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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 5, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Randall Knox, Vice President Michael Garcia, Commissioner Frank Fung, Commissioner Katharine Albright, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Carla Short, Urban Forester, Department of Public Works/Bureau of Urban Forestry (DPW/BUF); Victor Pacheco, Legal Assistan; Manuel Payes, Clerk Typist; Joel Case, Official Court Reporter.
ABSENT: Robert Feldman, Dept. Head.
(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: Vincent Tomera.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS: None.
(4) APPEAL NO. 07- 021
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CLARA LUSARDI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2164 – 15th Street.
Protesting the issuance on February 27, 2007, to Mikel Jaye, Site Permit to Alter a Building (on 2-unit building: addition at garage level; new stair up from garage to 1st floor; roof deck over addition at garage; new back stair rebuild to 2nd floor from 1st floor, and from 1st floor to rear yard).
APPLICATION NO. 2005/07/20/8161S.
PUBLIC HEARING HELD & CLOSED ON MAY 2, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued pending final result of arbitration proceedings.
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ACTION: Withdrawn by Appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5) APPEAL NO. 07-119
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ANNE CROMPTON, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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4 Bellair Place.
Appealing the denial on July 1, 2007, of Permit to Remove and Replace One (1) Tree, and appealing the conditions placed on a Permit to Remove and Replace One (1) Tree.
ORDER NO. 176,900.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to uphold the order, with the following modification: that removal of most northerly redwood tree is denied, and that removal of most southerly redwood tree is approved, with both conditions to remain.
SPEAKERS: Carla Short, DPW/BUF; Anne Crompton, appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 07-145
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STAN HICKS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1400-1428 Market Street.
Appealing a Letter of Determination dated July 31, 2007, addressed to Stan Hicks, regarding the use of the subject property for general advertising.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to February 13, 2008.
SPEAKERS: Howard Slavitt, attorney for appellant; Scott Sanchez, PD.
PUBLIC COMMENT: None.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 07-154
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CARLOS & LOUISE BEA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2721 Pierce Street.
Protesting the issuance on August 17, 2007, to Michael Cannon, Site Permit to Alter a Building (on single-family house: addition to bay window and windows on façade; addition to rear; remodel of kitchen and baths).
APPLICATION NO. 2006/07/03/5586S.
FOR HEARING TODAY.
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(7B) APPEAL NO. 07-162
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MICHAEL & BEVERLY CANNON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2721 Pierce Street.
Appealing the issuance / conditions placed on a Site Permit to Alter a Building, issued on August 17, 2007, to Michael Cannon (on single-family house: addition to bay window and windows on façade; addition to rear; remodel of kitchen and baths).
APPLICATION NO. 2006/07/03/5586S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to reschedule both matters to Call of the Chair, awaiting resolution of Cat Ex appeal at the Board of Supervisors.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS ( 8A) & ( 8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 07-163
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STEPHEN WILLIAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2608 Post Street.
Protesting the issuance on August 21, 2007, to Brendon Fox, Permit to Demolish a Building (two-story single-family house).
APPLICATION NO. 2006/05/31/2867.
FOR HEARING TODAY.
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(8B) APPEAL NO. 07-164
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STEPHEN WILLIAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2608 Post Street.
Protesting the issuance on August 21, 2007, to Brendon Fox, Permit to Erect a Building (two-story single-family house with 1,100sf of ground floor area).
APPLICATION NO. 2006/05/31/2874S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule both matters to January 23, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07-165
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PETER FRIEL, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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435 Duboce Avenue.
Protesting a Letter of Determination issued on August 22, 2007, addressed to Geoff Gibson at Windere Liebes Architects, regarding the installation at the subject property of a Yoga and Wellness Center, with an accessory use of day-care facility for 12 or fewer children, and a small café.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to uphold the Letter of Determination.
SPEAKERS: Appellant did not appear.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-166
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HLA KYI & KAREN RA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1506 Innes Avenue.
Protesting the issuance on August 24, 2007, to C&C Goodman Construction Inc., Site Permit to Erect a Building (three-story single-family house with 1,642sf of ground floor area).
APPLICATION NO. 2006/08/25/0538S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Hla Kyi, appellant; Kelton Finney, agent for permit holder; Scott Sanchez, PD; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(11) APPEAL NO. V07-167
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JULIE McSWEENEY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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751-753 Cole Street.
Protesting the granting on August 31, 2007, to Christopher Morales and Lawrence Morales, Rear Yard and Non-Complying Structure Variances (construct a new roof deck above the 2nd story level and exit stairs at the rear of the three-story over basement, two-family dwelling).
VARIANCE CASE NO. 2007.0375V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 1 (President Knox dissented) to revoke the variance, with the following findings: a) that the five required findings have not been met, specifically the exceptional/extraordinary circumstances requirement; and b) that the life/safety issues can be addressed through an interior stair.
SPEAKERS: Christopher Morales, co-variance holder; Julie McSweeney, appellant; Cecilia Zamora, agent for variance holders; Scott Sanchez, PD; Laurence Kornfield, DBI; Sean Condry, agent for variance holders.
PUBLIC COMMENT: None.
(12) APPEAL NO. 07-168
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JONATHAN GURSEN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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314 Polaris Way.
Protesting the issuance on August 30, 2007, to Walter & Vivian Jebe, Permit to Alter a Building (on single-family house: remove illegal rear deck; remove doorway that leads onto deck and install window; repair damaged wall at south facing window; remove sheetrock and plywood on garage ceiling; install insulation)
APPLICATION NO. 2007/08/30/1386.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 3 – 2 (President Knox and Commissioner Haaland dissented) to uphold the permit.
SPEAKERS: Saul Ferster, attorney for permit holder; Jonathan Gursen, appellant; Jack McCloskey, agent for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: Mustapha Guetter and Daniel Roh spoke in favor of the appellant.
(13) APPEAL NO. 07-170
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JENNIFER RUDDOCK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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708 Broderick Street.
Protesting the issuance on August 27, 2007, to Carl & Jane Williams, Site Permit to Alter a Building (on single-family house: new rear yard one-story addition with roof deck and stairs; remodel 1st floor).
APPLICATION NO. 2006/06/14/4032S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Harry How, agent for appellant; Carl Williams, co-permit holder; Jayne Williams, co-permit holder; Scott Sanchez, PD; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
There being no further business, President Knox adjourned the meeting at 8:35 pm.
