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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 16, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Randall Knox, Vice President Michael Garcia, Commissioner Frank Fung, Commissioner Katharine Albright, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney; Spencer Gosh, Senior Building Inspector Department of Building Inspection; Tina Tam, Senior Planning, Planning Department; Carla Short, Department of Public Works/Bureau of Urban Forestry, (DPW/BUF); Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant, and 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: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: Tina Tam, (PD) reported the status of the permit for alteration on Church Street as requested by the Board on May 9, 2007.
(3) ADDENDUM ITEMS:
(3a) ADOPTION OF FINDINGS:
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Subject property at 662- 12th Avenue. Appeal No. 07-022, Olin vs. DBI, PCD, decided May 2, 2007. At that time, upon motion by President Knox, the Board voted 5-0 to overrule the Planning Commission’s denial, and grant the permit with various conditions as read into the record, and with findings and revised plans to be adopted on May 16, 2007. § 14 Parties: Michael Ng & Darryl Wilburn.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to adopt the findings as amended by the Office of the City Attorney, (OCA).
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) APPEAL NO. V06-177
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ROGER TELLIS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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180 Corwin Street.
Appealing the denial on November 1, 2006, of Parking Variance (proposal is to allow 5 off-street parking spaces where 6 are required for a 6-unit residential building).
VARIANCE CASE NO. 2006.0878V.
PUBLIC HEARINGS HELD & CLOSED ON JANUARY 10, 2007 & APRIL 18, 2007 FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow appellant time to consider issue of Below Market Rate (BMR) condition.
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ACTION: Upon motion by President Knox, the Board voted 3 – 2 (Vice President Garcia and Commissioner Albright (dissented) to uphold the denial of the variance.
SPEAKERS: Roger Tellis, Appellant; Tina Tam, PD.
PUBLIC COMMENT: None.
(5) APPEAL NO. 07- 012
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GALE ELSTON, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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850 Greenwich Street.
Appealing a determination dated January 31, 2007, addressed to Gale Elston, regarding the commercial use of the ground floor at the subject property.
PUBLIC HEARING HELD & CLOSED ON MAY 2, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to submit additional information pursuant to the Board’s comments.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 4 – 1 (Commissioner Albright dissented) to overrule the Zoning Administrator letter determination with findings to be adopted at a later date.
SPEAKERS: Gale Elston, Appellant; Tina Tam, PD; Scott Sanchez, PD.
PUBLIC COMMENT: Bill Getz spoke in favor of the Zoning Administrator and said the unit has been always a residential use.
Vicky Getz said that she has lived in the building for many years and the unit was always residential and not commercial.
(6) APPEAL NO. 07- 019
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SUHEIL SALFITI, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1598 McAllister Street.
Appealing the denial on February 9, 2007, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 176, 673.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 4 - 1 (Commissioner Fung dissented) to uphold the denial of the permit.
SPEAKERS: Carla Short, DPW/BUF; Appellant did not appear.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07- 031
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JACE ARCHITECTURE, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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2251 Chestnut Street.
Appealing the denial on March 7, 2007, of Permit to Remove & Replace One (1) Tree.
ORDER NO. 176, 735.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to overrule the denial and to grant the tree removal permit with the following conditions: a) that Permit Holder plant three 24 inch box trees on Chestnut street; b) that Permit holder pay for maintenance of said trees for six months and c) that Permit Holder ensure regular maintenance of said trees for three years, and with findings to be adopted at a later date.
SPEAKERS: Carla Short, DPW/BUF; Jace Levinson, Agent for Appellant.
PUBLIC COMMENT: Patricia Vaughey described the planting program she is involved in on Chestnut Street and said she supports the appellant.
(8) APPEAL NO. 07- 034
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FAISAL SALBI, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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723 – 38th Avenue.
Appealing the denial on March 7, 2007, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 176,734.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to continue the matter to 7/11/07, with the public hearing closed, and with a report from DPW/BUF at that time.
SPEAKERS: Carla Short, DPW/BUF; Faisal Salbi, Appellant; Marie Conroy-Salbi, wife of Appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. V07- 008
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PINE STREET HOLDINGS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2255-2257 Pine Street.
Appealing the conditions placed on Minimum Lot Area, Rear Yard, and Off-Street Parking Variances (subdivide an existing through lot of approximately 3,188sf in area into two separate lots).
VARIANCE CASE NO. 2005.1128V.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to reschedule the matter to 7/11/2007, at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07- 017
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PERRY CHIA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2462 – 27th Avenue.
Protesting the issuance on January 31, 2007, to Peter & Delly Wong, Site Permit to Alter a Building (on single-family house: add 3rd floor with 3 rooms and 2 bathrooms, new dining room, kitchen and exercise room; miscellaneous interior remodeling).
APPLICATION NO.2005/10/14/5610S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to reschedule the matter to 6/06/2007, pending resolution of CEQA appeal at the Board of Supervisors.
SPEAKERS: Perry Chia, Appellant; Judith Rentschler, Attorney for Permit Holder.
PUBLIC COMMENT: None.
There being no further business, President Knox adjourned the meeting at 8:25 p.m.
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter.
