2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 8, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Tina Tam, Senior Planner, Planning Department (PD); Laurence Kornfield; Chief Building Inspector, Dept. of Building Inspection (DBI); Cecilia Mangoba, Dept. of Public Health (DPH); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Ellen Valentine, 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: David Pilpel expressed condolences on passing of Official Court Reporter Claudine Woeber.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 1284 Mission Street. Letter from Geoffrey Rotwein, attorney for Arthur Lee dba “Lee’s Oriental Massage”, appellant, requesting rehearing of Appeal No. 06-103, Lee’s Oriental Massage vs. DPH, decided September 20, 2006. At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Vice President Knox rescued) to uphold the revocation of the subject permit (Massage Establishment Permit).
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to recuse Randall Knox.
ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Knox rescued) to deny the rehearing request.
SPEAKERS: Geoffrey Rotwein, attorney for appellant; Cecilia Mangoba, DPH.
PUBLIC COMMENT: None.
(4) APPEAL NO. 06-131
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MARIA GARCIA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2695 – 47th Avenue.
Protesting the issuance on August 8, 2006, to Nennette Dignadice, Permit to Alter a Building (on single-family house: new deck, 7’6” X 12’4” and 8’10” in height, with a 1 hour fire wall at 7’ in height.
APPLICATION NO. 2006/08/08/8907.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for DBI to conduct a site visit pursuant to the Board’s comments.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit.
SPEAKERS: Laurence Kornfield, DBI; Maria Garcia, appellant.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-151
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GORDON YEE & KORI INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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429-433 Haight Street.
Appealing a Notice of Violation dated August 31, 2006, addressed to Gordon Yee & Kori Inc., regarding violations at the subject property of the Planning Commission’s Dwelling Unit Merger Policy, and of Planning Code §§ 151, 790.108, 136(c)(30), 142, 134 (a)(1), & 135.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to continue the matter to January 10, 2007. with the public hearing closed.
SPEAKERS: Tina Tam, PD; David Silverman, attorney for appellant.
PUBLIC COMMENT: Damion Mosier-Tidd said there is very little parking on Haight Street , so these spaces are important and should be allowed to remain.
Leonard Krasowski said the lot has served as tenants’ parking for years.
Aimee Porter said without this parking space she would sell her car. Area too dangerous to park on street.
Melissa Waters wants parking to remain.
Hugo Solis uses parking lot which is a necessity for him.
Tina Mosier-Tidd said the lot to remain because the street parking undesirable.
Vallie Brown doesn’t care about the parking space because real issue is criminals using garage to flee police and do drug deals. He wants the garage door secured.
Richard Johnson of Hayes Valley Community Partners has worked on safety issue, said parking is not an issue, drug dealers using garage and lot to deal and escape is issue.
Marian Lyons from Waller Street showed photos of trash in yard and said fence needed to keep rats and trash out.
Rochelle McCune wants violations on property abated and codes enforced. No problem with parking use so long as gate is closed.
Lisa Zahner of the neighborhood association said property needs a gate that can be closed.
Bill Maher described recent criminal activities in neighborhood. Not against tenant parking and solid door would be best solution.
Maureen Roche of Hayes Valley Partnership said crime is so bad, she is afraid to walk on street.
Regina Dick-Endrizzi speaking for Supervisor Ross Mirkarimi said he doesn’t want to take parking away but to reduce crime. He opposes appeal.
Alexandra Jones said owner has so much property he should close door for safety.
Ted Dillingham agreed with those above.
(6) APPEAL NO. 06-116
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PATRICK BUSCOVICH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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3527-3529 – 21st Street.
Protesting the issuance on July 26, 2006, to Reid Yalom, Permit to Alter a Building (basement level unit to revert to storage; legalize backroom and accessory office; remove 3rd level roof deck).
APPLICATION NO. 2006/07/26/7705.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to revoke the permit at the request and agreement of the parties, and on condition that permit holder submit supplemental information to fully address the matter.
SPEAKERS: Laurence Kornfield, DBI; Pat Buscovich, appellant; Reid Yalom, permit holder; Lisa Amick, tenant.
