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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES- WEDNESDAY, JUNE 21, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Hisashi Sugaya, Commissioner Katharine Albright, and Commissioner Michael Garcia.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Ron Tom, Chief Building Inspector, Dept. of Building Inspection (DBI); Craig Nikitas, Senior Planner, Planning Department (PD); Cara Short, Urban Forester, Dept. of Public Works Bureau of Urban Forestry (DPW BUF); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; Claudine Woeber, 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 504 – 6th Street. Letter from Lawrence Badiner, Zoning Administrator, requesting rehearing of Appeal No. 06-039, Hicks vs. DBI, PDD, decided May 17, 2006. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the permit, with findings to be adopted at a later date. Project: construction of sign (ground, non-electric, single-faced, 14’ X 48’, with 672sf of total surface area), BPA No. 2005/10/11/5200. Note: If this rehearing request is granted, a rehearing shall be scheduled for a subsequent date, and the adoption of findings (Item 3b) shall be moot.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to grant the rehearing request and to set the rehearing for August 16, 2006, with briefs due two Thrusdays prior, and rebuttals due one Thursday prior.
SPEAKER: Craig Nikitas, PD; Alice Barkley, attorney for appellant; Jared Eigerman, attorney for Clear Channel.
PUBLIC COMMENT: None.
(3b) ADOPTION OF FINDINGS:
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Subject property at 504 – 6th Street. Appeal No. 06-039, Hicks vs. DBI, PDD, decided May 17, 2006. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the permit, with findings to be adopted at a later date. Project: construction of sign (ground, non-electric, single-faced, 14’ X 48’, with 672sf of total surface area), BPA No. 2005/10/11/5200.
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ACTION: With granting of rehearing request (Item 3a), this matter became moot.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2955 – 26th Street. Permit issued on March 3, 2006. Last day to appeal was March 20, 2006. Jurisdiction request received on May 30, 2006. Letter from Raquel Fox, attorney for Irma Valdez, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2006/03/03/5924. Permit Holder: Anhu Hua. Project: remove kitchen in basement, and convert full bath to half bath at ground floor; comply with NOV No. 200565040.
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ACTION: Upon motion by Vice President Knox, the Board voted 4-0-1 (Commissioner Albright absent) to grant the jurisdiction request.
SPEAKER: Jill Cartwright and Katia Bloom, agents for requestor; Colin Tam, agent for permit holder; Ron Tom, DBI; Craig Nikitas, PD.
PUBLIC COMMENT: None.
(3d) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 600 Fillmore Street. Permit issued on May 10, 2006. Last day to appeal was May 25, 2006. Jurisdiction request received on June 5, 2006. Letter from Jeremy Paul, requestor, asking that the Board take jurisdiction over Electrical Permit No. EW2006/05/10/387. Permit Holder: David Peterson. Project: new laundromat.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to deny the jurisdiction request.
SPEAKER: Jeremy Paul, requestor; John Pollard, agent for permit holder; David Peterson, permit holder; Craig Nikitas, PD.
PUBLIC COMMENT: Cynthia Crews spoke in favor of the permit holder; Mark Hamilton and Magie Crystal spoke in favor of the requestor.
(4) APPEAL NO. 06-015
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SUNRISE
SENIOR DEVELOPMENT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2420 Sutter Street.
Appealing a determination dated January 6, 2006, addressed to Steven Vettel at Morrison & Foerster LLP, that the proposed dementia special care facility is a residential care facility, and a housing project subject to the inclusionary housing requirements of Planning Code § 315.
PUBLIC HEARING HELD & CLOSED ON MARCH 15, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for Planning Staff to pursue possible legislative amendments, and for the OCA to review application of inclusionary housing requirements to assisted living projects.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to reschedule the matter to July 19, 2006 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-067
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ELENA DAL SANTO, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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2750 Greenwich Street.
