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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, APRIL 26, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Hisashi Sugaya.
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:
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) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS: None.
(4) APPEAL NO. 06-033
RANDY VAN TRAN
dba “SEVAN LIQUORS & DELI”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1508 Taraval Street.
Appealing a 10-day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 8, 2006. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-06-031.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to uphold the 10-day suspension.
SPEAKERS: Cecilia Mangoba, attorney for DPH; Randy Van Tran, appellant.
(5) APPEAL NO. 05-217
KEVIN HICKS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3079 Broderick Street.
Appealing a Stop Work Order Request dated December 15, 2005, addressed to Acting Director Amy Lee of the Dept. of Building Inspection, asking that a stop work order be implemented for the pending installation of a wall sign at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to reschedule the matter to May 17, 2006.
SPEAKERS: Jonas Ionin, PD; Alice Barkley, attorney for appellant.
(6) APPEAL NO. 06-029
SHARYN LOEB, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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919 Central Avenue.
Protesting the issuance on February 24, 2006, to Bobby Niers & Thomas Jesson, Permit to Alter a Building (on 2-unit building: revision to BPA No. 2005/08/12/0212; change to concrete foundation at south fire wall; repair south property line fence; new partition walls in storage/crawl space; retract deck from north property line, and remove fire wall and wall).
APPLICATION NO. 2006/02/24/5354.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit.
SPEAKERS: Sharyn Loeb, appellant; Thomas Jesson, co-permit holder; Laurence Kornfield, DBI.
(7) APPEAL NO. 06-030
ISA MUHAWIEH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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1409 Castro Street.
Appealing the denial on March 1, 2006, of Permit to Alter a Building (change of occupancy; change of use from single-family residence to retail).
APPLICATION NO. 2005/05/02/1317.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to continue the matter to May 24, 2006 with the public hearing closed.
SPEAKERS: Jonas Ionin, PD; Steven MacDonald, attorney for appellant; Isa Muhawieh, appellant; Robert Roddick, Richard May, and Lori Koon, for appellant; Stephen Collier, and Mitchell Schoenbrun, for Planning Commission.
(8) APPEAL NO. 06-031
GARY GOLDBERG
& SUNNY WANG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: BILL & JOANNE MAHER
VICTORIA MAR
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3025-3029 Sacramento Street.
Appealing the denial on March 7, 2006, of Site Permit to Alter a Building (on 3-unit apartment building: add horizontal addition to rear elevation; sprinklers under separate permit).
APPLICATION NO. 2005/06/27/6107S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, grant the permit, with adoption of the Planning Department’s staff report and the ZA’s code interpretation (dated Jan. 1997) as findings.
SPEAKERS: Jonas Ionin, PD; Joel Yodowitz, attorney for appellants; Susan Mukaeda, agent for appellant; Brett Gladstone, attorney for sec. 14 parties; Victoria Mar, sec. 14 party.
(9) APPEAL NO. 06-032
SANDRA WHITMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1847 Scott Street.
Protesting the issuance on February 28, 2006, to Brian Groner, Site Permit to Alter a Building (on single-family house: construction drawings for additional scope of work to previous permits, BPA Nos. 2003/03/24/0454 and 2003/08/06/1394; site permit to include additions as noted by inspectors; rear stairs and penthouse to be less than 150sf; 2-story vertical addition).
APPLICATION NO. 2003/09/17/5059S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to uphold the permit on condition that the penthouse be removed from the top floor.
SPEAKERS: David Cincotta, attorney for appellant; Andrew Junius, attorney for permit holder; Mike Berline, agent for appellant; Alexandra Quinn, for appellant; Sandra Whitman, appellant; Rodrigo Santos, agent for permit holder.
There being no further business, President Fung adjourned the meeting at 9:10 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. TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – APRIL 26, 2006
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.
(6) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: Robert Roddick said cottage is on corner lot and zoned commercial. Business will employ 2 or 3 people and be a benefit to neighborhood.
Richard May of Friends of Noe Valley said that no one opposes this project except Mr. Schoenbrun and 99% of people support the Appellant.
Lori Koon read several letters in support of appellant and said appellant has followed the rules and she supports the business because it will employ several people.
Mitchell Schoenbrun said he opposes project because it will remove an affordable housing unit from the market and will be the second one lost on the property.
Stephen Collier, attorney for Mr. Schoenbrun said the appellant has let the cottage deteriorate so he could justify a change to commercial use. The area is mostly residential and this house should be retained for housing use.
(8) PUBLIC COMMENT: None.
(9) PUBLIC COMMENT: None.