PUBLIC COMMENT: None.
(7) 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.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to continue this matter to December 13, 2006 with the public hearing closed, and for Planning to re-review the matter.
SPEAKERS: Shu-Fun Chu, appellant; Chang-Hui Chen, agent for appellant; Henry Klein, permit holder; Hudson Lanier, agent for permit holder; Laurence Kornfield, DBI; Tina Tam, PD.
PUBLIC COMMENT: None.
(8) APPEAL NO. 06-110
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SPORTS BASEMENT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1590 Bryant Street.
Appealing a determination dated July 20, 2006, addressed to Tony Sanchez-Corea, concerning a proposal at the subject property for a 54,000 gross square foot Sports Basement store (retail sales and services facility).
FOR REHEARING TODAY. Note: On September 13, 2006, the Board 5-0 voted to uphold the ZA’s determination. On October 11, 2006, the Board voted 5-0 to grant the appellant’s rehearing request.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5-0 to overrule the Zoning Administrator determination, with findings to be adopted on December 6, 2006.
SPEAKERS: Tina Tam, PD; Laurance Kornfield, DBI; Mary Murphy, attorney for appellant; David Rumberg, subj. prop. owner; Eric Prosnitz, subj. prop. owner.
PUBLIC COMMENT: Chuck Collins said people voted this business best in class.
Bob Belllino of Road Runners Club said this business serves youth.
Dan Michelini described good work of appellant.
Kristina Hentschel said they provide meeting space for community groups.
Marina Coleridge supported appellant for their good works.
Dave Deigen of Road Runners said appellant supports non-profit like his club.
Gina Fromer said they reach out to community and send youth to camp and boating trips.
(9) APPEAL NO. V06-149
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R.S. & PAMELA HARRISON, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2125 – 19th Street.
Appealing the partial grant and partial denial on August 29, 2006, of Rear Yard Variance (allow a 2nd story addition but not allow the new addition within the lot’s required rear yard).
VARIANCE CASE NO. 2005.1212V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the partial grant, and overrule the partial denial (no construction in the last 15 feet of lot depth), with findings to be adopted on December 6, 2006.
SPEAKERS: Tina Tam, PD; Ron Harrison, appellant; David Cincotta, attorney for appellant.
PUBLIC COMMENT: None.
ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 06-152
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SHERYL COWAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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774 – 40th Avenue.
Protesting the issuance on September 8, 2006, to Eric Huang, Permit to Alter a Building (on single-family house: add rooms at ground floor; remodel existing kitchen and bath; add bath at 2nd floor; replace rear 2nd floor bedroom windows).
APPLICATION NO. 2006/09/08/1783.
FOR HEARING TODAY.
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(10B) APPEAL NO. 06-158
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SHERYL COWAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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774 – 40th Avenue.
Protesting the issuance on September 25, 2006, to Eric Huang, Permit to Alter a Building (on single-family house: revise BPA No. 2006/09/08/1783; underpin rear foundation; replace some concrete, joist and beams; replace front windows; comply with complaint from Planning no. 8325).
APPLICATION NO. 2006/09/25/3225.
FOR HEARING TODAY.
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ACTION: Upon appeals motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit with conditions (#1, 2 & 3 on appellant’s reply dated 10/18/06).
SPEAKERS: Sheryl Cowan, appellant; Dennis Carr, attorney for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: Colleen Miller spoke in support for appellant.
(11) APPEAL NO. 06-153
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SCOTT MORROW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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744-746 Clementina Street.
Protesting the issuance on August 31, 2006, to Nicole Macy, Permit to Alter a Building (on 6-unit building: replace fire damaged sheetrock in unit 2; comply with NOV no. 200672987; demolish sheetrock in unit 4; replace in kind).
APPLICATION NO. 2006/08/31/1203.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to revoke the permit.
SPEAKERS: None. Appellant and permit holder didn’t appear
PUBLIC COMMENT: None.
There being no further business, President Fung adjourned the meeting at 10:00 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Ellen Valentine, the Official Court Reporter.
