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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, APRIL 16, 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 Randall Knox, and Commissioner Tanya Peterson.
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); Tina Tam, Senior Planner, Planning Department (PD); Victor Pacheco, Interim Department Head; Manuel Payes, Clerk Typist; Easteller Bruihl, Official Court Reporter.
(1) PUBLIC COMMENT:
SPEAKERS: None.
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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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(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) SPECIAL ITEM:
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Public hearing to discuss and possibly approve an amendment to Article IV of the Board rules to designate the SFGTV recording as the Board’s official record. Current version of Board rules is available for review at the Board office, and on the Board website under the link entitled “About”. Proposed amendment is available at the Board office.
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ACTION: None.
(4) ADDENDUM ITEMS: None.
(5) APPEAL NO. V07-144
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MOLLY WILLIAMS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2 Joy Street.
Appealing the denial on August 6, 2007, of Rear Yard and Screening of Parking Area Variances (add an additional curb cut in the public right of way, and an off-street unscreened parking space within the required rear yard).
VARIANCE CASE NO. 2007.0326V.
PUBLIC HEARING HELD & CLOSED ON NOV. 7, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to confer with the ZA regarding alternative options.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5 – 0 to uphold the denial.
SPEAKERS: Molly Williams, Appellant; Lawrence Badiner; (ZA).
PUBLIC COMMENT: None.
(6) APPEAL NO. 08-025
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B. RAU JHABUA
dba “ARTISTS ALLEY”, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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863 Mission Street.
Appealing the imposition of penalty on Feb. 25, 2008, for electrical work done without a permit.
APPLICATION NO. E2008/02/25/5641.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reduce the penalty to five times the regular fee.
SPEAKERS: Ron Giddings, Agent for Appellant; Laurence Kornfield, (DBI).
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-132
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MARSHALL UNGAR
& ELIZABETH LIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2220 Castro Street.
Protesting the issuance on July 20, 2007, to David Chan, Permit to Alter a Building (vertical and horizontal addition).
APPLICATION NO. 2006/04/12/8740S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to 7/16/08 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 07-217
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STEPHEN WILLIAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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9 Douglass Street.
Protesting the issuance on Nov. 8, 2007, to Lawrence Nathanson, Permit to Alter a Building (on single-family house: vertical addition to rear portion of house for new master bedroom suite; interior renovation).
APPLICATION NO. 2007/01/11/1515S.
FOR HEARING TODAY. Note: On Feb. 13, 2008, the Board voted 5-0 to reschedule the matter to Call of Chair pending resolution of the Cat Ex appeal at the BOS.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to reschedule the matter to 5/7/08.
SPEAKERS: Stephen Williams, Appellant; Laurence Nathanson, Permit Holder.
PUBLIC COMMENT: None.
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 07-220
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ROY OLSON
& AURELIO VISCARRA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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162 Brewster Street.
Protesting the issuance on Nov. 21, 2007, to Raymond Chen (New Subject Property Owner Sergio Iantorno), Permit to Erect a Building (two-story single-family house with 928sf of ground floor area).
APPLICATION NO. 2006/07/10/6046S.
FOR HEARING TODAY.
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(9B) APPEAL NO. 07-224
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SERGIO IANTORNO, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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162 Brewster Street.
Appealing a Permit Suspension Request dated Dec. 5, 2007, addressed to Dept. of Building Inspection Director Isam Hasenin, asking that BPA No. 2006/07/10/6046S be suspended because it was issued in error.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to continue both matters to Call of the Chair, with the public hearing closed, and to allow time for the Permit Holder to seek a Conditional Use Authorization under the interim zoning controls.
SPEAKERS: Roy Olson, Co-Appellant; Matthew Brennan, Attorney for Permit Holder; Rodrigo Santos Agent for Permit Holder; Lawrence Badiner, (ZA); Aurelio Viscarra, Co –Appellant.
PUBLIC COMMENT: None.
(10) APPEAL NO. 08-020
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STUART QUAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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549 – 28th Street.
Protesting the issuance on Feb. 7, 2008, to David Bartenwerfer, Permit to Alter a Building (relocating guard rails at existing 2nd floor rear roof deck; revision to BPA No. 2006/12/05/9242; comply with NOV No. 200735231).
APPLICATION NO. 2008/01/25/3268.
FOR HEARING TODAY.
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ACTION: Withdrawn by Appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(11) APPEAL NO. 08-021
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JOHN MARTIN
dba “JRM INTERNATIONAL”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Determination Holder: MAX WILLIAMS
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2015-2019 -17th Street.
Appealing a Letter of Determination dated Feb. 6, 2008, regarding the continuation of a Limited Commercial Non-Conforming Use at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to 6/4/08 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Garcia adjourned the meeting at 6.45 p.m.
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter.
Meeting Minutes were adopted by the Board on May 7, 2008.
