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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES -- WEDNESDAY, AUGUST 29, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Randall Knox, Vice President Michael Garcia, Commissioner Katharine Albright, Commissioner Frank Fung, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Heidi Machen, Executive Director, Taxi Commission (TC); Carla Short, Department of Public Works, Bureau of Urban Forestry (DPW, BUF); Robert Feldman, Executive Secretary, Victor Pacheco, Legal Assistant, for the Board, Manual Payes, Clerk Typist, and Virginia O’Rear, 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) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) SPECIAL ITEM:
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Subject property at 2440 Scott Street. Board final action on Appeal V06-193 was on March 7, 2007. Last day to request a rehearing was March 19, 2007. Jurisdiction request received on July 18, 2007. Letter from Tuija Catalano, attorney for Kevin Connors Trust, asking that the Board reopen the 10-day rehearing request period for Appeal V06-193, Goldin & Keenan vs. ZA, decided February 7, 2007, and findings adopted on March 7, 2007. On Feb. 7, 2007, upon motion by Vice President Garcia, the Board voted 5-0 to revoke the subject variance with findings to be adopted at a later date. On March 7, 2007, upon motion by Commissioner Haaland, the Board voted 5-0 to adopt the findings. Project: construct a new three-story spiral staircase at the rear of the existing three-story building; variance case no. 2006.0216V. Variance Holder: Kevin Connors Trust.
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ACTION: Withdrawn.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3b) SPECIAL ITEM / JURISDICTION REQUEST:
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Subject property at 1844 Market Street. Letter from Susan Zemsky, requestor, asking that the Board allow the filing of an appeal against BPA No. 2006/07/14/6588S, issued on July 17, 2007, which was issued pursuant to Conditional Use (CU) Motion No. 17245 by the Planning Commission. Permit Holder: Bayrock Residential. Project: construction of eight-story, 113-unit, residential / commercial building with 16,824sf of ground floor area.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to deny the Jurisdiction Request.
SPEAKERS: Susan Jean Zemsky, requestor; Alice Barkley, attorney for permit holder.
PUBLIC COMMENT: None.
(3c) REHEARING REQUEST:
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Subject property at 121 Brighton Avenue. Letter from Gerrie Scott, appellant, requesting rehearing of Appeal No. 07-061, Scott vs. DBI, PDA, decided July 18, 2007. At that time, upon motion by Commissioner Haaland, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject permit. Permit Holder: Luis Pereda. Project: on single-family house, legalize three existing rooms and bath; City records currently describe the building as one story @ 836sf over garage; building is currently 1,100sf of habitable space; 1,256sf on 2nd floor, and a 357sf bedroom and bath facing the rear yard on ground floor; add one story per plans; BPA No. 2006/06/07/3368.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to deny the Rehearing Request.
SPEAKERS: Gerrie Scott, requestor; Jeff Gard, agent for permit holder; Luis Pereda, permit holder.
PUBLIC COMMENT: None.
(3d) REHEARING REQUEST:
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Subject property at 60 Clarendon Avenue. Letter from Elva Harding, attorney for Gaetano Zaneli, appellant, requesting rehearing of Appeal No. 07-062, Zaneli vs. DBI, decided July 18, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject permit. Permit Holder: Tom McGrath. Project: on single-family house, revision to BPA No. 2004/04/22/2053; change 10 piers to soldier piers; BPA No. 2007/05/01/0078.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to deny the Rehearing Request.
SPEAKERS: Elva Harding, attorney for appellant; Jim Reuben, attorney for permit holder.
PUBLIC COMMENT: Joe Cassidy spoke in favor of the permit holder.
(3e) REHEARING REQUEST:
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Taxi Commission’s Public Convenience & Necessity Finding. Letter from Peter Witt, appellant, requesting rehearing of Appeal No. 07-097, Witt vs. TC, decided July 18, 2007. At that time, upon motion by President Knox, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the Taxi Commission with a finding that the public’s convenience and necessity requires the issuance of the subject twenty-five (25) new alternative fuel or hybrid taxi permits, and twenty-five (25) new ramped taxi permits. Taxi Commission Resolution No. 2007-20.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to deny the Rehearing Request.
