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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 13, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Michael Garcia, Commissioner Katharine Albright and Commissioner Robert Haaland.
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); Johnson Ojo, Principal Inspector, Department of Public Health (DPH); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and 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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SPEAKER: Tony Fu accused staff and Department of Building Inspection (DBI) of criminal conspiracy.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None
(3) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 455 – 27th Street. Letter from Georgia Schuttish, appellant, requesting rehearing of Appeal No. 06-155, Schuttish vs. DBI, PDA, decided November 15, 2006. Upon motion by Vice President Knox, the Board voted 5-0 to uphold the subject permit. Project: on single-family house; demolish interior walls at bedrooms; add 8’ to rear of house; build bedroom, laundry and storage at lower level; build new family room and kitchen at main level; build 3rd floor with two bedrooms, master suite and deck; build new roof deck and stair enclosure; BPA No. 2005/10/17/5751S. Permit Holder: David Bartenwerfer.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to deny the request for rehearing.
SPEAKERS: Georgia Schuttish, appellant; David Bartenwerfer, permit holder.
PUBLIC COMMENT: None.
(4) APPEAL NO. 06-148
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SHU-FUN CHU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1456 – 9th Avenue.
Protesting the issuance on September 8, 2006, to Henry Klein, Permit to Alter a Building (comply with NOV; revision to BPA No. 2006/05/12/1506; change guard rail detail at deck).
APPLICATION NO. 2006/09/08/1766.
PUBLIC HEARING HELD & CLOSED ON NOVEMBER 8, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow the Planning Department time to re-review the matter.
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ACTION: Upon motion by Vice President Knox, the Board voted 5 – 0 to uphold the permit on conditions that the railing be open with original spindles, and be painted a light color.
SPEAKERS: Tina Tam, Senior Planner, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection, (DBI); Shu-Fun, appellant; Hudson Lanier, agent for permit holder.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-169
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MUSA SALEH
dba “BOB’S LIQUOR & GROCERY”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2999 Harrison Street.
Appealing a 15-day suspension of a Tobacco Product Sales Establishment Permit, imposed on October 12, 2006. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-06-242.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to reschedule the matter to January 10, 2007.
SPEAKERS: Musa Saleh, appellant; Johnson Ojo, Department of Public Health, (DPH).
PUBLIC COMMENT: None.
(6) APPEAL NO. 06-171
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SHERMAN CHIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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625 Bacon Street.
Appealing the imposition of penalty on October 20, 2006, for work done without a permit (remove bathroom on existing ground floor).
PLUMBING PERMIT NO. P485187.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to reduce the penalty to two times the regular fee.
SPEAKER: Department of Building Inspection (DBI).
PUBLIC COMMENT: None.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 04-071
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NANCY LA FORGIA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APROVAL
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77 Seneca Avenue.
Protesting the issuance on June 22, 2004, to Shi Guo Chen, Permit to Alter a Building (on single-family house: new deck, 25’ X 12’; address NOV No. 200450711).
APPLICATION NO. 2004/06/22/7013.
FOR HEARING TODAY.
Note: On Sept. 8, 2004, the Board voted 4-0-1 (AC absent) to reschedule the matter to the indefinite calendar to allow time for DBI and Planning to issue an NOV for the illegal 2nd story addition, which would lead to the filing of a new building permit to legalize what was built, a 311 notice and possible DR hearing, with DR result to be appealed to BOA, and then for both appeals to be heard together.
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ACTION: Upon motion by Vice President Knox, the Board voted 5 – 0 to revoke the permit with a finding that this permit is superseded by Building Permit Application # 2004/10/13/6678 (appeal 06-167).
SPEAKERS: Tina Tam, Senior Planner, Department of Planning (PD);John Hurabiell, attorney for appellant; Tin Chor Gee, appellant, via translator Daniel Lau; Cindy Gee, attorney for permit holder; Mimmie Lau, Agent for La Forgia, appellant.
PUBLIC COMMENT: Jocelyn del Castillo, for appellant; Matt Gee, son of Appellant;
(7B) APPEAL NO. 06-167
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TIN CHOR GEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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77 Seneca Avenue.
Protesting the issuance on October 5, 2006, to Shi Guo Chen, Permit to Alter a Building (on single-family house: horizontal extension at rear).
APPLICATION NO. 2004/10/13/6678.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Tina Tam, Senior Planner, Department of Planning (PD);John Hurabiell, attorney for appellant; Tin Chor Gee, appellant, via translator Daniel Lau; Cindy Lee, attorney for permit holder; Mimmie Lau, Agent for La Forgia.
PUBLIC COMMENT: Jocelyn del Castillo spoke in favor of appellant and described the effect of the project on her window; Matt Gee, son of Appellant;
(8) APPEAL NO. 06-159
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IAN HADDOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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538 Laidley Street.
Protesting the issuance on September 15, 2006, to Eric Kenneally, Site Permit to Erect a Building (4-story, single-family house with 1,000sf of ground floor area).
APPLICATION NO. 2005/01/14/3283S.
FOR HEARING TODAY. Note: On Nov. 15, 2006, the Board voted 5-0 to reschedule the matter to the Call of Chair pending resolution of the Cat Ex appeal at the BOS.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Ian Haddow, appellant; Lu Blazej, agent for permit holder; Eric Kenneally, permit holder; Drake Gardner, agent for permit holder; Tina Tam, Senior Planner, Department of Planning(PD)
PUBLIC COMMENT: Ursula Arvand spoke in favor of appellant and she said that a near by renter said that permit holder’s employee damaged her car; Marty Kirkwood said size and scope of the project hasn’t changed for two years and project is too close to his property. He also believes the owner will not reside here and the permit holder’s map is inaccurate. Denise La Pointe spoke in favor of the permit holder and said project is only a one family house that was approved by Planning Commission at the Discretionary Review hearing (DR) and the Board of Supervisors denied the appeal of categorical exemption by 11 – 0 vote.
(9) APPEAL NO. 06-168
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3184 MISSION STREET LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3184 Mission Street.
Appealing a Notice of Violation dated October 12, 2006, addressed to KC Goik & David Zylinski, that the mixed-use project (20 dwelling units, 20 off-street parking spaces, and 4,800sf of commercial space) at the subject property is not in compliance with the Inclusionary Housing Requirements, in violation of Planning Code § 174.
FOR HEARING TODAY.
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ACTION: Withdrawn by the Appellant.
SPEAKER: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 06-174
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BROCK PRYOR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1247 Palou Avenue.
Protesting the issuance on October 25, 2006, to Francisco Palma, Permit to Alter a Building (on single-family house: abate NOV nos. 200118940, 200666261, and 200671366; remove illegal kitchen; legalize rooms).
APPLICATION NO. 2006/10/25/5962.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the permit on condition that the wet bar be removed.
SPEAKERS: Brock Pryor, appellant; Dawn Loossen, wife of appellant; Bob Noelke, agent for permit holder; Tina Tam for Planning, Planning Department (PD).
PUBLIC COMMENT: None.
There being no further business, President Fung adjourned the meeting at 8:25 p.m.
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Robert H. Feldman, Executive Secretary
