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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

 MEETING MINUTES - WEDNESDAY, AUGUST 16, 2006

 

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Michael Garcia,  Commissioner Katharine Albright and Commissioner Robert Haaland.

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Lawrence Badiner, Zoning Administrator, (ZA); Johnson Ojo, Principal Inspector, Dept. of Public Health (DPH); Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant; Claudine Woeber, Official Court Reporter.

 

 

(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.

 

 

 

(2a)  SPECIAL ITEM: 

 

Informational presentation by the Zoning Administrator regarding affordability conditions for parking variances.

 

ACTION:  None.

SPEAKERS: Lawrence Badiner, ZA.

 

PUBLIC COMMENT: Henry Karnilowicz sees problems if it is adopted; Alice Barkley said to not forget the transit first policy.

 

 

 

 

(3)    ADDENDUM ITEMS: 

 

(3a)  JURISDICTION REQUEST:                                                

Subject property at 320 Wawona Street.  Letter from Marilyn Amini, requestor(s), asking that the Board allow her to file a rehearing request beyond the 10-day period for Appeal No. 03-031, Amini vs. DBI, PDA, decided July 12, 2006.  At that time, upon motion by Vice President Knox, the Board voted 3-0-2 (Commissioner Albright absent, one vacancy) to uphold the subject permit.  Permit Holder(s): Bethany Chaney & Bridget Wylie.  Project: on single-family house, renew for final only, for Building Permit Application No(s). 2000/02/23/2533, which was for installation of 21 vinyl windows in kind, into existing frames, no change in size or location, and no structural change; BPA No. 2003/02/05/6749.

 

ACTION: Upon motion by Vice President Knox, the Board voted 5 – 0 to deny the jurisdiction request and to not allow the late filing of the request for rehearing.

 

SPEAKERS: Marilyn Amini, requestor; Bridget Wylie, co-permit holder.

 

PUBLIC COMMENT: None.

 

 

 

(3b)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                                                   

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.

 

ACTION: Upon motion by Vice President Knox, the Board voted 5 – 0 to continue the matter to September 13, 2006.

 

SPEAKERS: Laurence Kornfield, DBI.

 

PUBLIC COMMENT: None.

 

 

(4)    APPEAL NO. 06-096

JOHN JWEINAT

dba “SUTTER FINE FOODS”, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

 

 

988 Sutter Street.

Appealing a 10-day suspension of a Tobacco Product Sales Establishment Permit, imposed on June 16, 2006.  Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. FD-06-159.

FOR HEARING TODAY.

 

 

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the 10 - day suspension.

 

SPEAKERS: Johnson Ojo, DPH; John Jweinat, appellant.

 

PUBLIC COMMENT: None.

 

 

 

 

(5)    APPEAL NO. 06-097

SAMUELLAH WARDAK

dba “PARK PRESIDIO UNOCAL”, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

 

 

4850 Geary Boulevard.

Appealing a 10-day suspension of a Tobacco Product Sales Establishment Permit, imposed on June 16, 2006.  Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. FD-06-158.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to uphold the 10 - day suspension.

 

SPEAKERS: Johnson Ojo, DPH; Samuellah Wardak, appellant.

 

PUBLIC COMMENT: None.

 

 

 

 

(6)  APPEAL NO. 06-039

KEVIN HICKS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

 

 

504 – 6th Street.

Appealing the denial on March 6, 2006, of Permit to Erect a Sign (ground, non-electric, single-faced, 14’ X 48’, with 672sf of total surface area).

APPLICATION NO. 2005/10/11/5200.

FOR REHEARING TODAY. 

Note: On May 17, 2006, the Board voted   5-0 to overrule the denial, and grant the permit, with findings to be adopted at a later date.  On June 21, 2006, the Board voted 5-0 to grant the Zoning Administrator’s rehearing request, and to schedule the rehearing for August 16, 2006.  

 

 

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to overrule the denial and grant the permit with findings to be adopted on September 13, 2006.

 

SPEAKERS: Lawrence Badiner, ZA; Alice Barkley, attorney for appellant; Gerald Murphy, attorney for appellant.

 

PUBLIC COMMENT: Jared Eigerman, attorney for Clear Channel, explained his client’s position on this appeal.

 

 

 

 

(7)    APPEAL NO. 06-073

KAM & SOO WONG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

700 – 4th Avenue.

