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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 2, 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(OCA); Laurence Kornfield, Chief Inspector, Department of Building Inspection(DBI); Lawrence Badiner, Zoning Administrator, Planning Department (ZA); Carla Short, Uban Forester, Department of Public Works/Bureau of Urban Forestry (DPW/BUF); Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant; and Joel Case, Official Court Reporter.
ABSENT: Manuel Payes, Clerk Typist.
(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.
PUBLIC COMMENT: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
PUBLIC COMMENT: None.
(3) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 800 Brotherhood Way. Letter from Julian Lagos, appellant, requesting rehearing of Appeal No. 07-011, Lagos vs. DPW BUF, decided April 4, 2007. At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the subject permit on condition that twelve (12) additional trees be planted in consultation with the DPW BUF. Permit Holder: Mission Development Group. Permit Scope: remove and relocate two (2) trees, and remove and replace thirty-two (32) trees; DPW Order No. 176,333.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to deny the Rehearing Request.
SPEAKERS: Julian Lagos, Appellant; Steven Vettel, Attorney for Permit Holder.
PUBLIC COMMENT: Healani Ting spoke in favor of the appellant.
(3b) ADOPTION OF FINDINGS:
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Subject property at 800 Brotherhood Way. Appeal No. 07-011, Lagos vs. DPW BUF, decided April 4, 2007. At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the subject permit on condition that twelve (12) additional trees be planted in consultation with the DPW BUF. Permit Holder: Mission Development Group. Permit Scope: remove and relocate two (2) trees, and remove and replace thirty-two (32) trees; DPW Order No. 176,333.
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ACTION: Upon motion by President Knox, the Board voted 5 - 0 to adopt the findings as amended.
SPEAKERS: Julian Lagos, Appellant.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07-024
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KENNY & AMY TSENG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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929 Pacific Avenue.
Appealing the imposition of penalty on March 8, 2007, for work done without a permit (on 3-unit building: remove kitchen sinks, stoves, bathroom showers, and cabinets at basement level; reconfigure ground floor plan including two bedrooms, two bathrooms, study room, and hallway).
APPLICATION NO. 2007/02/22/4676.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to uphold the penalty.
SPEAKERS: Laurence Kornfield, DBI; Kenny Tseng, Appellant.
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.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to continue the matter to 5/16/07 with the Public Hearing closed. Parties need to submit additional information pursuant to the Board’s comments.
SPEAKERS: Gale Elston, Appellant; Lawrence Badiner, (ZA); Laurence Kornfield, (DBI).
PUBLIC COMMENT: CW Getz spoke in favor of the ZA.
Claudio Silva, operator of the Art Gallery in the subject building, spoke in favor of the appellant.
(6) APPEAL NO. 07-021
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CLARA LUSARDI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2164 – 15th Street.
Protesting the issuance on February 27, 2007, to Mikel Jaye, Site Permit to Alter a Building (on 2-unit building: addition at garage level; new stair up from garage to 1st floor; roof deck over addition at garage; new back stair rebuild to 2nd floor from 1st floor, and from 1st floor to rear yard).
APPLICATION NO. 2005/07/20/8161S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to continue the matter to 6/13/07, with the Public Hearing closed, and to await outcome of pending arbitration proceedings.
SPEAKERS: Clara Lusardi, Appellant; Mikel Jaye, Permit Holder; John Lum, Agent for Permit Holder; Lawrence Badiner, (ZA).
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-022
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CHRISTOPHER OLIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: MICHAEL NG
& DARRYL WILBURN
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662 – 12th Avenue.
Appealing the denial on March 2, 2007, of Site Permit to Alter a Building (on single-family house: horizontal addition to lower two levels of house creating a new below grade family room and extension to existing breakfast room; existing kitchen, garage, stairs are upgraded; new rear deck is created; existing upper level bathroom is remodeled).
APPLICATION NO. 2006/05/09/1153S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to overrule the denial and grant the permit with various conditions as read into record, with findings and revised plans to be adopted on 5/16/07.
SPEAKERS: Lawrence Badiner, (ZA); Jeremy Paul, Agent for Appellant; Christopher Olin, Appellant; Kristine Ng, Agent for § 14 party; Darryl Wilburn, §14 party.
PUBLIC COMMENT: Gloria Henry spoke in support of the Planning Commission,
(8) APPEAL NO. 07-023
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JOYCE GERI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3321 Anza Street.
Protesting the issuance on February 22, 2007, to Nian Cun Lao, Site Permit to Alter a Building (on single-family house: vertical and horizontal addition; interior remodel).
APPLICATION NO. 2005/03/24/8272S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to continue the matter to 6/6/07, with the Public Hearing closed, and with the Permit Holder to submit revised plans pursuant to the Board’s comments.
SPEAKERS: Brian Hughes, Agent for Appellant; Joel Fohler, Agent for Permit Holder; Joyce Cheng, Agent for Permit Holder; Pamela Fohler, Agent for Permit Holder; Lawrence Badiner, ZA; Joyce Geri, Appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07-025
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JOEL TOMEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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172-174 – 21st Avenue.
Protesting the issuance on February 23, 2007, to Nancy Wold, Permit to Alter a Building (on 2-unit building: legalize stairs and landing; door at rear wall for required second means of egress; comply with NOV No. 200684926).
APPLICATION NO. 2007/02/23/4744.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to uphold the permit on condition that the permit scope be modified to legalize the as-built condition and with a Notice of Special Restrictions to be recorded by the Subject Property Owner on the land records which states that said as built condition may remain so long as the disabled resident (Subject Property Owner’s sister) lives at the subject property.
SPEAKERS: Joel Tomei, Appellant; Nancy Wold, Permit Holder; Laurence Kornfield, DBI; Lawrence Badiner, ZA.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Knox adjourned the meeting at 10:45 p.m.
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter
