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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, SEPT. 14, 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, Commissioner Randall Knox, and Commissioner Michael Garcia.

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Senior Planner, Planning Department (PD); 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: None.

(2) COMMISSIONERS COMMENTS & QUESTIONS:

SPEAKERS: None.

(3) ADDENDUM ITEMS:

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

Subject property at 425 – 1^st Street aka 1 Rincon Hill. Planning Commission Motion adopted on August 4, 2005. Last day to appeal was August 19, 2005. Jurisdiction request received on September 2, 2005. Letter from Rene Avanessian, requestor(s), asking that the Board take jurisdiction over Planning Commission Motion No. 17077, which authorizes a determination of compliance under Planning Code § 309.1 for a proposal to construct a new residential project that would consist of approximately 709 dwelling units, up to 709 off-street parking spaces, and approximately 3,200 gross square feet of retail, and for the granting of an exception to allow greater than one parking space for every two dwelling units under Planning Code §§ 151.1(d) and 309.1(d)(8)(A). Project Sponsor(s): Rincon Ventures LLP.

ACTION: Withdrawn by requestor.

SPEAKERS: None.

(3B) 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 5-0 to reschedule the matter to September 21, 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 President Sugaya, the Board voted 5-0 to reschedule the matter to September 21, 2005 at the written request of the parties.

SPEAKERS: None.

(5) APPEAL NO. 05-137

ROBERT V. CUEVA, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1636-1638 Great Highway.

Appealing the imposition of penalty on August 3, 2005, for work done without a permit (response to NOV no. 200558996; demolish illegal 3^rd dwelling unit on ground floor; remove kitchen and bathroom and provide for permitting of storage rooms).

APPLICATION NO. 2005/07/27/8735.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to reschedule the matter to November 2, 2005 at the written request of the parties.

SPEAKERS: None.

(6) APPEAL NO. 05-130

7-ELEVEN NO. 33501H, Appellant(s)

vs.

DEPT. OF PUBLIC HEALTH, Respondent

564 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. 04-05-269.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to continue the matter to November 9, 2005, with additional documents due Thursday prior to hearing, and with the public hearing closed.

SPEAKERS: Lisa O’Malley, DPH; Jim Parinello, attorney for appellant; David Fink, agent for appellant.

(7) 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: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to November 9, 2005, with additional documents due Thursday prior to hearing.

SPEAKERS: Kenny Wong, DPH; Anders Johnson, attorney for appellant.

(8) 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: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to November 9, 2005, with additional documents due Thursday prior to hearing.

SPEAKERS: Kenny Wong, DPH; Anders Johnson, attorney for appellant.

(9) APPEAL NO. V04-204

ELIZABETH FREITAS, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

1915 Diamond Street.

Appealing the denial on December 16, 2004, of Minimum Lot Area & Rear Yard Variances (proposal is to subdivide an existing through lot of approximately 4,322sf into two separate lots).

VARIANCE CASE NO. 2004.1108V.

FOR HEARING TODAY.

ACTION: Withdrawn by appellant.

SPEAKERS: None.

(10) APPEAL NO. 05-134

SIERRA INDUSTRIES WEST LP, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

290 Division Street.

Appealing a Notice of Violation dated July 14, 2005, addressed to Sierra Industries West LP, that B.P.A. No. 2002/10/17/9237 for a general advertising sign at the subject property was issued in error, that the sign constructed pursuant to this BPA was constructed on the roof instead of the exterior wall, that a second sign has been constructed on the roof, and that both roof signs are visible from the freeway, in violation of Planning Code §§ 175, 608.5, & 611.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to reschedule the matter to November 9, 2005 at the written request of the parties.

SPEAKERS: None.

(11) APPEAL NO. 05-112

FRANKLIN CHAN, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

§ 14 Parties: BETH LEWIS & RICHARD LOWDEN

575 – 25^th Avenue.

Appealing the denial on June 14, 2005, of Site Permit to Alter a Building (on single-family house: two-story horizontal addition to rear of existing building as per plan; one-story additional height to existing building as per plan).

APPLICATION NO. 2003/08/26/3071S.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the subject permit with revised plans and the following condition(s): a) that the full bath at basement level be changed to a ½ bath; b) that the Japanese maple trees in the back yard be retained; c) that hours of construction be limited to 8am to 6pm, Monday through Friday; and d) that the 3 foot light well be expanded to 5 feet.

SPEAKERS: Beth Lewis, Sec. 14 Party; Franklin Chan, appellant; Jonas Ionin, PD; Calvin Chan, subject property owner; Richard Lowden, Sec. 14 Party; Laurence Kornfield, DBI.

(12) APPEAL NO. 05-135

ANNA YAN, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

318 – 22^nd Avenue.

Protesting the issuance on July 20, 2005, to Yuen Hung Lam, Permit to Alter a Building (on single-family house: change existing roof to roof deck; extend existing parapet walls).

APPLICATI ON NO. 2005/07/20/8153.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to uphold the permit on condition that the railing be open or transparent.

SPEAKERS: Anna Yan, appellant; CJ Higley, attorney for permit holder;

(13) APPEAL NO. 05-136

GUADALUPE RAMIREZ, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1184 Geneva Avenue.

Protesting the issuance on July 21, 2005, to Flordeliza Tarifa, Permit to Alter a Building (on single-family house: removal of unlawful kitchen located at 2^nd floor to comply with NOV No. 200559369; work at 2^nd floor only).

APPLICATI ON NO. 2005/07/21/8312.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 4-1 (President Sugaya dissented) to uphold the permit.

SPEAKERS: Raquel Fox, attorney for appellant; Hector Chinchilla, attorney for permit holder; Jonas Ionin, PD; Laurence Kornfield, DBI.

There being no further business, President Sugaya adjourned the meeting at 8:30 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