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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 21, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: Vice President Michael Garcia, Commissioner Frank Fung, Commissioner Katharine Albright, and Commissioner Robert Haaland.
ABSENT: President Randall Knox.
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; Victor Pacheco, Legal Assistance; and Manuel Payes, Office Clerk, for the Board; 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) ADOPTION OF FINDINGS:
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Subject property at 3827 California Street. Discussion and adoption of proposed findings for Appeal No. 06-205, Napolitana vs. DBI, PCD, decided March 7, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to overrule the denial, and grant the permit, with findings to be adopted on March 21, 2007. Project: on two-unit building, remove basement dwelling unit and install garage; interior remodel as shown, BPA No. 2006/02/07/4026S.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1(President Knox was absent) to reschedule the matter to 4/4/07.
SPEAKER: Jeremy Paul, Agent for Appellant.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07-005
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KYO LEE
dba “FILLMORE MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1669 Fillmore Street.
Appealing a ten (10) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on January 10, 2007. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-07-021.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1(President Knox was absent) to reduce the suspension to five days.
SPEAKERS: John Ojo, DPH; Kyo Lee, Appellant; Maria Lee, Wife of Appellant.
PUBLIC COMMENT: None.
ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 06-060
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ISAAC ABRAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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737 Castro Street.
Protesting the issuance on April 18, 2006, to Dean Ballback, Permit to Alter a Building (on single-family house: revision to BPA No. 2005/09/08/2285; show all new framing at rear room; lower back roof 18” and move railing 3’ off south property line; landscape rear yard, retaining walls and fence; comply with NOV nos. 200561712, 20067313, and 200667626).
APPLICATION NO. 2006/04/18/9218.
PUBLIC HEARING HELD & CLOSED ON JUNE 14, 2006. FOR FURTHER CONSIDERATION TODAY. Note: The Board voted 5-0 on July 26, 2006to continue the matter to Call of Chair so that the permit holder can proceed with the variance application at Planning.
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ACTION: Upon motion by Vice President Garcia, the Board voted 2 – 2 – 1(Commissioners Albright and Haaland dissented; President Knox was absent) to uphold both permits.
SPEAKERS: Tina Tam, PD; Isaac Abrams, Appellant; Thomas Roberts, Agent for Permit Holder; Laurence Kornfield, DBI; Mark Lonning, Agent for Permit Holder; Pat Buscovich, Agent for Permit Holder; Tamara Abrams Daughter of Appellant.
PUBLIC COMMENT: Richard Kadel, on behalf of the Appellant said, he had received a Notice of Violation for his property and that the contractor had put dirt under his fence without permission and is violation of code.
(5B) APPEAL NO. 06-093
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ISAAC ABRAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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737 Castro Street.
Protesting the issuance on August 22, 2005, to Dean Ballback, Permit to Alter a Building (on single-family house: replace portion of foundation; concrete cap; north side footing).
APPLICATION NO. 2005/08/22/0845.
JURISDICTION GRANTED 06/14/2006.
FOR HEARING TODAY. Note: The Board voted 5-0 on July 26, 2006to continue the matter to Call of Chair so that the permit holder can proceed with the variance application at Planning.
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ACTION: Upon motion by Vice President Garcia, the Board voted 2 – 2 – 1(Commissioners Albright and Haaland dissented; President Knox was absent) to uphold both permits.
SPEAKERS: Tina Tam, PD; Isaac Abrams, Appellant; Thomas Roberts, Agent for Permit Holder; Laurence Kornfield, DBI; Mark Lonning, Agent for Permit Holder; Pat Buscovich, Agent for Permit Holder; Tamara Abrams Daughter of Appellant.
PUBLIC COMMENT: Richard Kadel, on behalf of the Appellant said he had received a Notice of Violation for his property and that the contractor had put dirt under his fence without permission and is violation of code.
ITEMS (6A) & (6B) SHALL BEHEARD TOGETHER:
(6A) APPEAL NO. 06-014
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MALANA MOBERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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869 North Point Street.
Protesting the issuance on January 5, 2006, to North Point Holdings LLC, Permit to Demolish a Building (2-story, single-family house with 1,000sf of ground floor area).
