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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, SEPT. 21, 2005

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

PRESENT: President Hisashi Sugaya, Commissioner Katharine Albright, Commissioner Frank Fung, 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.

ABSENT: Commissioner Michael Garcia.

(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: Greg Lambaugh.

(2) COMMISSIONERS COMMENTS & QUESTIONS:

SPEAKERS: None.

(3) ADDENDUM ITEMS:

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

Subject Property at 919 Central Avenue. Permit issued on August 12, 2005. Last day to appeal was August 29, 2005. Jurisdiction request received on August 31, 2005. Letter from Sharyn Loeb, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/08/12/0212. Permit Holder(s): Robert & Lisa Niers. Project: on 2-unit building; remodel existing building including relocating existing bathrooms in each unit; upgrade existing kitchens and electrical service; rebuild existing rear room on 1^st floor and roof deck due to excessive dry rot; replace and enlarge existing rear deck on 1^st floor; new mechanical units; repair existing siding and trim at front elevation.

ACTION: Upon motion by President Sugaya, the Board voted 3-1-1 (Vice President Fung dissented, Commissioner Garcia absent) to deny the jurisdiction request.

SPEAKERS: Sharyn Loeb, requestor; Robert Niers, co-permit holder.

(3B) REHEARING REQUEST:

Subject Property at 2615-2623 Pacific Avenue. Letter from David Silverman, attorney for Paul Chow, appellant(s), requesting rehearing of Appeal No. 05-122, Chow vs. DBI, PCD, decided August 24, 2005. At that time, upon motion by Commissioner Knox, the Board voted 2-2-1 (Commissioners Fung and Garcia dissented, Commissioner Albright absent) to uphold the denial of the subject permit. Four votes being required to overturn a departmental action under Charter § 4.106, the denial of the permit by the Planning Commission was upheld. Project: convert existing 5-unit apartment building into a single-family house; remove existing rear stair and roof; add new stair, elevator and roof; re-arrange existing units, size and location; excavate existing basement; alter existing elevation; sprinklers under separate permit, B.P.A. No. 2003/06/22/7590.

ACTION: Upon motion by Vice President Fung, the Board voted 4-0-1 (Commissioner Garcia absent) to reschedule the matter to October 5, 2005.

SPEAKERS: Lawrence Badiner, ZA; David Silverman, attorney for appellant.

(3C) ADOPTION OF FINDINGS:

Subject property at 4967-4969 – 17^th Street. Appeal No(s). 05-110, Clark vs. DBI, PCD, decided Sept. 7^th, 2005. At that time, upon motion by Commissioner Knox, the Board voted 5-0 to overrule the denial, and grant the subject permit. Project: merge two-units into single-family dwelling; remodel two floors throughout; existing “Ellis Act” property; BPA No. 2004/11/03/8481S.

ACTION: Upon motion by Vice President Fung, the Board voted 4-0-1 (Commissioner Garcia absent) to adopt the findings.

SPEAKERS: None.

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

Subject property at 1314-1316 – 7^th Avenue. Variance denied on December 9, 2004. Last day to appeal was December 20, 2004. Jurisdiction request received on March 3, 2005. Letter from Jeremy Paul, agent for Stanley Anastasio, requestor(s), asking that the Board take jurisdiction over variance decision 2004.0408V. Project: proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard. Note: if this jurisdiction request is granted, then Appeal No(s). V04-199, Item 4, filed on Dec. 21, 2005 and accepted in error one-day late by Board staff, may proceed to a hearing on the merits.

ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Commissioner Garcia absent) to reschedule the matter to October 19, 2005 at the written request of the parties.

SPEAKERS: None.

(4) APPEAL NO. V04-199

STANLEY ANASTASIO, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

1314-1316 – 7^th Avenue.

Appealing the denial on December 9, 2004, of Rear Yard Variance (proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard).

VARIANCE CASE NO. 2004.0408V.

FOR HEARING TODAY IF JURISDICTION REQUEST ABOVE IS GRANTED.

ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Garcia absent) to reschedule the matter to October 19, 2005 at the written request of the parties.

