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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 7, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Vice President Frank Fung, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Lawrence Badiner, Zoning Administrator (ZA); Leo McFadden, Senior Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(1) PUBLIC COMMENT:
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At this time, members of the public may address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board except agenda items. With respect to agenda items, your opportunity to address the Board will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Board has closed the public hearing, your opportunity to address the Board must be exercised during the Public Comment portion of the calendar. Each member of the public may address the Board for up to three minutes. If it is demonstrated that comments by the public will exceed 15 minutes, the President may continue Public Comment to another time during the meeting.
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SPEAKERS: None.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) CLOSED SESSION ON ANTICIPATED LITIGATION:
A. Public comment on all matters pertaining to the closed session.
SPEAKERS: None.
B. Vote on whether to hold closed session to confer with legal counsel regarding threatened litigation relating to Veterans Taxicab Co. (SF Administrative Code § 67.10(d).)
ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to convene in closed session.
C. Conference with legal counsel in closed session. (CA Gov’t. Code §§ 54956.9(b)(1); SF Administrative Code § 67.10(d)(2).) On possible case as defendant.
D. Reconvene in open session:
1. Possible report on action taken in closed session and the vote thereon.
(CA Government Code § 54957.1(a)(3); SF Administrative Code § 67.12(b).)
2. Vote to elect whether to disclose any or all discussions held in closed session.
(SF Administrative Code § 67.12(a).)
ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to not disclose the content of discussions held in closed session.
(4) ADDENDUM ITEM:
(4a) JURISDICTION REQUEST:
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Settlement Agreement between Veterans Cab Co. & the Taxi Commission. Settlement signed on October 27, 2005. Letter from Mark Gruberg, agent for United Taxicab Workers, requestor(s), asking that the Board take jurisdiction over this settlement agreement concerning 25 taxi medallions held by Veteran’s Cab Co. (Medallion Nos. 193, 194, 204, 205, 209, 210, 213 - 216, 220, 222 - 230, 236, 240, 248, 249 and 275.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Knox dissented) to grant the jurisdiction request.
SPEAKERS: Mark Gruberg, agent for requestor; Tom Owen, deputy city attorney for Taxi Commission; Wayne Canterbury, attorney for Veterans Cab Co.
(5) APPEAL NO. 05-138
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FALKO STRUNZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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121 Shotwell Street.
Protesting the issuance on July 26, 2005, to George Quellette, Permit to Alter a Building (on 6-unit apartment building: remove illegal occupancy in basement per NOV; remove illegal plumbing work; remove illegal electrical work).
APPLICATION NO. 2005/07/26/8665.
PUBLIC HEARING HELD & CLOSED ON SEPT. 21, 2005. Note: Matter continued to allow time for appellant to relocate, and with DBI to conduct a site visit for imminent life/safety issues.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to continue the matter to February15, 2006.
SPEAKERS: Tom Corbett, agent for permit holder; Leo McFadden, DBI.
(6) APPEAL NO. 05-142
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TOM McDONALD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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1140 Potrero Avenue.
Appealing the denial on August 16, 2005, of Permit to Demolish a Building (2-story single-family house).
APPLICATION NO. 2004/07/23/9615.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-1 (Vice President Fung dissented) to uphold the denial.
SPEAKERS: Lawrence Badiner, ZA; CJ Higley, attorney for appellant; Pat Buscovich, agent for appellant; Jesus Gomez, Diana Gomez, Joe Butler, Sonia Gomez-Rexelius, Jose Morales, and Sue Hestor, for Planning Commission; Christina Chang, Kelton Finney, and Arturo Alcantar, for appellant.
(7) APPEAL NO. 05-167
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BAY CAB COMPANY, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing a Notice of Decision dated September 26, 2005, that orders the payment of all fines, abatement of all violations within 3 months, and the imposition of a 1-year probation.
RESOLUTION NO. 2005-60.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to reschedule the matter to Jan. 25, 2006 at the written request of the parties.
SPEAKERS: None.
(8) APPEAL NO. 05-169
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CLEMENT ANGELI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 4, 2005, of Driver of Public Passenger Vehicle for Hire Permit (P44) due to non-payment of fees.
PERMIT (A-CARD) NO. 045978.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to overrule the revocation on condition that all fees and penalties be paid.
