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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 15, 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 Hisashi Sugaya.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Lawrence Badiner, Zoning Administrator, Planning Department (ZA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Cecilia Mangoba, Deputy City Attorney for the Dept. of Public Health (DPH); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
NOTE: ITEM 1 (CLOSED SESSION) SHALL BEGIN EARLY AT 4:30PM:
(1) CLOSED SESSION FOR PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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A. Public comment on all matters pertaining to this closed session.
B. Closed session. Routine performance evaluation of Executive Secretary, Robert Feldman (CA Gov't Code § 54957 and SF Admin Code § 67.10 ).
C. Open session. Reconvene in open session. Motion and vote whether to exercise discretion either (1) not to disclose or (2) to disclose any non-confidential portion of the closed session discussion (SF Admin Code § 67.12(a)).
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-0-2 (Vice President Knox and Commissioner Albright absent) to enter into closed session. Afterwards, upon motion by Vice President Knox, the Board voted 5-0 to reveal the discussion held in closed session.
SPEAKERS: None.
(2) 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.
(3) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Subject property at 1420 Haight Street. Letter from Mark Brennan, attorney for John Brennan, appellant, requesting rehearing of Appeal No. V05-175, Brennan vs. ZA, decided Jan. 18, 2006. At that time, upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject variance with adoption of the Zoning Administrator’s findings. Variance Holder: Mehran Esmaili. Project: Rear Yard & Non-Complying Structure Variances (stair penthouse and elevator mechanical equipment constructed without permits at the rear of the roof of the subject building); Variance Case No. 2004.1203V.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to deny the rehearing request.
SPEAKERS: Mark Brennan, attorney for appellant; David Levy, attorney for variance holder.
(4b) REHEARING REQUEST:
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Subject property at 2646-2648 Hyde Street. Letter from Stephen Williams, attorney for Arza Trust, appellant, requesting rehearing of Appeal No. 05-193, Arza Trust vs. DBI, PDA, DECIDED Jan. 18, 2006. At that time, upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject permit. Permit Holder: Marla McGowan. Project: on 2 –unit building, replace stairs at rear of building – in kind, B.P.A. No. 2005/07/15/7691.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to deny the rehearing request.
SPEAKERS: Stephen Williams, attorney for appellant; Jeremy Paul, agent for permit holder.
(5) APPEAL NO. 05-138
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FALKO STRUNZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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121 Shotwell Street.
Protesting the issuance on July 26, 2005, to George Quellette, Permit to Alter a Building (on 6-unit apartment building: remove illegal occupancy in basement per NOV; remove illegal plumbing work; remove illegal electrical work).
APPLICATION NO. 2005/07/26/8665.
PUBLIC HEARING HELD & CLOSED ON SEPT. 21, 2005. Note: Matter continued to allow time for appellant to relocate, and with DBI to conduct a site visit for imminent life/safety issues.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit.
SPEAKERS: Laurence Kornfield, DBI; appellant and permit holder did not appear.
(6) APPEAL NO. 06-001
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TARA HOUSMAN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 4, 2005, of Driver of Public Passenger Vehicle for Hire Permit (P44) due to non-payment of fees.
PERMIT (A-CARD) NO. 068767.
JURISDICTION GRANTED DEC. 14, 2005.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to overrule the revocation on condition that the appellant pay the renewal fees and penalties.
SPEAKERS: Tara Housman, appellant.
(7) APPEAL NO. 05-214
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KHALED ABDOROBINHE
dba “BARAH DELI
& GROCERY MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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200 Leavenworth Street.
Appealing a 10-day suspension of a Tobacco Product Sales Establishment Permit, imposed on December 14, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-461.
FOR HEARING TODAY.
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ACTION: Upon motion Commissioner Garcia, the Board voted 5-0 to uphold the 10-day suspension.
SPEAKERS: Cecilia Mangoba, DPH; Robert Ziegler, SFPD; Fatima Ghazi, agent for appellant.
(8) APPEAL NO. 04-019
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OCEAN PARC VILLAGE
HOMEOWNER’S ASSOCATION, Appellant(s)
vs.
PLANNING DEPARTMENT, Respondent
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730 Great Highway.
Protesting the issuance on March 8, 2004, to Tom and Breda MacDonald & KTH LLC, Coastal Zone Permit Authorization (proposal is to construct a new 3-story, 4-unit building approximately 32 feet in height on a vacant lot).
CASE NO. 2003.1009P.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
(9) APPEAL NO. 05-202
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JOHN TYNAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1960, 1980-1998 Golden Gate Avenue.
