree with the commissioner. After going throughhc9 paperwork it was a they got a three to two and mysteriously it became a three again. So theres some . 9k, question ing6on there;m theres no question three became two÷0b r then theres aacca2kutaurjz how two became threey Vice President fung the other way to approach this is to continue this and let them go through their unit pa2 count verification process and then see the results ofzw. Nnc s ,r that. Weve required thatdc completed2c s it we approve a j rehearing . Vice president fung or we4 could just continuezecz this particular request. Is that the way to ck ln go . N we can grant the rehearing and at iz4qs point of the rehearingmspcx we could condition having this process taken onns place. That would be radio hearing. I think i would prefer to have a substantive rehearing. I think that would be thefej6 q procedure here. Especially since i at least i wasnt present. I mean i did watch the vi
Electrical meters on the property, three gas meters on the property and we alsoy wx have uncovered, from the department of building inspection records, . B its own certificate ofm . G completion and occupancya nzl in 1980 excuse me, in 1999, years following the previous jpd owners Building Permit reducing it from three units to two. Id like to show you this, if i could. This jp e÷ document clearly says the certificate of final completion of occupancy dwelling unit three. You can see right Vice President fung can we see that again please. Yes, sirct three dwelling units. Vice president fung im looking for the date. September 1999. Vice president fung okay. Because of this, because of these new items of evidence we think a rehearing isa n necessary so this matter may be fully1ojp at adjudicated and the truth arrived at to determine this matter more accurately. Extraordinary circumstances exist because tenants are going to lose theirc residence if we dont have a rehearing on this matter.
Extraordinary circumstances exist because tenants are going to lose theirc residence if we dont have a rehearing on this matter. Thank you very 09k 2 much. Vice president fung onenwk,aq additional question. On your brief, the way the pagination occurred, ims assuming that on page 6, the fourth electrical meter was cjene 1f that correct . Yes. And no gas meter for that. And i have a and these documents the pg e documis8da that youre referring to, these could not have been obtained prior to this why . We were tryingm6nnz1n for a long time to get pg e documents. They were requesting a subpoena. We were trying to explain to them that the board of appeals. We hadqz8b noy subpoena and it was through extraordinary measures, letters, phone calls that we were able to get the pg e records fromun1k,oom. When did you receive them . I got them twot4 thank you. Any other questions . Thank c you. President hwang mr. Sanchez. Thankxh scott sanchez, Planning Department. Just to note, the hearing that w
Additional question. On your brief, the way the pagination occurred, ims assuming that on page 6, the fourth electrical meter was cjene 1f that correct . Yes. And no gas meter for that. And i have a and these documents the pg e documis8da that youre referring to, these could not have been obtained prior to this why . We were tryingm6nnz1n for a long time to get pg e documents. They were requesting a subpoena. We were trying to explain to them that the board of appeals. We hadqz8b noy subpoena and it was through extraordinary measures, letters, phone calls that we were able to get the pg e records fromun1k,oom. When did you receive them . I got them twot4 thank you. Any other questions . Thank c you. President hwang mr. Sanchez. Thankxh scott sanchez, Planning Department. Just to note, the hearing that we had on this item was on november 7. The rehearing request was filed on our response would have been due on november 26, which is the same day that8 appellant received information from