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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 6, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Katharine Albright, Commissioner Frank Fung, Commissioner Robert Haaland, Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; Joel Case, 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) SPECIAL ITEM:
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Discussion and possible action to approve job description for Executive Director of Board of Appeals. Explanatory documents (draft job descriptions) are available for review at the Board office.
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ACTION: Rescheduled to February 13, 2008.
(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
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Subject property at 4441-4445 & 4451-4455 Mission Street. Appeal Nos. 07-135, 07-149 & 07-156, decided Dec. 12, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to overrule all three Letters of Determination with adoption of findings at a later date. ZA Letters of Determination: that the applications for development at the subject property continue to comprise a single housing project and as such, is subject to the inclusionary housing requirements of the Planning Code, and that this project is required to provide a minimum of one (1) inclusionary housing unit.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to reschedule the matter to February 13, 2008.
SPEAKERS: Brett Gladstone, attorney for appellant; Sia Tahbazof, appellant.
PUBLIC COMMENT: Eric Wong spoke in favor of the appellant.
(5) APPEAL NO. 07-048
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EDWARD IP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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834 – 44th Avenue.
Appealing a Notice of Decision by the Director of the Dept. of Building Inspection, dated April 11, 2007, which revokes BPA No. 2004/12/16/1565 for the reason that an unlawful residential demolition took place at the subject property.
PUBLIC HEARINGS HELD & CLOSED ON JUNE 20, 2007 & JAN. 23, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow additional time for appellant to seek a settlement with adjacent neighbors.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to uphold the revocation, and uphold the NOD.
SPEAKERS: Heston Chau, agent for appellant; Laurence Kornfield, DBI.
PUBLIC COMMENT: Helen Tam and Cerise Cheng spoke in favor of the DBI.
(6) APPEAL NO. 07-172
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KENNETH MUIR
& MARGARET RUEGER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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1616 Taylor Street.
Protesting the issuance on September 4, 2007, to NVI Investments, Permit to Alter a Building (on 11-unit apartment building: install solar hot water system; comply with complaint No. 200719654).
APPLICATION NO. 2007/09/04/1620.
PUBLIC HEARING HELD & CLOSED ON DEC. 12, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to submit additional documents pursuant to the Board’s comments.
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ACTION: Matter withdrawn by the appellants.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-211
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SIU WAN TAM LAM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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859 Vallejo Street.
Appealing the imposition of penalty on Nov. 2, 2007, for work done without a permit (remove living units in garage and basement in order to correct NOV No. 200705622).
APPLICATION NO. 2007/10/25/6447.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to reduce the penalty to two (2) times the regular fee.
SPEAKERS: DBI consented to the reduction.
PUBLIC COMMENT: None.
(8) APPEAL NO. 07-210
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JENKEN JAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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930 Pacific Avenue.
Protesting the issuance on October 17, 2007, to Mak Family Trust, Permit to Alter a Building (on eight-unit apartment building: installation of iron sliding gate and fence at rear side of property).
APPLICATION NO. 2007/10/16/5538.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to uphold the permit on condition that the fence and gate be set back four (4) feet – two (2) inches from the side property line, in conformance with the Board of Supervisor’s resolution.
SPEAKERS: Alex Weyand, attorney for appellant; Ken Chan, attorney for permit holder; Lai Yee Mak, agent for permit holder; Scott Sanchez, PD; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07-213
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PAUL WEAVER
& 1407 MONTGOMERY STREET
HOME OWNERS ASSOCIATION, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1420 Montgomery Street.
Protesting the issuance on Oct. 29, 2007, to Alan Steremberger, Permit to Alter a Building (on four-unit apartment building: add 4 x 12 roof top blocking for support of future PV panels; roof deck railing under separate permit; revision to BPA No. 2006/10/19/5499).
APPLICATION NO. 2007/10/29/6741.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to reschedule the matter to April 9, 2008.
SPEAKERS: Sara Schuegler, agent for appellant; Jeremy Paul, agent for permit holder; Scott Sanchez, PD.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-215
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JACK YEE MAR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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2348 – 9th Avenue.
Appealing the denial on Nov. 8, 2007, of Permit to Alter a Building (on single-family house: add new family room and sun room/green house; clear NOV No. 200677612).
APPLICATION NO. 2007/02/09/3797S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to overrule the denial, grant the permit, with findings and revised plans to be adopted at a later date.
SPEAKERS: Brett Gladstone, attorney for appellant; Scott Sanchez, PD; Cecilia Jarowslaski; PD; Susan Mar (through translator Diana Mar) wife of appellant.
PUBLIC COMMENT: Brewster Fong and Stephen Halpern spoke in favor of the Planning Commission; Gary Bell spoke in favor of the appellant.
(11) APPEAL NO. V07-216
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DIMAS & BLANCA OLIVA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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230 Rhine Street.
Appealing the denial on Nov. 9, 2007, of Rear Yard Variance (legalize “as built” vertical and horizontal addition to the detached garage structure at the rear of the lot, and remove the illegal dwelling unit within).
VARIANCE CASE NO. 2006.0753V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to overrule the denial, grant the variance, with adoption of findings at a later date.
SPEAKERS: Scott Sanchez, PD; Diana Oliva, daughter of appellants; Dimas Oliva, co-appellant.
PUBLIC COMMENT: None.
There being no further business, President Garcia adjourned the meeting at 8:35 p.m.
