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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, SEPTEMBER 13, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Tina Tam, Senior Planner, Planning Department (PD); Laurence Kornfiled, Chief Building Inspector, Dept. of Building Inspection (DBI); Carla Short, Dept. of Public Works Bureau of Urban Forestry (DPW BUF); 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: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 74 Museum Way. Penalty paid on June 16, 2006. Last day to appeal was July 3, 2006. Jurisdiction request received on July 25, 2006. Letter from Nicole Tai, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2006/06/16/4259 for the purpose of filing a penalty appeal. Project: on 2-unit building, remove decks on 2nd and 3rd floor; insulate and patch siding to match exterior vinyl siding; remove illegal kitchen built in 1977; comply with NOV No. 200451036. Note: public hearing held and closed on August 16, 2006; for further consideration today; matter continued to allow DBI time to review possibility of administrative reduction of penalty.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to deny the jurisdiction request (since DBI administratively reduced the penalty).
SPEAKER: Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(3b) ADOPTION OF FINDINGS:
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Subject property at 504 – 6th Street. Appeal No. 06-039, Hicks vs. DBI, PDD, decided August 16, 2006 at a rehearing. At that time, 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. Project: construction of sign (ground, non-electric, single-faced, 14’ X 48’, with 672sf of total surface area), BPA No. 2005/10/11/5200.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to October 4, 2006, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1735 Van Ness Avenue. Permit issued on July 24, 2006. Last day to appeal was August 8, 2006. Jurisdiction request received on August 28, 2006. Letter from Harold Darling, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2006/07/24/7390. Permit Holder(s): Trophy Properties VII LLC. Project: demolish old cabinets, install new ones, no changes to partition window, no structural. Note: Appeal No. 06-122, filed on August 14, 2006 and scheduled for hearing on Oct. 11, 2006, involves a revision permit at the subject property (BPA No. 2006/08/11/9260, on multi-unit apartment building: revision to BPA No. 2006/07/24/7390; increase valuation from $45,000 to $75,000; pay additional fees).
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to deny the jurisdiction request.
SPEAKERS: Harold Darling, requestor; Edward Singer, attorney for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(3d) REHEARING REQUEST:
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Subject property at 400 Paul Avenue. Letter from Alice Barkley, attorney for 400 Paul Wave Exchange LLC, appellant, requesting rehearing of Appeal No. 06-092, 400 Paul Wave Exchange LLC vs. ZA, decided August 16, 2006. At that time, upon motion by Commissioner Haaland, the Board voted 3-2 (President Fung and Vice President Knox dissented) to uphold the ZA’s determination. Determination: that an additional extension of time in which to meet the obligations of the Conditional Use Authorization (construction of a 4-story, 330,000sf internet services exchange facility) cannot be granted, and therefore, the 3-year time limit (including the previous one year extension) terminated on May 16, 2006.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Vice-President Knox dissented) to deny the rehearing request.
SPEAKER: Alice Barkley, attorney for appellant.
PUBLIC COMMENT: None.
(4) APPEAL NO. 06-094
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ANDREW FERRIGNO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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700E Taylor Street.
Appealing the imposition of penalty on June 7, 2006, for work done without a permit (various electrical work including installation of electric heaters).
APPLICATION NO. E200605238052.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the penalty.
SPEAKERS: Laurence Kornfield, DBI; Chris Ferrigno, agent for appellant.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-107
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LAKESIDE PROPERTY
OWNERS ASSOCIATION, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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Junipero Serra Blvd. Greenbelt (from Rossmore Drive to Stratford Drive).
Protesting the issuance on July 11, 2006, of Permit to Remove and Replace Twenty-Five (25) Trees.
ORDER NO. 176,181.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5-0 to uphold the order as to removal, and overturn the order as to maintenance responsibility, with adoption of findings as prepared by the Office of the City Attorney (OCA).
SPEAKERS: Carla Short, DPW, BUF; Allen Grossman, attorney for appellant.
PUBLIC COMMENT: Bill Schneider said ten of the trees can be pruned and need not be cut down.
Margaret Lyman spoke in support of the appellant.
Hal McDermid said three groups are here, ie, properties fronting on Denslowe, Stratford and Lakeside. The City is ignoring its responsibility given the history of the strip. The Monterey Cypress can be pruned.
Bruce Grimes said the strip is no longer a greenbelt but rather a black belt because of all the trash that accumulates on it and it is used as a dump, and that one of the old trees fell and nearly hit his house. New trees are called for.
Linda Liebett said she never has seen anything that says owners are responsible for the trees.
Ashley Ferry said the greenbelt is very important to people and animals, and that the canopy is special for some animals.
Uma Sinha said the issue is the heavy traffic that uses this part of Junipera Serra Blvd., and that without the trees the noise will increase.
Brian Bonner urged the Board to reject the DPW order.
Norma Campbell is ashamed of the City because of the noise and trash in this area, which has many facilities, churches, high schools, colleges, and students parking along curbs.
Wolfgang Liebelt said there is significant opposition to removal of the trees, and that the DPW website says owners are responsible for small portion, but not the rest of it.
Bill Mahar said he used to live in this area and he is appalled at what has happened to the greenbelt.
(6) APPEAL NO. 06-109
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GALINA SMIRNOVA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1270-1272 – 47th Avenue.
Protesting the issuance on July 11, 2006, to W. Szmokaluk, Permit to Alter a Building (on 2-unit building: remove sheet rock; sand and refinish floors; repair bathroom tile; paint walls; replace dishwasher; comply with NOV No. 200670570; all work in Unit 1272).
APPLICATION NO. 2006/07/11/6185.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to revoke the permit (with an oral directive to DBI to examine the livability of the subject unit).
SPEAKERS: Galina Smirnova, appellant; Tina Tam, PD; permit holder did not appear.
PUBLC COMMENT: None.
(7) APPEAL NO. 06-110
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SPORTS BASEMENT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1590 Bryant Street.
Appealing a determination dated July 20, 2006, addressed to Tony Sanchez-Corea, concerning a proposal at the subject property for a 54,000 gross square foot Sports Basement store (retail sales and services facility).
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5-0 to uphold the determination.
SPEAKERS: Tina Tam, PD; Tony Sanchez-Corea Jr., agent for appellant; David Rumberg, subject property owner and agent for appellant.
PUBLIC COMMENT: None.
(8) APPEAL NO. V06-111
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EDWARD BRAUER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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289 Frederick Street.
Protesting the granting on July 17, 2006, to David Smith & Millicent Buxton-Smith, Rear Yard and Non-Complying Structure Variances (construction of a one-story side horizontal addition at the existing west side setback located towards the rear of the house, and construction of a rear horizontal addition at all three levels).
VARIANCE CASE NO. 2005.1012V.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice-President Knox, the Board voted 5-0 to uphold the variance.
SPEAKER: Bill Mahar, agent for appellant; appellant did not appear.
PUBLIC COMMENT: None.
There being no further business, President Fung adjourned the meeting at 8:55 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from the Official Court Reporter.
