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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 13, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Tanya Peterson, Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Carla Short, Chief Forrester, Dept. of Public Works Bureau of Urban Forestry (DPW BUF); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist.
ABSENT: Commissioner Kendall Goh.
(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) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST:
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Subject property at 3622 – 22nd Street. Permit issued on Jan. 4, 2008. Last day to appeal was Jan. 22, 2008. Jurisdiction request received on July 24, 2008. Letter from Karen & Peter Birmingham, requestors, asking that the Board take jurisdiction over BPA No. 2007/12/19/0855. Permit Holder: Douglas Durkin. Project: comply with NOV No. 20072411; modification to BPA No. 2004/10/04/5856.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Goh absent) to deny the jurisdiction request.
SPEAKERS: Karen Birmingham, requestor; David Tornheim, agent for requestor; Brian Soriano, attorney for permit holder; Laurence Kornfield, DBI; Tina Tam, PD.
PUBLIC COMMENT: None.
(4b) REHEARING REQUEST:
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Subject property at 483 Broadway aka 1054 Kearny Street. Appeal No. 08-062, Heaven Mini-Theater vs. ZA, decided July 16, 2008. At that time, upon motion by Vice President Fung, the Board voted 5-0 to uphold the subject Notice of Violation regarding the establishment of a non-authorized adult entertainment use at the second story of the subject property.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Goh absent) to grant the rehearing request, and to schedule the rehearing for October 15, 2008.
SPEAKERS: Terrance Hallinan, attorney for appellant; Brendan Hallinan, attorney for appellant; Tina Tam, PD.
PUBLIC COMMENT: None.
(4c) ADOPTION OF FINDINGS:
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Subject property at 245 Clement Street. Appeal No. 07-196, decided June 18, 2008. At that time, upon motion by Vice President Fung, the Board voted 4-0 to overrule the Notice of Violation with findings and conditions to be adopted at a later date. NOV: regarding an unauthorized independent massage establishment use at the subject property.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Goh absent) to reschedule the matter to October 1, 2008.
SPEAKERS: Tina Tam, PD; Brett Gladstone, attorney for appellant.
PUBLIC COMMENT: None.
(5) APPEAL NO. 08-084
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RACHEL ABRAHAM POLLARD, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1306 McAllister Street.
Appealing the conditions placed on a Tree Removal Permit.
ORDER NO. 177,353 (REVISED).
JURISDICTION GRANTED JUNE 4, 2008.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Goh absent) to uphold the permit, on condition that the replacement tree be planted on the adjacent property, that the appellant provide for maintenance of said replacement tree for three (3) years, and if the planting of said replacement tree is determined to be not feasible by DPW BUF, then the DPW BUF may impose on the appellant an in-lieu fee of $1,989 (nineteen-hundred eighty-nine dollars) and on condition that DPW BUF make this determination of feasibility within 90 days of release of the notice of decision.
SPEAKERS: Carla Short, DPW BUF; Rachel Abraham-Pollard, appellant; Naomi Weinstein, co-owner of subject property.
PUBLIC COMMENT: None.
(6) APPEAL NO. 08-054
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ROBERT PENN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1307 Hayes Street.
Appealing a Letter of Determination dated April 2, 2008, regarding the current zoning for the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Goh absent) to continue the matter to December 10, 2008, with the public hearing held and closed, to allow time for the appellant to submit additional documents pursuant to the Board’s comments.
SPEAKERS: Sasha Penn, agent for appellant; Tina Tam, PD.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-079
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BILL SCHMETTERER
dba “HAPPENING VENTURES”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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529-531 Clayton Street.
Appealing a Letter of Determination dated May 14, 2008, regarding the current legal use on record of the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 3 – 1 – 1 (Commissioner Mandelman dissented, Commissioner Goh absent) to overrule the Letter of Determination with adoption of findings at a later time. The vote was rescinded. Afterwards, upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Goh absent) to continue the matter to August 20, 2008, with the public hearing held and closed, to await the presence of Commissioner Goh.
SPEAKERS: Tina Tam, PD; Brett Gladstone, attorney for appellant; Mark Waldman, agent for appellant; Bill Schmetterer, appellant.
PUBLIC COMMENT: Doerte Murray spoke in favor of the Zoning Administrator.
(8) APPEAL NO. 08-082
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ERIC TANG, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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519 Ellis Street / 430 Eddy Street.
Appealing a Letter of Determination dated May 20, 2008, regarding a request for extension of the Conditional Use (CU) authorizations at both subject properties.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Goh absent) to overrule the Letter of Determination with a finding that the good cause extension is implied in the subject conditional use authorizations.
SPEAKERS: Tina Tam, PD; Steve Vettel, attorney for appellant; Eric Tang, appellant.
PUBLIC COMMENT: None.
There being no further business, President Garcia adjourned the meeting at 8:25 p.m.