Protesting the issuance on April 28, 2006, to Korean Covenant Church, Site Permit to Alter a Building (change occupancy with maximum at 100 persons; add elevator; revise exiting; revise property line fire walls; legalize ground floor kitchen and dining; variance for rear yard exit stair case, variance case no. 2004.0613V).

APPLICATION NO. 2005/06/08/4603S.

PUBLIC HEARING HELD & CLOSED ON JULY 12, 2006.  FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow parties time to work on settlement regarding mitigation measures.

 

ACTION: Upon motion by Vice President Knox, the Board voted 5 – 0 to continue the matter to September 6, 2006, at the prior written request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

 

 

(8)    APPEAL NO. 06-089

CESAR CABRERA, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

 

266 Maynard Street.

Appealing the imposition of penalty on       June 1, 2006, for work done without a permit (on single-family house: revert back to original legal use as a laundry room; remove stove; comply with NOV No. 200669039).

APPLICATION NO. 2006/06/01/2928.

PUBLIC HEARING HELD & CLOSED ON JULY 26, 2006. FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow DBI time to investigate discrepancy in penalty calculation.

 

ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reduce the penalty to two (2) times the regular fee at a work valuation of $5,000.

 

SPEAKERS: Laurence Kornfield, DBI; and Cesar Cabrera, appellant.

 

PUBLIC COMMENT: None.

 

 

 

 

(9)    APPEAL NO. 06-080

WAYNE KENNEDY, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2256 Bryant Street.

Protesting the issuance on May 2, 2006, to Jin-Sen Wu, Site Permit to Alter a Building (on single-family house: extend building horizontally toward the front and increase dwelling units from one to three per plans).

APPLICATION NO. 2001/12/28/6018S.

FOR HEARING TODAY.

 

ACTION: Withdrawn by the appellant.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

 

 

(10)    APPEAL NO. 06-086

GERRIE SCOTT, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

121 Brighton Avenue.

Protesting the issuance on May 15, 2006, to Jose Pereda, Site Permit to Alter a Building (on single-family house: 3rd floor addition to existing 2-story residence; horizontal addition/extension of 18” is proposed for a portion of the front façade; existing kitchen will be remodeled under this permit).

APPLICATION NO. 2005/09/14/2906S.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to continue the matter to September 20, 2006.

 

SPEAKERS: Gerrie Scott, appellant; Henry Karnilowicz, agent for permit holder; Laurence Kornfield, DBI; Lawrence Badiner, ZA; Luis Pereda, permit holder.

 

PUBLIC COMMENT: Douglas Sweeney spoke in favor of appellant and said that he was a tenant in 1989 and witnessed the work going on and when it was completed; Angelo Calvo spoke in favor of permit holder, and said he saw people living on the 3rd floor.

 

 

 

(11)    APPEAL NO. 06-092

400 PAUL WAVE EXCHANGE LLC, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

400 Paul Avenue.

Appealing a determination dated May 25, 2006, addressed to Walter Wong, 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.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Haaland, the Board voted 3 – 2 (President Fung and Vice President Knox dissented) to uphold the ZA determination letter.

 

SPEAKERS: Lawrence Badiner, ZA; Daniel Sullivan, agent for appellant; Laurence Kornfield, DBI.

 

PUBLIC COMMENT: None.

 

 

 

 

(12)    APPEAL NO. 06-095

YUK FUNG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

1554 – 27th Avenue.

Protesting the issuance on June 16, 2006, to Frances Ng, Permit to Alter a Building (on single-family house: enclose light well on 2nd floor; add new deck at rear; remodel 1st and 2nd floors).

APPLICATION NO. 2006/06/16/4313.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Fung, the Board voted 5 – 0 to uphold the permit on condition that revised plans be submitted so that the deck meets the light and ventilation requirements of the Building Code.

 

SPEAKERS: Laurence Kornfield, DBI; Alyssa Wong, daughter of appellant; Griffith Ho, agent for permit holder.

 

PUBLIC COMMENT: None.

 

 

 

 

There being no further business, President Fung adjourned the meeting at 10:07 pm.

 

 

 

--------------------------------------------------------------------------------------

Robert H. Feldman, Executive Secretary

 

 

Transcripts of these hearings can be obtained from official court reporter.