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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 18, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Vice President Sabrina Saunders, Commissioner Frank Fung, Commissioner Randall Knox, and Commissioner Mike Garcia.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Planning Department (PD); Leo McFadden, Senior Building Inspector, Dept. of Building Inspection (DBI); Dr. Rajiv Bhatia, Dept. of Public Health (DPH); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, 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: Eileen Boken.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 3645 – 25th Street #A. Permit issued on March 16, 2005. Last day to appeal was March 31, 2005. Jurisdiction request received April 12, 2005. Letter from Raquel Fox, attorney for Guadalupe Marquez, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2005/03/16/7661. Permit Holder(s): Mauricio & Ana Batlle. Project: on 3-unit residential building; general demolition of affected plaster/sheetrock materials to be removed and disposed of under negative pressure engineering controls.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to reschedule the hearing to June 8, 2005 at the written request of the parties.
SPEAKERS: None.
(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 380 Monterey Boulevard. Variance granted on December 10, 2003. Last day to appeal was December 20, 2003. Jurisdiction request received on April 12, 2005. Letter from Maureen Fitzpatrick, requestor(s), asking that the Board take jurisdiction over variance decision no. 2003.0730V. Variance Holder(s): 380 Monterey Condominium Association. Project: legalize the existing off-street parking configuration on the subject site.
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ACTION: None. Withdrawn by requestor.
(3C) ADOPTION OF FINDINGS:
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Subject property at 1234 – 19th Avenue. Appeal No(s). 04-113, Romanov vs. DBI, PCD, decided May 4, 2005. At that time, upon motion by Commissioner Fung, the Board voted 5-0 to overrule the denial of the demolition permit by the Planning Commission, and grant this demolition permit with findings to be adopted on May 18, 2005. Project: demolition of 2-story single-family house with 1,506sf of ground floor area.
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ACTION: Upon motion by President Commissioner Garcia, the Board voted 5-0 to adopt the findings.
SPEAKERS: None.
(3D) ADOPTION OF FINDINGS:
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Subject property at 21-23 Jersey Street. Appeal No(s). 04-200, Ryan vs. DBI, PCD, decided May 4, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-1 (President Sugaya dissented) to overrule the denial by the Planning Commission, and grant the permit with adoption of findings on May 18, 2005. Project: merge 2 units into single-family residence; remove partition walls at top and bottom of stairs and replace with guardrails; reference previous Building Permit Applications 2000/09/29/1932 & 2000/10/27/4285.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to adopt the findings.
SPEAKERS: None.
(4) APPEAL NO. 05-022
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CAMILLE HAMILTON
& DAVID PATING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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755 – 22nd Avenue.
Protesting the issuance on January 13, 2005 (neighborhood notification reissued Feb. 1, 2005 by DBI’s Central Permit Bureau), to Jeffery Nemy & Betsy Erickson, Permit to Alter a Building (on single-family house: add 6’ addition with decks to rear of building as shown on drawings; remodel 3rd floor to provide for new bathroom and decks; remodel kitchen, breakfast room, toilet/powder room and add deck at 2nd floor; remodel garage to provide for new bathroom; add dwelling unit at 1st floor).
APPLICATION NO. 2003/09/29/6087S.
NOTE: PUBLIC HEARING HELD & CLOSED MARCH 30, 2005. CONTINUED FOR LACK OF QUORUM. FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Vice President Saunders dissented) to uphold the permit.
SPEAKERS: None.
(5) APPEAL NO. 05-033
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JOSEPH BREALL, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on February 11, 2005, of taxi medallion no. 207.
RESOLUTION NO. 2005-08.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-2 (Vice President Saunders & Commissioner Fung dissented) to uphold the revocation.
SPEAKERS: Jimi Harris, TC; Joseph Breall, appellant; Dan Hines, for appellant; Richard Hybels, for TC; Mark Gruberg, for TC.
(6) APPEAL NO. 05-055
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NABIL HOMRAN
dba “RIGHT WAY MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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596 O’Farrell Street.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 9, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 04-05-114.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to overrule DPH, and instead impose a 20-day suspension.
SPEAKERS: Dr. Rajiv Bhatia, DPH; Nabil Homran, appellant.
