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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, NOVEMBER 9, 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); Laurence Kornfield, Chief 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: 

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.

 

SPEAKERS:  Andy Segal; David Diepenbrock; Joe Elford.

 

 

 

(2)  COMMISSIONERS COMMENTS & QUESTIONS:

 

SPEAKERS:  None.

 

 

 

(3)  ADDENDUM ITEMS:

 

(3a)  ADOPTION OF FINDINGS:                                                

Subject property at 3412 – 22nd Street aka 994 Guerrero Street.  Appeal No(s). 05-111,    Reed vs. DBI, decided September 21, 2005.  At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold the suspension of the subject permit, with a finding that the medical cannabis use is not suitable for this location, on condition that the dispensary relocate as soon as legally possible and in anyway within 6 months, on condition that the Zoning Administrator’s conditions (dated Sept. 15, 2005) be implemented, and with a further finding that there is no intention to infer inappropriate business practices or anything that would negatively impact the appellant’s right to obtain necessary permits under new legislation for medical dispensaries (BOS File No. 051-250).

 

ACTION:  Upon motion by Commissioner Knox, the Board voted 5-0 to reschedule the matter to Dec. 14, 2005 at the request of the OCA.

 

SPEAKERS:  None.

 

 

(3b)  REHEARING REQUEST:                                                

Subject property at 1301 – 18th Street.  Letter from Marwon Halteh, agent for Elias Han Han, appellant, requesting rehearing of Appeal No(s). 05-091, Han Han dba “New Potrero Market vs. DPH”, decided July 27, 2005.  At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to overrule the Dept. of Public Health’s 45-day suspension, and instead impose a 10-day suspension. 

 

ACTION:  Withdrawn by appellant/requestor.

 

SPEAKERS:  None.

 

 

(3c)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                                                   

Subject Property at 900 Ulloa Street and 290 Lenox Way.  Permit issued on Nov. 2, 2004.  Last day to appeal was Nov. 17, 2004.  Jurisdiction request received on Sept. 8, 2005.  Letter from Florence Fung, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2004/03/10/8279S.  PermitoldeHolder(s): City & County of San Francisco.  Project:  remodel of and addition to a 6,786sf public library (West Portal branch).

 

ACTION:  Upon motion by Vice President Fung, the Board voted 4-0 to recuse President Sugaya.  Afterwards, upon motion by Commissioner Knox, the Board voted 4-0-1 (President Sugaya recused) to deny the jurisdiction request.

 

SPEAKERS:  Florence Fung, requestor; Marilyn Thompson, for the SF Public Library.

 

 

 

(3d)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                                                   

Subject Property at 733 DeHaro Street.  Permit issued on June 13, 2005.  Last day to appeal was June 28, 2005.  Jurisdiction request received on October 20, 2005.  Letter from John Wagner, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2004/10/26/7768S.  PermitoldeHolder(s): Nicole Jarotzky.  Project:  on single-family house, addition of partial 2nd floor; addition at 1st floor to accommodate a garage; interior remodeling.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5-0 to deny the jurisdiction request.

 

SPEAKERS:  John Wagner, requestor; Alex Jarotsky, co-permit holder; Laurence Kornfield, DBI.

 

 

 

(4)  APPEAL NO. 05-119

JOHN RITT, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

 

 

333 Greenwich Street.

Appealing the denial on July 11, 2005, of Permit to Alter a Building (on 6-unit apartment building: merge units #3 and #4 into one unit; remove one kitchen in studio and convert kitchen to bedroom; convert one bedroom to dining room and other changes shown on drawings; no structural work; work includes partitions and finishes).

APPLICATION NO. 2005/03/01/6477S.

PUBLIC HEARING HELD & CLOSED ON OCTOBER 5, 2005. FOR FURTHER CONSIDERATION TODAY.  Note:  Matter continued to allow Commissioner Garcia to participate in the final vote.

 

ACTION:  Upon motion by Commissioner Knox, the Board voted 4-1 (President Sugaya dissented) to overrule the denial and grant the permit.

 

SPEAKERS:  Lawrence Badiner, ZA.

 

 

 

(5)  APPEAL NO. 05-131

7-ELEVEN NO. 33434A, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

711 Market Street.

Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 13, 2005.  Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. 03-05-269.

