2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 4, 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, 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); Tina Tam, Senior Planner, Planning Department (DP); Jordanna Thigpen, Executive Director, Taxi Commission (TC); Carla Short, Urban Forester, Department of Public Works (DPW/BUF); 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:
|
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.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
|
Discussion and possible adoption of the May 14 and May 21, 2008 minutes.
|
ACTION: Upon motion by President Garcia, the Board voted 4 – 0 to adopt the 5/14/08 and 5/21/08 minutes.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 2200 Beach Street. Permit issued on July 26, 2007. Last day to appeal was August 10, 2007. Jurisdiction request received on April 24, 2008. Letter from Marcus Newberry, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2006/06/27/5184. Project: add elevator, open space decks, French balconies; add new windows and doors per plans; remodel kitchen; see Variance Case No. 2006.0724V. Permit Holder: Arnold Piatti. Note: public hearing held and closed on May 14, 2008; matter continued to allow time for parties to negotiate a settlement.
|
ACTION: Upon motion by President Garcia, the Board voted 4 – 0 to deny the Jurisdiction Request.
SPEAKERS: David Bunim, Attorney for Requestor; Jack Krystal, New Subject Property Owner; Laurence Kornfield, DBI; Tina Tam, PD.
PUBLIC COMMENT: None.
(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Determination of ineligibility for ramp taxicab medallion. Letter from Taxi Commission dated Dec. 14, 2007. Last day to appeal was Dec. 31, 2007. Jurisdiction request received on May 6, 2008. Letter from Khaldoun Sukkar, requestor, asking that the Board take jurisdiction over the afore-mentioned action by the Taxi Commission.
|
ACTION: Upon motion by President Garcia, the Board voted 4 – 0 to grant the Jurisdiction Request.
SPEAKERS: Sukkar Khaldoun, Requestor; Jordanna Thigpen, TC.
PUBLIC COMMENT: Mark Gruberg and Refaee Alrefaee spoke in favor of the Requestor.
(4c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 4726 Geary Blvd.. Zoning Administrator’s Notice of Violation was dated March 19, 2008. Last day to appeal was April 3, 2008. Jurisdiction request received on May 7, 2008. Letter from Paul Horcher, attorney for Well-Care Acupuncture & Health Care, requestor, asking that the Board take jurisdiction over the aforementioned Notice of Violation regarding the operation of an unauthorized massage establishment at the subject property.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 to grant the Jurisdiction Request.
SPEAKERS: Paul Horcher, Attorney for Requestor; Tina Tam, PD; Guo Wang, Agent for Requestor.
PUBLIC COMMENT: Said Amin spoke in favor of the Requestor.
(4d) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 1306 McAllister Street. DPW Bureau of Urban Forestry revised order was dated March 7, 2008. Last day to appeal was March 24, 2008. Jurisdiction request received on May 12, 2008. Letter from Rachel Abraham Pollard, requestor, asking that the Board take jurisdiction over the aforementioned DPW BUF revised order regarding the removal of one (1) tree at the subject property.
|
ACTION: Upon motion by Commissioner Haaland, the Board voted 4 -0 to grant the Jurisdiction Request.
SPEAKERS: Carla Short, DPW/BUF; Raquel Abraham Pollard, Requestor.
PUBLIC COMMENT: None.
(4e) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 338 Silliman Street. Building permit issued on March 12, 2008. Last day to appeal was March 27, 2008. Jurisdiction request received on May 14, 2008. Letter from Raquel Fox, attorney for Victoria Rodas, requestor, asking that the Board take jurisdiction over BPA No. 2008/03/12/6904. Project: remove existing habitable space and interior non-bearing walls only on first floor; demo only; revision to BPA No. 2007/12/11/0235. Permit Holder: Enrico Obert.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 to reschedule the matter to 6/11/08 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5) APPEAL NO. 07-169
|
RE-LEAF CENTER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
2980 – 21st Street.
Appealing a Notice of Violation dated August 24, 2007, addressed to Edward Schmitt and the Re-Leaf Center, that the medical cannabis dispensary use at the subject property is not permitted because it lies within a residential zoning district.
PUBLIC HEARING HELD & CLOSED ON MARCH 12, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for OCA to render a confidential opinion on legal issues presented in this appeal.
|
ACTION: Withdrawn by the Appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 07-186
|
ROBERT TRACY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
3816- 21st Street.
Protesting the issuance on Oct. 1, 2007, to Leo Portal, Permit to Alter a Building (on single-family house: install spiral stair; no structural changes or modification to existing 5’ X 5’ opening).
APPLICATION NO. 2007/09/19/3140.
PUBLIC HEARINGS HELD & CLOSED ON JAN. 30, 2008, AND FEB. 13, 2008. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for permit holder to file for a consolidation permit for entire project.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 to revoke the permit with a finding that a consolidation permit is more appropriate.
SPEAKERS: Laurence Kornfield, DBI; Robert Tracy, Appellant; Rachel Abraham- Polland, Agent for Permit Holder; Leo Portal, Permit Holder.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-227
|
PACIFIC POLK PROPERTIES, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
|
1601 Larkin Street.
Appealing the conditions placed on a Permit to Remove two (2) Trees, and appealing the denial of Permit to Remove four (4) Trees.
ORDER NO. 176,117 (revised).
FOR HEARING TODAY.
|
ACTION: Upon motion by President Garcia, the Board voted 3 – 1 (Vice President Fung dissented) to uphold the revised order.
SPEAKERS: Carla Short, DPW/BUF; Paul Utrecht, Attorney for Appellant; John McInerney, Agent for Appellant.
PUBLIC COMMENT: Joe Butler, Dawn Trennert, Frank Canneta, Michael Schoolnik, Rowena Jen, and Graeme Woodhouse spoke in favor of preserving the trees.
(8) APPEAL NO. 08-021
|
JOHN MARTIN
dba “JRM INTERNATIONAL”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Determination Holder: MAX WILLIAMS
|
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.
|
ACTION: Withdrawn by the Appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-039
|
SUSAN & YARNG ALTAWAL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1780 McAllister Street #3.
Protesting the issuance on March 6, 2008, to James Gause, Permit to Alter a Building (remove and replace kitchen wall cabinets, base board cabinets, and baseboard).
APPLICATION NO. 2008/03/06/6541.
FOR HEARING TODAY.
|
ACTION: Withdrawn by the Appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 08-041
|
LEONARD KOREN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
317 Chestnut Street.
Protesting the issuance on March 12, 2008, to Matthew Preetzer & Helena Jausas-Preetzer, Permit to Alter a Building (remodel family recreation room and bathroom; replace door and window at rear; in-like and kind; comply with NOV Nos. 199704882 & 200562078).
APPLICATION NO. 2008/03/11/6865.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 -0 to uphold the permit.
SPEAKERS: Helena Jausas–Pretzer, Permit Holder; Appellant did not appear.
PUBLIC COMMENT: None.
(11) APPEAL NO. 08-042
|
LYNNE LOVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
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.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 to reschedule the matter to 7/09/08.
SPEAKERS: Summer Bei, Attorney for Appellant; Lynne Love, Appellant; Permit Holder did not appear.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further Business, the President Garcia adjourned the meeting at 8:07 p.m.
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter.
