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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 15, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Tina Tam, Senior Planner, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Easteller Bruihl, 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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SPEAKER: Jeremy Paul responded to comments made at the previous meeting concerning a project with which he has no connection.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3a) SPECIAL ITEM:
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Attendance policy for Board members. For public hearing and discussion. Final action to be scheduled for future meeting.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5-0 to schedule the adoption to December 6, 2006.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3b) SPECIAL ITEM:
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Proposed amendment o Board Rules. Deletion of Article IV, which requires attendance of official court reporter at all regular hearings. Article 1, Section 11 of the Business and Tax Regulations Code provides for use of SFGTV videos to be official administrative record of the Board’s proceedings. Parties may have hearings transcribed from video at their own expense with copies of transcripts to be submitted to the Board. For public hearing and discussion. Final action to be scheduled for future meeting.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to retain the Court Reporter requirement.
SPEAKERS: None.
PUBLIC COMMENT: Jeremy Paul, Jared Eigerman, Harold Darling, and Jack Chin.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 4120 – 23rd Street. Permit issued on September 23, 2005. Last day to appeal was October 11, 2005. Jurisdiction request received on September 29, 2006. Letter from Robert Call, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2002/02/25/9972. Project: horizontal addition to rear of building; construct a new garage at street level. Permit Holder: Darryl Leung.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to January 10, 2007, with written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4b) REHEARING REQUEST:
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Subject property at 734 Bush Street (various apartments), & 625 Bush Street (Various apartments). Letter from Harold Darling, appellant, requesting rehearing of Appeal No(s). 06-130, and 06-136/137/138/139/140/141/142/143, decided on October 25, 2006. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permits and adopt findings and conditions with amendments (findings no. 2, 3, and 4 were amended).
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 Commissioner Haaland dissented) to deny the rehearing request.
SPEAKERS: Harold Darling, requestor; Jared Eigerman, attorney for permit holder.
PUBLIC COMMENT: William Tise said all the tenants support the requestor.
Joshua Brandt, a former building manager for the permit holder said the perpetual water shortage in the buildings greatly inconvenience tenants. Leakage has sent debris into units.
Claire Sandberg-Bernard described permit holder’s harassment of tenants intended to drive tenants out of buildings so, rent ordinance regulation can be avoided and units sold or rented for much more money to new tenants. She is a volunteer at the tenants union and this is a serious case of harassment and intimidation with the dust and water shut offs.
(5) APPEAL NO. 06-073
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KAM & SOO WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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700 – 4th Avenue.
Protesting the issuance on April 28, 2006, to Korean Covenant Church, Site Permit to Alter a Building (change occupancy with maximum at 100 persons; add elevator; revise exiting; revise property line fire walls; legalize ground floor kitchen and dining; variance for rear yard exit stair case, variance case no. 2004.0613V).
APPLICATION NO. 2005/06/08/4603S.
PUBLIC HEARING HELD & CLOSED ON JULY 12, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow parties time to work on settlement regarding mitigation measures.
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ACTION: Withdrawn by the appellant.
SPEANKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 06-123
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MATTHEW SUM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1767 – 34th Avenue.
Protesting the issuance on August 2, 2006, to Miguel Puente, Permit to Alter a Building (on single-family house: install rear deck at 36” above grade; abate NOV No. 200669303).
APPLICATION NO. 2006/08/02/8388.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 11, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for DBI to retrieve approved plans from micro-film.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to continue the matter to January 10, 2007, so permit holder can submit revised plans that conform to the Code.
SPEAKERS: Laurence Kornfield, DBI; Tina Tam, PD; Mary Puente, permit holder.
PUBLIC COMMENT: None.
(7) APPEAL NO. 06-050
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RICHARD & HOLLY LAWSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1902 Green Street.
Protesting the issuance on March 21, 2006, to Garry Rayant & Kathy Fields, Site Permit to Alter a Building (on single-family house: add additional floor; extend 2nd floor eight feet further to rear over existing 1st floor; add seismic bracing).
APPLICATION NO. 2001/12/04/4492S.
FOR HEARING TODAY.
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ACTION: Withdrawn by the appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 06-127
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AT&T CALIFORNIA, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREE-USE & MAPPING,
Respondent
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101 Junipero Serra Blvd.
