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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES- WEDNESDAY, MAY 17, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Hisashi Sugaya, Commissioner Katharine Albright and Commissioner Michael Garcia
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Jonas Ionin, Senior Planner, Planning Department (PD); Cecilia Mangoba, Deputy City Attorney, Dept. of Public Health (DPH);Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; 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) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS: None.
(4) APPEAL NO. 06-026
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JOHN SEAMON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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620 Jones Street.
Appealing the denial on February 24, 2006, of Permit to Alter a Building (interior demolition; new interior walls and doors; new finishes; at penthouse 13th floor).
APPLICATION NO. 2005/12/15/0349.
PUBLIC HEARING HELD & CLOSED ON APRIL 19, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant and the Planning Dept. to submit additional documents pursuant to the Board’s comments.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to overrule the denial on condition that plans be provided to the Planning Dept. which show (171) residential hotel rooms and (1) dwelling unit, with a finding that the proposal is consistent with the non-conforming use.
SPEAKERS: Jonas Ionin, PD; John Seamon, appellant
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-040
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1169-1177
TENNESSEE STREET INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1169-1777 Tennessee Street.
Appealing a determination dated March 6, 2006, addressed to Regan Carroll, concerning the routing of all building permit applications, renewals, extensions, addendums, and revisions for the subject property.
FOR HEARING TODAY.
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ACTION: Withdrawn at hearing.
SPEAKERS: Jonas Ionin, PD; Thomas Lippe, attorney for appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 06-041
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REGAN CARROLL TRUST, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1179-1189 Tennessee Street.
Appealing a determination dated March 6, 2006, addressed to Regan Carroll, concerning the routing of all building permit applications, renewals, extensions, addendums, and revisions for the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to not recuse Deputy City Attorney Catharine Barnes. Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the Zoning Administrator’s determination.
SPEAKERS: Jonas Ionin, PD; Thomas Lippe, attorney for appellant; Regan Canoll, appellant; Laurence Kornfield (DBI).
PUBLIC COMMENT: Joe Boss of DogPatch neighborhood association said much effort went into creating the historic district and it was important to have its regulations implemented.
(7) APPEAL NO. 06-042
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MIKE NAJDAWI
dba “SILVER GAS & DIESEL”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2400 San Bruno Avenue.
Appealing a 30-day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 9, 2006. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-06-029.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4-1 (Commissioner Sugaya dissented) to uphold the 30 day suspension.
SPEAKERS: Cecilia Mangoba, DPH; Dean Najdawi, agent for appellant.
PUBLIC COMMENT: Amer Riad Bseiso and Fred Museitef spoke in support of the appellant.
(8) APPEAL NO. 06-043
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CALY BENVENUTTO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1837 Webster Street.
Protesting the issuance on March 13, 2006, to Ken Block, Permit to Alter a Building (on 3-unit apartment building: remodel bathroom and kitchen in all units; provide new windows at living room in all units; windows to be wood, double-hung, double glazed).
APPLICATION NO. 2005/10/31/6933.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit.
SPEAKERS: Ken Bloch, permit holder; appellant did not appear.
PUBLIC COMMENT: None.
(9) APPEAL NO. 06-044
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1047 POLK STREET INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1047 Polk Street.
Appealing a Notice of Violation dated March 9, 2006, addressed to Pacific Realty Company, that the subject property is being used illegally as an adult entertainment establishment, and that unauthorized business signs exist at the subject property.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None
PUBLIC COMMENT: None.
(10) APPEAL NO. 05-217
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KEVIN HICKS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3079 Broderick Street.
Appealing a Stop Work Order Request dated December 15, 2005, addressed to Acting Director Amy Lee of the Dept. of Building Inspection, asking that a stop work order be implemented for the pending installation of a wall sign at the subject property.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(11) APPEAL NO. 06-038
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MICHAEL PATEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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432 Geary Street.
Appealing the denial on August 9, 2005, of Permit to Erect a Sign (non-electric, wall, single-faced, painted wall, 30’ X 59’, with 1,770sf of total surface area).
APPLICATION NO. 2002/02/01/8317.
JURISDICTION GRANTED MARCH 1, 2006.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to reschedule the matter to June 21, 2006 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(12) APPEAL NO. 06-039
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KEVIN HICKS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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504 – 6th Street.
Appealing the denial on March 6, 2006, of Permit to Erect a Sign (ground, non-electric, single-faced, 14’ X 48’, with 672sf of total surface area).
APPLICATION NO. 2005/10/11/5200.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial and grant the permit with findings to be adopted at a later date.
SPEAKERS: Jonas Ionin, PD; Alice Barkley, attorney for the appellant; Laurence Kornfield, DBI; Gerald Murphy, attorney for appellant.
PUBLIC COMMENT: None.
There being no further business, President Fung adjourned the meeting at 8:35 pm.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from official court reporter.
