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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 1, 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:
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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: Sharyn Loeb.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 446 Urbano Drive. Permit issued on December 2, 2005. Last day to appeal was December 19, 2005. Jurisdiction request received February 13, 2006. Letter from Mary Porter & Lindbergh Porter Jr., requestors, asking that the Board take jurisdiction over Building Permit Application No. 2005/12/02/9406. Permit Holders: Xue Yuan Jiang, & Beverly Jing Kuang. Project: on single-family house, add family room, full bath, and 6 bedrooms with 6 half baths on ground floor per plan; day care for 6 persons only; cannot prove the room on ground floor is legal, and therefore will pay the entire ground floor room school fee.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to continue the matter to March 22, 2006, with the public hearing closed.
SPEAKERS: Lindbergh Porter Jr., co-requestor; Beverly Jing Kuang, permit holder; Jonas Ionin, PD; Laurence Kornfield, DBI; Sandy Arata Gandolfo, Leslie Plack, David Hoiem, Jim Schneider, Barnard Johnson, Norman Meunier, Erik Lind, and Gary West, for requestors.
(3b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 432 Geary Street. Permit denied on August 9, 2005. Last day to appeal was August 24, 2005. Jurisdiction request received February 13, 2006. Letter from Brendan Hallinan, attorney for Michael Patel, requestor, asking that the Board take jurisdiction over the denial of Building Permit Application No. 2002/02/01/8317. Project: new sign, non-electric, wall, single-faced, painted wall.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to grant the jurisdiction request.
SPEAKERS: Brendan Hallinan, attorney for requestor; Jonas Ionin, PD; Laurence Kornfield, DBI.
(3c) ADOPTION OF FINDINGS:
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Subject property at 1824 Baker Street. Appeal No(s). 05-191, Wynne vs. DBI, decided February 8, 2006. At that time, upon motion by Commissioner Sugaya, the Board voted 5-0 to overrule the denial, and grant the permit with findings to be adopted at a later date. Project: legalize conversion from 7 dwelling units to 2 dwelling units, B.P.A. No. 2003/10/03/6524.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to adopt the findings as amended.
SPEAKERS: Jeremy Paul, agent for appellant(s).
(4) APPEAL NO. 06-009
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THEODORAS KOLIATSIS
dba “4th & GEARY FARMERS MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET-USE & MAPPING, Respondent
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3931 Geary Boulevard.
Appealing the revocation on October 26, 2005, of a Merchandise Display Permit.
PERMIT NO. 05D-0001.
JURISDICTION GRANTED JAN. 11, 2006. FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to overrule the revocation, and instead impose a 6-month suspension to begin retroactively on Oct. 26, 2005.
SPEAKERS: John Kwong, DPW BSM; Yannoula Koliatsis, agent for appellant; Stoudane Barkouki, and Lawrence Israel, for appellant.
(5) APPEAL NO. 05-190
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PAUL BISAILLON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: ALICE LAM
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2549 Post Street.
Appealing the denial on November 7, 2005, of Permit to Alter a Building (on 3-unit apartment building: install new ¾ hour fire rated fixed windows on east side of property wall; revision to Building Permit Application No. 2004/09/24/5144).
APPLICATION NO. 2004/10/14/6841.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-2 (President Fung, and Vice President Knox dissented) to overrule the revocation and grant the permit. Four votes being required to overrule a departmental action, the denial was upheld.
SPEAKERS: Jonas Ionin, PD; Paul Bisaillon, appellant; Joseph Breall, attorney for section 14 party; Cynthia Baroumand, attorney for appellant.
(6) APPEAL NO. 05-202
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JOHN TYNAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1960, 1980-1998 Golden Gate Avenue.
Protesting the issuance on November 23, 2005, to Prana Eight Properties LLC, Permit to Alter a Building (on 12-unit apt. building: response to NOV No. 200338880; remove 2 illegal ground floor dwelling units; remove defective bathroom on 1st floor; remove existing defective rear exit stair and deck; provide new required exit with fire-escape per “local equivalency”; provide new kitchen and bathroom for existing 4th floor apartments).
APPLICATION NO. 2003/12/02/1446.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to reschedule the matter to March 22, 2006.
SPEAKERS: Jonas Ionin, PD; Raquel Fox, attorney for appellant; Curtis Dowling, attorney for permit holder.
(7) APPEAL NO. 06-008
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VADIM & IRINA GORODETSKIY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2423 – 24th Avenue.
Protesting the issuance on January 3, 2006, to Vincent Hang, Permit to Alter a Building (on single-family house: install wood deck and stair at rear yard; less than 10 feet above grade).
APPLICATION NO. 2006/01/03/1363.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit.
SPEAKERS: Vadim Gorodetskiy, co-appellant; Irina Gorodetskiy, co-appellant; Kris Wen, architect for permit holder; Jonas Ionin, PD; Vincent Hang, permit holder.
There being no further business, President Fung adjourned the meeting at 8:30 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 – MARCH 1, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: Sharyn Loeb reported on her problems gaining attention of DBI.
(2) PUBLIC COMMENT: None.
(3) PUBLIC COMMENT: Sandy Arata Gandolfo said the project violates CC&Rs of neighborhood.
Leslie Plack said that he had no notification of project and he lives within 30 feet of property.
David Hoiem said the neighborhood is not desirable for elderly residents.
Jim Schneider had no notice given of this change in use from one-family residential to residential care facility for six elderly.
Barnard Johnson received no notice of the issuance of the permit and no review by neighbors even though zoning goes from RH-1 (D) to R-3.
Norman Meunier had no public notice given which is a slap in the face to neighbors, because the area’s infrastructure can’t handle this increase of residents.
Erik Lind said sewer were monitored because very old and are at capacity.
Gary West said area always just one-family houses and this project is an insult to neighbors since it allows change in use without notice.
(3b/c) PUBLIC COMMENT: None.
(4) PUBLIC COMMENT: Stoudane Barkoulis said appellant causes no problem for pedestrians photos show blockage for short time not all day.
Lawrence Israel said this is unfair to appellant since nothing is ever done to shops on Clement Street where sidewalks are always blocked. Rarely does he see pallets as the sidewalk.
(5) PUBLIC COMMENT: None.
(6) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: None.