Appealing the denial on August 4, 2006, of Surface Mounted Facility Permit.
HEARING TODAY.
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(9) APPEAL NO. 06-128
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AT&T CALIFORNIA, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREE-USE & MAPPING,
Respondent
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1997 Buchanan Street.
Appealing the denial on August 4, 2006, of Surface Mounted Facility Permit.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matters to January 17, 2007, at written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 06-135
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ALEX LANTSBERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1000 Evans Avenue.
Protesting the issuance on August 10, 2006, to Pacific Gas & Electric, Permit to Demolish a Building (demolish a power plant).
APPLICATION NO. 2005/12/15/0454.
FOR HEARING TODAY.
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ACTION: Withdrawn by the appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(11) APPEAL NO. 06-155
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GEORGIA SCHUTTISH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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455 – 27th Street.
Protesting the issuance on September 18, 2006, to David Bartenwerfer, Site Permit to Alter a Building (on single-family house: demolish interior walls at bedrooms; add 8’ to rear of house; build bedroom, laundry and storage at lower level; build new family room and kitchen at main level; build 3rd floor with two bedrooms, master suite and deck; build new roof deck and stair enclosure).
APPLICATION NO. 2005/10/17/5751S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice-President Knox, the Board voted 5-0 to uphold the permit.
SPEAKERS: Georgia Schuttish, appellant; David Bartenwerfer, permit holder.
PUBLIC COMMENT: Jan Gersonde said that the permit holder had worked with neighbor at several meetings and had revised his plans to meet their concerns, and then they went to a community board followed by a discretionary review application to the Planning Commission.
She and her neighbor Mr. Gomez withdrew the DR application after they had worked it all out.
Paul Gomez also for permit holder agreed with above and said he is satisfied with the plans.
(12) APPEAL NO. 06-156
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ALLEN LEUNG,
MICHAEL GARLINGER,
TODD CANIGLIA, JOY LOWRY,
& RON HERMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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740-742 Natoma Street.
Protesting the issuance on September 12, 2006, to Wony Zhang, Site Permit to Alter a Building (on single-family house: new 3rd floor addition above existing 2nd floor for upper unit; convert existing garment shop to residential area and garage use on ground floor; ground floor residential area for lower unit use only; alteration to existing 2nd floor; change façade siding to new stucco).
APPLICATION NO. 2005/10/19/5940S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to uphold the permit.
SPEAKERS: Ken Brogno, agent for permit holder; appellants did not appear.
PUBLIC COMMENT: None.
(13) APPEAL NO. 06-157
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KRIST JAKE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2740-2742 Filbert Street.
Protesting the issuance on September 12, 2006, to Mary Grudnowski, Permit to Alter a Building (revision to BPA No. 2004/04/08/0828 per NOV no. 200669061; respond to concerns in letter from Zoning Administrator dated April 7, 2006; remove roof railing and remove parapet wall at hatch).
APPLICATION NO. 2006/05/15/1655.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to uphold the permit with conditions as read into record.
SPEAKERS: Krist Jake, appellant; Brett Gladstone, attorney for permit holder; Laurence Kornfield, DBI; Tina Tam, PD; Mohammad Sadrieh, agent for permit holder.
PUBLIC COMMENT: Geoffrey Wood said that it has taken too much time to process this permit for such simple change although the plans don’t have accurate dimensions.
(14) APPEAL NO. 06-159
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IAN HADDOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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538 Laidley Street.
Protesting the issuance on September 15, 2006, to Eric Kenneally, Site Permit to Erect a Building (4-story, single-family house with 1,000sf of ground floor area).
APPLICATION NO. 2005/01/14/3283S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to “Call of The Chair” pending resolution of Cat. Ex. Appeal at BOS.
SPEAKERS: None.
PUBLIC COMMENT: None.
(15) 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.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to January 17, 2007 to allow time for appellant to search for new apartment.
SPEAKERS: Michael Bracamontes, attorney for appellant; Jerod Hendrickson, attorney for permit holder.
PUBLIC COMMENT: None.
There being no further business, President Fung adjourned the meeting at 8:25 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.
