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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 10, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Michael Garcia, Commissioner Katharine Albright, and Commissioner Robert Haaland.
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); John Kwong, Department of Public Works,(DPW); Johnson Ojo, Department of Public Health,(DPH, EHS); Victor Pacheco, Legal Assistant, for the Board and Easteller Bruihl, Official Court Reporter.
ABSENT: Robert Feldman, Executive Secretary.
(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.
PUBLIC COMMENT: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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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.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to 4/18/07. Both parties agree and will not be present.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2699 Mission Street. Permit issued on March 22, 2006. Last day to appeal was April 6, 2006. Jurisdiction request received on December 22, 2006. Letter from Carmen Ruiz & Maria Andrango, requestors, asking that the Board take jurisdiction over Sidewalk Display Merchandise Permit No. 05D-0637 issued by the Dept. of Public Works Bureau of Street-Use & Mapping (DPW BSM). Permit Holder: Kamel Karajab dba “That’s It Market”.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to 1/31/07.
SPEAKERS: John Kwong, Department of Public Work (DPW,BSM); Carmen Ruiz, requestor; Kamel Karajab, Permit Holder.
PUBLIC COMMENT: None.
(4) APPEAL NO. 06-123
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MATTHEW SUM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1767 – 34th Avenue.
Protesting the issuance on August 2, 2006, to Miguel Puente, Permit to Alter a Building (on single-family house: install rear deck at 36” above grade; abate NOV No. 200669303).
APPLICATION NO. 2006/08/02/8388.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 11, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for permit holder to submit revised plans that conform to the Code.
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ACTION: Upon motion by Vice President Knox, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Laurence Kornfield, Chief Building Inspector, Department of Building Inspection, (DBI); Mary Puente, Permit Holder; Miguel Puente, Permit Holder; Susan Tam, wife of Appellant.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-151
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GORDON YEE & KORI INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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429-433 Haight Street.
Appealing a Notice of Violation dated August 31, 2006, addressed to Gordon Yee & Kori Inc., regarding violations at the subject property of the Planning Commission’s Dwelling Unit Merger Policy, and of Planning Code §§ 151, 790.108, 136(c)(30), 142, 134 (a)(1), & 135.
PUBLIC HEARING HELD & CLOSED ON NOVEMBER 8, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow the appellant time to abate the subject violations, and time to conduct more research as to the parking issue.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the Notice of Violation.
SPEAKERS: Tina Tam, Senior Planner, Planning Department (PD); David Silverman, Attorney for Appellant; Public Comment: Vallie Brown, for Zoning Administrator; Amy Porter, for Appellant; Richard Johnson, for Appellant; Albert Cromedy, for Appellant; Unicorn Escobedo, for Appellant; Regina Dick-Endrizzi, for Zoning Administrator.
(6) APPEAL NO. V06-163
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MARIE LEWANDOWSKI, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2325 Ocean Avenue.
Appealing the denial on October 6, 2006, of Rear Yard Variance (legalize construction of a lower level in-fill addition, deck, and awning, located within the required rear yard).
VARIANCE CASE NO. 2006.0395V.
PUBLIC HEARING HELD & CLOSED ON DECEMBER 6, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow DBI time to conduct a site visit pursuant to the Board’s comments.
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ACTION: Upon motion Vice President Knox, the Board voted 5 – 0 to uphold the denial of the subject variance.
SPEAKERS: Tina Tam, Senior Planner, Planning Department (PD); Christopher Kerosky, Attorney for Appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 06-178
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DANA & MICKEY DANTINE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2116 Baker Street.
Protesting the issuance on November 2, 2006, to Cameron Falconer, Permit to Alter a Building (on single-family house: rear yard addition; full width on ground/basement floor; approximately 15’ wide on 1st and 2nd floors; new deck to fill the lot beside the addition at 1st floor; new casework and appliances in kitchen, and miscellaneous closet revisions in existing bedrooms).
