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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 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 Michael Garcia, Commissioner Katharine Albright and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Ron Tom, Chief Building inspector, Department of Building Inspection (DBI); Jonas Ionin, Senior Planner, Planning Department; Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant, for the Board; 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 Weingarten asked the Board to be responsive to tenant evictions after a building has been subject to the Ellis Act; Jeremy Paul welcomed the newest member of the Board.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS: None.
(4) APPEAL NO. 06-084
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JOSEFA VALLECILLOS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1318 Palou Avenue.
Appealing the imposition of penalty on May 25, 2006, for work done without a permit (on single-family house: remove kitchen and storage on 1st floor; legalize bedroom and bathroom on 1st floor; open 2nd exit door to rear; plumbing and electrical work on 1st floor; comply with NOV No. 20667369).
APPLICATION NO. 2006/05/09/1100.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to reduce the penalty to two times the regular fee.
SPEAKERS: Ron Tom, DBI; Josefa Vallecillos, appellant.
PUBLIC COMMENT: None
(5) APPEAL NO. 06-089
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CESAR CABRERA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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266 Maynard Street.
Appealing the imposition of penalty on June 1, 2006, for work done without a permit (on single-family house: revert back to original legal use as a laundry room; remove stove; comply with NOV No. 200669039).
APPLICATION NO. 2006/06/01/2928.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to continue the matter to August 16, 2006, with the public hearing closed.
SPEAKERS: Ron Tom, DBI; Cesar Cabrera, appellant.
PUBLIC COMMENT: None
ITEMS 6A & 6B SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 06-060
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ISAAC ABRAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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737 Castro Street.
Protesting the issuance on April 18, 2006, to Dean Ballback, Permit to Alter a Building (on single-family house: revision to BPA No. 2005/09/08/2285; show all new framing at rear room; lower back roof 18” and move railing 3’ off south property line; landscape rear yard, retaining walls and fence; comply with NOV nos. 200561712, 20067313, and 200667626).
APPLICATION NO. 2006/04/18/9218.
PUBLIC HEARING HELD & CLOSED ON JUNE 14, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow permit holder time to meet with Planning Staff regarding variance issue.
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(6B) APPEAL NO. 06-093
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ISAAC ABRAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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737 Castro Street.
Protesting the issuance on August 22, 2005, to Dean Ballback, Permit to Alter a Building (on single-family house: replace portion of foundation; concrete cap; north side footing).
APPLICATION NO. 2005/08/22/0845.
JURISDICTION GRANTED 06/14/2006.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to continue both matters to Call of the Chair pending the variance application by the permit holder.
SPEAKERS: Jeremy Paul, agent for permit holder; Isaac Abrams, appellant; Ron Tom, DBI.
PUBLIC COMMENT: None
(7) APPEAL NO. 06-073
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KAM & SOO WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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700 – 4th Avenue.
Protesting the issuance on April 28, 2006, to Korean Covenant Church, Site Permit to Alter a Building (change occupancy with maximum at 100 persons; add elevator; revise exiting; revise property line fire walls; legalize ground floor kitchen and dining; variance for rear yard exit stair case, variance case no. 2004.0613V).
APPLICATION NO. 2005/06/08/4603S.
PUBLIC HEARING HELD & CLOSED ON JULY 12, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow parties time to work on settlement regarding mitigation measures.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to continue the matter to August 16, 2006 at the prior written request of the parities.
SPEAKERS: None
PUBLIC COMMENT: None
(8) APPEAL NO. V06-085
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PATRICK
& CHRISTINA McALEAVY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1275 – 15th Avenue.
Appealing the condition(s) placed on an Off-Street Parking Variance, granted on May 19, 2006, to Patrick & Christina McAleavy (legalize 2nd dwelling unit at the ground floor/garage level without providing the required independently accessible off-street parking space).
VARIANCE CASE NO. 2005.0929V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia the Board voted 5 – 0 to uphold the variance with deletion of condition No. 1 & No. 1a, and with the adoption of the ZA’s other findings.
