2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 18, 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, and Commissioner Michael Garcia.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Tina Tam, Senior Planner, Planning Department (PD); Johnson Ojo, Principal Inspector, Dept. of Public Health (DPH); Laurence Kornfiled, Chief Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Dana DiBasilio Tognini, Official Court Reporter.
ABSENT: Commissioner Robert Haaland
(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) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
|
Subject property at 1270-1272 – 47th Avenue. Appeal No. 06-109, Smirnova vs. DBI, decided September 13, 2006. At that time, upon motion by President Fung, the Board voted 5-0 to revoke the subject permit. Permit Holder: Wallace Szmokaluk. Project 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; BPA No. 2006/07/11/6185.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Haaland absent) to grant the rehearing request, and to schedule the rehearing to “Call of the Chair” (indefinite agenda) pending resolution of probate proceedings.
SPEAKERS: Wallace Szmokaluk, permit holder; Laurence Kornfield, DBI; Galina Smirnova, appellant.
PUBLIC COMMENT: None.
(4) APPEAL NO. 06-077
|
TOHA QUAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
2395 – 12th Avenue.
Appealing a Notice of Violation dated May 1, 2006, addressed to Toha Quan and Anna Wong, that a manufacturing and processing operation has been established at the subject property, in violation of Planning Code §§ 151, 204.1, 226, and 711.38.
PUBLIC HEARING HELD & CLOSED ON SEPTEMBER 20, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued so that appellant can demonstrate abatement of NOV issues to Planning staff.
|
ACTION: Upon motion by President Fung, the Board voted 4-0-1(Commissioner Haaland absent) to uphold the ZA notice of violation.
SPEAKER: Tina Tam, PD; appellant did not appear.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-129
|
JOSEPH ELSINEITTI
dba “19th AVENUE 76 NO. 2, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
|
1400 – 19th Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on August 10, 2006. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-06-213.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the 45-day suspension.
SPEAKERS: Johnson Ojo, DPH; Joseph Elsineitti, agent for appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 06-130
|
HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
|
734 Bush Street # 54, 56 & 57.
Protesting the issuance on August 11, 2006, to 500-734 OLDE LLC, Permit to Alter a Building (on 47-unit apartment building: remodel kitchen and bath; new countertop and cabinets).
APPLICATION NO. 2006/08/11/9243.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Fung, the Board voted 4-0-1 (Commissioner Haaland absent) to continue the matter to October 25, 2006, with the public hearing closed.
SPEAKERS: Harold Darling, appellant; Jared Eigerman, attorney for permit holder; Kelly Baker, agent for permit holder; Taylor Lembi, agent for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: Greg Shaw for the Harvey Milk Democratic Club urged the Board to grant the appeal based on the Appellant’s arguments. Ana Maria Ramirez said the permit holder took her small apartment, removed a wall and created a large apartment.
(7) APPEAL NO. 06-131
|
MARIA GARCIA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
2695 – 47th Avenue.
Protesting the issuance on August 8, 2006, to Nennette Dignadice, Permit to Alter a Building (on single-family house: new deck, 7’6” X 12’4” and 8’10” in height, with a 1 hour fire wall at 7’ in height.
APPLICATION NO. 2006/08/08/8907.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Haaland absent) to continue the matter to November 8, 2006, with the public hearing closed, and for DBI to conduct a site visit.
SPEAKERS: Maria Garcia, appellant; Nenette Dignadice, permit holder; Laurence Kornfield, DBI; Peter Dignadice, son of permit holder; Tina Tam, PD.
(8) APPEAL NO. 06-135
|
ALEX LANTSBERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
1000 Evans Avenue.
Protesting the issuance on August 10, 2006, to Pacific Gas & Electric, Permit to Demolish a Building (demolish a power plant).
APPLICATION NO. 2005/12/15/0454.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Fung, the Board voted 4-0-1 (Commissioner Haaland absent) to reschedule the matter to November 15, 2006.
SPEAKERS: Alex Lantsberg, appellant; Tina Tam, PD; Brian Haughton, attorney for permit holder.
PUBLIC COMMENT: James Bryant of the A. Phillip Randolph Institute spoke on behalf of the fifty or sixty people in the audience who support the demolition of the power plant and strongly oppose the appellant.
ITEMS (9A), (9B) (9C), (9D), (9E), (9F), (9G) & (9H) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 06-136
|
HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
|
625 Taylor Street #103.
Protesting the issuance on August 23, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/23/0239.
FOR HEARING TODAY.
|
(9B) APPEAL NO. 06-137
|
HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
|
625 Taylor Street #201.
Protesting the issuance on August 22, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/22/0221.
FOR HEARING TODAY.
|
(9C) APPEAL NO. 06-138
|
HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
|
625 Taylor Street #203.
Protesting the issuance on August 22, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/22/0231.
FOR HEARING TODAY.
|
(9D) APPEAL NO. 06-139
|
HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
|
625 Taylor Street #303.
Protesting the issuance on August 22, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/22/0157.
FOR HEARING TODAY.
|
(9E) APPEAL NO. 06-140
|
HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
|
625 Taylor Street #400.
Protesting the issuance on August 22, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/22/0208.
FOR HEARING TODAY.
|
(9F) APPEAL NO. 06-141
|
HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
|
625 Taylor Street #402.
Protesting the issuance on August 18, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/18/9835.
FOR HEARING TODAY.
|
(9G) APPEAL NO. 06-142
|
HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
|
625 Taylor Street #403.
Protesting the issuance on August 18, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/18/9836.
FOR HEARING TODAY.
|
(9H) APPEAL NO. 06-143
|
HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
|
625 Taylor Street #503.
Protesting the issuance on August 18, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/18/9837.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Fung, the Board voted 4-0-1 (Commissioner Haaland absent) to continue all eight cases to October 25, 2006 with the public hearings closed.
SPEAKERS: Harold Darling, appellant; Jared Eigerman, attorney for permit holder; Kelly Baker, agent for permit holder; Taylor Lembi, agent for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: Greg Shaw for the Harvey Milk Democratic Club urged the Board to grant the appeal based on the appellant’s arguments.
Ana Maria Ramirez said the Permit Holder took her small apartment, removed a wall and created a large apartment.
There being no further business, President Fung adjourned the meeting at 8:30 p.m.
________________________________
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Dana DiBasilio-Tognini, the Official Court Reporter, 415-506-0430
