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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES -- WEDNESDAY, SEPTEMBER 19, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Randal Knox, Vice President Michael Garcia, Commissioner Katharine Albright, Commissioner Frank Fung, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Edward Sweeney, Senior Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Carla Short, Department of Public Works, Bureau of Urban Forestry (DPW, BUF); Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist; and Virginia O’Rear, 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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SPEAKERS: Sylvia Gohnson.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) SPECIAL ITEM:
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Presentation of City Attorney opinion regarding legal requirements for removal of Board members and Department Head for the Board of Appeals.
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SPEAKERS: None.
(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 Vice President Garcia, the Board voted 5 – 0 to reschedule the matter to 12/19/07 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1675 – 11th Avenue. Permit issued on February 1, 2007. Last day to appeal was February 16, 2007. Jurisdiction request received May 4, 2007. Letter from Rose Tom-Tsai, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2004/06/15/6478S. Permit Holder: James Chan. Project: horizontal and vertical addition while adding 2nd dwelling unit.
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(4c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1675 – 11th Avenue. Permit issued on March 14, 2007. Last day to appeal was March 29, 2007. Jurisdiction request received June 7, 2007. Letter from Rose Tom-Tsai, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/03/14/6243. Permit Holder: James Chan. Project: revise egress stairs at rear per plans under BPA No. 2004/06/15/6478S.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to reschedule both matters to 10/10/07, with no further briefing, unless DBI’s site visit warrants new briefing.
SPEAKERS: Stephen Williams, attorney for Requestor; David Silverman, attorney for permit holder; Edward Sweeney, Senior Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD).
PUBLIC COMMENT: None.
(4d) REHEARING REQUEST:
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Subject property at 1039 Ocean Avenue. Letter from Roy Lam, appellant, requesting rehearing of Appeal No. 07-059, Lam dba “Quickly” vs. ZA, decided July 18, 2007. At that time, upon motion by Commissioner Haaland, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the Notice of Violation which states that the “Quickly” establishment at the subject property has not procured proper Planning Dept. authorization, in violation of Planning Code § 711.44.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to deny the Rehearing Request.
SPEAKERS: Roy Lam, Appellant, Tina Tam, Senior Planner, Planning Department (PD).
PUBLIC COMMENT: None.
(4e) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 43D Dearborn Street. Permit issued on April 2, 2007. Last day to appeal was April 17, 2007. Jurisdiction request received on August 28, 2007. Letter from Sabrine Rodems & Koorosh Afshari, requestors, asking that the Board take jurisdiction over Building Permit Application No. 2007/04/02/7858. Permit Holders: Enrico & Emilia Martin. Project: remove illegal unit, kitchen and bath; cap utilities at source.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 3 – 1 – 1 (Commissioner Fung dissented; Commissioner Albright absent) to continue the matter to 10/03/07.
SPEAKERS: Koorosh Afshari, Requestor; David Foran, attorney for Permit Holder; Edward Sweeney, Senior Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD).
PUBLIC COMMENT: None.
(4f) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 20 Villa Terrace. Permits issued on July 16, July 18, and July 19, 2007. Last day to appeal was July 31, August 2, and August 3, 2007, respectively. Jurisdiction requests received August 17, 2007. Letter from George Gomes, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/07/16/6810, Plumbing Permit No. PP2007/07/18/670, and Electrical Permit No. E2007/07/19/9821. Permit Holder: Peter Quintana. Project: removal of illegal unit; convert back to legal storage (building permit); demolish plumbing in illegal unit (plumbing permit); and remove wiring installed illegally in basement, and install subload center (electrical permit).
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ACTION: Upon motion by Commissioner Haaland, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to continue the matter to 10/03/07.
SPEAKERS: George Gomes, Requestor, Daniel Bornstein, attorney for permit holder; Edward Sweeney, Senior Building Inspector, Department of Building Inspection (DBI).
PUBLIC COMMENT: Scott Moore spoke in favor of the Requestor.
(4g) SPECIAL ITEM / JURISDICTION REQUEST:
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Subject property at 943 Church Street. Partial suspension of permit effective on June 22, 2007. Last day to appeal was July 9, 2007. Jurisdiction request received on July 17, 2007. Letter from Kevin Cheng and Todd Mavis, requestors, asking that the Board take jurisdiction over the partial suspension of BPA No. 2005/06/14/5053 by the Dept. of Building Inspection at the request of the Zoning Administrator. Project: new vertical addition to single-family dwelling; create one new unit; and remodel unit. Note: On Aug. 1, 2007, the Board voted 3-1-1 to grant the jurisdiction request; four votes being required to grant jurisdiction, the request was denied. Public hearing closed; public comment limited to issues concerning recission: a) discussion and possible action to rescind vote on jurisdiction request taken August 1, 2007 due to Commissioners' error; and (b) discussion and possible vote on whether to grant jurisdiction request to allow late filing of appeal. Further Note: If this jurisdiction request is granted, then Item 5, Appeal No. 07-155, Cheng & Mavis vs. DBI, may be heard on the merits.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 1 (Commissioner Haaland dissented) to grant the Jurisdiction Request. The Board proceeded to hear Item # 5, 07-155, on the merits.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5) APPEAL NO. 07-155
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KEVIN CHENG & TODD MAVIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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943 Church Street.
Appealing the partial suspension on June 22, 2007, of Building Permit Application No. 2005/06/14/5053 by the Dept. of Building Inspection at the request of the Zoning Administrator. Project: new vertical addition to single-family dwelling; create one new unit; and remodel unit.
FOR HEARING TODAY ONLY IF JURISDICTION IS GRANTED IN ITEM 4G.
