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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 11, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Vice President Sabrina Saunders, Commissioner Frank Fung, Commissioner Randall Knox, and Commissioner Mike Garcia.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Dr. Rajiv Bhatia (DPH); 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: Eileen Boken.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 26 Van Ness Avenue. Suspension of permit by Dept. of Public Health (DPH) dated April 13, 2005. Last day to appeal was April 28, 2005. Jurisdiction request received on May 2, 2005. Letter from Ki Soon Chung dba “Van Ness Keno Ice Cream”, requestor(s), asking that the Board take jurisdiction over the suspension of a Tobacco Product Sales Establishment Permit.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to grant the request for jurisdiction.
SPEAKERS: Ki Soon Chung, requestor; Dr. Rajiv Bhatia, DPH.
(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1314-1316 – 7th 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.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the hearing to July 20, 2005 at the written request of the parties.
SPEAKERS: None.
(4) APPEAL NO. V04-199
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STANLEY ANASTASIO, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1314-1316 – 7th 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.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the hearing to July 20, 2005 at the written request of the parties.
SPEAKERS: None.
(5) CONSENT ITEMS (DBI PENALTY):
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With the consent of the Dept. of Building Inspection, the Board will proceed to a vote without testimony to reduce the penalty (investigation fee) to two times the regular fee as provided for in the Building Code. Without consent the Board will take testimony and then decide the appeal.
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(5A) APPEAL NO. 05-050
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RITA RABINOVICH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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631 –19th Avenue.
Appeal for refund of penalty imposed on March 14, 2005 for work done without a permit (on single-family house: partial compliance with NOV No. 200455469; remodel kitchen and bathroom on 2nd floor; insulate exterior walls; remove and replace sheetrock; separate permit to be filed for remaining part of NOV to legalize ground floor rooms).
APPLICATION NO. 2005/03/14/7471.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to reduce the penalty to 5 times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Rita Rabinovich, appellant.
(6) APPEAL NO. 04-066
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JAMIE YUEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on June 10, 2004, of medallion no(s). 1100.
RESOLUTION NO. 2004-31.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the hearing to June 29, 2005 at written the request of the parties.
SPEAKERS: None.
(7) APPEAL NO. 04-073
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DIANE COHEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on June 18, 2004, of medallion no(s). 1147.
RESOLUTION NO. 2004-37.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the hearing to June 29, 2005 at written the request of the parties.
SPEAKERS: None.
(8) APPEAL NO. 04-122
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BORIS SHAMIS, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the suspension on September 1, 2004, of a Driver of Public Passenger Vehicle For Hire Permit.
PERMIT NO. 055382.
RESOLUTION NO. 2004-48.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the hearing to June 29, 2005 at written the request of the parties.
SPEAKERS: None.
(9) APPEAL NO. 05-046
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MUHAMMAD NUR ELDIN
SUBLADAN dba “INTERNATIONAL
HOUSE OF WINE & SPIRITS, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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395 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 9, 2005. Reason(s) for suspension: selling tobacco products to minors and selling tobacco products without a valid permit from the Dept. of Public Health (DPH).
DIRECTOR’S CASE NO. 04-05-115.
FOR HEARING TODAY.
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ACTION: (1) Upon motion by Commissioner Knox, the Board voted 5-0 to overrule DPH and impose a 30-day suspension (and also uphold the $100 penalty, imposed for not having a permit). (2) Upon motion by Commissioner Garcia, the Board voted 5-0 to rescind the previous vote. (3) Upon motion by Vice President Saunders, the Board voted 5-0 to overrule DPH and instead impose a 20-day suspension.
SPEAKERS: Dr. Rajiv Bhatia, DPH; M. Nur Eldin Sublaban, appellant.
(10) APPEAL NO. 05-048
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CHARALBOS FRAGAKIS
dba “BEL-CLIFT MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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516 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 9, 2005. Reason(s) for suspension: selling tobacco products to minors and selling tobacco products without a valid permit from the Dept. of Public Health (DPH).
DIRECTOR’S CASE NO. 04-05-116.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to overrule DPH and impose a 20-day suspension.
SPEAKERS: Dr. Rajiv Bhatia, DPH; Charalabos Fragakis, appellant; Marianne Fragakis, wife of appellant; Samir Jajeh, for appellant.
(11) APPEAL NO. 04-194
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KELLIE SERINGER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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2169 Folsom Street #M305.
