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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 2, 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); Heidi Machen, Executive Director, and Tom Owen, Deputy City Attorney, for the Taxi Commission (TC); 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: None.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 2011 – 9th Avenue. Letter from Ken Smaldone, appellant(s), requesting rehearing of Appeal No(s). 05-143, Smaldone vs. DBI, PDA, decided October 5, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold the subject permit. Permit Holder(s): Thomas Swingle. Project: on single-family house, remodel kitchen, bath, and playroom; add 3rd level with study, 2 bedrooms and 2 baths, BPA No. 2003/07/31/0919S.
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ACTION: Withdrawn by appellant per phone message to Board office.
SPEAKERS: None.
(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 Garcia, the Board voted 4-1 (President Sugaya dissented) to reschedule the matter to Nov. 9, 2005. Afterwards, upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Fung absent) to rescind the previous motion, and reschedule the matter to Nov. 30, 2005.
SPEAKERS: None. Appellant did not appear.
(5) APPEAL NO. 05-153
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CHRIS ENOKAWA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1867 – 46th Avenue.
Appealing the imposition of penalty imposed on August 17, 2005, for work done without a permit (on single-family house: comply with NOV No. 200557649; remove illegal units downstairs).
APPLICATION NO. 2005/08/16/0431.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to reduce the penalty to 2 times the regular fee.
SPEAKERS: None. DBI consented to reduction.
ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 05-106
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COLLINS O’NEILL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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586 Lisbon Street.
Appealing the denial on June 16, 2005, of Permit to Demolish a Building (2-story single family house with 1200sf of ground floor area).
APPLICATION NO. 2002/06/12/8820.
PUBLIC HEARING HELD & CLOSED OCTOBER 5, 2005. FOR FURTHER CONSIDERATION TODAY.
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(6B) APPEAL NO. 05-107
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COLLINS O’NEILL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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586 Lisbon Street.
Appealing the denial on June 16, 2005, of Site Permit to Erect a Building (3-story single family house with 1220sf of ground floor area).
APPLICATION NO. 2002/06/12/8815S.
PUBLIC HEARING HELD & CLOSED OCTOBER 5, 2005. FOR FURTHER CONSIDERATION TODAY. Note: Matters continued to allow time for appellant to submit revised plans pursuant to the Board’s comments, and pursuant to any further concerns of the Planning Department.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denials, and grant the permits with revised plans, and with findings to be adopted at a later date.
SPEAKERS: William Lim, agent for appellant; Jonas Ionin, PD; Steven Currier, for PC.
(7) APPEAL NO. 04-066
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JAMIE YUEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on June 10, 2004, of medallion no(s). 1100.
RESOLUTION NO. 2004-31.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-1-1 (Commissioner Knox dissented, Vice President Fung absent) to uphold the revocation.
SPEAKERS: Geoffrey Rotwein, attorney for appellant; Heidi Machen, TC; Inspector Farrell Suslow, SFPD; Mark Gruberg, for TC; Barry Taranto and Dan Hinds, for appellant; Jamie Yuen, appellant.
(8) APPEAL NO. 04-073
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DIANE COHEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on June 18, 2004, of medallion no(s). 1147.
RESOLUTION NO. 2004-37.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Fung absent) to uphold the revocation.
SPEAKERS: Geoffrey Rotwein, attorney for appellant; Heidi Machen, TC; Inspector Farrell Suslow, SFPD; Mark Gruberg, for TC.
(9) APPEAL NO. 04-122
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BORIS SHAMIS, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the suspension on September 1, 2004, of a Driver of Public Passenger Vehicle For Hire Permit.
PERMIT NO. 055382.
RESOLUTION NO. 2004-48.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4-0-1 (Vice President Fung absent) to uphold the suspension.
SPEAKERS: Geoffrey Rotwein, attorney for appellant; Heidi Machen, TC; Sgt. Vince Simpson, SFPD; Boris Shamis, appellant.
(10) APPEAL NO. 04-136
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JUAN MAGARIN
dba “MISSION BAY TOW”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1100 Crescent Avenue.
Appealing a Police Permit Zoning Referral (P51, Tow Car Firm) dated September 28, 2004, addressed to Juan Magarin, that the proposed use at the subject property, tow car operator, is not a permitted use in the NC-S (Neighborhood Commercial Shopping Center) zoning district pursuant to Planning Code §§ 713.1 to 713.95, and that Planning Department records do not indicate the legal establishment of a non-conforming use for a tow car operator at this location.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Fung absent) to continue the matter to Jan. 25, 2006 with the public hearing closed.