SPEAKERS: None.

(5) APPEAL NO. 05-109

SCOTT TICER & ILANA KOTIN, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1-3 Vicksburg Street.

Protesting the issuance on June 8, 2005, to Beitran Family Trust, Permit to Alter a Building (on 4-unit building: replace 3-story rear egress stair).

APPLICATION NO. 2005/06/08/4522.

PUBLIC HEARING HELD & CLOSED ON AUGUST 17, 2005. FOR FURTHER CONSIDERATION TODAY.

Note: Matter continued from Aug. 17, 2005 to allow time for DBI to consult with the Fire Dept. concerning firewall requirements.

ACTION: Upon motion by Vice President Fung, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold the permit with a finding that the replacement stairs are similar to the existing stairs.

SPEAKERS: Laurence Kornfield, DBI.

(6) APPEAL NO. 05-138

FALKO STRUNZ, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

121 Shotwell Street.

Protesting the issuance on July 26, 2005, to George Ouellette, 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.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to continue the matter to Dec. 7, 2005 with DBI to conduct a site visit for imminent life/safety issues.

SPEAKERS: Falko Strunz, appellant; Tom Corbett, agent for permit holder; Laurence Kornfield, DBI.

(7) APPEAL NO. 05-141

STANLEY & PALMA ANASTASIO, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

505 Church Street.

Appealing the denial on August 10, 2005, of Permit to Alter a Building (on 10-unit apartment/retail building: replace 65 aluminum windows with vinyl, double-hung windows).

APPLICATION NO. 2005/01/27/4175.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 2-2-1 (President Sugaya and Commissioner Knox dissented, Commissioner Garcia absent) to overrule the denial. 4 votes being required to overturn a departmental action, the denial was upheld.

SPEAKERS: Lawrence Badiner, ZA; Jeremy Paul, agent for appellants; John Barbey, for appellants.

(8) APPEAL NO. 05-111

KEVIN REED, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

3412 – 22^nd Street aka 994 Guerrero Street.

Appealing the suspension on June 10, 2005, of Building Permit Application No. 2004/08/26/2632. Reason(s) for suspension: the Planning Department believes that the current use (social service retail / medical cannabis) creates conditions that are hazardous and noxious or offensive, in violation of Planning Code § 202(c).

FOR HEARING TODAY.

ACTION: 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).

SPEAKERS: Lawrence Badiner, ZA; Joe Elford, attorney for appellant; David Diepenbrock, attorney for neighbors; Blair Moser, Andrew Segal, Julie Dilley, Beverly Wagstaff, Bob Frank, Nancy Deutsch, Sister Janice Therese Wellington, Meg Gorzycki, Anne Crawford, Barbara May, Marvin Edwards, Cathy Diepenbrock, Amy Risk, Risa Teitelbaum, Jeff Schaadt, Frank Wiley, Sherri Maurin, Karen Saux, Teresa Messino, Kathy Klausner, Virginia Mehegan, Peggy Corlett, Don Leonard, Barbara Russell, Linda Burch, Jay Cohen, Gloria Wallace, Stephane Saux, Shawna Wolverton, Asriel Levin, Mary Louise Beecroft, Veronica Gaynor, John Barbey, Gary Koll, Bob Cornwell, Kathy Oka, Dr. Dhadly, Donnan Creedon, Jennifer Segal, Charlie Moser, Francisco Cubias and William Woodruff, for DBI; Alex Franco, Paula Craig, Stephen Ronan, Michael Larson, Ojocion Ingram, Robert Marrs, Margaret Chesler, Rev. Randi Webster, Sonjia Miles, Michael Aldrich, Juan Cabezas, Cara Bersari, Emilio Aymat, Jonathan Beaver, Anthony Boss, Shona Gochenaur, Kapri Diaz, Evan Matteson, Michael Dane, Mellody Gannon, Michelle Aldrich, Sarah Shrader, Maria Molloy, and Ginger Pepper, for appellant; Dan Sider, PD.

There being no further business, President Sugaya adjourned the meeting at 10:06 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.

Meeting Information