Appealing the denial on December 15, 2004, of Permit to Alter a Building (on a condo/live-work unit: general renovation of interiors of bathrooms, bedrooms, living areas and roof decks; seismic reinforcing; horizontal extension on to north roof deck; sprinklers under separate permit).
APPLICATION NO. 2004/08/23/2307.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-1 (Commissioner Fung dissented) to overrule the denial with a finding that the expansion is a commercial space that is publicly accessible from the stairway/hallway, and that it is separated from the living/habitable space.
SPEAKERS: Jonas Ionin, PD; Andrew Dunbar, agent for appellant; Kellie Seringer, appellant.
(12) APPEAL NO. 05-002
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GARY RAUGH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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2220-2222 Sacramento Street.
Appealing the denial on January 4, 2005, of Site Permit to Alter a Building (application association with variance case no. 2004.0061V to reflect as-built conditions of garage door; to resolve NOV no. 200341797).
APPLICATION NO. 2004/10/18/7116S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the hearing to June 8, 2005 at the request of the OCA.
(13) APPEAL NO. 05-041
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KATHY BOLE
& PAUL KLINGENSTEIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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19 – 7th Avenue.
Appealing the denial on March 9, 2005, of Permit to Alter a Building (on single-family house: add bay window at front).
APPLICATION NO. 2004/12/20/1790.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the hearing to May 18, 2005 at the request of the OCA.
ITEMS (14A) & (14B) SHALL BE HEARD TOGETHER:
(14A) APPEAL NO. 05-043
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ROSITA CAREY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1921 Palou Avenue.
Protesting the issuance on February 28, 2005, to Van D. Truong, Site Permit to Erect a Building (2-story, single-family house with 1,584sf of ground floor area).
APPLICATION NO. 2001/10/04/9988S.
FOR HEARING TODAY.
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(14B) APPEAL NO. 05-044
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RUTH & PHILLIPPE LEWIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1921 Palou Avenue.
Protesting the issuance on February 28, 2005, to Van D. Truong, Site Permit to Erect a Building (2-story, single-family house with 1,584sf of ground floor area).
APPLICATION NO. 2001/10/04/9988S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to uphold the permit.
SPEAKERS: Ruth Lewis, appellant; Jeremy Paul, agent for permit holder; Jonas Ionin, PD; Laurence Kornfield, DBI.
(15) APPEAL NO. 05-045
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MICHAEL SUH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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9 Seal Rock Drive.
Protesting the issuance on March 9, 2005, to Reznikov Vyacheslav, Permit to Alter a Building (on single-family house: patio construction; deck construction; replace an existing deck with larger; revision to BPA No. 2004/06/23/7194; scope of work revised to show replacement, not repair).
APPLICATION NO. 2004/08/17/1796.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit.
SPEAKERS: Ramiro Castro, attorney for appellant; Michael Suh; appellant; Matt Lowe, agent for permit holder; Viktoriya Reznikova, wife of permit holder; Vyacheslav Reznikov, permit holder; Laurence Kornfield, DBI.
(16) APPEAL NO. 05-047
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WILLARD McDONALD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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20 Cragmont Avenue.
Protesting the issuance on March 1, 2005, to Mary Tom, Site Permit to Erect a Building (3-story, single-family house with 1,250sf of ground floor area).
APPLICATION NO. 2004/04/07/0748S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to uphold the permit with conditions as read into the record by the permit holder’s architect.
SPEAKERS: Joan McDonald, appellant; Steven Antonaros, architect for permit holder; Tony Kim, agent for permit holder; Carol Mueller, for permit holder; Jonas Ionin, PD.
(17) APPEAL NO. 05-049
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ELIZABETH GEARY
& JONATHAN LICHTMACHER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: N/A (Mandatory DR)
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141-143 Parnassus Avenue.
Appealing the denial on March 4, 2005, of Permit to Alter a Building (on 4-unit residential building: install new doorway to convert 2 units into 1).
APPLICATION NO. 2004/05/26/4872.
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; Liza Geary, co-appellant; Jonathan Lichtmacher, co-appellant; Margaret McKelvce, for appellants; Jeremy Paul, for appellants; Janan New, for appellants; John Maniscalco, for appellants; Ellen Haller, for appellants; Maureen Minnis, for appellants; Rondall Lane, for appellants; Michael Bykousky, for appellant; Jennifer Matz, for appellants; Erica Gorman, for appellants; Andrew Dunbar, for appellants; Dr. Rajiv Bhatia, for appellants.
There being no further business, President Sugaya adjourned the meeting at 9:30 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.
