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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 11, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Robert Haaland, Commissioner Tanya Peterson, Commissioner Kendall Goh.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Jordanna Thigpen, Executive Director, Taxi Commission (TC); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; Kathryn Charpentier, 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) ADOPTION OF MINUTES:
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 338 Silliman Street. Building permit issued on March 12, 2008. Last day to appeal was March 27, 2008. Jurisdiction request received on May 14, 2008. Letter from Raquel Fox, attorney for Victoria Rodas, requestor, asking that the Board take jurisdiction over BPA No. 2008/03/12/6904. Project: remove existing habitable space and interior non-bearing walls only on first floor; demo only; revision to BPA No. 2007/12/11/0235. Permit Holder: Enrico Obert.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to grant the Jurisdiction Request.
SPEAKERS: Raquel Fox, attorney for Requestor; John Zanghi, attorney for Permit Holder, Laaurence Kornfield, DBI.
PUBLIC COMMENT: None.
(4b) ADOPTION OF FINDINGS:
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Subject property at 75 Folsom Street. Appeal No. 07-159, House vs. DBI, PCD, decided May 21, 2008. At that time, upon motion by President Garcia, the Board voted 3-0-1 (Commissioner Peterson absent) to overrule the denial, grant the permit, with adoption of findings at a later date. Project: on 67-unit apartment building: merge units 905 and 906 into one unit; remove wall between units; BPA No. 2007/01/16/1750.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to June 18, 2008.
SPEAKERS: Jeremy Paul, agent for Appellant.
PUBLIC COMMENT: None.
(5) APPEAL NO. 07-139
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DAVID BASADA
dba “KSJ TAXI”, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on August 2, 2007, of Color Scheme Permit.
FOR REHEARING TODAY. Note: On April 9, 2008, the Board voted 3-1-1 (RK dissented, KA absent) to uphold the revocation. On May 7, 2008, the Board voted 4-0-1 (RK absent) to grant the appellant’s rehearing request, and to set the rehearing for June 11, 2008.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to June 18, 2008.
SPEAKERS: Jordanna Thigpen, TC.
PUBLIC COMMENT: Anne McVeigh, spoke in favor of the Appellant.
(6) APPEAL NO. 08-026
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BARBARA CALLOWAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPRTOVAL
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1060 Gilman Avenue.
Protesting the issuance on Feb. 8, 2008, to Charlie James, Permit to Erect a Building (three-story, single-family house with 1,960sf of ground floor area).
APPLICATION NO. 2006/10/24/5911S.
PUBLIC HEARING HELD & CLOSED ON MAY 7, 2008. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for Planning Dept. staff to re-review the project.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to July 9, 2008.
SPEAKERS: Barbara Calloway, Appellant; David Silverman, attorney for Permit Holder; Tina Tam, PD.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-029
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ROBERT MICHAEL FRIEDMAN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on Feb. 13, 2008, of A-Card (driver permit) No. 041990 and Medallion (taxi permit) No. 865.
RESOLUTION NO. 2008-07.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 1 – 1 (Commissioner Goh dissented; Commissioner Haaland absent) to deny the rescheduling request. Afterwards, upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to July 23, 2008, with the public hearing closed, to allow time for parties to submit additional information pursuant to the Board’s comments, and with update briefs due one (1) Thursday prior to the hearing date.
SPEAKERS: Geoffrey Rotwein, attorney for Appellant; Jordanna Thigpen, TC; Sgt. Ron Reynolds, SFPD; Robert Michael Friedman, Appellant.
PUBLIC COMMENT: The following people spoke in favor of the Appellant: Robert Cesana, Susan Fenn, Carl Macmurdo, Anne McVeigh, and Dan Hinds. The following people spoke in favor of the Taxi Commission: Richard Hybels and Mark Gruberg.
(8) APPEAL NO. 08-046
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OK INVESTMENTS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2157 Lombard Street aka 256 Moulton Street.
Appealing a Notice of Violation dated March 25, 2008, regarding the unauthorized non-retail “administrative service use” known as “Brothers by Choice” at the rear commercial space of the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to overrule the Notice of Violation, with adoption of findings on July 9, 2008.
SPEAKERS: Tina Tam, PD; James Lassart, attorney for Appellant.
PUBLIC COMMENT: Andrew Sims spoke in favor of the Appellant.
(9) APPEAL NO. 08-048
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AUGUSTINE FALLAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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337 – 28th Avenue.
Protesting the issuance on March 26, 2008, of Permit to Alter a Building (comply with BID NOV No. 200343967; legalize work performed without permit including demolition of fourth floor penthouse less 10’ X 20’ and three story structure at south side, construction of replacement fourth story less 25’ X 35’, structural upgrades including foundation replacement, and new electrical and plumbing).
APPLICATION NO. 2006/06/27/5202.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to 07/09/08, with reduced plans due immediately, and appellant’s brief due by Thursday June 19, 2008, and permit holder’s brief due by Thursday July 3, 20008, and with no appellant’s reply.
SPEAKERS: Augustine Fallay, Appellant; Crystal Lei, Permit Holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(10) APPEAL NO. 08-049
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AI REN LEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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770 – 18th Avenue.
Appealing the denial on April 11, 2008, of Permit to Alter a Building (four foot setback of first and second floor rear wall; reference previously approved BPA No. 2005/10/06/4962.
APPLICATION NO. 2007/09/24/3528S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 1 – 1 (Commissioner Goh dissented, Commissioner Haaland absent) to overrule the denial. Failed for lack of four votes. Motion rescinded by President Garcia. Afterwards, upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to June 18, 2008, to await the attendance of Commissioner Haaland.
SPEAKERS: Tina Tam, PD; David Silverman, attorney for Appellant.
PUBLIC COMMENT: The following people spoke in favor of the Planning Commission: Richard Tenaza, Eva Alcorn, Charles Walker, Elena Rogan, Ailene Coffino, and Ed Levy.
ADJOURNMENT.
There being no further business, President Garcia adjourned the meeting at 9p.m.
