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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

 MEETING MINUTES - WEDNESDAY, APRIL 18, 2007

 

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

 

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

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department(PD); Carla Short, Department pf Public of Works/Bureau Urban Forestry(DPW/BUF); Robert Feldman, Executive Secretary, Victor Pacheco, Legal Assistant; Manuel Payes, Office Clerk for the Board; and Easteller Bruihl, Official Court Reporter.

 

ABSENT: President Randall Knox.

 

 

(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

 

PUBLIC COMMENT: None.

 

(2)    COMMMISSIONERS COMMENTS & QUESTIONS: 

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(3)    ADDENDUM ITEMS: 

 

(3a)  ADOPTION OF FINDINGS:                                                 

Subject property at 800 Brotherhood Way.  Appeal No. 07-011, Lagos vs. DPW BUF, decided April 4, 2007.  At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the subject permit on condition that twelve (12) additional trees be planted in consultation with the DPW BUF.  Permit Holder: Mission Development Group.  Permit Scope: remove and relocate two (2) trees, and remove and replace thirty-two (32) trees; DPW Order No. 176,333.

 

 ACTION: Upon motion by Vice President Garcia, the board voted 4 – 0 – 1(President Knox absent) to reschedule the matter to 5/2/07.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

(3b)  REHEARING REQUESTS:                                                 

Subject property at 737 Castro Street.  Letter from Isaac Abrams, appellant, requesting rehearing of Appeal Nos. 06-060 and 06-093, decided March 21, 2007.  At that time, upon motion by Vice President Garcia, the Board voted 2-2-1 (Commissioner Albright and Commissioner Haaland dissented; President Knox absent) to uphold both permits.  Permit Holder: Dean Ballback.  Project (1st permit): on single-family house; revision to BPA No. 2005/09/08/2285; show all new framing at rear room; lower back roof 18” and move railing 3’ off south property line; landscape rear yard, retaining walls and fence; comply with NOV nos. 200561712, 20067313, and 200667626); BPA No. 2006/04/18/9218.  Project (2nd permit): on single-family house; replace portion of foundation; concrete cap; north side footing; BPA No. 2005/08/22/0845.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1(President Knox absent) to deny both Requests for Rehearing.

 

SPEAKERS: Isaac Abrams, A; Fareed Himmati, Agent for Appellant; Daryl Abrams, son of Appellant; Dean Ballback, Permit Holder; Pat Buscovich, Agent for Permit Holder; Laurence Kornfield, (DBI).

 

PUBLIC COMMENT: None.

 

(3c)  REHEARING REQUEST:                                                    

Subject property at 2277 Chestnut Street.  Letter from Patricia Vaughey, appellant, requesting rehearing of Appeal No. 07-004, decided March 14, 2007.  At that time, upon motion by Vice President Garcia, the Board voted 3-2 (Commissioner Albright and Commissioner Haaland dissented) to uphold the subject permit.  Permit Holder: Phuc Van Ho.  Project: remodel existing retail space to be nail salon on 1st level; includes new partitions for storage room; lighting and counter; upgrade front entry for disabled access, BPA No. 2007/01/08/1210.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 – (President Knox absent) to deny the Request for Rehearing.

 

SPEAKERS: Patricia Vaughey, Appellant; Gerold Powell, agent for Permit Holder; Phuc Van Ho, Permit Holder.

 

PUBLIC COMMENT: Peter Mai spoke in support of appellant and said that a new nail salon could hurt his mother’s similar shop.

 

 

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

Subject property at 4120 – 23rd Street.  Permit issued on September 23, 2005.  Last day to appeal was October 11, 2005.  Jurisdiction request received on September 29, 2006.  Letter from Robert Call, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2002/02/25/9972.  Project: horizontal addition to rear of building; construct a new garage at street level.  Permit Holder: Darryl Leung.

 

ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1(President Knox absent) to reschedule the matter to 6/20/07.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

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

Subject property at 78 Peralta Street.  Zoning Administrator Letter of Determination issued on February 23, 2007.  Last day to appeal was March 12, 2007.  Jurisdiction request received on April 9, 2007.  Letter from Suzanne Scull, requestor, asking that the Board take jurisdiction over a Letter of Determination regarding Variance No. 98.567V (waiver of parking requirement at subject property).

 

ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1(President Knox absent) to grant the Jurisdiction Request.

 

SPEAKERS: Suzanne Scull, Requestor; Tina Tam, (PD).

 

PUBLIC COMMMENT: None.

 

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

No specific subject property.  Determination issued by the Zoning Administrator on               May 15, 2006.  Last day to appeal was May 30, 2006.  Jurisdiction request received on     February 8, 2007.  Letter from Douglas Loranger, David Tornheim, and San Francisco Neighborhood Antenna-Free Union (SNAFU), requestors, asking that the Board take jurisdiction over a ZA determination regarding whether certain types of wireless telecommunication facilities qualify as accessory uses under the Planning Code.  Determination Holder: T-Mobile – Omnipoint.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 3 – 1 -1(President Knox absent and Vice President Garcia recused) to reschedule the matter to 6/6/07.

