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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 16, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Randall Knox, Vice President Michael Garcia, Commissioner Katharine Albright, Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Heidi Machen, Executive Director, Taxi Commission (TC); Howard Lazar, Arts Commission (AC); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; Joel Case, Official Court Reporter.
ABSENT: Commissioner Frank Fung.
(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: Johnny Peters.
(2) SPECIAL ITEM:
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Discussion and possible action to approve process for hiring permanent Executive Secretary / Dept. Head for Board of Appeals, including short presentation by staff of Dept. of Human Resources.
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SPEAKERS: Lilly Ellison, DHR; Lucy Palileo, DHR.
(3) ELECTION OF OFFICERS:
ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to elevate Michael Garcia to the Presidency. Then, upon motion by President Knox, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to elevate Katharine Albright to the Vice Presidency.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(5) ADDENDUM ITEMS:
(5a) ADOPTION OF FINDINGS:
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Subject property at 880-882 Dolores Street. Appeal No. 07-148, Donaldson vs. DBI, PCD, decided November 7, 2007. At that time, upon motion by Commissioner Albright, the Board voted 4-1 (Commissioner Haaland dissented) to overrule the denial, and grant the permit with findings to be adopted at a later date. Project: merge two units into one; interior alterations; BPA No. 2006/11/20/8161S.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to adopt the findings.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1581 Masonic Avenue. Permit issued on Dec.6, 2007. Last day to appeal was Dec. 21, 2007. Jurisdiction request received on December 26, 2007. Letter from Claire Harrison & Erik Ambjor, requestors, asking that the Board take jurisdiction over Building Permit Application No. 2007/12/06/9826. Permit Holders: Bob & Candace Barnes. Project: new front fence (6’ – 0”) and side fence (8’ – 0”); 75% open at front.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to grant the jurisdiction request.
SPEAKERS: Erik Ambjor, co-requestor; Celeste Barnes, agent for permit holder; Scott Sanchez, (PD).
PUBLIC COMMENT: None.
(6) APPEAL NO. 07-139
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DAVID BASADA
dba “KSJ Taxi”, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on August 2, 2007, of Color Scheme Permit.
PUBLIC HEARING HELD & CLOSED ON OCT. 24, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to comply with TC Rules, and to allow time for the TC to conduct one final surprise audit.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to continue the matter to March 12, 2008.
SPEAKERS: Heidi Machen, (TC); Scott Leon, (TC).
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-158
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MANUEL LOLI, Appellant(s)
vs.
ART COMMISSION, Respondent
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Appealing the revocation on August 29, 2007, of Street Artist Certificate No. 6040.
PUBLIC HEARING HELD & CLOSED ON NOV. 7, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to submit additional documents pursuant to the Board’s comments.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to overrule the revocation, and grant a 3-month permit, to be subject to the street artist Program Rules, and with the following findings: (a) that appellant may not have fully understood the street artist requirements that caused revocation in the underlying proceedings; and (b) that appellant has submitted an affidavit with assistance of Spanish translator that reflects an understanding of the street artist Program Rules and a willingness to comply.
SPEAKERS: Howard Lazar, AC; Alexander Lloyd, AC; Manuel Loli, appellant, via translator Fanny Suarez.
PUBLIC COMMENT: Kathleen Hallinan and John Thormey spoke in favor of the Arts Commission.
(8) APPEAL NO. 07-131
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URSULA & JUERG AESCHBACH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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620 Ortega Street.
Protesting the issuance on July 20, 2007, to Eric Hagerman, Permit to Alter a Building (on single-family house: comply with NOV No. 200706157; erect a six-foot fence on top of existing four-foot retaining wall).
APPLICATION NO. 2007/06/27/5296.
FOR REHEARING TODAY. Note: On Oct. 24, 2007, the Board voted 5-0 to uphold the permit. On Dec. 12, 2007, the Board voted 5-0 to grant the appellants’ rehearing request, and to set the rehearing for Jan. 16, 2008.
