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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 30, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Vice President Frank Fung, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Senior Planner, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(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.
(2) COMMISSIONERS COMMENTS & QUESTIONS
ITEM A: Discussion and adoption of procedures for amending the rules of the Board. Board rules are posted on the Board website, www.sfgov.org/boa, and are available at the front counter of the Board of Appeals, 1660 Mission Street, Room 3036.
ACTION: Board directed staff to schedule a general workshop on amending the Board rules.
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) ADOPTION OF FINDINGS:
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Subject property at 586 Lisbon Street. Appeal No(s). 05-106/107, O’Neill vs. DBI, PCD, decided November 2nd, 2005. At that time, upon motion by Commissioner Garcia, the Board voted to overrule the denial of the demolition permit and the site permit, with adoption of revised plans as presented to the Board on Nov. 2nd, 2005. Project: demolish a 2-story single family house with 1200sf of ground floor area, BPA No. 2002/06/12/8820; and erect a 3-story single family house with 1220sf of ground floor area, BPA No. 2002/06/12/8815S.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to adopt the findings.
SPEAKERS: None.
(3b) JURISDICTION REQUEST:
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Settlement Agreement between Veterans Cab Co. & the Taxi Commission. Settlement signed on October 27, 2005. Letter from Mark Gruberg, agent for United Taxicab Workers, requestor(s), asking that the Board take jurisdiction over this settlement agreement concerning 25 taxi medallions held by Veteran’s Cab Co. (Medallion Nos. 193, 194, 204, 205, 209, 210, 213 - 216, 220, 222 - 230, 236, 240, 248, 249 and 275.
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ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to reschedule the matter to December 7, 2005.
SPEAKERS: None.
(3c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 839 Rutland Street. Permit issued on October 24, 2005. Last day to appeal was November 8, 2005. Jurisdiction request received on November 14, 2005. Letter from Thomas Drohan, attorney for Marta Ortiz, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/10/24/6379. Permit Holder(s): Teresa Tellerico. Project: on single-family house, remove non-permitted illegal kitchen at garage level and restore back to legal social room; remove stove, sink and cabinets; all walls remain.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to grant the jurisdiction request.
SPEAKERS: Thomas Drohan, attorney for requestor; Daniel Piccinini, attorney for permit holder; Teresa Tellerico, permit holder; Dalia Liang, agent for requestor.
(4) APPEAL NO. 05-137
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ROBERT V. CUEVA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1636-1638 Great Highway.
Appealing the imposition of penalty on August 3, 2005, for work done without a permit (response to NOV no. 200558996; demolish illegal 3rd dwelling unit on ground floor; remove kitchen and bathroom and provide for permitting of storage rooms).
APPLICATION NO. 2005/07/27/8735.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to uphold the penalty.
SPEAKERS: Laurence Kornfield, DBI; appellant did not appear.
(5) APPEAL NO. 05-165
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THANH NGO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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45 Country Club Drive.
Protesting the issuance on September 14, 2005, to Eddie Wan, Site Permit to Alter a Building (on single-family house: 2-story horizontal rear addition; ground floor, play room and office; 2nd floor, master bedroom with full bath).
APPLICATION NO. 2004/12/21/1871S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to uphold the permit.
SPEAKERS: Thanh Ngo, appellant; Johnson Hor, attorney for appellant; Joseph Bonkowski, for appellant; Thomas Ngai, Richard Chan, and Leslie Zamarripa, for permit holder; Laurence Kornfield, DBI.
(6) APPEAL NO. 05-161
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ADNAN ZOUBI
dba “CENTRAL HAIGHT MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1301 Haight Street.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on September 14, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 05-05-303.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
(7) APPEAL NO. 05-166
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HOWARD CARTMILL, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 4, 2005, of Driver of Public Passenger Vehicle for Hire Permit (P44) due to non-payment of fees.
PERMIT (A-CARD) NO. 051715.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to overrule the revocation on condition that all fees and penalties be paid.
SPEAKERS: None. Taxi Commission consented.
(8) APPEAL NO. V04-199
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STANLEY ANASTASIO, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1314-1316 – 7th Avenue.
Appealing the denial on December 9, 2004, of Rear Yard Variance (proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard).
VARIANCE CASE NO. 2004.0408V.
JURISDICTION GRANTED OCT. 19, 2005.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to uphold the denial.
SPEAKERS: Jonas Ionin, PD; Jeremy Paul, agent for appellant; Cathy Cohn, Darcy Cohn, and Spencer Seidman, for ZA.
(9) APPEAL NO. 05-098
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VIACOM OUTDOOR, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2240 Lombard Street.
Appealing a determination dated May 24, 2005, addressed to Jacky Yan at Fortune America Inc. (New Subject Property Owners Simon Kwan et al.) concerning the legal status of the general advertising sign currently located on the west wall of the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the determination.
SPEAKERS: Jonas Ionin, PD; Anthony Leones, attorney for appellant.
(10) APPEAL NO. V05-160
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CHARLES TRAPOLIN
& STANLEY MORRIS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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634 – 30th Street.
Protesting the granting on September 15, 2005, to Jochen & Ilsook Backs, Front Setback Variance (project is to construct a maximum 6 foot 6 inch tall retaining wall with a 3 foot tall open fence above).
VARIANCE CASE NO. 2004.1107V.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to uphold the variance.
SPEAKERS: Stephen Lightfoot, attorney for appellants; Tony Kim, agent for variance holders; Stanley Morris, co-appellant; Jonas Ionin, PD.
There being no further business, President Sugaya adjourned the meeting at 8:55 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – NOVEMBER 30, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: David Pilpel requested more effective enforcement of Board suspension of appealed permits.
(2) PUBLIC COMMENT: None.
(3a to c) PUBLIC COMMENT: None.
(4) PUBLIC COMMENT: None.
(5) PUBLIC COMMENT: Joseph Bonkowski spoke for group working on neighborhood design guidelines, analyzed project in light of window requirements under guidelines, which require obscure glass and certain sill heights that project fails to meet.
Thomas Ngai said plans comply with all codes.
Richard Chan supports permit holder because he came to him unsolicited to explain the project and listened to his comments.
Leslie Zamarripa for permit holder because he solicited her in-put and incorporated her suggested revisions into his plans.
(6) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: None.
(8) PUBLIC COMMENT: Cathy Cohn said application fails to meet all five requirements that must be met for granting a variance and will result in a degradation of open space needed in this neighborhood and deck will invade privacy of neighbors.
Darcy Cohn submitted photos showing present conditions of site. She said approval would set bad precedent threatening neighborhood. Appellant knew situation when he purchased the property and any hardship is self induced.
Spencer Seidman supports the General Plan and he and people on his petition oppose variance because project doesn’t comply with general plan and commercial space could be used for additional parking without using precious open spaces.
(9) PUBLIC COMMENT: None.
(10) PUBLIC COMMENT: None.
