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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, APRIL 9, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Randall Knox, Commissioner Tanya Peterson, Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Spencer Gosh, Senior Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Jordanna Thigpen, Executive Director, Taxi Commission (TC); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; 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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SPEAKERS: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 254 Beverly Street. Permit issued on Feb. 4, 2008. Last day to appeal was Feb. 19, 2008. Jurisdiction request received on March 31, 2008. Letter from Michael Hall, attorney for Rickey Bates, requestor, asking that the Board take jurisdiction over BPA No. 2008/02/04/3869. Permit Holder: Robert Char. Project: legalize existing family room, one bedroom, one full bath and storage room on ground floor; add one full bath in existing family room area.
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ACTION: Upon motion by Commissioner Peterson, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to grant the jurisdiction request.
SPEAKERS: Jeffrey Chen, attorney for permit holder; Michael Hall, attorney for requestor, Spencer Gosh DBI; Tina Tam, PD.
PUBLIC COMMENT: None.
(4) 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 HEARINGS HELD & CLOSED ON OCT. 24, 2007 & JAN. 16, 2008. 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 President Garcia, the Board voted 3 – 1 – 1 (Commissioner Knox dissented, Commissioner Haaland absent) to uphold the revocation.
SPEAKERS: Jordanna Thigpen, TC; Scott Leon, TC; Leah Parmenter, attorney for appellant.
PUBLIC COMMENT: Mark Gruberg spoke in favor of the TC.
ITEMS (5A), (5B), & (5C) SHALL BE HEARD TOGETHER:
(5A) 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.
PUBLIC HEARING HELD & CLOSED ON JAN. 16, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow the Board to review the due process issues raised by the permit holder.
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(5B) 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.
PUBLIC HEARING HELD & CLOSED ON JAN. 16, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow the Board to review the due process issues raised by the permit holder.
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(5C) 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.
PUBLIC HEARING HELD & CLOSED ON JAN. 16, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow the Board to review the due process issues raised by the permit holder.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to revoke all three permits with a finding that the permits were incomplete and inaccurate.
SPEAKERS: George Gomes, appellant; Peter Quintana, permit holder; Spencer Gosh, DBI.
PUBLIC COMMENT: None.
(6) APPEAL NO. 08-013
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JON JERNIGAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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625 Duncan Street.
Appealing a Partial Stop Work Order Request dated Jan. 14, 2008, addressed to the Director of the Dept. of Building Inspection, requesting that BPA No. 2005/09/09/2498 be partially suspended because some work was performed without Planning Code § 311 notification.
PUBLIC HEARING HELD & CLOSED ON APRIL 2, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the appellant to meet with the neighbors.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to overrule the ZA’s Partial Stop Work Order, with adoption of findings at a later time.
SPEAKERS: Nial Vignoles, attorney for appellant.
PUBLIC COMMENT: Gralen Britto spoke in favor of the appellant.
(7) APPEAL NO. 07-225
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MARTIN KAZINSKI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the removal on Nov. 29, 2007, of appellant’s name from the Public Convenience & Necessity Medallion Waiting List.
LIST NO. 6-479.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 3 – 2 to overrule the name removal and issue the appellant the next available medallion. Failed for lack of four (4) votes. Afterwards, upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Haaland dissented) to overrule the name removal, for appellant to float at the top of the medallion list for three (3) years, and for the appellant to be treated under the same driving requirements as are applied to medallion holders.
SPEAKERS: Jordanna Thigpen, TC; Martin Kazinski, appellant.
PUBLIC COMMENT: Mark Gruberg spoke in favor of the appellant.
(8) APPEAL NO. 07-213
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PAUL WEAVER
& 1407 MONTGOMERY STREET
HOME OWNERS ASSOCIATION, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1420 Montgomery Street.
