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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 14, 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 Attorneys (OCA); Laurence Kornfield, Chief of the Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Heidi Machen, Executive Director of Taxi Commission.
(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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SPEAKER: Patricia Vaughey alerted the Board About an appeal scheduled soon which will raise new issues.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS: None.
(4) APPEAL NO. 06-199
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CIRO MATARAZZO, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the removal of Ciro Matarazzo’s name from the Public Convenience & Necessity Medallion Waiting List.
LIST NO. 6-011.
RESOLUTION NO. 2006-115.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 1 (President Knox dissented) to uphold the removal of the appellant’s name from the medallion waiting list.
SPEAKERS: Heidi Machen, for TC; Stephen Conrad, agent for appellant; Ciro Matarazzo, appellant.
PUBLIC COMMENT: Barry Taranto spoke in favor of Taxi Commission, said he thought that the Taxi commission should have followed up each year on fulfillment of medallion holders driving requirement. Though he feels sympathy for the appellant, the Commission should be upheld since the appellant had three opportunities and passed them up and further delay keeps a driver from getting the next open medallion.
ITEMS (5A) & (5B) SHALL BEHEARD TOGETHER:
(5A) APPEAL NO. 06-014
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MALANA MOBERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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869 North Point Street.
Protesting the issuance on January 5, 2006, to North Point Holdings LLC, Permit to Demolish a Building (2-story, single-family house with 1,000sf of ground floor area).
APPLICATION NO. 2005/01/24/3844.
FOR HEARING TODAY. Note: On March 15, 2006, the Board voted 5-0 to reschedule the matter to the Call of Chair pending resolution of the CEQA appeal (demo permit) at the BOS.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to 3/21/07.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5B) APPEAL NO. 06-194
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BRUCE RADO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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869 North Point Street.
Protesting the issuance on November 30, 2006, to North Point Holdings LLC, Site Permit to Erect a Building (3-story, 3-unit building with 2,450sf of ground floor area).
APPLICATION NO. 2005/01/24/3842S.
FOR HEARING TODAY. Note: On January 31, 2007, the Board voted 5-0 to reschedule the matter to the Call of Chair pending resolution of the CEQA appeal (site permit) at the BOS.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to 3/21/07.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 06-192
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FRANCIS D. RYAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1018 Clayton Street.
Protesting the issuance on December 1, 2006, to Gunther Dertz, Permit to Alter Building (renew BPA No. 9416202 [re-roofing] and BPA No. 2003/09/22/5414 [construct 7’-0” X 36” high one-hour fire rated parapet on roof at south side] for final inspection).
APPLICATION NO. 2006/12/01/8898.
FOR HEARING TODAY. Note: Matter rescheduled from Feb. 7, 2007to allow time for parties to engage in mediation at Community Boards.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Francis David Ryan, Appellant; Gunther Dertz, Permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(7) APPEAL NO. 06-198
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BRIXHILDA DABERDAKU
dba “LUIGI’S DELICATESSA”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1926 Lombard Street
Appealing a determination dated December 20, 2006, addressed to Brixhilda Daberdaku, concerning a proposal for off-sale liquor sales 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 the Call of the Chair to allow time for Appellant and Zoning Administration to work out a solution.
SPEAKER: Justin Allamano, Attorney for Appellant.
PUBLIC COMMENT: None.
(8) APPEAL NO. 06-202
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JEFFREY KRAMER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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591-599 Guerrero Street.
Protesting the issuance on December 21, 2006, to Omnipoint – T-Mobile, Permit to Alter a Building (installation of new microcell panel antenna enclosed within new false vent; installation of associated equipment).
APPLICATION NO. 2006/05/19/2075.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to reschedule the matter to 4/18/07.
SPEAKER: Paul Albritton, Attorney for Permit Holder.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07-001
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PO LUN TAM, LAI CHUN TAM,
SOK LAU KWOK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1460-1468 Broadway.
Protesting the issuance on January 3, 2007, to 1460 Broadway LLC, Permit to Alter a Building (on six-unit building: interior remodel of all six units; at 1st level convert storage to habitable space; convert storage to three new parking spaces; sprinklers throughout under separate permit; French doors - not visible from street).
APPLICATION NO. 2006/08/09/8997.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to uphold the permit on conditions that work shall not begin until July 21, 2007.
SPEAKERS: Katherine Kwok, Agent for Appellant; Anand Gohel, Permit Holder; Patrick Kwok, Agent for Appellant.
PUBLIC COMMENT: None.
(10) APPEAL NO. V07-002
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CHUK KWAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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204-206 – 2nd Avenue.
Appealing the denial on January 5, 2007, of Parking Variance (legalize an existing one-bedroom dwelling unit constructed without permits on the ground floor of the two-family residence without an independently accessible parking space).
VARIANCE CASE NO. 2006.1107V.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to reschedule the matter to 3/21/07.
SPEAKERS: None.
PUBLIC COMMENT:
(11) APPEAL NO. 07-004
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PATRICIA VAUGHEY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2277 Chestnut Street.
Protesting the issuance on January 8, 2007, to Phuc Van Ho, Permit to Alter a Building (remodel existing retail space to be nail salon on 1st level; includes new partitions for storage room; lighting and counter; upgrade front entry for disabled access.
APPLICATION NO. 2007/01/08/1210.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 3 – 2 (Commissioners Albright and Haaland dissented) to uphold the permit.
SPEAKERS: Patricia Vaughey, Appellant; Gerald Powell, Agent for Permit Holder; Tina Tam, PD.
PUBLIC COMMENT: Richard Wada of the South East Asia Agency (Agent for permit holder) said his group support immigrants’ small businesses which are a vital part of the City’s Economy and he urged the Board to uphold the permit.
Charles Bain spoke in favor of the appellant and said that 60 of the 83 members of the merchants association oppose this shop because there are enough nail shop already on the street and nail salons are not being picked on.
Caroline Mai spoke for her mother who owns a nail shop two doors away and asked the Board to revoke the permit. Her mother is from Vietnam and raised three children here and needs her shop for support her family. A new salon will be significant competition for her since there are four nail shops within 100 feet.
Allen Tien representing his parents said there are already five stores within walking distance and area doesn’t need another nail shop. His parents had to lay off three employees recently because of the competition of the other shops and one more will make it worse.
Kimberly Le opposes this nail salon because there are already too many in the Marina and she will lose her job if another is approved.
Maggie Sidell said he has lived in the Marina since 1992 and no additional shops are needed.
There being no further business, President Knox adjourned the meeting at 8:35 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reported.
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