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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 23, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Katharine Albright, Commissioner Frank Fung, Commissioner Robert Haaland, and Commissioner Randall Knox.
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); Cecilia Mangoba, Dept. of Public Health, (DPH EHS); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; and Joel Case, 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: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 266 Sutter Street, 5th Floor. Letter from Arthur Liu, attorney for Dynamic Acupuncture & Acupressure Clinic, appellant, requesting rehearing of Appeal No. 07-101, D.A.A.C. vs. ZA, decided Sept. 19, 2007. At that time, upon motion by Vice President Garcia, the Board voted 2-2-1 (President Knox and Commissioner Haaland dissented, Commissioner Albright absent) to uphold the subject Notice of Violation (NOV) regarding the establishment of a non-authorized massage establishment at the subject property. Four votes being required to overturn a departmental action under the City Charter, the subject NOV was upheld.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to deny the rehearing request.
SPEAKERS: Arthur Liu, attorney for appellant; Scott Sanchez, PD.
PUBLIC COMMENT: None.
(3b) ADOPTION OF FINDINGS:
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Subject property at 78 Peralta Avenue Appeal No. V07-133, Scull vs. ZA, decided November 7, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (President Knox dissented) to overrule the denial, and grant the variance with findings to be adopted at a later date. Project: removal of required conditions per Variance Case No. 1998.567V that allowed a second dwelling unit on the ground floor through the removal of the existing off-street parking space of the subject building; Variance Case No. 2007.0449V.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Knox dissented) to adopt the findings as amended.
SPEAKERS: Suzanne Scull, appellant; Scott Sanchez, PD; William Heijn, agent for appellant.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07-048
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EDWARD IP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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834 – 44th Avenue.
Appealing a Notice of Decision by the Director of the Dept. of Building Inspection, dated April 11, 2007, regarding allegations of an unlawful residential demolition at the subject property.
PUBLIC HEARING HELD & CLOSED ON JUNE 20, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to seek a settlement with adjacent neighbors, submit revised plans, and for the Planning Dept. to review the matter.
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ACTION: Upon motion by Comm. Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to February 6, 2008, with updates due one (1) Thursday prior; continued to allow appellant and neighbors additional time to settle issues.
SPEAKERS: Scott Sanchez, PD; Heston Chau, agent for appellant; Laurence Kornfield, DBI.
PUBLIC COMMENT: Cerise Cheng and Helen Tam spoke in favor of DBI.
(5) APPEAL NO. 07-203
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SAFEWAY STORE NO. 4601, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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145 Jackson Street.
Appealing a fifteen (15) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Oct. 10, 2007. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-07-205.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to uphold the fifteen (15) – day suspension.
SPEAKERS: Cecilia Mangoba, attorney for DPH; Sean Welch, attorney for appellant; Alfredo Lewis, agent for appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 07-205
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HDS RETAIL NORTH AMERICA LP
dba “PRESS RELAY”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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555 California Street.
Appealing a thirty (30) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Oct. 10, 2007. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-07-203.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to uphold the DPH on condition that the suspension be reduced to 15 days.
SPEAKERS: Cecilia Mangoba, attorney for DPH; Clark Lammers, agent for appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-206
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SANDRA LANE
dba “MUZZY’S ATTIC”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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3448 Balboa Street.
Appealing the revocation on Oct. 10, 2007, of Second Hand Dealer/ Antique Shop Permit (P52).
ACCOUNT NO. 1302.
FOR HEARING TODAY.
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ACTION: Upon motion by Comm. Knox, the Board voted 5 – 0 to recuse Comm. Knox. Afterwards, upon motion by Comm. Fung, the Board voted 4 – 0 – 1 (Comm. Knox recused) to overrule the revocation with conditions as suggested by SFPD.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 07-159
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NANCY HOUSE Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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75 Folsom Street.
Appealing the denial on August 31, 2007, of Permit to Alter a Building (on 67-unit apartment building: merge units 905 and 906 into one unit; remove wall between units).
APPLICATION NO. 2007/01/16/1750.
FOR HEARING TODAY.
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Note: Appeal No. 07-159 at 75 Folsom Street will be rescheduled to March 12, 2008at the request of the appellant and with the agreement of the Planning Department.
ACTION: Upon motion by Comm. Fung, the Board voted 5 – 0 to reschedule the matter to March 12, 2008.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07-200
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CHRISTMAS LEUBRIE,
ALICE HEIMSOTH, BARBARA WARD
& HERMINIA ALBARRAN-ROMERO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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259-261-263 Bartlett Street.
Protesting the issuance on Aug. 17, 2007, to Derning-Throne Inc., Permit to Alter a Building (on six-unit apartment building: foundation upgrade, 1st floor framing upgrade to accommodate installation of garages; new shear wall upgrade in garage; repair backstairs; no work on exterior elevation to be done.
APPLICATION NO. 2007/08/02/8574.
JURISDICTION GRANTED OCT. 3, 2007.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to uphold the permit on condition that the suspension remain until October 1, 2008.
SPEAKERS: Raquel Fox, attorney for appellant; Frederik Emilson, attorney for permit holder.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-201
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DEBORAH HONIG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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82 – 22nd Avenue.
Protesting the issuance on Oct. 4, 2007, to Julie Kase, Permit to Alter a Building (on single-family house: add side deck to rear of home; less than 10’ off the ground).
APPLICATION NO. 2007/09/28/4049.
FOR HEARING TODAY.
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ACTION: Upon motion by Comm. Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to Call of the Chair, in order for Board staff to seek DBI letter withdrawing permit.
SPEAKERS: Scott Sanchez, PD; appellant and permit holder did not appear.
PUBLIC COMMENT: None.
(11) APPEAL NO. 07-202
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PAUL ZINGARO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2368 - 3rd Street.
Protesting the issuance on Oct. 5, 2007, to Richard Vila, Permit to Alter a Building (on single-family residential building / restaurant: remodel bar / restaurant kitchen and spend 20% of project cost to upgrade entry, path of travel and restrooms).
APPLICATION NO. 2007/03/15/6385.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(12) APPEAL NO. 07-208
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INDIA BASIN
NEIGHBORHOOD
ASSOCIATION, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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845-855 Hudson Avenue.
Protesting the issuance on Oct.16, 2007, to JJ Wintersteen, Permit to Alter a Building (construct new temporary metal canopies for welding and storage purposes; metal fabrication on an empty lot; two metal structures 15’ X 45’ and 20’ X 54’ in size).
APPLICATION NO. 2007/10/16/5543.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Albright, the Board voted 5 – 0 to revoke the permit with a finding that the Board lacks jurisdiction over the subject permit due to the interim zoning controls (which currently require a conditional use for this type of project).
SPEAKERS: Yakuh Askew, agent for permit holder; Kristine Enea, agent for appellant; Scott Sanchez, PD.
PUBLIC COMMENT: The following people spoke in favor of the permit holder: Brian Maloney, Brendan Bannon, and Richie Hart.
There being no further business, President Garcia adjourned the meeting at 7:43 p.m.