APPLICATION NO. 2006/04/28/0220.
FOR HEARING TODAY.
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ACTION: Withdrawn by the appellants.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 06-169
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MUSA SALEH
dba “BOB’S LIQUOR & GROCERY”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2999 Harrison Street.
Appealing a 15-day suspension of a Tobacco Product Sales Establishment Permit, imposed on October 12, 2006. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-06-242.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to uphold the 15 day suspension.
SPEAKERS: Johnson Ojo, Department of Public Health; Eric Safire, Attorney for Appellant; Musa Saleh, Appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 06-175
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MARCO & MARY QUAZZO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2880 Green Street.
Protesting the issuance on October 20, 2006, to John Sperling, Permit to Alter a Building (on single-family house: repair of an existing fountain; coat roof membrane of 442sf roof deck; repair minor dry rot as needed; replace existing tile with same; no alteration of structure; replace dry rotted joist in kind).
APPLICATION NO. 2006/10/20/5619.
FOR HEARING TODAY.
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ACTION: Withdrawn by the Appellants.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 06-176
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1914 -1916 PINE STREET
HOMEOWNERS ASSOCIATION, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1809 Octavia Street.
Protesting the issuance on October 25, 2006, to Victor Juarez, Permit to Alter a Building (on single-family house: new rear deck at 1st floor level).
APPLICATION NO. 2005/10/31/6951.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: William Heap, Agent for Appellant; Victor Juarez, Permit Holder; Abraham Zavala, agent for Permit Holder; Laurence Kornfield, Chief Building Inspector, Department of Building Inspection(DBI).
PUBLIC COMMENT: None.
(11) APPEAL NO. V06-177
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ROGER TELLIS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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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.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to continue the matter to 2/14/07, with Public Hearing closed and appellant needs to submit alternative proposal pursuant to the Board of Appeals’ comments.
SPEAKERS: Tina Tam, Senior Planner, Planning Department (PD); Roger Tellis, Appellant; Gerald Wolf, for Zoning Administrator (ZA), Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI).
PUBLIC COMMENT: None.
(12) APPEAL NO. 06-179
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JANE CRYAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1585-1587 – 20th Avenue.
Protesting the issuance on November 7, 2006, to Catherine Lee, Permit to Alter a Building (on 2-unit building: demolish kitchen on ground floor to comply with NOV No. 200675847).
APPLICATION NO. 2006/11/07/7034.
FOR HEARING TODAY.
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ACTION: Withdrawn by the Appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(13) APPEAL NO. 06-180
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VALENTINO FAZZARI, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner: DASH-T INC.
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766 Powell Street aka 897 California Street.
Appealing a determination dated November 1, 2006, addressed to Valentino Fazzari, concerning the notification requirements for the proposed project (construct a 6-story building, 65 feet in height, with 9 residential dwelling units and 12 parking spaces) at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 1 to uphold the subject property determination.
SPEAKERS: Tina Tam, Senior Planner, Planning Department(PD); Ki Yun Hwang, Attorney for Subject Property Owner; Joseph Alioto Veronese, Attorney for Appellant; Valentino Fazzari, Appellant.
PUBLIC COMMENT: None.
(14) APPEAL NO. 06-187
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GREG GRIFFIN
dba “BARBER LOUNGE”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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854 Folsom Street.
Appealing a Health Permit Zoning Referral, dated November 28, 2006, addressed to Greg Griffin, which states that massage establishments are not allowed as a primary or accessory use in South of Market Zoning Districts, per Planning Code §§ 803.4 and 803.3(b)(1)(C)(ii).
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to continue the matter to 2/14/07, with the Public Hearing closed and Appellant to research alternative options pursuant to the Board of Appeals’ comments.
SPEAKERS: Tina Tam, Senior Planner, Planning Department (PD); Greg Griffin, Appellant.
PUBLIC COMMENT: None.
There being no further business, President Fung adjourned the meeting at 9:05 pm.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter.