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ACTION: Upon motion by President Knox, the Board voted 2 – 2 – 1 (Vice President Garcia and Commissioner Albright dissented, Commissioner Fung absent) to uphold the permit on condition that the fence not exceed the top of the lattice work of the adjoining property (figure 5, permit holder’s brief). Failed for lack of four votes. Afterwards, upon motion by Comm. Haaland, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to uphold the permit on condition that the first four (4) feet of the fence above the retaining wall may be solid, with an additional two (2) feet of lattice, and for said lattice to be at least 30% open, and that the total fence height not exceed nine (9) feet above grade at any point, with grade measured from the bottom of the retaining wall.
SPEAKERS: Ursula Aesbach, appellant; Eric Hagerman, permit holder; Laurence Kornfield, DBI; Scott Sanchez, PD.
PUBLIC COMMENT: None.
ITEMS (9A), (9B), & (9C) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 07-191
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GEORGE GOMES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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20 Villa Terrace.
Protesting the issuance on July 16, 2007, to Peter Quintana, Permit to Alter a Building (on single-family house: removal of illegal unit; convert back to legal storage).
APPLICATION NO. 2007/07/16/6810.
JURISDICTION GRANTED OCT. 3, 2007.
FOR HEARING TODAY.
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(9B) APPEAL NO. 07-192
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GEORGE GOMES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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20 Villa Terrace.
Protesting the issuance on July 18, 2007, to Peter Quintana, Plumbing Permit (demolish plumbing in illegal apartment).
APPLICATION NO. PP2007/07/18/670.
JURISDICTION GRANTED OCT. 3, 2007.
FOR HEARING TODAY.
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(9C) APPEAL NO. 07-193
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GEORGE GOMES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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20 Villa Terrace.
Protesting the issuance on July 19, 2007, to Peter Quintana, Electrical Permit (remove wiring installed illegally in basement, and install sub-load center).
APPLICATION NO. E2007/07/19/9821.
JURISDICTION GRANTED OCT. 3, 2007.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 3 – 1 – 1 (Vice President Garcia dissented, Commissioner Fung absent) to continue the matters to April 9, 2008, with the public hearing closed; matters continued to allow the Board to review the due process issues raised by permit holder.
SPEAKERS: George Gomes, appellant; Scott Moore, agent for appellant; Peter Quintana, permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-194
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MIKE BOSS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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491 Bayshore Blvd.
Protesting the issuance on Sept. 25, 2007, to Bayshore One LLC, Site Permit to Erect a Building (two-story retail building with 111,719sf of ground floor area).
APPLICATION NO. 2001/04/09/6352S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 2 – 2 – 1 (Vice President Garcia and Commissioner Albright dissented, Commissioner Fung absent) to continue the matter to January 23, 2008. Failed for lack of three votes. Afterwards, upon motion by Vice President Garcia, the Board voted 3 – 1 – 1 (Commissioner Haaland dissented, Commissioner Fung absent) to uphold the permit. Afterwards, upon motion by Vice President Garcia, the Board voted 3 – 1 – 1 (Commissioner Haaland dissented, Commissioner Fung absent) to adopt the findings as amended (2nd line in finding #3 was struck by the Board).
SPEAKERS: Sue Hestor, attorney for appellant; Anna Shimko, attorney for permit holder; Frank Coda, agent for permit holder; Scott Sanchez, PD; Laurence Kornfield, DBI.
PUBLIC COMMENT: The following people spoke in favor of the appellant: Tom Radulovich, Dave Karp, Mary Williams, Barbara Kyle, Patrick Monk, Laurov Felicita, Rick Karp, and Joseph Smooke. The following people spoke in favor of the permit holder: Ellouise Patton, Rev. Arelious Walker, Angelo King, Judith Berkowitz, Bill Gross, Richard Everett, Darnell Helton, Michael Phillips, Sonya Richardson, Drew Howard, John Barbey, Laurel Muniz, and Arnold Townsend.
There being no further business, President Garcia adjourned the meeting at 11:20 p.m.
