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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 7, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Randall Knox, Vice President Michael Garcia, Commissioner Frank Fung, Commissioner Katharine Albright, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Spencer Gosh, Senior Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Heidi Machen, Executive Director, Taxi Commission (TC); Howard Lazar, Arts Commission (AC); Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist; Joel Case, Official Court Reporter for the Board.
ABSENT: Robert Feldman, Dept. Head.
(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) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Taxicab permit (A - card). Letter from Julia Adams, attorney for Jacob Brettholz, appellant, requesting rehearing of Appeal No. 07-104, Brettholz vs. TC, decided Oct. 3, 2007. At that time, upon motion by Vice President Garcia, the Board voted 3-1-1 (President Knox dissented, Commissioner Haaland absent) to uphold the Taxi Commission’s permanent bar from grant/issuance of taxicab permit (A – card).
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to grant the rehearing request and to schedule the rehearing for 1/9/08. Update briefs are due Thursday prior to the 1/9/08 hearing.
SPEAKERS: Julia Adams, attorney for appellant; Heidi Machen, TC.
PUBLIC COMMENT: None.
(3b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2045 Filbert StreetUnit No. 1. Permit issued on June 8, 2007. Last day to appeal was June 25, 2007. Jurisdiction request received on Oct. 16, 2007. Letter from Scott Kovacs, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/06/08/3370. Permit Holder: Lathese Establishment. Project: on three-unit building; install interior spiral stair to connect from Unit No. 1 to the ground floor; construct partition wall to separate existing garage from proposed two-bedroom, play room and two full bathrooms; sprinkler and fire alarm under separate permit.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to deny the jurisdiction request.
SPEAKERS: Scott Kovacs, requestor; Jared Eighman, attorney for permit holder; Scott Sanchez, PD.
PUBLIC COMMENT: None.
(3c) REHEARING REQUEST:
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Subject property at 2283-2297 Market Street. Letter from Ken Finney, attorney for Clear Channel Outdoor, permit holder, requesting rehearing of Appeal No. 07-075, Lee vs. DBI, PDA, decided Oct. 17, 2007, At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Fung absent) to revoke the subject permit with findings to be adopted at a later date. Permit Holder: Clear Channel Outdoor. Project: on commercial building, voluntary removal, razing and demolition of non-conforming/non-complying general advertising sign per Planning Code §§ 181(b), 188(b), and 604 (b); once commenced, demolition should be completed within a reasonable time); BPA No. 2007/05/09/0828. Note: If this Rehearing Request is granted, then Item 3d, Adoption of Findings for 07-075, shall be moot, and will not be considered by the Board.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to 12/12/07 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3d) ADOPTION OF FINDINGS:
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Subject property at 2283-2297 Market Street. Appeal No. 07-075, Lee vs. DBI, PDA, decided Oct. 17, 2007, At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Fung absent) to revoke the subject permit with findings to be adopted at a later date. Permit Holder: Clear Channel Outdoor. Project: on commercial building, voluntary removal, razing and demolition of non-conforming/non-complying general advertising sign per Planning Code §§ 181(b), 188(b), and 604 (b); once commenced, demolition should be completed within a reasonable time); BPA No. 2007/05/09/0828.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to 12/12/07 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3e) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2123 – 44th Avenue. Permit issued on Sept. 27, 2007. Last day to appeal was Oct. 11, 2007. Jurisdiction request received on Oct. 22, 2007. Letter from Billy Chan, agent for Victoria Ann Young, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/09/27/3858 for the purpose of filing a penalty appeal.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to continue the matter to 12/19/07.
SPEAKERS: Billy Chan, agent for appellant; Spencer Gosh, DBI.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07-060
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WILBUR WOO, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2116 Irving Street.
Appealing a Notice of Violation dated April 23, 2007, addressed to Wilbur Woo & Dolores Revo, that the “Quickly” establishment at the subject property has not procured proper Planning Department authorization, in violation of Planning Code §§ 703.3 & 703.4.
FOR REHEARING TODAY. Note: On August 1, 2007, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the NOV. On August 29, 2007, the Board voted 5-0 to grant the appellant’s rehearing request, and to set the rehearing for October 3, 2007.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to uphold the notice of violation.
SPEAKERS: Scott Sanchez, PD; Christina Cheng, agent for appellant; Spencer Gosh, DBI.
PUBLIC COMMENT: None.
(5) APPEAL NO. V07-133
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SUZANNE SCULL, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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78 Peralta Avenue.
Appealing the denial on August 3, 2007, of Parking Variance (removal of required conditions per Variance Case No. 1998.567V that allowed a second dwelling unit on the ground floor through the removal of the existing off-street parking space of the subject building).
VARIANCE CASE NO. 2007.0449V.