SPEAKERS: Jonas Ionin, PD; Patrick McAleavy, co- appellant.
PUBLIC COMMENT: None
(9) APPEAL NO. 06-087
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DONG FU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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838 Alabama Street.
Protesting the issuance on May 12, 2006, to James McFadden, Permit to Alter a Building (on single-family house: replace windows in front and back; raise basement by 1’ – 6”; adjust new roof line to accommodate joist; add new beams and shear walls on upper floors to reinforce layout and install tile over concrete steps as needed; new laundry at basement and new layout on 1st floor; new stairs; interior remodel).
APPLICATION NO. 2006/05/12/1526.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to recuse Vice President Knox. Afterwards, upon motion by President Fung, the Board voted 4-0-1 (Vice President Knox recused) to reschedule the matter to Call of the Chair at the request of the DBI, and with agreement of the appellant.
SPEAKERS: None
PUBLIC COMMENT: None
(10) APPEAL NO. 06-090
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KATHERINE BIRD
& WILLIAM ROTHRUM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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500-506 Cole Street.
Protesting the issuance on May 17, 2006, to Richard Baldwin, Site Permit to Alter a Building (on 4-unit apartment building: new 2-car tandem garage at rear with new roof decks above; rear yard variance no. 2001.0325V granted on June 19, 2001).
APPLICATION NO. 2004/04/13/1122S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 5 – 0 to continue the matter to August 30, 2006, with the public hearing closed.
SPEAKERS: William Rothrum, co appellant; Katharine Bird, co appellant; Richard Baldwin, permit holder; Linda Dunn, wife of permit holder; Ron Tom, DBI.
PUBLIC COMMENT: None
(11) APPEAL NO. 06-091
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JUSTINE JUSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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943 Church Street.
Protesting the issuance on May 23, 2006, to Kevin Cheng, Site Permit to Alter a Building (on single-family house: new vertical addition; create new dwelling unit; remodel existing building).
APPLICATION NO. 2005/06/14/5053S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3 – 2 (Vice President Knox and Commissioner Haaland dissented) to uphold the permit.
SPEAKERS: Justine Juson, appellant; Kevin Cheng, co-owner and permit holder; Todd Mavis, co-owner; Jonas Ionin, PD; Alex Bash, agent for appellant; Arnie Lerner, agent for appellant; Henry Shapiro, agent for appellant.
PUBLIC COMMENT: Ralph Hoffschildt said that one additional story is acceptable but this is not, and he supports the appellant; Brian Driscoll is opposed to a fourth floor on the addition; Neil Sims supports the project because the plans meet all codes and was approved by all professionals at the Planning Commission; Michelle Driscoll said she opposes new plan and the permit holder could create additional living space on lower floor without adding two new stories; Cynthia Gair said project will block light and air and will be a bad precedent; Chris Lalli supports project which meets all codes and passed the Commission; John Orofino opposes project because it will put his tenants in the dark; Ted Loewenberg supports the project because they did everything right; Susan Alexander opposes the project which will block light from her windows and will be a bad precedent for the street; Michael Harte supports the addition which won’t block windows; Hillary Turner said it will have a very negative impact on the neighborhood; Dawnne Woodie supports the project which will not block any vistas or major views; Thomas Kazarian said project will be destructive to the character of the neighborhood; Donna Boyer read a letter in support of the project; James Hetherington said there is enough room in the house to create the additional space needed, and there is no need to build up; Elizabeth Hirsch read a letter from Steven White, and said the only issue in the proposed height which will block views of the existing owners and tenants; Allen Churchill said one story was fine but to add two is not appropriate; Brian Smith welcomed the new neighbors and added that there is no need to build up since there is exiting space in the building to add the rooms needed by the owners; Travis Pacoe said neighbor alternatives are more cost effective and would add value to the property and benefit the neighborhood; David Massen was in favor of appellant and said his reasons were already stated.
There being no further business, President Fung adjourned the meeting at 8.33 p.m
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from official court reporter.