FOR HEARING TODAY.

 

ACTION:  Withdrawn by appellant.

 

SPEAKERS:  None.

 

 

 

(6)  APPEAL NO. 05-132

7-ELEVEN NO. 23342E, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

3080 San Jose Avenue.

Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 13, 2005.  Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. 05-05-268.

FOR HEARING TODAY.

 

ACTION:  Withdrawn by appellant.

 

SPEAKERS:  None.

 

 

 

(7)    APPEAL NO. 04-203

KEN PAGE

& VINCENT LEGER, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

21 Buena Vista East Avenue.

Appealing a Permit Suspension Request dated December 14, 2004, addressed to Dept. of Building Inspection Acting Director Jim Hutchinson, requesting that all building permits at the subject property be suspended.  Reasons for suspension: the Planning Dept. believes the owners have pursued a “serial permitting” strategy to effectively convert the home in question from 14 guest rooms and one dwelling unit into a single-family dwelling without proper public notification and in contradiction of the Planning Commission’s policies.

APPLICATION NOS. 2004/02/27/7379, 2004/02/27/7382, 2004/06/28/7501             & 2004/06/28/7503.

FOR HEARING TODAY.

 

ACTION:  Withdrawn by appellant.

 

SPEAKERS:  None.

 

 

 

(8)  APPEAL NO. 05-075

PAT BUSCOVICH, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION,

                                             Respondent

PLANNING DEPT. APPROVAL

 

2201 Baker Street.

Protesting the issuance on April 12, 2005, to Hassan Kangarloo, Permit to Alter a Building (on 13-unit residential/tourist hotel: change of occupancy class only, to single-family dwelling; no construction to take place on property; all drawings are shown “as-built”; building has full sprinkler suppression system).

APPLICATION NO. 2005/04/12/9782.

FOR HEARING TODAY.

 

ACTION: </span> Withdrawn by appellant.

 

SPEAKERS:  None.

 

 

 

 

(9)  APPEAL NO. 05-149

IAN HADDOW, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

538 Laidley Street.

Protesting the issuance on August 24, 2005, to Kenneally Construction, Permit to Demolish a Building (one-story single-family house with 700sf of ground floor area).

APPLICATION NO. 2005/08/24/1170.

FOR HEARING TODAY.

 

ACTION:  Permit withdrawn by the Dept. of Building Inspection (DBI).

 

SPEAKERS:  Laurence Kornfield, DBI; Ian Haddow, appellant.

 

 

(10)    APPEAL NO. 05-158

EDDY & ANITA MAMOUN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT.  APPROVAL

 

 

 

 

1294 Union Street.

Protesting the issuance on September 12, 2005, to David Lichman & Margaret Mak, Permit to Alter a Building (on single-family house: revisions to BPA No. 2005/06/22/5759; to show additional framing, existing and proposed roof heights, new barbecue and glass railing locations).

APPLICATION NO. 2005/09/12/2556.

FOR HEARING TODAY.

 

 

ACTION:  Upon motion by Vice President Fung, the Board voted 5-0 to uphold the permit.

 

SPEAKERS:  Laurence Kornfield, DBI; Lawrence Badiner, ZA; appellant did not appear.

 

 

 

There being no further business, President Sugaya adjourned the meeting at 6:25 p.m.

 

________________________________                         

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 – NOVEMBER 09, 2005

 

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

 

ITEMS:

 

(1) PUBLIC COMMENT: Andy Segal expressed concerns about dispensary and its ability to move out of neighborhood.

 

David Diepenbrock spoke for neighborhood coalition and asked that six-month moving requirement be incorporated into Board’s findings for Green Cross appeal.

 

(2) PUBLIC COMMENT:  None.

 

(3a to d) PUBLIC COMMENT:  None.

 

(4) PUBLIC COMMENT: None.

 

(5) PUBLIC COMMENT: None.

 

(6) PUBLIC COMMENT: None.

 

(7) PUBLIC COMMENT: None.

 

(8) PUBLIC COMMENT: None.

 

(9) PUBLIC COMMENT: None.

 

(10) PUBLIC COMMENT: None.