2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 4, 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); Ron Tom, Chief Building Inspector, Dept. of Building Inspection (DBI); Thomas Owen, Deputy City Attorney for Taxi Commission; Carla Short, Department 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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SPEAKER: David Pilpel suggested the Board urge SFGTV Channel 26 to broadcast Board of Appeals meetings live on Wednesday nights.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
ACTION: Upon motion by President. Fung, the Board voted 5-0 to cancel the meeting of Nov. 1, 2006 and reschedule all cases to October 25, 2006.
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) ADOPTION OF FINDINGS:
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Subject property at 615 – 38th Avenue. Appeal No. V06-106, Woo vs. ZA, decided September 6, 2006. At that time, upon motion by Vice President Knox, the Board voted 5-0 to overrule the denial, and grant the variance with findings to be adopted at a later date. Project: Rear Yard Variance (construct a horizontal addition and egress stairs at the 2nd story level, that will extend into the required rear yard of an existing 3-story, single-family dwelling); variance case no. 2006.0153V.
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ACTION: Rescheduled to October 25, 2006.
SPEAKERS: None. Appellant did not appear.
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 August 16, 2006 at a rehearing. 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: Upon motion by President. Fung, the Board voted 5-0 to reschedule the matter to October 25, 2006.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3c) SPECIAL ITEM:
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Subject property at Junipero Serra Greenbelt, from Rossmoor Drive to Stratford Drive. Appeal No. 06-107, Lakeside Property Owners Association vs. DPW BUF, decided Sept. 13, 2006. At that time, upon motion by Commissioner Haaland, the Board voted 5-0 to uphold the order for removal of 25 trees, and to overturn the order as to financial responsibility. William Schneider and Harold McDermid, members of the Lakeside Property Owners Association, assert the right to request rehearing, but the Association has not requested a rehearing. Board Rule Article V, Section 6 specifies that "reheaing request[s] may be filed only by principals in the appeal."
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to deny the request to file a rehearing request.
SPEAKERS: William Schneider, requestor; Hal McDermid, requestor; Hal Halper, agent for LPOA.
PUBLIC COMMENT: None.
(4) APPEAL NO. 03-133
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ISHTIAQ BOKHARI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on August 18, 2003, of a Driver of Public Passenger Vehicle for Hire Permit.
RESOLUTION NO. 2003-65.
PUBLIC HEARING HELD & CLOSED ON FEB. 11, 2004. FOR FURTHER CONSIDERATION TODAY. Note: Board voted on Feb. 11, 2004 to reschedule this appeal to the indefinite calendar so that the medallion revocation hearing can go forward at the Taxi Commission, and if the TC revokes the medallion, and the appellant appeals the revocation to the Board, then both appeals shall be heard together.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the revocation.
SPEAKERS: Tom Owen, attorney for Taxi Commission; Sherry Gendelman, attorney for appellant.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-073
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KAM & SOO WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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700 – 4th Avenue.
Protesting the issuance on April 28, 2006, to Korean Covenant Church, Site Permit to Alter a Building (change occupancy with maximum at 100 persons; add elevator; revise exiting; revise property line fire walls; legalize ground floor kitchen and dining; variance for rear yard exit stair case, variance case no. 2004.0613V).
APPLICATION NO. 2005/06/08/4603S.
PUBLIC HEARING HELD & CLOSED ON JULY 12, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow parties time to work on settlement regarding mitigation measures.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to continue the matter to November 15, 2006 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. V06-079
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RICHARD GARVIN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1043-1045 Francisco Street.
Protesting the granting on May 12, 2006, to John Chiatello, Rear Yard Variance (construction of a one-story horizontal addition over existing one-story extension at the rear of the building, of which a 3 foot portion would be within the required rear yard).
VARIANCE CASE NO. 2005.0032DV.
PUBLIC HEARING HELD & CLOSED ON JULY 19, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow parties time to negotiate a settlement.
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ACTION: Withdrawn by appellant(s).
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. 06-115
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MAYA HOVEY,
JOSE & JULIA DOMINGUEZ,
MARTA DOMINGUEZ,
MELESIO & MARIA SANTIAGO,
MILTON & MARINA GIRON,
FLORENZIO & CELIA CARREON,
SALVADOR & GUILLERMINA RODRIGUEZ,
JOSE ESTRADA, ISABEL MACALL,
CARLOS PAZ, TOMASA PAZ, ERNESTO
& MARICELLA ACEVES, and BENJAMIN
& ELIZABETH HENRIQUEZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1468 Folsom Street.
Protesting the issuance on July 24, 2006, to Hanford Freund & Co., Permit to Alter a Building (on multi-unit apt. building: selective demolition in units 3, 6, 7, and 12 to perform mold abatement; install new sheet rock (replacement in kind) as required).
APPLICATION NO. 2006/07/24/7385.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to October 11, 2006 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) 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 reschedule the matter to November 8, 2006.
SPEAKERS: Pat Buscovich, appellant; Lisa Amick, tenant; Reid Yalom, permit holder; Ron Tom, DBI.
PUBLIC COMMENT: None.
(9) APPEAL NO. 06-117
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PAUL & CHRISTINE SEAWELL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3245 Pacific Avenue.
Protesting the issuance on July 28, 2006, to Richard & Jennifer Emerson, Site Permit to Alter a Building (on single-family house: addition of roof dormers to attic storage space with new stairs to attic; interior basement remodel; relocate furnace; replace water heaters).
APPLICATION NO. 2006/03/02/5877S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to uphold the permit with various conditions as read into the record.
SPEAKERS: Pat Buscovich, agent for appellants; Jim Reuben, attorney for permit holder; Denise Leadbetter, attorney for appellants.
PUBLIC COMMENT: None.
(10) APPEAL NO. 06-119
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CATHERINE WATT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1520 Monterey Blvd.
Protesting the issuance on August 1, 2006, to Thomas & Audry Yi, Site Permit to Alter a Building (enlarge garage to 460sf).
APPLICATION NO. 2005/10/05/4878S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commission Haaland, the Board voted 5-0 to reschedule the matter to October 11, 2006.
SPEAKERS: Thomas Yi, permit holder; Shanon Devine, agent for permit holder; Ron Tom, DBI.
PUBLIC COMMENT: John Marciano spoke in support of permit holder.
(11) APPEAL NO. V06-120
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MARK COUREY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1310 Stanyan Street.
Protesting the granting on August 2, 2006, to Albert Blaylock, Parking Variance (construct a one-family dwelling adjacent to an undeveloped street with no off-street parking).
VARIANCE CASE NO. 2004.1167V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commission Haaland, the Board voted 5-0 to uphold the variance on condition that the variance holder preserve the natural environment to the greatest extent possible, consistent with the Code.
SPEAKERS: Tina Tam, PD; Stephen Williams, attorney for appellant; Mark Brand, agent for variance holder; Ron Tom, DBI; Mark Courey, appellant.
PUBLIC COMMENT: None.
(12) APPEAL NO. 06-121
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2604-2606 BUCHANAN STREET
HOMEOWNERS ASSOCIATION, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2608-2610 Buchanan Street.
Protesting the issuance on August 1, 2006, to Sol Cera & Chandra Cen, Site Permit to Alter a Building (on 2-unit building: various exterior and interior work).
APPLICATION NO. 2006/02/09/4285S.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant(s).
SPEAKERS: None.
PUBLIC COMMENT: None.
There being no further business, President Fung 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 Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
