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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, JUNE 17, 2009

 

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

PRESENT:  President Frank Fung, Vice President Tanya Peterson, Commissioner Michael Garcia, Commissioner Kendall Goh, and Commissioner Rafael Mandelman.

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director and Chief Building Inspector, Department of Building Inspection (DBI); Tara Sullivan, Planner, Planning Department (PD); Terence Howzell, Deputy City Attorney (OCA); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.

 

 

(1)    PUBLIC COMMENT: 

 

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.

 

SPEAKERS:  None.

 

 

(2)    COMMISSIONER COMMENTS & QUESTIONS: 

 

SPEAKERS:  None.

 

 

(3)    ADOPTION OF MINUTES: 

 

Discussion and possible adoption of the June 10, 2009 minutes.

 

ACTION:  Upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Mandelman absent) to adopt the June 10, 2009 minutes.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(4)    ADDENDUM ITEMS: 

 

(4a)  REHEARING REQUEST:                                                    

Subject property at 626 Kearny Street.  Letter from Bashir Ghazialam, attorney for Hakim Haidarian and Donnie Baker, appellants, requesting rehearing of Appeal No. 08-184,      Haidarian & Baker vs. DPH, decided Feb. 11, 2009.  At that time, the Board voted 3-2 (Commissioners Goh and Mandelman dissented) to uphold the DPH decision on condition that the suspension be reduced to seven days.  Four votes being required to overturn a departmental action, the 15-day suspension by the DPH was upheld.

 

ACTION:  Upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Mandelman absent) to deny the rehearing request.

 

SPEAKERS:  John Du Bois, attorney for appellant; Terence Howzell, OCA, on behalf of DPH.

 

PUBLIC COMMENT:  None.

 

 

(4b)  REHEARING REQUEST:                                                    

Subject property at 2650-2652 Hyde Street.  Letters from Ellen Tsang c/o Arza Trust and Edgar Brincat, appellants, requesting rehearing of Appeal Nos. 09-023/024, decided May 13, 2009.  At that time, the Board voted 2-2-1 (President Fung and Commissioner Garcia dissented, Vice President Peterson absent) to grant the appeal and overturn the permit.  Four votes being required to overturn a departmental action, the permit was upheld.  Permit Holder: Douglas Greenwood.  Project: comply with NOV No. 200877313; revise previous permit No. 2008/04/02/8610; remove brick foundation and siding to install new foundation work; after completion of work, replace in kind front façade and landscape back to existing conditions;      BPA No. 2008/11/04/5823.

 

ACTION:  Upon motion by Commissioner Goh, the Board voted 2 – 3 (President Fung, Vice President Peterson, and Commissioner Garcia dissented) to grant the rehearing request.  Due to a lack of four (4) votes, the motion failed and the rehearing request is denied.

 

SPEAKERS:  Robert Sheppard, attorney for appellants; John Pollard, agent for permit holder; Laurence Kornfield, DBI.

 

PUBLIC COMMENT:  None.

 

 

(4c)  ADOPTION OF FINDINGS:                                                 

Subject property at 652 Kearny Street.  Appeal No. 09-003, 7-Eleven vs. DBI, PDD, decided on May 13, 2009.  At that time, the Board voted 4-0-1 (Vice President Peterson absent) to dismiss the appeal for lack of subject matter jurisdiction, and to uphold the denial of the subject permit.  Project: interior ground floor and basement tenant improvements for 7-Eleven; construct service counters; storage shelf fixtures; coffee bar/drink station; new handicap restroom; reach-in refrigerator and sink; BPA No. 2008/03/05/6385.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5 – 0 to adopt the findings as amended.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(4d)  JURISDICTION REQUEST:                                               

Subject property at 84 Miraloma Drive.  Letter from Derek Chan, requestor, asking the Board to take jurisdiction over BPA No. 2009/02/11/1855 which was issued on April 10, 2009 and for which the appeal period lapsed on April 27, 2009.  Permit Holder: Roderick Shao.  Project: seismic upgrade, fill-in partial lower level floor; extend interior stair down to basement level; develop basement into living area including home theater and spa; seismic design to plan for future one-story vertical addition; replace and rearrange rear and side windows and doors.

 

ACTION:  Upon motion by Commissioner Mandelman, the Board voted 5 – 0 to deny the jurisdiction request.

 

SPEAKERS:  Derek Chan, requestor; Van Ly, agent for permit holder; Laurence Kornfield, DBI; Tara Sullivan, PD.

 

PUBLIC COMMENT:  None.

 

 

(5)  APPEAL NO. 09-037

ANDREAS MOURELATOS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

485 Corbett Avenue.

Protesting the issuance on April 3, 2009, to Samuel Kwong & Corinna Chan, Permit to Alter a Building (remodel each level of single-family dwelling; add second single-family dwelling with second single-car garage; build into required rear yard per approved variance; sprinkler system under separate permit for completed four-story structure; add decks at rear).

APPLICATION NO. 2008/09/08/0981S.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to continue the matter to July 29, 2009, with the public hearing held and closed, and for the parties to submit additional information pursuant to the Board’s comments.

 

SPEAKERS:  Alex Mourelatos, agent for appellant; Andreas Mourelatos, appellant; Patricio Garcia, agent for permit holder; Tara Sullivan, PD; Laurence Kornfield, DBI.

 

PUBLIC COMMENT:  Ashok Praurainele spoke in favor of the appellant.

 

 

ADJOURNMENT.

 

 

There being no further business, President Fung adjourned the meeting at 6:40 p.m.