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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 30, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Katharine Albright, Commissioner Frank Fung, Commissioner Robert Haaland, Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Spencer Gosch, Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; Joel Case, 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: Joe Sherer.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) ADOPTION OF FINDINGS:
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Subject property at 2473-2477 Lombard Street. Appeal No. V07-184, Applegate vs. ZA, decided Dec. 19, 2007. At that time, upon motion by Vice President Garcia, the Board voted 5-0 to overrule the denial, and grant the variance with findings to be adopted at a later date. Project: convert ground floor commercial space into garage for two cars; Variance Case No. 2007.0323V.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to adopt the findings.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07-174
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JACQUES JANOT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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963 North Point Street.
Protesting the issuance on September 5, 2007, to IJLN Investments LLC, Site Permit to Erect a Building (four-story, two-unit building with 1,387sf of ground floor area).
APPLICATION NO. 2006/10/12/4833S.
PUBLIC HEARING HELD & CLOSED ON DEC. 12, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to negotiate the easement issue.
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ACTION: Upon motion by Vice President Albright, the Board voted 5 – 0 to reschedule the matter to March 12, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 07-074
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DEBORAH STOTT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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124 -128 Fillmore Street.
Protesting the issuance on May 8, 2007, to David Nale, Site Permit to Alter a Building (on three-unit apartment building: garage in rear yard; variance application filed; roof deck over garage; three-car car lift).
APPLICATION NO. 2005/06/17/5345S.
FOR HEARING TODAY.
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(5B) APPEAL NO. 07-088
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DAVID NALE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. REQUEST FOR SUSPENSION
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124-126 Fillmore Street.
Appealing the suspension on May 22, 2007, of Building Permit Application No. 2005/06/17/5345. Reason for suspension: a bed and breakfast is operating at the subject property without Conditional Use (CU) authorization from the Planning Commission.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to revoke the permit in Appeal No. 07-074 with findings to be adopted at a later date. Afterwards, upon motion by Comm. Haaland, the Board voted 5 – 0 to uphold the DBI suspension in Appeal No. 07-088.
SPEAKERS: Deborah Stott, appellant; Scott Sanchez, PD; Tex Ritter, attorney for permit holder / property owner; David Nale, appellant.
PUBLIC COMMENT: Vallie Brown, Geoffrey Holtz, Christine Ferrari, Robert Van Gool, Jimmy Terrell, and Ronald Townsend spoke in favor of the ZA; Janan New and Seth Cotterell spoke in favor of the permit holder / property owner.
(6) APPEAL NO. 07-186
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ROBERT TRACY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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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.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to continue the matter to February 13, 2008, with the public hearing closed, and for DBI to have time to review the project.
SPEAKERS: Spencer Gosh, DBI; Robert Tracy, appellant; Leo Portal, permit holder.
PUBLIC COMMENT: Joseph Camhi and Silvia Johnson spoke in favor of the appellant.
(7) APPEAL NO. 07-187
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DALE GUTIERREZ
& JOHN ENGDAHL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2138 – 26th Avenue.
Protesting the issuance on Sept. 18, 2007, to Jin Hua Cai, Permit to Alter a Building (on single-family house: construct new deck with staircase at rear of building; size approx. 19’ X 4’).
APPLICATION NO. 2007/09/18/2928.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5 – 0 to uphold the permit on condition that the deck be reduced from 19 feet to 16 feet (1.5 foot reduction from each side property line), that deck pickets be 4 inches apart, and that the debris will be removed within one (1) week of release of Notice of Decision.
SPEAKERS: Dale Gutierrez, co-appellant; Christine Lei, agent for permit holder; Spencer Gosh, DBI.
PUBLIC COMMENT: None.
(8) APPEAL NO. 07-189
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ROBERT EASTMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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119 Gates Street.
Protesting the issuance on Oct. 3, 2007, to Jacqueline McLaughlin, Site Permit to Alter a Building (on single-family house: finish existing unfinished basement; expand existing bath at first level; construct new deck at first and second levels at rear; new patio at existing back yard; new patio doors at new deck – rear yard).
APPLICATION NO. 2006/12/20/0258S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to continue the matter to February 13, 2008, to allow time for parties to seek a settlement, and with the public hearing closed.
SPEAKERS: Robert Eastman, appellant; Gita Dev, agent for appellant; David Cumby, agent for permit holder; Spencer Gosh, DBI.
PUBLIC COMMENT: Tim Martin spoke in favor of the appellant. The following people spoke in favor of the permit holder: Jeffrey Maddox, Kevin Flood, and Jacqueline McLaughlin.
(9) APPEAL NO. 07-190
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SO LONG PHUONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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249-251 Onondaga Avenue.
Protesting the issuance on Oct. 2, 2007, to Theresa Marshall, Site Permit to Alter a Building (on single-family house: construct new 1,300sf apartment at existing second floor and deck; strengthen existing structural construction; add new skylight).
APPLICATION NO. 2006/07/31/8086S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Albright, the Board voted 3 – 2 (Comm. Knox and Comm. Haaland dissented) to uphold the permit.
SPEAKERS: So Long Phuong, appellant; Edward Chu, translator; Theresa Marshall, permit holder; Scott Sanchez, PD; John Schlenke, agent for permit holder.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-196
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JOHNSON YOU, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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245 Clement Street.
Appealing a Notice of Violation dated Sept. 28, 2007, addressed to Johnson You, regarding an unauthorized independent massage establishment use at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to April 2, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(11) APPEAL NO. V07-214
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DOLORES ST. HOLDINGS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1266B Dolores Street.
Appealing the denial on Nov. 9, 2007, of Rear Yard Variance (reconstruct a non-conforming two-story rear portion of the building which was demolished during remodeling).
VARIANCE CASE NO. 2007.1102V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5 – 0 to uphold the variance denial.
SPEAKERS: Larry Badiner, ZA; Lu Blazej; agent for appellant, Spencer Gosh, DBI; Jeffrey Maddox, agent for appellant, Vincent Tomera, agent for appellant; Chris Esler, agent for appellant; Rene Peinado, agent for appellant.
PUBLIC COMMENT: The following people spoke in favor of the ZA: Jeff Berry, Mark Follman, Robert Gluck, Silvia Johnson, and Cindy Ossias.
There being no further business, President Garcia adjourned the meeting at 10:13 p.m.