SPEAKERS: Peter Witt, requestor; Heidi Machen, TC.
PUBLIC COMMENT: Barry Taranto spoke in favor of the Taxi Commission. Tariq Mehmood spoke in favor of the requestor.
(3f) SPECIAL ITEM:
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Subject property at 943 Church Street. Partial suspension of permit effective on June 22, 2007. Last day to appeal was July 9, 2007. Jurisdiction request received on July 17, 2007. Letter from Kevin Cheng and Todd Mavis, requestors, asking that the Board take jurisdiction over the partial suspension of BPA No. 2005/06/14/5053 by the Dept. of Building Inspection at the request of the Zoning Administrator. Project: new vertical addition to single-family dwelling; create one new unit; and remodel unit. Note: On Aug. 1, 2007, the Board voted 3-1-1(Commissioner Haaland dissented, Commissioner Albright absent) to grant the jurisdiction request; four votes being required to grant jurisdiction, the request was denied. PUBLIC HEARING CLOSED, PUBLIC COMMENT LIMITED TO ISSUES CONCERNING RECISSION: a) Discussion and possible action to rescind vote on Jurisdiction Request taken August 1, 2007due to Commissioners' error; and (b) Discussion and possible vote on whether to grant jurisdiction request for late filing of appeal.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to rescind the vote of Aug. 1, 2007. Afterwards, upon motion by Commissioner Haaland, the Board voted 5 – 0 to continue the Jurisdiction Request, and to accept the appeal on underlying partial suspension, and to schedule this appeal for Sept. 19, 2007, with all briefs due Thursday before hearing.
SPEAKERS: Todd Mavis, Appellant.
PUBLIC COMMENT: None.
(3g) REHEARING REQUEST:
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Subject property at 2116 Irving Street. Letter from Wilbur Woo, appellant, requesting rehearing of Appeal No. 07-060, Woo vs. ZA, decided August 1, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject Notice of Violation that the “Quickly” establishment at the subject property has not procured proper Planning Department authorization, in violation of Planning Code §§ 703.3 & 703.4.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to grant the Rehearing Request, and to set the Rehearing for Oct. 3, 2007.
SPEAKERS: Christina Chang, agent for requestor; Tina Tam, PD.
PUBLIC COMMENT: None.
(3h) REHEARING REQUEST:
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Subject property at 383 Crestlake Drive. Letter from Stella Chiu, appellant, requesting rehearing of Appeal No. 07-069, Chiu vs. DBI, PDA, decided August 1, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject permit. Permit Holders: Heddy & Monio Pilpel. Project: on single-family house, horizontal addition and some ground floor interior remodel to include family room, bedroom, bath, and laundry room; BPA No. 2006/07/20/7181S.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to deny the Rehearing Request.
SPEAKERS: Jamie Chiu, agent for requestor; David Pipel, agent for permit holder.
PUBLIC COMMENT: Roy Lew for spoke in support of the requestors.
(3i) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 3525 – 16th Street. Permit issued on July 6, 2007. Last day to appeal was July 23, 2007. Jurisdiction request received August 13, 2007. Letter from Peter Young, James Skoulat, and Paul Sanford, requestors, asking that the Board take jurisdiction over Building Permit Application No. 2007/06/28/5346. Permit Holder: Donald Rice. Project: new rear deck and stair; less than 10’-0” above ground.
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ACTION: Upon motion by Commissioner Albright, the Board voted 3 – 2 (President Knox and Commissioner Haaland dissented) to deny the Jurisdiction Request.
SPEAKERS: Peter Young, requestor; Donna Rice, co-permit holder.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07-051
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CHONG LOW, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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886-890 Lombard Street.
Appealing a Stop Work Order Request dated April 5, 2007, addressed to Isam Hasenin, Director of the Dept. of Building Inspection, asking that Building Permit Application No. 2006/10/23/5704 be suspended because the project (reconstruction of exterior stair at rear) requires neighborhood notification and possibly a variance.
