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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

 MEETING MINUTES- WEDNESDAY, JUNE 7, 2006

 

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

 

PRESENT: 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); Johnson Ojo, Dept. of Public Health (DPH);Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; Claudine Woeber, Official Court Reporter.

 

ABSENT: President Frank Fung

 

 

(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.

 

SPEAKER: Tracy Hughes, appellant expressed her anger and frustration with the permit appeal process.

 

 

(2)         COMMMISSIONERS COMMENTS & QUESTIONS: 

 

SPEAKER: None.

 

 

(3)    ADDENDUM ITEMS: 

 

(3a)  REHEARING REQUEST:                                                

Subject property at 1070 Sanchez Street.  Letter from Tracey Hughes, appellant, requesting rehearing of Appeal No(s). 06-036/037, decided on May 3, 2006.   At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold both permits.  Permit Holder(s): Sanchez LLC.  Project: demolish a 2-story, single-family house with 1,000sf of ground floor area (BPA No. 2004/05/27/5002), and construct a 3-story, 2-unit building with 1,711 of ground floor area (BPA No. 2004/05/27/5004S).

 

ACTION:  Upon motion by Commissioner Katharine Albright, the Board voted 4-0-1 (President Fung absent) to deny the rehearing request.

 

SPEAKERS: Tracy Hughes, appellant; Alice Barkley, attorney for permit holder. 

 

PUBLIC COMMENT: Mary Ann Henningsen, great granddaughter of original occupant, urged the Board to save the building because of its historical connections.  Joe Butler said the building should be saved because of its history as a survivor of the 1906 earthquake.

 

 

(4)    APPEAL NO. 06-035

THET YU NAING

dba “SILVER ARCO”, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

 

2190 Carroll Avenue.

Appealing a 10-day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 8, 2006.  Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. FD-06-033.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Katharine Albright, the Board voted 4-0-1  (President Fung absent) to uphold the 10-day suspension.

 

SPEAKERS:  Johnson  Ojo, DPH; Thet Yu Naing, appellant. 

 

PUBLIC COMMENT: None.

 

 

 

(5)    APPEAL NO. 06-015

SUNRISE

SENIOR DEVELOPMENT, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

2420 Sutter Street.

Appealing a determination dated January 6, 2006, addressed to Steven Vettel at Morrison & Foerster LLP, that the proposed dementia special care facility is a residential care facility, and a housing project subject to the inclusionary housing requirements of Planning Code § 315.

PUBLIC HEARING HELD & CLOSED ON MARCH 15, 2006.  FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for Planning Staff to pursue possible legislative amendments, and for the OCA to review application of inclusionary housing requirements to assisted living situations.

 

ACTION:  Upon motion by Commissioner Sugaya, the Board voted 4-0-1 (President Fung absent) to reschedule the matter to June 21, 2006 at the written request of the parties.

 

SPEAKERS:  None. 

 

PUBLIC COMMENT: None.

 

 

 

(6)    APPEAL NO. 06-048

KARSTIN AXE-POISTER

& OTIS TURNER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

1856 Franklin Street.

Protesting the issuance on March 13, 2006, to D. Harvie LLC, Permit to Alter a Building (on 8-unit apartment building: renew BPA No. 2005/07/06/6958 (enlarge garage opening from 8’ to 12’)).

APPLICATION NO. 2006/03/13/6512.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Sugaya, the Board voted 4-0-1  (President Fung absent) to uphold the permit on a condition that elevation drawings be revised to show the as is and as proposed decorative treatment of façade (symmetrical fan design) and on condition that construction be limited to M-F, 8 a.m. to 5 p.m.

 

SPEAKERS:  Dean Preston, attorney for appellants; Andrew Zacks, attorney for permit holder; Laurence Kornfield, DBI; John Pollard, agent for permit holder; Pat Buscovich, agent for permit holder.

 

PUBLIC COMMENT: None.

 

 

(7)  APPEAL NO. 06-050

RICHARD & HOLLY LAWSON, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

1902 Green Street.

Protesting the issuance on March 21, 2006, to Garry Rayant & Kathy Fields, Site Permit to Alter a Building (on single-family house: add additional floor; extend 2nd floor     eight feet further to rear over existing 1st floor; add seismic bracing).

APPLICATION NO. 2001/12/04/4492S.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4-0-1 (President Fung absent)  to reschedule the matter to August 16, 2006 at the written request of the parties.

 

SPEAKERS:   None.

 

PUBLIC COMMENT: None.

 

 

 

ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:

(8A) APPEAL NO. 06-054

HENRY LAMAR, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

47-49 Cortland Avenue.

Protesting the issuance on April 5, 2006, to Ava Szeto, Permit to Alter a Building (on       2-unit building: remove illegal unit from garage area; remove illegal kitchen and bathroom from garage area; legalize laundry room; install two 1-hour doors with self closers in garage; cap all utilities at source; convert all other rooms to storage).

APPLICATION NO. 2006/04/05/8265.

FOR HEARING TODAY.

 

(8B) APPEAL NO. 06-055

EMILIA CHAVEZ

& MONICA MARTINEZ, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

47 Cortland Avenue.

Protesting the issuance on April 5, 2006, to Ava Szeto, Permit to Alter a Building (on       2-unit building: remove illegal kitchen and illegal unit; existing unit was illegally divided into two units; cap all utilities at source).

APPLICATION NO. 2006/04/05/8260.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4-0-1 (President Fung absent)   to uphold both permits.

 

SPEAKERS:  Karen Hall, attorney for appellants; David Wasserman, attorney for permit holder; Tom Corbett , agent for permit holder; Henry Lamar, appellant;  Laurence Kornfield, DBI;  Jonas Ionin, PD.

 

PUBLIC COMMENT: None.

 

 

There being no further business, Vice President Knox adjourned the meeting at 7: 20 pm.

 

____________________________________

Robert H. Feldman, Executive Secretary

 

 

Transcripts of these hearings can be obtained from official court reporter.