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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 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 Hisashi Sugaya.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Senior Planner, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Carla 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; and 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: Bob Planthold, Michael Ege, Mark Gruberg, and David Pilpel.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) SPECIAL ITEM: Presentation by Planning Department Staff of recently adopted Dwelling Unit Merger (DUM) policy of the Planning Commission.
SPEAKERS: Jonas Ionin, PD.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Taxi medallion no. 436. Letter from Hayward Wong, appellant(s), requesting rehearing of Appeal No(s). 05-179, Wong vs. TC, decided December 14, 2005. At that time, upon motion by President Sugaya, the Board voted 5-0 to uphold the suspension of the subject taxi medallion. Note: Public hearing on this rehearing request was held and closed on Jan. 18, 2006; matter continued to allow time for submittal of additional documents pursuant to the Board’s comments.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to deny the request for rehearing.
SPEAKERS: Jim Gillespie, agent for appellant; Heidi Machen, Taxi Commission.
(4b) REHEARING REQUEST:
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Subject property at 2233 Vicente Street. Letter from Walter Wong, agent for Yat Wa Chu, appellant, requesting rehearing of Appeal No(s). 05-177, Chu vs. ZA, decided January 11, 2006. At that time, upon motion by President Sugaya, the Board voted 5-0 to uphold the determination regarding the legality of the existing use of the subject property (hardware and builders supply business with an outdoor storage yard), which is located in an NC-1 (Neighborhood Commercial Cluster) zoning district.
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ACTION: Withdrawn by appellant / requestor.
SPEAKERS: None.
(4c) REHEARING REQUEST:
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Subject property at 1740 Filbert Street. Letter from Amy McDougall, appellant(s), requesting rehearing of Appeal No(s). 05-064/065, McDougall vs. DBI, PDD, decided June 8, 2005. At that time, upon motion by Commissioner Saunders, the Board voted 5-0 to uphold the denial of both permits by the Planning Department. Project, 1st permit: demolish a single-story building with 320sf of ground floor area, BPA No. 2004/12/02/0582. Project, 2nd permit: construction of a 4-story single-family dwelling with 1,224sf of ground floor area, BPA No. 2004/12/02/0571S.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to March 22, 2006 at the written request of the parties.
SPEAKERS: None.
(5) APPEAL NO. 05-206
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PATRICK MISSUD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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438-440 Campbell Avenue.
Appealing the imposition of penalty on December 8, 2005, for work done without a permit (on two-unit building: remodel both units including kitchen, bath, wooden windows and drywall; update electric and heating; new paint and flooring; widen front driveway to allow for 20% front yard landscaping; remove roof deck; correct all violations).
APPLICATION NO. 2005/10/04/4669.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Sugaya dissented) to reduce the penalty to seven times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Patrick Missud, appellant; John Endrina, subject property owner.
(6) APPEAL NO. 05-207
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JEFF KENDALL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1545 Broadway.
Appealing the imposition of penalty on December 19, 2005, for work done without a permit (on 24-unit condominium building: repair all windows on front of building; aluminum to vinyl; no structural changes visible from street).
APPLICATION NO. 2005/10/03/4526.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reduce the penalty to two times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Jeff Kendall, appellant; Kevin Gundry, agent for appellant.
(7) APPEAL NO. 05-209
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JOHN ZINN, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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2055 – 21st Avenue.
Appealing the conditions placed on a Permit to Remove and Replace One (1) Tree.
ORDER NO. 175,765.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (President Fung dissented) to uphold the conditions placed on the subject permit.
SPEAKERS: Carla Short, DPW BUF; John Zinn, appellant.
(8) APPEAL NO. 05-191
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STEVE & JESSICA WYNNE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1824 Baker Street.
Appealing the denial, on January 31, 2006, of Permit to Alter a Building (legalize conversion from 7 dwelling units to 2 dwelling units).
APPLICATION NO. 2003/10/03/6524.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to overrule the denial, and grant the permit with findings to be adopted at a later date.
SPEAKERS: Jonas Ionin, PD; Jeremy Paul, agent for appellant; Christopher DaCunha, and Joseph Lasky, for appellants.
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 05-200
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GUY CARSON, MICHAEL SIDLOW,
& TOM LANGSTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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744 Union Street #5.
Protesting the issuance on November 23, 2005, to W.B. Coyle, Permit to Alter a Building (renew B.P.A. No. 2005/04/28/1102; on 6-unit apartment building; remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).
APPLICATION NO. 2005/11/23/8922.
FOR HEARING TODAY.
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(9B) APPEAL NO. 05-201
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GUY CARSON, MICHAEL SIDLOW,
& TOM LANGSTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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744 Union Street #2.
Protesting the issuance on November 23, 2005, to W.B. Coyle, Permit to Alter a Building (renew B.P.A. No. 2005/04/28/1105; on 6-unit apartment building; remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).
APPLICATION NO. 2005/11/23/8924.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule both matters to Feb. 22, 2006 at the written request of the parties.
SPEAKERS: None.
(10) APPEAL NO. 05-202
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JOHN TYNAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1960, 1980-1998 Golden Gate Avenue.