PUBLIC HEARING HELD & CLOSED ON JULY 11, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant, neighbors, and Planning Dept. to negotiate a settlement.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to overrule the Stop Work Order with adoption of revised plans dated Aug., 17, 2007.
SPEAKERS: Chong Low, appellant; Laurence Kornfield, DBI.
PUBLIC COMMENT: Sandy Miller spoke in favor of the ZA.
ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 07-052
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JAZZIE COLLINS, Appellant(s)
vs.
PLANNING COMMISSION, Respondent
Motion Holder(s): TENTH & MARKET LLC
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1407-1435 Market Street.
Protesting the adoption of findings on April 5, 2007, related to the approval of a Planning Code § 309 determination of compliance and request for exceptions for the construction of a residential project containing approximately 719 dwelling units, approximately 19,000sf of retail space, and a garage with a capacity of up to 593 parking spaces.
MOTION NO. 17414.
PUBLIC HEARING HELD & CLOSED ON JULY 11, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued in order to decide the companion variance appeal at the same time.
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SEE 5B.
(5B) APPEAL NO. V07-111
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JAZZIE COLLINS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1407-1435 Market Street
& 16-70 – 10th Street.
Protesting the granting on June 28, 2007, to Tenth & Market LLC, Elevator Penthouse Height Exemption, Usable Open Space Dimension, Dwelling Unit Exposure, Hazard-Level Wind, and Loading Entry Variances (construction of two buildings sharing a common base and containing approximately 719 dwelling units, approximately 19,000sf of retail space, and a garage with a capacity of up to 593 parking spaces).
VARIANCE CASE NO. 2006.0584V.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 3 – 2 (President Knox and Commissioner Haaland dissented) to uphold the Planning Code § 309 adoption of findings, and to uphold the variances.
SPEAKERS: Sue Hestor, attorney for appellant; Tom Radulovich, agent for appellant; Tim Tosta, attorney for motion holder/variance holder; Craig Nikitas, PD.
PUBLIC COMMENT: Tim Colen, Tyrone Cobb, Fidencio Salazar Jr., David Beede, Robert Gabino, Jim Salinas Sr., Jim Bachley and Mara Blitzer spoke in favor of the motion holder.
(6) APPEAL NO. 07-078
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SUZANNE BERGER, ROSS MOORE,
EARL STOKES, MICHAEL LOHCA,
& CHRIS ROLLINSON, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET-USE & MAPPING,
Respondent
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3463 – 16th Street.
Protesting the issuance on May 10, 2007, to “Kape at 16th”, Café Tables & Chairs Sidewalk Permit.
ORDER NO. 176,847.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to uphold the permit on condition that all 3 tables be placed on 16th St., so long as the 3rd table does not violate DPW/BSM guidelines, and on condition that no tables and chairs be place on Dehon St.
SPEAKERS: Suzanne Berger, co-appellant; Bill Comfort, agent for permit holder, Chris Rollinson, co-appellant; Enrico DeGuzman, agent for permit holder.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-081
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SHLOMO GONEN
dba “MIDTOWN LOAN OFFICE”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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39 – 6th Street.
Appealing the denial on March 27, 2007, of Pawnbroker Permit.
JURISDICTION GRANTED MAY 9, 2007.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to continue to Feb. 6, 2008, with the public hearing closed, and for appellant to seek amendment of Police Code.
SPEAKERS: Thomas O’Neill, SFPD; Jon Webster, attorney for appellant; Tal Schmangal, agent for appellant.
PUBLIC COMMENT: None.
(8) APPEAL NO. 07-103
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SHERATON HOTEL
FISHERMAN’S WHARF, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY,
Respondent
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2500 Mason Street.
Appealing the denial on June 11, 2007, of Permit to Remove & Replace Twelve (12) Trees.
ORDER NO. 176,890.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 1 (Commissioner Fung dissented) to uphold the denial.