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ACTION: Upon motion by Vice President Garcia, the Board voted 2 -3 (President Knox, Commissioner Albright and Commissioner Haaland dissented) to overrule the partial suspension on condition that as-built plans be accepted by the Department of Building Inspection (DBI) and that DBI ensure the subject penthouse has the lowest minimum headroom under the Code. Failed for lack of four votes – Partial suspension upheld.
SPEAKERS: Todd Mavis, co-appellant; Edward Sweeney, Senior Building Inspector, Dept. of Building Inspection (DBI), Tina Tam, Senior Planner, Planning Department (PD).
PUBLIC COMMENT: Sharon Bash, William Duke, Cynthia Gair, Ann Walker, Dan Orsine, John Orofino, Justine Juson, and Sylvia Gohnson spoke in favor of the DBI. Neil Sims spoke in favor of the appellant.
(6) APPEAL NO. 07-067
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KAWBHC LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3099 – 22nd Street.
Appealing a Letter of Determination dated April 24, 2007, addressed to Kathleen Welch, regarding a Notice of Special Restrictions (NSR) for the proposed new construction at the subject property and those adjacent lots that were originally formed from lot 034A.
PUBLIC HEARING HELD & CLOSED ON AUGUST 1, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued in order to allow Commissioner Albright to participate in the final vote.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 1 (Commissioner Haaland dissented) to overrule the Zoning Administrator’s Letter of Determination with findings to be adopted at a later time.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-063
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JUAN ESCOBAR
dba “GE TOWING”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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No specific subject property.
Appealing the revocation on April 19, 2007, of Tow Car Firm Permit (P51).
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to overrule the revocation with a finding that the appeal is moot because the SFPD has reinstated the appellant’s permit (tow car firm).
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 07-118
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SAN FRANCISCO
STERN GROVE COURT HOA, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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2790 – 19th Avenue.
Appealing the denial on July 1, 2007, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 176,956.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 3 – 1 – 1 (Vice President Garcia dissented, Commissioner Albright absent) to uphold the denial.
SPEAKERS: Carole Cullum, agent for Appellant; Carla Short, Department of Public Works Bureau of Urban Forestry (DPW BUF).
PUBLIC COMMENT: Sylvia Gohnson spoke but her testimony was unclear.
(9) APPEAL NO. 07-095
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ELVA ZEPEDA
& GRACIELA CUBAS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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3225 – 23rd Street.
Protesting the issuance on June 5, 2007, to Victor Meneses, Permit to Alter a Building (on four-unit building: remove studio on ground floor [illegal]; return back to garage; comply with NOV No. 200799376).
APPLICATION NO. 2007/06/05/3046.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to 10/03/07 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-096
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DOUGLAS YEP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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951 Monterey Boulevard.
Protesting the issuance on May 30, 2007, to Tina John, Permit to Alter a Building (on single-family house: kitchen remodel; wall and door alterations for basement office; wall and mechanical alteration for basement laundry; deck addition).
APPLICATION NO. 2007/05/30/2553.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to uphold the permit.
SPEAKERS: Douglas Yep, appellant; Tina John, permit holder; Bert John, husband of permit holder.
PUBLIC COMMENT: Sylvia Gohnson spoke but her testimony was unclear.
(11) APPEAL NO. 07-101
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DYNAMIC ACUPUNCTURE
ACUPRESSURE CLINIC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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266 Sutter Street, 5th Floor.
Appealing a Notice of Violation dated June 6, 2007, addressed to Shek Kam Fai, regarding the establishment of a non-authorized massage establishment at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 2 – 2 – 1 (President Knox and Commissioner Haaland dissented, Commissioner Albright absent) to uphold the NOV.
SPEAKERS: Paul Horcher, attorney for appellant; Scott Sanchez, Planning Department (PD).
PUBLIC COMMENT: Sylvia Gohnson spoke but her testimony was unclear.
ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 07-105
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MAUREEN KENNEY
& ROGER MWAMBA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1536 Pacific Avenue.
Protesting the issuance on June 11, 2007, to Mary Tom, Permit to Demolish a Building (one-story auto repair shop with 5,300sf of ground floor area).
APPLICATION NO. 2004/12/02/0513.
FOR HEARING TODAY.
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(12B) APPEAL NO. 07-106
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MAUREEN KENNEY
& ROGER MWAMBA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1536 Pacific Avenue.
Protesting the issuance on June 11, 2007, to Mary Tom, Permit to Erect a Building (four-story, six-unit residential/commercial building with 5,300sf of ground floor area).
APPLICATION NO. 2004/12/02/0517.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 3 – 1 – 1 (Vice President Garcia dissented, Commissioner Albright absent) to continue both matters to 10/03/07, and for the parties to continue negotiations.
SPEAKERS: Kevin Staples, agent for appellants; Scott Emblidge, attorney for permit holder; Tony Kim, agent for permit holder; Andrew Gregg, agent for Permit Holder.
PUBLIC COMMENT: Matt Treadway spoke in favor of the permit holder. Sylvia Gohnson spoke but her testimony was unclear.
(13) APPEAL NO. 07-134
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SUSAN LALLY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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376 Eureka Street.
Protesting the issuance on July 25, 2007, to Kristina Baker, Site Permit to Alter a Building (on single-family house: remove roof and some walls; raise foundation; construct vertical and horizontal addition).
APPLICATION NO. 2005/08/30/1650S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to 11/14/07.
SPEAKERS: Kristina Baker, Permit Holder.
PUBLIC COMMENT: None.
There being no further business, President Knox adjourned the meeting at 11:10 pm.