Protesting the issuance on November 23, 2005, to Prana Eight Properties LLC, Permit to Alter a Building (on 12-unit apt. building: response to NOV No. 200338880; remove 2 illegal ground floor dwelling units; remove defective bathroom on 1st floor; remove existing defective rear exit stair and deck; provide new required exit with fire-escape per “local equivalency”; provide new kitchen and bathroom for existing 4th floor apartments).
APPLICATION NO. 2003/12/02/1446.
FOR HEARING TODAY.
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ACTION: Upon motion Commissioner Albright, the Board voted 5-0 to reschedule the matter to March 1, 2006.
SPEAKERS: Raquel Fox, attorney for appellant; Laurence Kornfield, DBI; Curtis Dowling, attorney for permit holder; Lawrence Badiner, ZA; Joe O’Donoghue, for appellant.
(10) APPEAL NO. 05-212
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AMIR ZAVIEH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2124 Hyde Street.
Protesting the issuance on December 9, 2005, to B.F. Herman, Permit to Alter a Building (on 7-unit apartment building: remodel kitchen in unit nos. 1,4,5 and 6; replace cabinets and counters; no structural work; comply with NOV no. 200564773).
APPLICATION NO. 2005/12/09/9928.
FOR HEARING TODAY.
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ACTION: Withdrawn at hearing.
SPEAKERS: Raquel Fox, attorney for appellant.
(11) APPEAL NO. 05-216
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IVAN ABESHAUS, WENDY OSBOURNE,
JONATHAN KONNAN, NICOLE MAJORS,
WHITNEY SMITH, CARMEN CORDOVEZ,
KILLIAN O’SULLIVAN, & LAUREN HALL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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32 Cunningham Place.
Protesting the issuance on December 16, 2005, to Eric Neplokh, Permit to Alter a Building (on 2-unit building: install roof deck at 2nd floor at rear of building).
APPLICATION NO. 2005/12/16/0525.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to uphold the permit with the following conditions: a) that there be a seven (7) foot - six (6) inch setback from the rear roof edge; b) that the railing be of slated wood as proposed in the appellant’s brief; and c) that there be no limit on the width of the deck.
SPEAKERS: Ivan Abeshaus, co-appellant; Lu Blazej, agent for permit holder; Lawrence Badiner, ZA; Laurence Kornfield, DBI.
(12) APPEAL NO. 06-002
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GAETANO ZANELLI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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60 Clarendon Avenue.
Protesting the issuance on December 20, 2005, to Tom McGrath, Site Permit to Erect a Building (4-story single-family house).
APPLICATION NO. 2004/04/22/2053S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to uphold the permit.
SPEAKERS: Eric McFarland, attorney for appellant; James Reuben, attorney for permit holder; Michael Hickey, and Greg Clarke, for permit holder.
ITEMS (13A) & (13B) SHALL BE HEARD TOGETHER:
(13A) APPEAL NO. 06-003
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JOYCE BOOK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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785 San Bruno Avenue.
Protesting the issuance on December 20, 2005, to Joseph Bradford, Permit to Demolish a Building (one-story, single-family house with 560sf of ground floor area).
APPLICATION NO. 2003/10/29/8851.
FOR HEARING TODAY.
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(13B) APPEAL NO. 06-004
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JOYCE BOOK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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785 San Bruno Avenue.
Protesting the issuance on December 20, 2005, to Joseph Bradford, Site Permit to Erect a Building (3-story, 2-unit residential building with 1,250sf of ground floor area).
APPLICATION NO. 2003/10/29/8854S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to uphold both permits with the following conditions: a) that revised plans be submitted showing the new elevations pursuant to the subject survey (with a copy to the appellant); and b) that the DBI plan checker take notice that a State permit is required from the Bay Area Air Quality Management District.
SPEAKERS: Joyce Book, appellant; Joseph Bradford, permit holder; Laurence Kornfield, DBI.
There being no further business, President Fung adjourned the meeting at 8:35 p.m.
________________________________
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter. TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – FEBRUARY 15, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: None.
(2) PUBLIC COMMENT: None.
(3) PUBLIC COMMENT: None.
(4a/b) PUBLIC COMMENT: None.
(5) PUBLIC COMMENT: None.
(6) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: None.
(8) PUBLIC COMMENT: None.
(9) PUBLIC COMMENT: Joe O’Donoghue spoke in support of appellant.
(10) PUBLIC COMMENT: None.
(11) PUBLIC COMMENT: None.
(12) PUBLIC COMMENT: Michael Hickey for Permit Holder said project is appropriate on site and urged approval.
Greg Clarke for Permit Holder said project is a good one and is harmony with area and should be approved.
(13a/b) PUBLIC COMMENT: None.