(7) APPEAL NO. 04-160
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BUSH & OCTAVIA REALTY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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1801 Bush Street.
Appealing the denial on October 6, 2004, of Permit to Erect a Sign (6’ X 4’ sign, 8” thick, 120lbs in weight, with 24sf of total surface area, and 20sf of advertising space).
APPLICATION NO. 2004/06/08/5834.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to uphold the denial of the permit.
SPEAKERS: Jonas Ionin, PD; Brett Gladstone, attorney for appellant; Dr. Alfred Dobrow, for PD; Craig Beale for Helen Bentley, for appellant; Dr. Lomba, for PD; Rob Fukiatsu, for appellant; Marisol Toro-Burciaga, for appellant; Andrew Zittell, for appellant; Mia Mitchell, for appellant; Dana Schellings, for appellant; Shereen Chew, for appellant; Ian Berke, for PD; Connie Tamal, for PD; Joe Moore, for appellant; Tim Grant, for appellant; Jed Kutzen, for appellant; Mike Armstrong, for appellant; Ellen Fogarty, for PD; Roxanne Schulkin, for appellant; Tom Miller, for appellant; George Popovics, for appellant; Andrew Chan, for appellant; Bob Twomey, for appellant; Clint Miller, for PD; Julie Hare, for appellant; Jeff Solliday, for appellant; Bob Shapiro, for PD; John Jones, for appellant; Stephen Williams, for PD.
(8) APPEAL NO. 04-161
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DYANN TRESENFELD
& ED WALDRUP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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7 Danvers Street.
Appealing the denial on October 20, 2004, of Permit to Alter a Building (on 5-unit residential building plus housekeeping unit: legalize kitchen in housekeeping unit).
APPLICATION NO. 2004/04/13/1110.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to uphold the denial.
SPEAKERS: Jeremy Paul, agent for appellant; Jonas Ionin, PD.
(9) APPEAL NO. V04-193
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CAROL & DENNIS HAMBY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1400 – 1402 Cole Street.
Protesting the granting on December 6, 2004, to Edward Morris (Subject Property Owners Adel Mohammed Shalabi & Laura Fiene), Rear Yard, Usable Open Space & Non-complying Structure Variances (proposal is to construct a 3rd floor addition containing a dwelling unit on a 2-story mixed-use (single-family residential over ground floor commercial) building.
VARIANCE CASE NO. 2003.0639V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to uphold the variance, with findings (and conditions) to be adopted on June 8, 2005.
SPEAKERS: Alice Barkley, attorney for appellants; Rebecca Bedwell-Coll, attorney for variance holders; Adel Shalabi, co-variance holder; Laura Fiene, co-variance holder; Marc Hedlund, for variance holders; Daniel Burns, for variance holders; Richard Fall, for variance holders; Joe O’Donoghue, for appellants; Edward Morris, architect for variance holders; Jonas Ionin, PD.
(10) APPEAL NO. 05-028
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OSWALD COUSINS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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837-839 Hayes Street.
Appealing the denial on February 9, 2005, of Permit to Alter a Building (correct the record to reflect two legal existing units; no work proposed).
APPLICATION NO. 2004/04/28/2525.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to overrule the denial and grant the permit with findings to be adopted on June 8, 2005.
SPEAKERS: Leo McFadden, DBI; Jeremy Paul, agent for appellant; Jonas Ionin, PD.
(11) APPEAL NO. 05-041
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KATHY BOLE
& PAUL KLINGENSTEIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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19 – 7th Avenue.
Appealing the denial on March 9, 2005, of Permit to Alter a Building (on single-family house: add bay window at front).
APPLICATION NO. 2004/12/20/1790.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to reschedule to Call of the Chair at the written request of the appellants due to environmental review issues raised by the OCA.
SPEAKERS: None.
(12) APPEAL NO. 05-042
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HENDRIK BAKKER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1923 Webster Street.
Protesting the issuance on March 7, 2005, to 1923 Webster LLC, Site Permit to Alter a Building (on single-family house: raise building 2 feet, add garage and rear addition).
APPLICATION NO. 2004/03/01/7434S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-1-1 (President Sugaya dissented, Vice President Saunders absent) to uphold the permit.