SPEAKERS: None. Taxi Commission consented.
(9) APPEAL NO. 05-134
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SIERRA INDUSTRIES WEST LP, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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290 Division Street.
Appealing a Notice of Violation dated July 14, 2005, addressed to Sierra Industries West LP, that B.P.A. No. 2002/10/17/9237 for a general advertising sign at the subject property was issued in error, that the sign constructed pursuant to this BPA was constructed on the roof instead of the exterior wall, that a second sign has been constructed on the roof, and that both roof signs are visible from the freeway, in violation of Planning Code §§ 175, 608.5, & 611.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
(10) APPEAL NO. 05-168
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SUSAN PAYNE & ARISA FULLER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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244 – 6th Avenue.
Protesting the issuance on September 27, 2005, to Jing Jie He, Permit to Alter a Building (on 2-unit building: replace unsound stair and replace stone with stucco per plan).
APPLICATION NO. 2005/09/27/3928.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to reschedule the matter to Jan. 11, 2006 at the written request of the parties.
SPEAKERS: None.
(11) APPEAL NO. 05-170
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CLAUDELL LE BLANC, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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22 Roanoke Street.
Appealing the denial on October 12, 2005, Permit to Alter a Building (on 2-unit building: renovate façade; new windows; new deck on existing 1-story roof at rear; replace existing back stairs; remodel kitchen and bathroom in both units; new 1-hour corridor in garage to lower unit; plumbing and electrical work under separate permits).
APPLICATION NO. 2005/08/08/9749.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to overrule the denial, and grant the permit with a finding that to the extent there is an expansion of the living space, it is only subsidiary to the required access to that living space.
SPEAKERS: Lawrence Badiner, ZA; Richard Lee Smith, agent for appellant.
(12) APPEAL NO. 05-171
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YUE ZHEN OU, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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260 Kearny Street.
Appealing a Health Permit Zoning Referral, dated July 20, 2005, addressed to Yue Zhen Ou, which disapproves the proposed massage establishment use because such use is not permitted within the C-3-O (Downtown Office) zoning district under § 218.1 of the Planning Code.
JURISDICTION GRANTED OCT. 5, 2005.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to continue the matter to Jan. 25, 2006, with the public hearing closed.
SPEAKERS: Lawrence Badiner, ZA; Edward Hung, attorney for appellant.
ITEMS (13A) & (13B) SHALL BE HEARD TOGETHER:
(13A) APPEAL NO. 05-172
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MONIO PILPEL, Appellant(s)
vs.
PLANNING DEPARTMENT, Respondent
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317 Sloat Boulevard (Vacant Lots at SW corner of 19th Avenue & Sloat Boulevard).
Protesting the issuance on October 19, 2005, to City Ranch / Emerald Forest, Temporary Use Permit (open-air sale of agricultural products for seasonal decoration, including pumpkins).
FOR HEARING TODAY.
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(13B) APPEAL NO. 05-192
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MONIO PILPEL, Appellant(s)
vs.
PLANNING DEPARTMENT, Respondent
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317 Sloat Boulevard (Vacant Lots at SW corner of 19th Avenue & Sloat Boulevard).
Protesting the issuance on October 27, 2005, to City Ranch / Emerald Forest, Temporary Use Permit (open-air sale of Christmas trees).
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold both permits with the following conditions: a) that the expiration date of the permit shall be 60 days from issuance; b) with adoption of Supervisor Elsbernd’s conditions (letter dated November 28, 2005; attached); c) with recordation of a Notice of Special Restrictions (NSR) consisting of Supervisor Elsbernd’s conditions (except Condition No. 4 regarding reimbursement to City and County); d) that said Condition No. 4 be executed by Dec. 31, 2005; e) that the permit holder apply for a fence permit within 10 days of the Board’s decision and diligently pursue this permit; and f) that any other violations be cleared prior to requesting any other use authorizations or permits in the future.
SPEAKERS: Monio Pilpel, appellant; David Pilpel, son of appellant; Heddy Pilpel, wife of appellant; Steven Gruel, attorney for permit holder; Cyril Hackett, permit holder; Lawrence Badiner, ZA; Leo McFadden, DBI; Elaine Brotherton, Claire Hackett, Dan Dunnigan, Michael Moriarty, Nicky O’Brien, Patrick Maguire, Tom Minaidis, and John Shanley, for permit holder; Sid Cooper, Andrew Lipsett, Edgar Lehmann, Vincent Blake, and Walter Krum, for appellant.