SPEAKERS: Carla Short, DPW, BUF; Vincent Lattanzio, agent for appellant; Roy Legitt, agent for appellant; and David Givens, agent for appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07-077
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THOMAS CORBETT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2049 San Jose Avenue.
Appealing the imposition of penalty on May 22, 2007, for work done without a permit (on single-family house: remove illegal kitchen and bath on first floor garage level; cap all utilities at source; convert to storage).
APPLICATION NO. 2007/05/21/1814.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to reduce the penalty to two (2) times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Mark Schwartzle, Subject Property Owner.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-079
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DEAN BALLBACK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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741 Castro Street.
Protesting the issuance on May 23, 2007, to 741 Castro LLC, Permit to Alter a Building (on four-unit apartment building: new kitchen and bath cabinets, counters, and fixtures; plaster repair; installation to comply with energy codes, Title 24).
APPLICATION NO. 2007/05/23/2112.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(11) APPEAL NO. 07-098
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DOLORES STREET
HOLDINGS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1266B Dolores Street.
Appealing a Notice of Violation dated June 1, 2007, addressed to Dolores Street Holdings LLC, regarding the unauthorized demolition of a previously existing (non-complying) one-story rear addition at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to reschedule the matter to Sept. 12, 2007, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(12) APPEAL NO. V07-133
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SUZANNE SCULL, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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78 Peralta Avenue.
Appealing the denial on August 3, 2007, of Parking Variance (removal of required conditions per Variance Case No. 1998.567V that allowed a second dwelling unit on the ground floor through the removal of the existing off-street parking space of the subject building).
VARIANCE CASE NO. 2007.0449V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to continue the matter to Oct. 10, 2007, with the public hearing closed, and for the appellant to confer with the Z.A. on alternative options.
SPEAKERS: Tina Tam, PD; Siri Scull, daughter of appellant; Laurence Kornfield, DBI; Suzanne Scull, appellant.
PUBLIC COMMENT: Anita Khan, spoke in support of the Planning Department.
ITEMS (13A), (13B), (13C), (13D), (13E) & (13F) SHALL BE HEARD TOGETHER:
(13A) APPEAL NO. 05-115
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ANDRE MANDEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #7.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5100.
FOR HEARING TODAY.
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(13B) APPEAL NO. 05-116
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LEAH GUILLERMO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #1.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5684.
FOR HEARING TODAY.
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(13C) APPEAL NO. 05-117
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CHRISTOPHER DUTRA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #5.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5776.
FOR HEARING TODAY.
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(13D) APPEAL NO. 05-118
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SEAN COOPER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #8.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5703.
FOR HEARING TODAY.
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(13E) APPEAL NO. 05-139
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OLIVIA PLATFORD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #11.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5631.
JURISDICTION GRANTED AUG. 10, 2005.
FOR HEARING TODAY.
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(13F) APPEAL NO. 05-140
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FRICK DEAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #12.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5635.
FOR HEARING TODAY.
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ACTION: Items 13A – 13F. Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule all matters to Nov. 7, 2007.
SPEAKERS: None.
PUBLIC COMMENTS: None.
ITEMS (14A) & (14B) SHALL BEHEARD TOGETHER:
(14A) 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. Note: The Board voted 5-0 on July 26, 2006to continue the matter to Call of Chair at the request of DBI.
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(14B) APPEAL NO. 07-072
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TONY FU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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838 Alabama Street.
Protesting the issuance on May 9, 2007, to Jersey Street Associates LLC, Site Permit to Alter a Building (on single-family house: consolidate under single permit all work previously shown under BPA Nos. 2006/03/22/7327, 2006/04/20/9476, 2006/05/03/0499, 2006/05/03/0547, and 2006/05/12/1526; new work not shown previously (clearly) for notification includes raising building 18 inches, infilling light well at north side, and developing basement into habitable space).
APPLICATION NO. 2006/11/15/7736S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (President Knox recused) to uphold both permits.
SPEAKERS: Tony Fu, Appellant; Leo McFadden, Permit Holder.
PUBLIC COMMENT: None.
There being no further business, the meeting was adjourned at 12:20 am.