SPEAKERS: Hendrik Bakker, appellant; Alice Barkley, attorney for permit holder; Jonas Ionin, PD.
(13) APPEAL NO. 05-051
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MIDTOWN TERRACE HOMEOWNERS ASSOCIATION, TWIN PEAKS IMPROVEMENT ASSOCIATION & FOREST KNOLLS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1 La Avanzada Drive (Sutro Tower).
Appealing a determination dated March 2, 2005, addressed to Siu Ling Chen, concerning Building Permit Application No(s). 2004/11/05/8607, 2004/12/20/1816 & 2005/01/25/3910, which are Sutro Tower’s most recent building permit applications.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-1-1 (President Sugaya dissented, Vice President Saunders absent) to uphold the ZA determination.
SPEAKERS: Christine Linnenbach, attorney for appellants; Bob McCarthy, attorney for SPO; Jonas Ionin, PD; Morgan Gorrone, for SPO; Booker Wade, for SPO; Walter Kaplan, agent for appellants.
(14) APPEAL NO. 05-052
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WELL-CARE HEALTH CENTER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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4726 Geary Boulevard.
Appealing a Permit Suspension Request dated March 7, 2005, addressed to Dept. of Building Inspection Acting Director Jim Hutchinson, requesting that Building Permit Application No(s). 2005/02/03/4733 be suspended because the Planning Department is conducting a code enforcement investigation relating to a complaint that an illegal massage establishment is operating at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to overrule the ZA with a finding that the primary use is acupuncture, and that the massage accessory use shall consist of 300 sf and no more than 2 massage therapists.
SPEAKERS: Jonas Ionin, PD; Dan Sullivan, agent for appellant.
(15) APPEAL NO. 05-053
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ALLISON & THOMAS KOHLER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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436-438 Clementina Street.
Protesting the issuance on March 3, 2005, to Raul Arriaza, Permit to Demolish a Building (single-story cabinet shop/equipment warehouse with 5,625sf of ground floor area).
APPLICATION NO. 2000/11/29/6739.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to dismiss for lack of subject matter jurisdiction (SMJ).
SPEAKERS: Stanley Riddell, attorney for appellants; Alice Barkley, attorney for permit holder.
(16) APPEAL NO. 05-054
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ELAINE LIU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1831 – 48th Avenue.
Protesting the issuance on March 10, 2005, to Eric Hansen, Permit to Alter a Building (on single-family house: new outdoor deck at 2nd floor; move window at 1st floor).
APPLICATION NO. 2005/03/10/7196.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to uphold the permit with the settlement as conditions of approval.
SPEAKERS: Jonas Ionin, for PD.
(17) APPEAL NO. 05-056
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GIORGIO BASA, ROSALINA BASA
& JERSEY ECHALUSE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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886 – 30th Avenue.
Protesting the issuance on March 11, 2005, to Lenny Trakhter, Permit to Alter a Building (on single-family house: demolition of illegal unit; cap off plumbing and electrical).
APPLICATION NO. 2005/03/11/7358.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to uphold the permit.
SPEAKERS: Katrina Decker, attorney for permit holder; Appellant did not appear.
(18) APPEAL NO. 05-058
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JENCKYN GOOSBY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1335 Fulton Street.
Protesting the issuance on March 9, 2005, to James Finnegan, Permit to Demolish a Building (single-story warehouse with 4,500sf of ground floor area).
APPLICATION NO. 2002/05/10/6329.
FOR HEARING TODAY.
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ACTION: None. Appeal withdrawn by the appellant.
SPEAKERS: None.
(19) APPEAL NO. 05-059
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JOHN & BARBARA PLETZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3344 Market Street.
Protesting the issuance on March 14, 2005, to Michael Gibbons & Katie O’Rourke, Site Permit to Alter a Building (on single-family house: new foundations; front addition; rebuild rear; 2nd story expansion; replaces previous Building Permit Application No. 2003/06/26/8126).
APPLICATION NO. 2004/06/04/5625S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to uphold the permit with the settlement as conditions of approval.
SPEAKERS: Jeremy Paul, agent for appellants; Earle Weiss, architect for permit holder.
There being no further business, President Sugaya adjourned the meeting at 11:40 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