(14) APPEAL NO. 05-174
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BING CHEUK LAW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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227-229 – 7th Avenue.
Protesting the issuance on October 5, 2005, to Mikhail Kurgatnikov, Permit to Alter a Building (on 2-unit building: 1st floor remodel, bedroom and study; 2nd & 3rd floor remodel, kitchen and bathroom; add new bathrooms (interior remodeling); all work is within the existing envelope of building).
APPLICATION NO. 2005/10/05/4858.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to continue the matter to February 22, 2006, with the public hearing closed.
SPEAKERS: Harold Darling, agent for appellant; Bing Law, appellant, via translator Shui-Lan Lee; Daniel Bornstein, attorney for permit holder; Michael Hom, agent for permit holder; Leo McFadden, DBI; Lawrence Badiner, ZA; Gerald Hung, Leon Low, Edwin Lindo, Xu Sheng Jia (via translator Sophia Hung), for appellant.
There being no further business, President Sugaya adjourned the meeting at 10:35 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – DECEMBER 07, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: None.
(2) PUBLIC COMMENT: None.
(3) PUBLIC COMMENT: Mark Guberg spoke against a closed session with deputy city attorney to discuss his request for jurisdiction.
(4) PUBLIC COMMENT: None.
(5) PUBLIC COMMENT: None.
(6) PUBLIC COMMENT: Jesus Gomez fixed up his house and a new owner can do this one.
Diana Gomez said house is in sound condition and suitable for a family and appellant has just reorganized figures in soundness report to justify demolitions.
Joseph Butler was built legally and can be rehabilitated now.
Jose Morales said the foundation is safe and affordable housing is in short supply and should be preserved.
Sue Hestor said this is a potential historic district and project hasn’t been evaluated with that in mind; and foundation is legal under code and acceptable to DBI and Planning.
Arturo Alcantar said houses in neighborhood need to be saved.
Sonia Gomez said demolition is not justified.
Christina Chang said present foundation is not adequate and new one is needed.
Kelton Finney said the foundation curb is crumbling and can’t support the house safely because it is failing.
(7) PUBLIC COMMENT: None.
(8) PUBLIC COMMENT: None.
(9) PUBLIC COMMENT: None.
(10) PUBLIC COMMENT: None.
(11) PUBLIC COMMENT: None.
(12) PUBLIC COMMENT: None.
(13a/b) PUBLIC COMMENT: Sid cooper said lots are not clean while not being used to sell pumpkins and Christmas trees.
Edgar Lehmann said permit holder should keep lots clean all year long.
Vincent Blake objects to unsightly condition of lots after sales are over.
Walter Krum said the present use creates bad traffic hazard because the heavy traffic at the 19th Avenue corner and lots have been a mess for years.
Elaine Brotherton said Hacketts are good family who operate a business that improves the area. Several departments approved the use and Planning failed to check this and permit holder hasobeyed all the laws.
Dan Dunnigan said for use because it has been part of area for year without complaint until now.
Michael Moriarity said permit holder does great job for the community for many years and kids love it.
Patrick Maguire said permit holder does clean up the lot between times of sales.
Nick O’Brien said pumpkin and tree sales are important part of the neighborhood life, closing them down would be a shame since appeal lacks any substance.
Sid Cooper said lots are not kept clean.
Andrew Lipsett said permit holder should follow the law and keep lots clean.
Tom Miraidis has been selling pumpkins and trees to permit holder for years and he said there is no sales tax on sale of pumpkins and taxes for trees are paid as required by permit holder.
John Shanley said the sales should be allowed since use is a benefit to neighborhood.
(14) PUBLIC COMMENT: Gerald Hung said there has never been a stair connecting main floor to basement. Obvious what owner is doing.
Leon Low said fire happened years ago and new owner now doing the work.
Edwin Lindo said the owner just trying to evict the tenants. There is no danger to tenants.
Xu Sheng Jia said the stairs replaced by ladder that can’t be used by elderly tenants.
Jose Morales defended tenants against landlord who has been fraudulent since storage rooms have never been bedroom or study which will take storage area from tenants.