Protesting the issuance on Oct. 29, 2007, to Alan Steremberger, Permit to Alter a Building (on four-unit apartment building: add 4 x 12 roof top blocking for support of future PV panels; roof deck railing under separate permit; revision to BPA No. 2006/10/19/5499).
APPLICATION NO. 2007/10/29/6741.
FOR HEARING TODAY.
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ACTION: Withdrawn by the appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-006
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AHMAD LARIZADEH, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1875 Geary Blvd.
Appealing a Letter of Determination dated Jan. 8, 2008, regarding the filling in of windows along the Geary Blvd. Frontage of the subject building.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 1 (Vice President Fung dissented) to overrule the Letter of Determination with the following finding: that the ZA erred because the marble tile work on the facade is a decorative or architectural element within the meaning of Planning Code § 145.1(a).
SPEAKERS: Ahmad Larizadeh, appellant; Tina Tam, PD.
PUBLIC COMMENT: None.
(10) APPEAL NO. 08-014
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CLAIRE HARRISON-AMBJOR
& ERIK AMBJOR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1581 Masonic Avenue.
Protesting the issuance on Dec. 6, 2007, to Robert Barnes, Permit to Alter a Building (new front fence and side fence; 75% open at front).
APPLICATION NO. 2007/12/06/9826.
JURISDICTION GRANTED JAN. 16, 2008.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to uphold the permit on condition: a) that front fence and first seven (7) feet six (6) inches of side fence shall not exceed four (4) feet two (2) inches above the existing retaining wall; b) that remaining side fence be reduced by one (1) foot so as to not exceed seven (7) feet [five (5) feet solid and two (2) feet lattice].
SPEAKERS: Jeremy Paul, agent for appellant; Ilene Dick, attorney for permit holders; Tina Tam, PD.
PUBLIC COMMENT: Daniel Handler, Rob Hurlbut, Ted Snyderman, and Silvia Johnson spoke in favor of the appellants; Darnell Hutchinson and Windi Braden spoke in favor of the permit holders.
(11) APPEAL NO. 08-016
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MISSION
ANTI-DISPLACEMENT
COALITION, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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700 Valencia Street.
Protesting the issuance on Jan. 29, 2008, to John O’Connor, Permit to Erect a Building (five-story, nine-unit residential/office building with 5,248sf of ground floor area).
APPLICATION NO. 2005/04/14/0087S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 3 – 2 (President Garcia and Vice President Fung dissented) to uphold the permit on the condition that the permit holder pay $100,000 into the Mayor’s Office Affordable Housing Fund. Failed for lack of four (4) votes. Afterwards, upon motion by Commissioner Haaland, the Board voted 2 – 3 (President Garcia, Vice President Fung, and Commissioner Knox dissented) to uphold the permit on the condition that the fifth (5th) floor be removed. Failed for lack of four (4) votes. Permit upheld with no new conditions.
SPEAKERS: Julie Leadbetter, agent for appellant; Alice Barkley, attorney for permit holder, John O’Connor, permit holder; Tina Tam, PD.
PUBLIC COMMENT: The following people spoke in favor of the appellant: Emalie Huriaux, Annice Jacoby, Rachel Washburn, Corrin Buchanan, Jorge Portillo, Veronica Majano, Anne Veraldi, David Arthur, Mercedes Weatherford, Josh Vining, Lizbett Calleros, Sam McMullen, Barb Singleton, and Silvia Johnson; Angus McCarthy spoke in favor of the permit holder.
(12) APPEAL NO. 08-017
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MICHAEL ANDERSON, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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79 Putnam Street.
Appealing a Letter of Determination dated Jan. 30, 2008, regarding the use of the variance process in order to make reasonable modifications to the City’s zoning laws under Federal and State disability laws.
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 ZA’s Letter of Determination.
SPEAKERS: Michael Anderson, appellant; Tina Tam, PD.
PUBLIC COMMENT: None.
There being no further business, President Garcia adjourned the meeting at 12:35 am.
