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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 18, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Tanya Peterson, and Commissioner Kendall Goh.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (DP); Victor Pacheco, Interim Department Head; Manuel Payes, Clerk Typist; Easteller Bruihl, Official Court Reporter.
NOTE: The Board currently has one vacancy, and pursuant to the City Charter, when a vacancy exists, 3 out of 4 votes are needed to overturn of modify a departmental action.
(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) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the June 4, 2008 minutes.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 to adopt the 6/4/08 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
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Subject property at 75 Folsom Street. Appeal No. 07-159, House vs. DBI, PCD, decided May 21, 2008. At that time, upon motion by President Garcia, the Board voted 3-0-1 (Commissioner Peterson absent) to overrule the denial, grant the permit, with adoption of findings at a later date. Project: on 67-unit apartment building: merge units 905 and 906 into one unit; remove wall between units; BPA No. 2007/01/16/1750.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 to adopt the findings with revisions (line struck in paragraph # 3, and typos in paragraphs # 7, 9, and determination).
SPEAKERS: Jeremy Paul, Agent for Appellant.
PUBLIC COMMENT: None.
(4b) REHEARING REQUEST:
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Subject property at 9 Douglass Street. Appeal No. 07-217, Williams vs. DBI, PDA, decided May 14, 2008. At that time, upon motion by Vice President Fung, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the permit on condition that the plate height elevation for the new floor be 8 feet and that the maximum height for the roof peak be 13 feet - 4 inches. Permit Holder: Lawrence Nathanson. Project: on single-family house, vertical addition to rear portion of house for new master bedroom suite; interior renovation; BPA No. 2007/01/11/1515S.
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ACTION: Withdrawn by the Appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 442 Haight Street. Permit issued on May 6, 2008. Last day to appeal was May 21, 2008. Jurisdiction request received on May 28, 2008. Letter from Thea Selby, requestor, asking that the Board take jurisdiction over BPA No. 2007/05/18/1718S. Permit Holder: Harvey Rudman. Project: legalization of an existing medical cannabis dispensary; no physical alteration to existing space.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 to grant the Jurisdiction Request.
SPEAKERS: Thea Selby, Requestor; Brian Soriano, Attorney for Permit Holder; Pat Buscovich, Agent for Permit Holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: Vallie Brown and Robert Johnstone spoke in favor of the requestor.
(5) APPEAL NO. 07-139
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DAVID BASADA
dba “KSJ TAXI”, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on August 2, 2007, of Color Scheme Permit.
FOR REHEARING TODAY. Note: On April 9, 2008, the Board voted 3-1-1 (RK dissented, KA absent) to uphold the revocation. On May 7, 2008, the Board voted 4-0-1 (RK absent) to grant the appellant’s rehearing request, and to set the rehearing for June 11, 2008.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 to uphold the revocation with adoption of the parties’ settlement agreement dated 6/4/08.
SPEAKERS: Thomas Owen, OCA; Ligia Parmenter, Attorney for Appellant.
PUBLIC COMMENT: None.
(6) CLOSED SESSION:
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Conference with Legal Counsel, Anticipated Litigation, City as Defendant.
Board of Appeals, Appeal No. 08-049, Ai Ren Lei vs. DBI, Planning Commission Disapproval, 770 – 18th Avenue, denial of building permit application.
A. Public comment on all matters pertaining to the closed session.
B. Vote on whether to assert the attorney-client privilege to hold closed session to confer with legal counsel regarding anticipated litigation because discussion in open session would likely and unavoidably prejudice the position of the City in that litigation. (CA Government Code § 54956.9; SF Administrative Code § 67.10(d)).
C. Conference with legal counsel in closed session.
D. Reconvene in open session:
1. Report on action taken in closed session, if any, and the vote thereon.
2. Vote to elect whether to disclose any portion of the discussions held in closed session that is not confidential and possible report thereon.
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ACTION: Upon motion by President Garcia, the Board voted 4 - 0 to convene in closed session.
SPEAKERS: None.
PUBLIC COMMENT: None.
ACTION: Upon motion by President Garcia, the Board voted 4 – 0 to not disclose the contents of the closed session.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-049
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AI REN LEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISION DISAPPROVAL
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770 – 18th Avenue.
Appealing the denial on April 11, 2008, of Permit to Alter a Building (four foot setback of first and second floor rear wall; reference previously approved BPA No. 2005/10/06/4962.
APPLICATION NO. 2007/09/24/3528S.
PUBLIC HEARING HELD & CLOSED ON JUNE 11, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to await the vote of Commissioner Robert Haaland.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 to overrule the denial and grant the permit with the following conditions: a) that an interconnected stairway be provided between ground floor and second floor; b) that full bath be changed to ½ bath at the ground floor; and c) that the exit from the ground floor to the street be eliminated, and with adoption of findings at a later date.
SPEAKERS: Tina Tam, PD; David Silverman, Attorney for Appellant.
PUBLIC COMMENT: Eva Alcorn, Richard Tenaza, Elena Rogan, Ailene Coffino, and Ed Levy spoke in favor of the Planning Commission.
Henry Karnilowicz spoke in favor of the Appellant.
(8) APPEAL NO. 07-196
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JOHNSON YOU, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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245 Clement Street.
Appealing a Notice of Violation dated Sept. 28, 2007, addressed to Johnson You, regarding an unauthorized independent massage establishment use at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 to overrule the Notice of Violation with findings and conditions to be adopted at a later date.
SPEAKERS: Tina Tam, PD; Brett Gladstone, Attorney for Appellant; Johnson You, Appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-036
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1314 POLK STREET
ASSOCIATES LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1326 Polk Street.
Appealing a Notice of Violation dated Feb. 27, 2008, which states that the new condominium development at the subject property is in violation of Planning Code § 207.1(b).
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 3 – 1 (Commissioner Peterson dissented) to uphold the Notice of Violation on condition that the eleven (11) parking spaces may remain.
SPEAKERS: Tina Tam, PD; Tuija Catalano, Attorney for Appellant; Stokes Burtis, Agent for Appellant.
PUBLIC COMMENT: Audrey Moy, Paul Ratner, Jessica Nosunchuk, Gil Aurellano, and Pauline Lorenz spoke in favor of the Zoning Administrator.
ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 08-037
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MUSEUM PARC COMPLIANCE
CONTROL COMMITTEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
REDEVELOPMENT AGENCY APPROVAL
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725 Folsom Street.
Protesting the issuance on March 12, 2008, to Culinary Arts Studio, Permit to Alter a Building (tenancy improvements to establish a production catering kitchen with miscellaneous storage etc… at street level; dining room and café).
APPLICATION NO. 2007/11/21/8738.
FOR HEARING TODAY.
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(10B) APPEAL NO. 08-043
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MUSEUM PARC HOA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
REDEVELOPMENT AGENCY APPROVAL
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725 Folsom Street.
Protesting the issuance on March 12, 2008, to Culinary Arts Studio, Permit to Alter a Building (same description as Appeal No. 08-037).
APPLICATION NO. 2007/11/21/8738.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 to revoke the permit with adoption of findings at a later date.
SPEAKERS: Curtis Smolar, Attorney for Appellant; Chris Pastena, Agent for Permit Holder; Scott Lane, Agent for Appellant; Jim Maxwell, Agent for Permit Holder; Randy Waldek, Agent for Permit Holder, Jonathan Kirchner, Agent for Appellant.
PUBLIC COMMENT: Stan Feinsod, Mindy Brandon, Louis Bonsignore, Joseph Vickstein, Grey Chew; Toney Yeh, Lydia Lee Chang, Diane Rooney, Leo Chyi, Peter Hartman, Jim Donnelly, Neil Rains, Jim Bourgart, Yoshi Murai, Martin Maguss, Carole Ginn, and Vikki Hart spoke in favor of the appellant.
(11) APPEAL NO. 08-050
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KATHLEEN DUDEK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1579 La Salle Avenue.
Protesting the issuance on Dec. 24, 2007, to Amy Wai Lin Chu, Permit to Alter a Building (demolition of existing porch at rear of existing building; proposed two story rear addition at rear of existing one story over garage).
APPLICATION NO. 2007/05/23/2022S.
JURISDICTION GRANTED APRIL 2, 2008.
FOR HEARING TODAY.
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ACTION: Administratively Withdrawn
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 08-051
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TENANTS AT 800-808 LYON ST.
& 1960-1980 GOLDEN GATE AVE., Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1960 Golden Gate Avenue.
Protesting the issuance on April 3, 2008, to James Ulahue, Permit to Alter a Building (remove existing deck with invalid easement over subject property; reference BPA No. 2008/02/05/3995).
APPLICATION NO. 2008/01/28/3333.
FOR HEARING TODAY.
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(12B) APPEAL NO. 08-052
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TENANTS AT 800-808 LYON ST.
& 1960-1980 GOLDEN GATE AVE., Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1980 Golden Gate Avenue
aka 800-808 Lyon Street.
Protesting the issuance on April 3, 2008, to Prana Eight Properties LLC, Permit to Alter a Building (comply with SFFD BFP NOV and DBI HIS NOV regarding existing deck and 2nd means of egress; new window; remove deck with invalid easement over adjacent property [separate permit]; provide fire escape to provide 2nd means of egress).
APPLICATION NO. 2008/02/05/3995.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 to reschedule both matters to 08/20/08.
SPEAKERS: Patrick Buscovich, Agent for Permit Holder; Joe O’Donashue, Agent for Appellants; Raquel Fox, Attorney for Appellants; Laurence Kornfield, DBI.
PUBLIC COMMENT: None
(13) APPEAL NO. 08-054
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ROBERT PENN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1307 Hayes Street.
Appealing a Letter of Determination dated April 2, 2008, regarding the current zoning for the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 to reschedule the matter to 08/13/08.
SPEAKERS: None. Appellant did not appear.
PUBLIC COMMENT: None.
(14) APPEAL NO. 08-069
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MANUEL & MERCEDES MURILLO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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367 Munich Street.
Appealing the imposition of penalty for construction work done without a permit.
APPLICATION NO. 2006/07/24/7448S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung , the Board voted 4 - 0 to reduce the penalty to two (2) times the regular fee.
SPEAKERS: None. DBI consented to reduction.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further Business, the President Garcia, adjourned the meeting at 10:30 p.m.
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter.