Appealing the denial on April 21, 2006, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 175,963.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the permit on condition that the replacement tree be of a 36” box size or larger at the discretion of the DPW BUF, and be of a species suitable to DPW BUF.
SPEAKERS: Carla Short, DPW BUF; Elena Dal Santo, appellant.
PUBLIC COMMENT: Cole Coleman spoke in favor of the DPW BUF decision.
(6) APPEAL NO. 06-064
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FREDERICKA ANNE COLEMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3 Carpenter Court.
Appealing the imposition of penalty imposed on April 28, 2006, for work done without a permit (on single-family house: Join deck railing tops with wooden brackets; join railing to house with steel brackets; replace beam, post and joists; replace decking as needed).
APPLICATION NO. 2006/04/14/8959.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to reduce the penalty to two times the regular fee.
SPEAKERS: Ron Tom, DBI; Fredericka Anne Coleman, Appellant; Cole Coleman, agent for appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 06-038
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MICHAEL PATEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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432 Geary Street.
Appealing the denial on August 9, 2005, of Permit to Erect a Sign (non-electric, wall, single-faced, painted wall, 30’ X 59’, with 1,770sf of total surface area).
APPLICATION NO. 2002/02/01/8317.
JURISDICTION GRANTED MARCH 1, 2006.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-2 (Commissioner Sugaya and Commissioner Albright dissented) to reschedule the matter to July 19, 2006.
SPEAKERS: Craig Nikitas, PD; Brendan Hallinan, attorney for appellant.
PUBLIC COMMENT: None.
(8) APPEAL NO. 06-063
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KAI NG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1459 – 22nd Avenue.
Protesting the issuance on April 17, 2006, to Jason Chan, Site Permit to Alter a Building (on single-family house: horizontal addition).
APPLICATION NO. 2005/12/05/9527S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit.
SPEAKERS: Jimmy Ng, agent for appellant; Lincoln Lue, agent for permit holder; Craig Nikitas, PD; Michael Hom, agent for permit holder; Jason Chan, permit holder.
PUBLIC COMMENT: None.
(9) APPEAL NO. 06-065
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LES NATALI, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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531 Castro Street.
Appealing a Permit Suspension Request, addressed to Amy Lee, Acting Director of the Dept. of Building Inspection, asking that Building Permit Application No. 2005/05/03/1487 be suspended because the scope of the proposed work may not comply with the Planning Code.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. V06-066
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AMY McDOUGALL, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1736-1740 Filbert Street.
Appealing the conditions placed on the granting of Rear Yard and Dwelling Unit Exposure Variances (proposal is to construct a new 3-story over 3-car garage, single-family building at the front of the lot).
VARIANCE CASE NO. 2005.0746V.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to uphold the variance on condition that the roof assembly be changed to a 1-hour roof assembly so as to reduce the parapet to a curb of minimum height.
SPEAKERS: Craig Nikitas, PD; Amy McDougall, appellant.
PUBLIC COMMENT: Stephen Williams, attorney for neighbors, said that the project will be injurious to neighbors and that a full build out of the 6600 square foot house is too big for San Francisco. Norman Leong agrees with the ZA’s compromise decision, which reduces the impacts to his sister’s property next door. Dennis Wong also spoke in favor of the ZA’s variance decision. Kathryn Wong said that the project will impact air quality and parking, and that the project is out of scale.
(11) APPEAL NO. 06-068
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ANDRES & LIZZIE JEREMI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2347 – 18th Avenue.
Protesting the issuance on March 13, 2006, to I. Ming Chu, Permit to Alter a Building (on single-family house: construct single-level deck at rear and side of building, and repair stair).
APPLICATION NO. 2006/03/13/6555.
JURISDICTION GRANTED 04/19/2006.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit.
SPEAKER: Lizzie Jeremi, appellant; I. Ming Chu, permit holder; Craig Nikitas, PD.
PUBLIC COMMENT: None.
There being no further business, President Fung adjourned the meeting at 9:00 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from official court reporter.
