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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 19, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Vice President Frank Fung, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Senior Planner, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); 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: None.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) SPECIAL ITEM: Discussion and adoption of the Board’s position on medical cannabis dispensary use within NC-1 (neighborhood commercial) zoning districts.
ACTION: Upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Knox absent) to direct staff to draft a letter to the Board of Supervisors outlining the Board’s opposition to medical cannabis dispensaries in NC-1 districts.
SPEAKERS: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Subject property at 505 Church Street. Letter from Jeremy Paul, agent for Stanley & Palma Anastasio, appellant(s), requesting rehearing of Appeal No. 05-141, Anastasio vs. DBI, PDD, decided September 21, 2005. At that time, upon motion by Commissioner Fung, the Board voted 2-2-1 (President Sugaya & Commissioner Knox dissented, Commissioner Garcia absent) to overrule the denial, and grant the subject permit. 4 votes being required to overturn a departmental action under City Charter § 4.106(d), the denial of the subject permit was upheld. Project: on 10-unit apartment/retail building, replace 65 aluminum windows with vinyl, double-hung windows, BPA No. 2005/01/27/4175.
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ACTION: Upon motion by President Sugaya, the Board voted 2-3 (Vice President Fung, Commissioner Garcia, and Commissioner Albright dissented) to deny the rehearing request. 4 votes being required to grant a rehearing request, the request was denied.
SPEAKERS: Jeremy Paul, agent for appellant; Jonas Ionin, PD; Henry Karnilowicz, for appellant.
(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject Property at 1294 Union Street. Permit issued on June 22, 2005. Last day to appeal was July 7, 2005. Jurisdiction request received on Sept. 15, 2005. Letter from Eddy & Anita Mamoun, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/06/22/5759. PermitoldeHolder(s): David Lichman & Margaret Mak. Project: on single-family house; horizontal addition; install new deck. Note: Appeal 05-158, Mamoun vs. DBI, PDA, filed on Sept. 15, 2005 against BPA No. 2005/09/12/2556 (revision to BPA No. 2005/06/22/5759), is currently scheduled for hearing on Nov. 9, 2005. If this request is granted, the new appeal will also be scheduled for Nov. 9, 2005. Further Note: Public hearing on this jurisdiction request was held and closed on October 5, 2005; matter continued to allow time for the Planning Department to research roof deck notification requirements.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to deny the jurisdiction request.
SPEAKERS: Jonas Ionin, PD; Laurence Kornfield, DBI; Eddy Mamoun, requestor.
(4c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1314-1316 – 7th Avenue. Variance denied on December 9, 2004. Last day to appeal was December 20, 2004. Jurisdiction request received on March 3, 2005. Letter from Jeremy Paul, agent for Stanley Anastasio, requestor(s), asking that the Board take jurisdiction over variance decision 2004.0408V. Project: proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard. Note: if this jurisdiction request is granted, then Appeal No(s). V04-199, Item 5, filed on Dec. 21, 2005 and accepted in error one-day late by Board staff, may proceed to a hearing on the merits.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to grant the jurisdiction request.
(5) APPEAL NO. V04-199
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STANLEY ANASTASIO, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1314-1316 – 7th Avenue.
Appealing the denial on December 9, 2004, of Rear Yard Variance (proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard).
VARIANCE CASE NO. 2004.0408V.
FOR HEARING TODAY IF JURISDICTION REQUEST ABOVE IS GRANTED.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to reschedule the matter to Nov. 30, 2005, and for there to be no more reschedulings.
SPEAKERS: None.
(6) APPEAL NO. 05-148
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DOUGLAS LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1782-1784 – 39th Avenue.
Appealing the imposition of penalty on August 23, 2005, for work done without a permit (on 2-unit residential building: replace existing siding with stucco siding; construct 8 ft high wall at property line (1 hour wall); replace windows at property line with new rated window per plan; comply with NOV no. 200455883.
APPLICATION NO. 2005/03/03/6664.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
(7) APPEAL NO. 05-075
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PAT BUSCOVICH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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2201 Baker Street.
Protesting the issuance on April 12, 2005, to Hassan Kangarloo, Permit to Alter a Building (on 13-unit residential/tourist hotel: change of occupancy class only, to single-family dwelling; no construction to take place on property; all drawings are shown “as-built”; building has full sprinkler suppression system).
APPLICATION NO. 2005/04/12/9782.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to Nov. 9, 2005.
SPEAKERS: Jeremy Paul, agent for appellant; Jonas Ionin, PD.
ITEMS (8A), (8B), (8C), (8D), (8E) & (8F) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 05-115
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ANDRE MANDEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #7.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5100.
FOR HEARING TODAY.
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(8B) APPEAL NO. 05-116
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LEAH GUILLERMO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #1.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5684.
FOR HEARING TODAY.
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(8C) APPEAL NO. 05-117
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CHRISTOPHER DUTRA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #5.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5776.
FOR HEARING TODAY.
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(8D) APPEAL NO. 05-118
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SEAN COOPER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #8.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5703.
FOR HEARING TODAY.
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(8E) APPEAL NO. 05-139
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OLIVIA PLATFORD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #11.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5631.
JURISDICTION GRANTED AUG. 10, 2005.
FOR HEARING TODAY.
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(8F) APPEAL NO. 05-140
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FRICK DEAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #12.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5635.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0 to recuse Commissioner Knox. Afterwards, upon motion by President Sugaya, the Board voted 4-0-1 (Commissioner Knox recused) to reschedule the matters to March 1, 2006.
SPEAKERS: Raquel Fox, attorney for appellants; Elva Harding, attorney for permit holder; John Pollard, agent for permit holder.
(9) APPEAL NO. 05-147
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LEONARD STEFANELLI &
MARTIN BECKER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2959 – 21st Avenue.
Protesting the issuance on August 15, 2005, to Henry Quach, Permit to Alter a Building (on single-family house: replace foundation; reinforce portion of floor joist; add rooms at ground floor; remodel kitchen and bath; add new bath; reinforce roof joists; add 4 skylights at 2nd floor; to comply with NOV no. 200561797; and add rear deck).
APPLICATION NO. 2005/08/15/0271.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0 to recuse Commissioner Knox. Afterwards, upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Knox recused) to uphold the permit on condition that an NSR be recorded limiting the use to single-family, and on condition that revised plans be submitted which are code compliant as to the rear deck.
SPEAKERS: Leonard Stefanelli, co-appellant; Brett Gladstone, attorney for permit holder; Martin Becker, co-appellant; Laurence Kornfield, DBI; Jonas Ionin, PD.
(10) APPEAL NO. 05-149
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IAN HADDOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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538 Laidley Street.
Protesting the issuance on August 24, 2005, to Kenneally Construction, Permit to Demolish a Building (one-story single-family house with 700sf of ground floor area).
APPLICATION NO. 2005/08/24/1170.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to reschedule the matter to Nov. 2, 2005 at the written request of the parties.
SPEAKERS: None.
There being no further business, President Sugaya adjourned the meeting at 7:21 p.m.
________________________________
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – OCTOBER 19, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: None.
(2) PUBLIC COMMENT: None.
(3) PUBLIC COMMENT: None.
(4a) PUBLIC COMMENT: Henry Karnilowicz described previous window replacement cases.
(4b) PUBLIC COMMENT: None.
(4c) PUBLIC COMMENT: None.
(5) PUBLIC COMMENT: None.
(6) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: None.
(8) PUBLIC COMMENT: None.
(9) PUBLIC COMMENT: None.
(10) PUBLIC COMMENT: None.