PUBLIC HEARING HELD & CLOSED ON AUGUST 29, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to confer with the ZA on alternative options.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 -1 to overrule the denial and the grant the variance with adoption of findings at a later time.
SPEAKERS: Scott Sanchez, PD; Suzanne Scull, appellant.
PUBLIC COMMENT: Grasshopper Alec Kaplan, Rose Mari, John Levitt, David Batterfield, Ira Dorter, Bernie Hirschbein, Claudia Viek, and William Heijn spoke in favor of the appellant; Anita Khan spoke in favor of the Zoning Administrator.
(6) APPEAL NO. 07-158
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MANUEL LOLI, Appellant(s)
vs.
ART COMMISSION, Respondent
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Appealing the revocation on August 29, 2007, of Street Artist Certificate No. 6040.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to continue the matter to 1/9/08 to allow the appellant to submit additional documents pursuant to the Board’s comments.
SPEAKERS: Howard Lazar, AC; Manuel Loli, appellant.
PUBLIC COMMENTS: Grasshopper Alec Kaplan and Jose Loli spoke in favor of the appellant; Susan Pete, Michael Addario and Kathleen Hallinan spoke in favor of the AC.
(7) APPEAL NO. 07-195
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PAULA DATESH, Appellant(s)
vs.
ART COMMISSION, Respondent
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Appealing the denial on October 8, 2007, of Street Artist Certificate.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to overrule the denial and grant a three (3) month Street Artist Certificate, which shall be subject to a renewal under the program rules, and with a finding that there was inadequate evidence to support the denial.
SPEAKERS: Howard Lazar, AC; Paula Datesh, appellant.
PUBLIC COMMENT: Kitty Quon and Jose Loli spoke in favor of the appellant; Michael Addario, Kathleen Hallinan and Susan Pete spoke in favor of the Art Commission.
(8) APPEAL NO. 07-120
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LANCE CARNES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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520-522 Sanchez Street.
Appealing the imposition of penalty on July 17, 2007, for construction work done without a permit (on two-unit building: remove illegal kitchen and bath at garage level; comply with NOV 200703622).
APPLICATION NO. 2007/06/28/5429.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reduce the penalty to two (2) times the regular fee.
SPEAKERS: Spencer Gosh, DBI; Lance Carnes, appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. V07-144
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MOLLY WILLIAMS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2 Joy Street.
Appealing the denial on August 6, 2007, of Rear Yard and Screening of Parking Area Variances (add an additional curb cut in the public right of way, and an off-street unscreened parking space within the required rear yard).
VARIANCE CASE NO. 2007.0326V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to continue the matter to 1/9/08, to allow the appellant to confer with the Zoning Administrator regarding alternative options.
SPEAKERS: Scott Sanchez, PD; Molly Williams, appellant.
PUBLIC COMMENT: Joanne Backer spoke in favor of the appellant.
(10) APPEAL NO. 07-146
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AQUATIC PARK NEIGHBORS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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899 North Point Street.
Protesting the issuance on August 3, 2007, to Galway Properties II, Site Permit to Erect a Building (four-story, three-unit condominium building with1,443sf of ground floor area).
APPLICATION NO. 2006/03/10/6438S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Joel Yodowitz, attorney for permit holder; appellant did not appear.
PUBLIC COMMENT: None.
(11) APPEAL NO. 07-147
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HELEN McCLURE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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531-541 Castro Street.
Protesting the issuance on August 3, 2007, to Les Natali, Permit to Alter a Building (reduction of scope on BPA No. 2005/05/03/1487; reduce excavation in basement; eliminate back door and windows at new wall; keep two columns near entry; remove windows and roof in light well at middle of buildings).
APPLICATION NO. 2007/03/30/7713.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to recuse Commissioner Haaland.
ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland recused) to uphold the permit on condition that the permit holder produce a schedule of project completion within a week of release of the Notice of Decision, and for said schedule to be given to the appellant and all adjacent owners and tenants.
SPEAKERS: Helen McClure, appellant; Hestor Chau, agent for permit holder; Scott Sanchez, PD; Karl Hasz, agent for permit holder; Spencer Gosh, DBI.
PUBLIC COMMENT: None.
(12) APPEAL NO. 07-148
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JUANITA DONALDSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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880-882 Dolores Street.
Appealing the denial on August 22, 2007, of Site Permit to Alter a Building (merge two units into one; interior alterations).
APPLICATION NO. 2006/11/20/8161S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 1 (Commissioner Haaland dissented) to overrule the denial and grant the permit with adoption of findings at a later time.
SPEAKERS: Scott Sanchez, PD; Juanita Donaldson, appellant; Evan Donaldson, husband of appellant.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, the President Knox adjourned the meeting at 10:40pm.
