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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 4, 2009
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Tanya Peterson, Commissioner Michael Garcia, Commissioner Kendall Goh, and Commissioner Rafael Mandelman.
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); Jordanna Thigpen, Division of Taxis and Accessible Services, San Francisco Municipal Transportation Agency (SFMTA); Carla Short, Urban Forester, Dept. of Public Works Bureau of Urban Forestry (DPW BUF); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; and Manuel Payes, Clerk Typist.
(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: Richard Hybels and Leo McFadden.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: President Fung would like Appeal Nos. 09-019 and 09-020 regarding 55 Manchester St. placed on the April 1, 2009 agenda.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the February 18, 2009 minutes.
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ACTION: At the request of the City Attorney and upon motion by Commissioner Goh, the Board voted 5 – 0 to continue this item to the Board’s March 11, 2009 agenda.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
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Subject property at 1673 Haight Street. Appeal No. 08-177, Bradbury vs. ZA, decided Feb. 11, 2009. At that time, the Board voted 5-0 to overrule the Letter of Determination with adoption of findings at a later time. LOD: regarding the disapproval of BPA No. 2008/08/13/9105 for the establishment of a new wine-tasting room within an existing retail chocolate shop at the subject property.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to adopt the findings.
SPEAKERS: Tina Tam, PD; Jeremy Paul, agent for appellant.
PUBLIC COMMENT: None.
(5) APPEAL NO. 08-081
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JAMES FORCIER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owners: NATHALIE LANG
& JOHN WICKER
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2666 Greenwich Street.
Appealing a Request for Reinstatement of Suspended Permit dated May 19, 2008.
APPLICATION NO. 2008/01/31/3694.
PUBLIC HEARING HELD AND CLOSED ON OCT. 29, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time parties to conduct settlement negotiations.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the reinstatement of the permit on the condition that revised plans dated 02/25/09 be implemented, and with a finding that the parties have settled the matter.
SPEAKERS: Laurence Kornfield; DBI; Rodrigo Santos, agent for the subject property owner.
PUBLIC COMMENT: None.
(6) APPEAL NO. 08-190
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DRISS “KIKI” ELASSALI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on Dec. 11, 2008, of taxi A-card No. 52819.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the revocation of the subject A-card.
SPEAKERS: Jordanna Thigpen, SFMTA; Ligia Parmenter, attorney for appellant; Sgt. Ron Reynolds, SFPD; Driss Elassali, appellant.
PUBLIC COMMENT: The following people in favor of the appellant: Gholahosain Rasooli, Aziz Huguldi, Abdo Alowdi, Abedelaziz Lemwaouri, and Nordean Moussaoui. Richard Hybels and Ron Brothers spoke in favor of the SFMTA.
(7) APPEAL NO. 08-175
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JOYCE YEE, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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772 – 2nd Avenue.
Appealing the denial on Nov. 14, 2008, of Tree Removal Permit (remove and replace one privately maintained Siberian Elm tree).
ORDER NO. 177,900.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to uphold the denial.
SPEAKERS: Carla Short, DPW; Ryan Gille, attorney for subject property owner; appellant did not appear.
PUBLIC COMMENT: None.
(8) APPEAL NO. 08-171
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JESUS GOMEZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1140 Potrero Avenue.
Protesting the issuance on Nov. 4, 2008, to Tom McDonald, Permit to Alter a Building (one-story addition and horizontal addition; change of occupancy from single-family house to three-unit apartment building).
APPLICATION NO. 2007/05/21/1784S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 1 (Commissioner Goh dissented) to uphold the permit on the condition that (a) the bathroom window on the second floor be reduced to 2’ x 3’ and (b) that the door on the second floor be solid.
SPEAKERS: Sue Hestor, attorney for appellant; Yakuh Askew, agent for permit holder; Rodrigo Santos, agent for permit holder; Tina Tam, PD; Laurence Kornfield, DBI; Jesus Gomez, appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-194
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REAGAN LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2475 – 17th Avenue.
Protesting the issuance on Dec. 8, 2008, to Owen Guan, Permit to Alter a Building (construct one-story rear stairs at rear of existing building; alteration to existing ground floor to add two bedrooms, two full bathrooms, two storage rooms and laundry; alteration to existing 2nd floor to add two bathrooms, remodel existing two bathrooms, and re-wiring per plan).
APPLICATION NO. 2008/12/08/7981.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue the matter to March 25, 2009, to allow time for Planning staff to confer with permit holder and re-review the project.
SPEAKERS: Reagan Lee, appellant; Owen Guan, permit holder; Tina Tam, PD.
PUBLIC COMMENT: Garrett Chan spoke in favor of the appellant; Luke Yu spoke in favor of the permit holder.
(10) APPEAL NO. 09-001
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JOERG WESTERMANN,
KATHLEEN CROWLEY,
RACHEL HOWARD,
MARIO ESCOBAR, GAGE BOONE,
ELANA MARGOLIS, BENJAMIN WACKS,
AND JACKIE ESCOBAR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1217 Florida Street.
Protesting the issuance on Dec. 22, 2008, to David McClosky, Permit to Alter a Building (interior remodel of existing dwelling units; remodel bathrooms and kitchens; new window on south elevation; infill light well at east elevation; removal of partition walls).
APPLICATION NO. 2008/12/16/8638.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (President Fung absent) to reschedule the matter to March 11, 2009 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 9:11 p.m.