APPLICATION NO. 2005/01/24/3844.
FOR HEARING TODAY. Note: On March 15, 2006, the Board voted 5-0 to reschedule the matter to the Call of Chair pending resolution of the CEQA appeal (demo permit) at the BOS.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1(President Knox, was absent) to reschedule the matters to Call of the Chair. Awaiting the next step by the Permit Holder since the Board of Supervisors disapproved.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6B) APPEAL NO. 06-194
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BRUCE RADO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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869 North Point Street.
Protesting the issuance on November 30, 2006, to North Point Holdings LLC, Site Permit to Erect a Building (3-story, 3-unit building with 2,450sf of ground floor area).
APPLICATION NO. 2005/01/24/3842S.
FOR HEARING TODAY. Note: On January 31, 2007, the Board voted 5-0 to reschedule the matter to the Call of Chair pending resolution of the CEQA appeal (site permit) at the BOS.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1(President Knox, was absent) to reschedule the matters to Call of the Chair. Awaiting the next step by the Permit Holder since the Board of Supervisors disapproved.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. V07-002
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CHUK KWAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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204-206 – 2nd Avenue.
Appealing the denial on January 5, 2007, of Parking Variance (legalize an existing one-bedroom dwelling unit constructed without permits on the ground floor of the two-family residence without an independently accessible parking space).
VARIANCE CASE NO. 2006.1107V.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 3 – 1 – 1(President Knox was absent and Commissioner Haaland dissented) to uphold the denial.
SPEAKERS: Tina Tam, PD; Gary Bell, Agent for Appellant; Laurence Kornfield, DBI.
PUBLIC COMMENT: None
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 07-006
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STEVEN GOODMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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730 Great Highway.
Protesting the issuance on January 23, 2007, to Tom MacDonald, Permit to Erect a Building (three-story, two-unit residential building).
APPLICATION NO. 2003/05/29/5813.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1(President Knox was absent) to hear the matters tonight.
ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1(President Knox was absent) to uphold both permits.
SPEAKERS: Steven Goodman, Agent for Appellant; Lu Blazej, Agent for Permit Holder; Tina Tam, PD; Mike Wilkinson, for Permit Holder.
PUBLIC COMMENT: None.
(8B) APPEAL NO. 07-007
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STEVEN GOODMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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730 Great Highway.
Protesting the issuance on January 16, 2007, to Tom MacDonald, Permit to Erect a Building (three-story, two-unit residential building).
APPLICATION NO. 2005/10/18/5856.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1(President Knox was absent) to hear the matters tonight.
ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1(President Knox was absent) to uphold both permits.
SPEAKERS: Steven Goodman, Agent for Appellant; Lu Blazej, Agent for Permit Holder; Tina Tam, PD; Mike Wilkinson, for Permit Holder.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07-009
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CITY LIGHTS PARTNERSHIP, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2130 Leavenworth Street #9.
Appealing a Notice of Violation dated January 17, 2007, addressed to Tom Zimmerman and City Lights Partnership c/o Shirley Ann Walker, that the subject property is being operated in a manner consistent with that of a hotel, in violation of Planning Code § 209.2(d).
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1(President Knox was absent) to continue the matter to 05/2/07, for parties to negotiate the sound issue, and with the Public Hearing closed.
SPEAKERS: Tina Tam, PD; Andrea August, Attorney for Appellant; Edward Hartley, Attorney, for neighbors; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-010
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LISA AMICK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3527-3529 – 21st Street.
Protesting the issuance on January 17, 2007, to Ben & Wendy Yalom, Permit to Alter a Building (comply with NOV; revise BPA No. 2006/07/26/7705 to show existing use at attic; permanent removal of illegal unit; return building to legal two-unit configuration to comply with NOV; new attic window (front); add seven new skylights).
APPLICATION NO. 2006/11/08/7196.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 - 1(President Knox was absent) to reschedule the matter to 5/09/07.
SPEAKERS: None.
PUBLIC COMMENT: None.
There being no further business, President Knox adjourned the meeting at 8:45 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Easteller Bruihl, The Official Court Reporter.