 

SPEAKERS: Paul Albritton, Attorney; David Tornheim, Co-Requestor; Tam, (PD).

 

PUBLIC COMMENT: None.

 

 

(3g) REHEARING REQUEST:                                                     

Subject property at 1801-1813 Fulton Street.  Letter from Vladamir Gammer, appellant, requesting rehearing of Appeal No. 06-189, decided January 31, 2007.  At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to uphold the subject permit.  Permit Holder: T-Mobile Omnipoint.  Project: on multi-unit apartment building, installation of new micro-cell panel antenna enclosed within a faux vent; installation of associated equipment and necessary cabling/cable trays; no new batteries; BPA No. 2006/03/21/7213.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 3 – 1 – 1(President Knox absent and Vice President Garcia recused) o reschedule the matter to 6/06/07.

 

SPEAKERS: Paul Albritton, Attorney for Permit Holder; David Tornheim, Agent for Appellant; Tina Tam, (PD).

 

PUBLIC COMMENT: None.

 

(4)  APPEAL NO. 06-202

JEFFREY KRAMER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

591-599 Guerrero Street.

Protesting the issuance on December 21, 2006, to Omnipoint – T-Mobile, Permit to Alter a Building (installation of new microcell panel antenna enclosed within new false vent; installation of associated equipment).

APPLICATION NO. 2006/05/19/2075.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 3 – 1 – 1(President Knox absent and Vice President recused) to reschedule the matter to 6/06/07.

 

SPEAKERS: Paul Albritton, Attorney for Permit Holder; Jeffrey Kramer, Appellant; Tina Tam (PD).

 

PUBLIC COMMENT: None.

 

 

(5)  APPEAL NO. V06-177

ROGER TELLIS, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

180 Corwin Street.

Appealing the denial on November 1, 2006, of Parking Variance (proposal is to allow 5      off-street parking spaces where 6 are required for a 6-unit residential building).

VARIANCE CASE NO. 2006.0878V.

PUBLIC HEARING HELD & CLOSED ON JANUARY 10, 2007.  FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow appellant time to conduct an engineering study.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1(President Knox absent) to continue the matter to 5/16/07.

 

SPEAKERS: Jared Eigerman, Attorney for Appellant; Roger Tellis, Appellant; Kelton Finney, Agent for Appellant; Tina Tam, (PD).

 

PUBLIC COMMENT: Dorothy Gadas, spoke in favor of Zoning Administrator and she described the difficulties her disabled husband would have in an emergency.  Emergency vehicles could have trouble getting near her house if the project is done.

 

(6)  APPEAL NO. 07- 015

TIM HALE, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

4032 – 23rd Street.

Appealing the denial on January 31, 2007,    of Permit to Remove and Replace One (1) Tree.

ORDER NO. 176,674.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Albright, the Board voted 3 – 1 -1(President Knox absent) to Uphold the denial of the permit.

 

SPEAKER: Carla Short, (DPW/BUF).

 

PUBLIC COMMENT: None.

 

(7)  APPEAL NO. 07- 016

CHARLES BELOV, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

240 – 28th Street.

Appealing the denial on January 31, 2007,    of Permit to Remove and Replace One (1) Tree.

ORDER NO. 176,678.

FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 3 – 1- 1(President Knox absent) to uphold the denial of the permit.

 

SPEAKERS: Carla Short, (DPW/BUF); Charles Belov, Appellant.

 

PUBLIC COMMENT:  None.

 

(8)  APPEAL NO. 07- 019

SUHEIL SALFITI, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

1598 McAllister Street.

Appealing the denial on February 9, 2007,    of Permit to Remove and Replace One (1) Tree.

ORDER NO. 176, 673.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Haaland, the Board voted 4 – 0 – 1(President Knox absent) to reschedule the matter to 5/16/07.

 

SPEAKER: Carla Short, (DPW/BUF).

 

PUBLIC COMMENT: None.

 

(9)  APPEAL NO. 07- 017

PERRY CHIA, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

2462 – 27th Avenue.

Protesting the issuance on January 31, 2007, to Peter & Delly Wong, Site Permit to Alter a Building (on single-family house: add 3rd floor with 3 rooms and 2 bathrooms, new dining room, kitchen and exercise room; miscellaneous interior remodeling).

APPLICATION NO.2005/10/14/5610S.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 -1(President Knox absent) to reschedule the matter to 5/16/07.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

There being no further business, Vice President Garcia adjourned the meeting at 8:10 p.m.

 

 

 

________________________________

Robert H. Feldman, Executive Secretary

 

 

Transcripts of these hearings can be obtained from Eateller Bruihl, the Official Court Reporter.