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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 12, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox and Commissioner Michael Garcia.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Jonas Ionin, Senior Planner, Planning Department (PD); Carla Short, 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.
ABSENT: Commissioner Katharine Albright.
VACANCY: One Seat.
(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: Kimberly Lauer explained that conditions for 201 College Avenue case are not being met.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(2a) RESOLUTION OF APPRECIATION FOR COMMISSIONER SUGAYA:
ACTION: Adopted.
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 3622 – 22nd Street. Permit issued on April 6, 2006. Last day to appeal was April 21, 2006. Jurisdiction request(s) received on June 8, 2006. Letter from Peter Birmingham, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/10/04/5856S. Permit Holder(s): Douglas Durkin. Project: 2nd floor master suite addition; stair tower addition; new deck at 1st floor.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-0-1 (Commissioner Albright absent) to deny the jurisdiction request.
SPEAKER: Ellen Mendelson, attorney for requestor; Karen Birmingham, wife of requestor; Earl Weiss, agent for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(3b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 771 – 27th Street. Permit issued on June 2, 2006. Last day to appeal was June 19, 2006. Jurisdiction request(s) received on June 22, 2006. Letter from Barbara Klementz & Julie Wasem, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2005/06/06/4276S. Permit Holder(s): Gerry Agosta. Project: vertical addition; horizontal addition; interior alteration.
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ACTION: Upon motion by Vice President Knox the Board voted 3-0-1 (Commissioner Albright absent), to grant the jurisdiction request.
SPEAKER: Matthew Brennan, attorney for permit holder; Barbara Klementz, requestor; Julie Wasem, requestor; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(4) APPEAL NO. 06-070
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DEYO FAMILY TRUST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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170 St. Germain Avenue.
Protesting the issuance on April 24, 2006, to Mila Alemasov, Site Permit to Alter a Building (on single-family house: extension of building; horizontal addition).
APPLICATION NO. 2003/07/31/0905S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia the Board voted 3-0-1 (Commissioner Albright absent) to uphold the permit.
SPEAKERS: Walter Caplan, attorney for appellant; Mila AlemasoV, permit holder; Wayne Campbell, agent for permit holder; Jonas Ionin, PD.
PUBLIC COMMENT: None.
(5) APPEAL NO. 03-031
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MARILYN AMINI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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320 Wawona Street.
Protesting the issuance on Feb. 5, 2003, to Bethany Chaney & Bridget Wylie, Permit to Alter a Building (on single-family house: renew for final only, for Building Permit Application No(s). 2000/02/23/2533, which was for installation of 21 vinyl windows in kind, into existing frames, no change in size or location, and no structural changes)
APPLICATION NO. 2003/02/05/6749.
FOR HEARING TODAY.
Note: placed on Call of Chair on May 14, 2003 while appellant awaits determinations from the DBI.
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ACTION: Upon motion by Vice President Knox, the Board voted 3-0-1 (Commissioner Albright absent) to uphold the permit.
SPEAKERS: Marilyn Amini, appellant; Bridget Wylie, co-permit holder; Laurence Kornfield, DBI.; Jonas Ionin, PD.
PUBLIC COMMENT: None.
ITEMS 6A & 6B SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 06-060
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ISAAC ABRAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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737 Castro Street.
Protesting the issuance on April 18, 2006, to Dean Ballback, Permit to Alter a Building (on single-family house: revision to BPA No. 2005/09/08/2285; show all new framing at rear room; lower back roof 18” and move railing 3’ off south property line; landscape rear yard, retaining walls and fence; comply with NOV nos. 200561712, 20067313, and 200667626).
APPLICATION NO. 2006/04/18/9218.
PUBLIC HEARING HELD & CLOSED ON JUNE 14, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow permit holder time to meet with Planning Staff regarding variance issue.
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(6B) APPEAL NO. 06-093
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ISAAC ABRAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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737 Castro Street.
Protesting the issuance on August 22, 2005, to Dean Ballback, Permit to Alter a Building (on single-family house: replace portion of foundation; concrete cap; north side footing).
APPLICATION NO. 2005/08/22/0845.
JURISDICTION GRANTED 06/14/2006.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-0-1 (Commissioner Albright absent) to reschedule the matter to July 26, 2006.
SPEAKERS: Jeremy Paul, agent for permit holder; Isaac Abrams, appellant; Jonas Ionin, PD.
PUBLIC COMMENT: None.
(7) APPEAL NO. 06-074
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GONZALO CASTRO, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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871 Turk Street.
Appealing the denial on April 30, 2006, of Permit to Remove and Replace Three (3) Trees.
ORDER NO. 176,012.
FOR HEARING TODAY.
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ACTION: Withdrawn verbally by appellant at hearing.
SPEAKERS: Gonzalo Castro, appellant; Carla Short, DPW BUF.
PUBLIC COMMENT: None.
(8) APPEAL NO. 06-071
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WILLIAM BURKE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3775 – 21st Street.
Protesting the issuance on April 21, 2006, to Dewey Tong, Site Permit to Alter a Building (on single-family house: 2nd story addition consisting of 2 bedrooms and 2 bathrooms; remodel of 1st floor bedroom and dining room; new windows and French doors; exterior finishes).
APPLICATION NO. 2004/07/20/9327S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-0-1 (Commissioner Albright absent) to uphold the permit.
SPEAKERS: Brett Gladstone, attorney for permit holder; William Burke, appellant; Jonas Ionin, PD.
PUBLIC COMMENT: None.
(9) APPEAL NO. 06-072
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ROBERT RINAURO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3869 – 26th Street.
Protesting the issuance on April 28, 2006, to Bob Michitarian, Permit to Alter a Building (on single-family house: rear yard addition).
APPLICATION NO. 2005/09/28/4121.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 3-0-1 (Commissioner Albright absent) to uphold the permit.
SPEAKERS: Robert Rinauro, appellant; Andre Rothblatt, agent for permit holder; Robert Michitarian, permit holder; Nelson Cheung, agent for permit holder; Laurence Kornfield, DBI.; Jonas Ionin, PD.
PUBLIC COMMENT: Debra King said that the permit holders are not dedicated to good neighbor policy and addition will block neighbor’s afternoon light; Mark Giberson said that the real issue is light and the tree has been a problem for many years. Heinfried Block said the project will reduce light on appellant’s windows.
(10) 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.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 3-0-1 (Commissioner Albright absent) to continue the matter to July 26, 2006, with the public hearing closed.
SPEAKERS: Lawrence Wong, agent for appellants; Debra Stein, attorney for permit holder; Harvey Hacker, agent for permit holder; Jonas Ionin, PD.
PUBLIC COMMENT: Yasmin Scalon spoke in favor of the appellants’ appeal.
(11) APPEAL NO. V06-075
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SONDRA LEQVE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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331 Filbert Street.
Protesting the granting on May 2, 2006, to Peter Dwares, Rear Yard Variance (construct an elevator, serving all four levels of the building, along the westerly edge of the rear balcony in the required rear yard).
VARIANCE CASE NO. 2004.0680V.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 3-0-1 (Commissioner Albright absent) to reschedule the matter to August 30, 2006 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(12) APPEAL NO. V06-076
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SONDRA LEQVE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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110 Alta Street.
Protesting the granting on May 2, 2006, to Peter Dwares, Modification of Existing Rear Yard Variance (add a bedroom at the rear of the middle unit in this three-unit residential building).
VARIANCE CASE NO. 2004.0681V.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 3-0-1 (Commissioner Albright absent) to reschedule the matter to August 30, 2006 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
There being no further business, President Fung adjourned the meeting at 9: 00 pm.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from official court reporter.