Protesting the issuance on November 23, 2005, to Prana Eight Properties LLC, Permit to Alter a Building (on 12-unit apartment building: response to NOV No. 200338880; remove 2 illegal ground floor dwelling units; remove defective bathroom on 1st floor; remove existing defective rear exit stair and deck; provide new required exit with fire-escape per “local equivalency”; provide new kitchen and bathroom for existing 4th floor apartments).
APPLICATION NO. 2003/12/02/1446.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to reschedule the matter to Feb. 15, 2006.
SPEAKERS: Raquel Fox, attorney for appellant; Curtis Dowling, attorney for permit holder.
(11) APPEAL NO. 05-208
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MARY GRUDNOWSKI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2740-2742 Filbert Street.
Appealing the suspension on December 7, 2005, of Building Permit Application No. 2005/11/04/7478 (a revision to B.P.A. No. 2004/04/08/0828). Reason(s) for suspension: the Planning Department needs time to research whether this revision permit requires additional notification and/or consideration by the Planning Commission since the underlying permit was subject to a Discretionary Review (DR) hearing on September 23, 2004.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
(12) APPEAL NO. 05-211
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ST. MARY’S
IMPROVEMENT CLUB, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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201 College Avenue.
Protesting the issuance on December 13, 2005, to Alexander & Robin Paret, Permit to Alter a Building (on single-family house: replace chain link fence and broken retaining wall with new wall; new curb cut).
APPLICATION NO. 2005/06/01/3894.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4-1 (Commissioner Sugaya dissented) to uphold the permit with the following conditions: a) that 70% of the fence be transparent; b) that the fence height be 6 feet; c) that the 8 inch setback remain; d) that landscaping be placed within this 8 inch setback; and e) that the pillars covered by the subject permit may remain.
SPEAKERS: Kass McMahon-Kelly, agent for appellant; Judith Rentschler, attorney for permit holders; Yakuh Askew, architect for permit holders; Rodrigo Santos, engineer for permit holders; Elsie Aviles, Julie Carniglia, Jorge Reyes, Kimberly Lauer, Lisa Everson, and Matt Lauer, for appellant; Patrick Noonan, for permit holders; Jonas Ionin, PD; Laurence Kornfield, DBI; Robin Paret, co-permit holder.
(13) APPEAL NO. 05-212
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AMIR ZAVIEH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2124 Hyde Street.
Protesting the issuance on December 9, 2005, to B.F. Herman, Permit to Alter a Building (on 7-unit apartment building: remodel kitchen in unit nos. 1,4,5 and 6; replace cabinets and counters; no structural work; comply with NOV no. 200564773).
APPLICATION NO. 2005/12/09/9928.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to reschedule the matter to Feb. 15, 2006.
SPEAKERS: Raquel Fox, attorney for appellant; Denise Leadbetter, attorney for permit holder
There being no further business, President Fung adjourned the meeting at 9:40 p.m.
________________________________
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter. TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – FEBRUARY 8, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: Bob Planthold asked board to hold firm in item 4a and not grant rehearing since there was no abuse of process.
Michael Ege asked board to deny request for rehearing in item 4a for same reasons.
Mark Gruberg requested Board to deny request in item 4a for lack of new evidence to be submitted.
David Pilpel supported the Taxi Commission in item 4a and asked Board to deny request for rehearing.
(2) PUBLIC COMMENT: None.
(3) PUBLIC COMMENT: None.
(4a) PUBLIC COMMENT: Made at item 1.
(4b/c) PUBLIC COMMENT: None.
(5) PUBLIC COMMENT: None.
(6) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: None.
(8) PUBLIC COMMENT: Christopher Da Cunha for owners next door to subject property said Appellant has fixed up the house, which has been a great improvement for the neighborhood and be supported appeal.
Joseph Lasky from across street of subject property said he supports the appellant because he has fixed up the house which was a dump and it has been a breath of fresh air since appellant painted it and removed the garbage.
(9a/b) PUBLIC COMMENT: None.
(10) PUBLIC COMMENT: None.
(11) PUBLIC COMMENT: None.
(12) PUBLIC COMMENT: Elsie Aviles said plans are misleading and “stucco walls” will actually be a concrete fortress out of character with St. Mary’s Park.
Julie Carniglia, President of St. Mary’s Association said the proposal violates the RH-1 (D) zoning for lack of proper side yard and the 8” setback is not enough. She said they are seeking designation as an historical district.
Jorge Reyes said his mother is in a wheel chair and he won’t be able to get by with the proposed wall built. Access will be too small.
Kimberly Lauer read three letters from neighbors opposing the wall.
Lisa Everson, former president of Association opposes because it will not be in character with the neighborhood.
Mr. Venasso, two-times president said it is now a safe neighborhood without wall.
Matt Lauer said this is not a retaining wall and workers continue to work on project even though the permit has been suspended.
Patrick Noonan, next door neighbor said he supports the Permit Holder because the wall will be aesthetically pleasing since the proposed wall is an improvement over the chain link fence.
(13) PUBLIC COMMENT: None.