SPEAKERS: Juan Magarin, appellant; Jonas Ionin, PD.
(11) APPEAL NO. 05-128
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JAMES WITHRINGTON
dba “GO CAR RENTALS”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
PLANNING DEPT. DISAPPROVAL
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2715 Hyde Street.
Appealing the denial on July 7, 2005, of a Driverless Auto Rental Permit (P02).
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Fung absent) to continue the matter to Feb. 22, 2006 with the public hearing closed.
SPEAKERS: Jonas Ionin, PD; Jeremy Paul, agent for appellant.
(12) APPEAL NO. 05-142
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TOM McDONALD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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1140 Potrero Avenue.
Appealing the denial on August 16, 2005, of Permit to Demolish a Building (2-story single-family house).
APPLICATION NO. 2004/07/23/9615.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to reschedule the matter to Dec. 7, 2005 at the written request of the parties.
SPEAKERS: None.
(13) APPEAL NO. 05-146
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ED HARDY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: FRED BULLOCK
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567 Sanchez Street.
Appealing the denial on August 18, 2005, of Site Permit to Alter a Building (on single-family house: add 3 balconies on north side of building; extend 3rd floor closet at west side to south property line; add chimney enclosure to kitchen exhaust; add 10 foot high wall in rear yard).
APPLICATION NO. 2005/04/18/0216S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 3-2 (President Sugaya and Vice President Fung dissented) to overrule the denial, and grant the permit with deletion of the following revisions: a) extension of 3rd floor closet at west side to south property line; and b) addition of chimney enclosure to kitchen exhaust. 4 votes being required to overrule a departmental action, the denial of the subject permit was upheld.
SPEAKERS: Jonas Ionin, PD; Ed Hardy, appellant; Joe Butler, agent for Sec. 14 Party; Fred Bullock, Sec. 14 Party; Roderic Cranston, Joanne Nelson, Gus Nelson, David Mast, John Moretto, and Gary Beuschel, for appellant; Ronald Slayen, Robert Hogan, Anna Stone, and Philip Berg, for Planning Commission; Jerry Veverka, agent for appellant; Sue Hestor, attorney for Sec. 14 Party.
(14) APPEAL NO. 05-149
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IAN HADDOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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538 Laidley Street.
Protesting the issuance on August 24, 2005, to Kenneally Construction, Permit to Demolish a Building (one-story single-family house with 700sf of ground floor area).
APPLICATION NO. 2005/08/24/1170.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to reschedule the matter to Nov. 9, 2005 at the written request of the parties.
SPEAKERS: None.
There being no further business, President Sugaya adjourned the meeting at 10:15 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 02, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: None.
(2) PUBLIC COMMENT: None.
(3) PUBLIC COMMENT: None.
(4) PUBLIC COMMENT: None.
(5) PUBLIC COMMENT: None.
(6a/b) PUBLIC COMMENT: Steven Currier asked that a Notice of Special Restrictions be required to assure building will be limited to single-family use.
(7) PUBLIC COMMENT: Mark Gruberg said serious repeated violations here that justify revocation.
Barry Taranto asked that Board overrule revocation because appellant has driven and has sincerely apologized for violations; at least reduce penalty to a suspension.
Dan Hinds said appellant has been fulfilling the requirements and that he is an excellent driver.
(8) PUBLIC COMMENT: Mark Gruberg said revocation should be upheld because of the serious violations of regulation and the falsification of waybills.
(9) PUBLIC COMMENT: None.
(10) PUBLIC COMMENT: None.
(11) PUBLIC COMMENT: None.
(12) PUBLIC COMMENT: None.
(13) PUBLIC COMMENT: Roderic Cranston said the first four modifications are minor and he noted that Fred Bullock was not a party to the agreement while the project has the full support of the neighbors.
Joanne Nelson agreed with above. Gus Nelson said modifications have no impact and the wall is O.K. too.
David Mast said the project should be approved.
John Moretto said it is obvious modifications are minimal changes.
Gary Beuschel doesn’t know why anyone objects.
Robert Hogan said the two issues are quality of life and reasonableness.
Ronald Slayen said the parties after much negotiation reached an agreement and now the appellant asks for items that go beyond agreement.
Anna Stone read a letter by Mr. Lotz who wrote no option to change plans that were agreed to.
Philip Berg said a deal is a deal.
(14) PUBLIC COMMENT: None.
