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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 17, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Michael Garcia, Commissioner Katharine Albright, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department, (PD); Carla Short, Department of Public Works Bureau of Urban Forestry (DPW,BUF); Johnson Ojo, Principal Inspector, Department of Public Health (DPH); Victor Pacheco, Legal Assistant, for the Board; and Easteller Bruihl, Official Court Reporter.
ABSENT: Robert Feldman, Executive Secretary.
(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) ANNUAL ELECTION OF OFFICERS:
ACTION: Upon motion by President Fung, the Board voted 5 – 0 to Elevate Vice President Randall Knox to President of the Board of Appeals.
ACTION: Upon motion by President Knox, the Board voted 5 – 0 to Elevate Commissioner Michael Garcia to Vice President of the Board of Appeals.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS: None.
(5) APPEAL NO. 06-184
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DENNIS VUONG
dba “SAN BRUNO
SILVER SUPER SHELL”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2380 San Bruno Avenue.
Appealing a 15-day suspension of a Tobacco Product Sales Establishment Permit, imposed on November 9, 2006. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-06-265.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to overrule the 15 – day suspension with a finding that the evidence presented by Department of Public Health is insufficient.
SPEAKERS: Johnson Ojo, Principal Inspector, Department of Public Health; Dennis Vuong, Appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 06-132
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RUSSIAN HILL NEIGHBORS, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1045-1059 Broadway.
Protesting the issuance on August 7, 2006, to Charles Mosser, Permit to Remove One (1) Tree.
ORDER NO. 176, 056.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule all matters to January 31, 2007. Both parties requested and agreed and will not be present.
SPEAKERS: None.
PUBLIC COMMENT: None
(7) APPEAL NO. 06-133
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RUSSIAN HILL NEIGHBORS, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1045-1059 Broadway, and 1061 Broadway #1,2, and 3.
Protesting the issuance on August 7, 2006, to Charles Mosser, Aaron Buchanan & Pat Milazzo, Joel Camarda, and Jose Gatchalian, Permit to Remove One (1) Tree.
ORDER NO. 176, 057.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule all matters to January 31, 2007. Both parties requested and agreed and will not be present.
SPEAKERS: None.
PUBLIC COMMENT: None
(8) APPEAL NO. 06-134
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RUSSIAN HILL NEIGHBORS, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1041 Broadway.
Protesting the issuance on August 7, 2006, to Charles Mosser, Permit to Remove Two (2) Trees.
ORDER NO. 176, 055.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule all matters to January 31, 2007. Both parties requested and agreed and will not be present.
SPEAKERS: None.
PUBLIC COMMENT: None
(9) APPEAL NO. 06-160
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TK SAGRILLO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2327 – 20th Avenue.
Protesting the issuance on September 18, 2006, to Helen Yung, Site Permit to Alter a Building (on single-family house: remove illegal kitchen and bath; legalize rooms at ground floor).
APPLICATION NO. 2006/09/18/2618.
FOR HEARING TODAY. Note: Matter rescheduled from Nov. 15, 2006to allow appellant time to search for new apartment.
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ACTION: Upon motion by Commissioner Albright, the Board voted 3 – 2 to deny the reschedule request by appellant.
ACTION: Upon motion by Commissioner Haaland, the Board voted 2 -3 to continue the matter for a Department of Building Inspection and Planning Department site visit. Site visit failed.
ACTION: Upon motion by Commissioner Garcia, the Board voted 4 -1 to uphold the permit. (Commissioner Haaland dissented).
SPEAKERS: Michael Bracamontes, Attorney for appellant; Jerod Hendrickson, attorney for permit holder; Laurence Kornfield, Chief Building Inspector (DBI); Tina Tam, Senior Planner (PD).
PUBLIC COMMENT: None.
ITEMS (10A), (10B), & (10C) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 06-181
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AARON GOODMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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110 Crespi Drive.
Protesting the issuance on November 2, 2006, to Alliance Residential Co., Permit to Alter a Building (on single-family house: replace damaged packets and two damaged posts on guard rail; all materials to be replaced in kind and color).
APPLICATION NO. 2006/11/02/6639.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Robert Haaland, the Board voted 5 – 0 to uphold the permits on condition that the permit holder has agreed not to submit a capital improvements pass -through petition to the Rent Board for work under the subject permits.
SPEAKERS: Aaron Goodman, Appellant; Jim Abrams, Attorney for permit holder; Julian Lagos, for appellant; Laurence Kornfield, (DBI); Mary Murphy, Attorney for permit holder.
PUBLIC COMMENT: None.
(10B) APPEAL NO. 06-182
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AARON GOODMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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24 Diaz Avenue.
Protesting the issuance on November 2, 2006, to Alliance Residential Co., Permit to Alter a Building (on two-unit building: minor dry rot repair; replace sections of joists and plywood sheathing; approx. 50 linear feet X 3 feet in kind; all materials to be replaced in kind and color).
APPLICATION NO. 2006/11/02/6640.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Robert Haaland, the Board voted 5 – 0 to uphold the permits on condition that the permit holder has agreed not to submit a capital improvements pass -through petition to the Rent Board for work under the subject permits.
SPEAKERS: Aaron Goodman, Appellant; Jim Abrams, Attorney for permit holder; Julian Lagos, for appellant; Laurence Kornfield, (DBI); Mary Murphy, Attorney for permit holder.
PUBLIC COMMENT: None.
(10C) APPEAL NO. 06-183
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AARON GOODMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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27 Serrano Drive.
Protesting the issuance on November 2, 2006, to Alliance Residential Co., Permit to Alter a Building (on single-family house: replace underside of exterior canopy including joists and plywood sheathing; all materials to be replaced in kind and color).
APPLICATION NO. 2006/11/02/6641.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Robert Haaland, the Board voted 5 – 0 to uphold the permits on condition that the permit holder has agreed not to submit a capital improvements pass -through petition to the Rent Board for work under the subject permits.
SPEAKERS: Aaron Goodman, Appellant; Jim Abrams, Attorney for permit holder; Julian Lagos, for appellant; Laurence Kornfield, (DBI); Mary Murphy, Attorney for permit holder.
PUBLIC COMMENT: None.
There being no further business, President Fung adjourned the meeting at 7:35 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Easteller Bruihl, the Official Court Reporter. Tel: (415) 348-0050
