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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 9, 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, Commissioner Kendall Goh, Commissioner Rafael Mandelman.
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 (PD); Johnson Ojo, Principle Inspector, Department of Public Health, (DPH); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist.
(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: David Pilpel; Tony Fu.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the June 11 and June 18, 2008 minutes.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to adopt the June 11 and June 18, 2008 minutes.
(4) SPECIAL ITEM:
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Discussion and possible action to suspend Article IV of the Board rules requiring a court reporter at every Board meeting. Pending a new contract for a court reporter, discussion and possible adoption of an interim policy to designate the SFGTV recording as the Board’s official record.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to adopt the interim policy.
(5) ADDENDUM ITEMS:
(5a) ADOPTION OF FINDINGS:
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Subject property at 2157 Lombard Streetaka 256 Moulton Street. Appeal No. 08-046, OK Investments vs. ZA, decided June 11, 2008. At that time, upon motion by President Garcia, the Board voted 4-0-1 (Commissioner Haaland absent) to overrule the Notice of Violation with adoption of findings on July 9, 2008. NOV: regarding the unauthorized non-retail “administrative service use” known as “Brothers by Choice” at the rear commercial space of the subject property.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to adopt the findings as prepared by OCA.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5b) ADOPTION OF FINDINGS:
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Subject property at 770 - 18th Avenue. Appeal No. 08-049, Lei vs. DBI, PCD, decided June 18, 2008. At that time, 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 the ground floor and second floor; b) that the 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.
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ACTION: Upon motion by Commissioner Peterson, the Board voted 5 – 0 to continue the matter to July 16, 2008.
SPEAKERS: David Silverman, attorney for appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 08-055
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PEARL MARKET, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1201 Divisadero Street.
Appealing a thirty (30) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 9, 2008. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-08-37.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reduce the suspension to fifteen (15) days.
SPEAKERS: Johnson Ojo, DPH; Basel Iskndafi, agent for appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-058
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McBAKER MARKET, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1800 McAllister Street.
Appealing a fifteen (15) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 9, 2008. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-08-41.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to uphold the 15-day suspension.
SPEAKERS: Johnson Ojo, DPH; Appellant did not appear.
PUBLIC COMMENT: None.
(8) APPEAL NO. 08-026
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BARBARA CALLOWAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPRTOVAL
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1060 Gilman Avenue.
Protesting the issuance on Feb. 8, 2008, to Charlie James, Permit to Erect a Building (three-story, single-family house with 1,960sf of ground floor area).
APPLICATION NO. 2006/10/24/5911S.
PUBLIC HEARING HELD & CLOSED ON MAY 7, 2008. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for Planning Dept. staff to re-review the project.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Goh dissented) to uphold the permit on condition that the windows bordering the appellant’s property be non-transparent and offset, and that a Notice of Special Restrictions (NSR) be filed on the land records restricting use to single-family residence, and with the following additional conditions: no wet bar on ground floor, open connections between ground and second floor, and no bathrooms on ground floors.
SPEAKERS: Tina Tam, PD; Arthur Emerson, agent for appellant; David Silverman, attorney for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-042
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LYNNE LOVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1559 – 23rd Avenue.
Protesting the issuance on March 11, 2008, to Lawrence Choy, Permit to Alter a Building (remodel existing kitchen and bathrooms at 2nd floor; two new bedrooms and two toilet rooms, and one storage room to be constructed at ground floor; replace beams; new rear deck attached to building at 2nd floor).
APPLICATION NO. 2008/03/06/6499.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to reschedule the matter to July 16, 2008.
SPEAKERS: Summer Bei, attorney for appellant; Lynne Love, appellant; permit holder did not appear.
PUBLIC COMMENT: None.
(10) APPEAL NO. 08-048
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AUGUSTINE FALLAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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337 – 28th Avenue.
Protesting the issuance on March 26, 2008, of Permit to Alter a Building (comply with BID NOV No. 200343967; legalize work performed without permit including demolition of fourth floor penthouse less 10’ X 20’ and three story structure at south side, construction of replacement fourth story less 25’ X 35’, structural upgrades including foundation replacement, and new electrical and plumbing).
APPLICATION NO. 2006/06/27/5202.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule the matter to July 16, 2008, with reduced sets of approved plans to be submitted by Thursday July 10, 2008.
SPEAKERS: Augustine Fallay, appellant; Michael Betz, attorney for permit holder; Tina Tam, PD; Laurence Kornfield, DBI; Tony Fu, agent for permit holder.
PUBLIC COMMENT: Peter Poon, spoke in favor of the permit holder.
(11) APPEAL NO. 08-056
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TED LOWPENSKY, Appellant(s)
vs.
DEPT. OF BULDING INSPECTION, Respondent
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1032 Quesada Avenue.
Appealing the imposition of penalty on April 11, 2008, for work done without a building permit.
APPLICATION NO. 2008/04/10/9413.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 4 – 1 (Commissioner Mandelman dissented) to reduce the penalty to three (3) times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Ted Lowpensky, appellant.
PUBLIC COMMENT: None.
(12) APPEAL NO. 08-057
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JIM & ANGIE TALLENT,
CAROLE & SCOTT CAGE,
& MIKE GREEN, Appellant(s)
vs.
DEPT. OF BULDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3340 Clay Street.
Protesting the issuance on April 8, 2008, to Gordon & Amy Ritter, Permit to Alter a Building (remodel of 4th floor playroom; relocate bedroom to rear and reconfigure to provide for additional bedroom; reconfigure bath; new dormers and skylights; replace single glazed windows to dual glazed at rear).
APPLICATION NO. 2007/12/19/0829.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Angela Tallent, co-appellant; Alice Barkley, attorney for permit holder; Gordon Ritter, co-permit holder; Tina Tam, PD; Philip Rossington, agent for appellants.
PUBLIC COMMENT: None.
(13) APPEAL NO. 08-060
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RENEE MARQUARDT, Appellant(s)
vs.
DEPT. OF BULDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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194 Downey Street.
Protesting the issuance on April 14, 2008, to Tim Kutzkey, Permit to Alter a Building (construct deck over second floor sunroom; remove shed roof over sunroom).
APPLICATION NO. 2008/04/14/9542.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS:
PUBLIC COMMENT: None.
There being no further business, President Garcia adjourned the meeting at 8:05 pm.
