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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES – WEDNESDAY, DECEMBER 16, 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.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector and Deputy Director, Department of Building Inspection (DBI); Lawrence Badiner, Zoning Administrator (ZA); Craig Nikitas, Senior Planner, Planning Department (PD); Scott Sanchez, Planner, PD; John Kwong, Department of Public Works, Bureau of Street Use and Mapping (DPW); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
(1) PUBLIC COMMENT:
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: None.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
Discussion and possible adoption of the December 9, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 4-0-1 (Commissioner Mandelman absent) to adopt the December 9, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 1050 Baker Street. Letter from Robin Won, requestor, asking that the Board take jurisdiction over BPA No. 2009/01/13/0105S, which was issued on Oct. 5, 2009, and for which the appeal period ended on Oct. 20, 2009. Jurisdiction request was received on Nov. 24, 2009. Permit Holder: Ebrahim Abassi. Project: enlarge rear deck at first, second and third floor; add windows and patio doors.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to deny the Jurisdiction Request.
SPEAKERS: Robin Won, requestor; Kerry McDonald, agent for requestor; Robert Hargrove, agent for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(4b) JURISDICTION REQUESTS TO ALLOW LATE FILING OF APPEALS:
Subject property at 250 – 27th Avenue. Letter from Julia Yueh, requestor, asking that the Board take jurisdiction over BPA No. 2009/10/09/8753, Electrical Permit No. E2009/10/09/2939, and Plumbing Permit No. PP2009/10/09/584, which were all issued on Oct. 9, 2009, and for which the appeal periods all ended on Oct. 26, 2009. Jurisdiction requests were received on Dec. 1, 2009. Permit Holder: Lee Yun Ling & Shu Fen Su. Project (Building Permit): correction work at ground floor; legalize two bedrooms, one storage room and half bath at garage level; NOV No. 200883845. Project (Electrical Permit): 12 lights, 12 switches, 24 receptacles, one fan, three smoke detectors, 100 AMPS. Project (Plumbing Permit): plumbing works for two half baths and one sink.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to deny all three Jurisdiction Requests.
SPEAKERS: Julia Yueh, requestor; Shu Fen Su, permit holder, (speaking through translator Edward Chu); Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(5) APPEAL NO. 09-087
UNION BANK, N.A., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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350 and 430 California Street.
Appealing a Request for Revocation dated Aug. 7, 2009, addressed to DBI Director Vivian Day, asking that BPA Nos. 2009/05/01/7495 and 2009/05/04/7578 be revoked because they do not comply with Planning Code § 607(g)(1) and were approved in error by the Planning Department.
PUBLIC HEARING HELD AND CLOSED ON OCT. 21, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to discuss options and to re-brief certain issues.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Mandelman dissented) to grant the appeal and overrule the Request for Revocation, on the condition that both signs be allowed to remain for 8 years from permit issuance date, with the adoption of findings at a later time.
SPEAKERS: Lawrence Badiner, ZA; Benjamin Reznik, attorney for appellant.
PUBLIC COMMENT: Milo Hanke spoke in favor of the ZA.
(6) APPEAL NO. 09-098
DANIEL PAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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425 Bush Street.
Protesting the issuance on Aug. 31, 2009, to Ascendant Inc., Street Space Occupancy Permit.
APPLICATION NO. M178827.
PUBLIC HEARING HELD AND CLOSED ON NOV. 18, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to submit status reports to the Board.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to continue this matter to January 13, 2010.
SPEAKERS: Daniel Pan, appellant; Alair Dias, agent for permit holder; John Kwong, DPW.
PUBLIC COMMENT: Frank LeClerc spoke in favor of the appellant.
(7) APPEAL NO. 09-110
LOUISE LAM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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238 Teddy Avenue.
Appealing the imposition of penalty on Sept. 29, 2009, for construction work done without a permit.
APPLICATION NO. 2009/09/24/7616.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to continue this matter to February 10, 2010, with the public hearing held and closed, to allow time for the parties to submit additional documents.
SPEAKERS: Laurence Kornfield, DBI; Jason Young, agent for appellant.
PUBLIC COMMENT: None.
(8) APPEAL NO. 09-045
MURKELLEY LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2516-2524 Mission Street.
Appealing a Notice of Violation /Penalty /Denial of Referral to Director dated April 24, 2009, regarding the operation of a rooftop restaurant and bar at the subject property, in violation of Planning Code.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4-1 (Commissioner Mandelman dissented) to continue this matter to February 10, 2010.
SPEAKERS: Craig Nikitas, PD; Brett Gladstone, attorney for appellant; Lisa Johnson, agent for appellant; Rodolfo Manzo, agent for appellant; Scott Sanchez, PD.
PUBLIC COMMENT: The following people spoke in support of the appellant: James Durfee, Joel Goodrich, Susanna Dunlap, Mireille Schwraz, Sam Barrison, Mark Calvano, Kathleen Kimura, Elliot Beckelman, Nat Santos, Rita Alviar, Sebastian Tamblin, Alfredo Pedroza, Barbara Lopez, Hallah Hijazi, Miguel Bustos, Fr. David Lowell, Roberto Hernandez, Philip Lesser, Alana Merkoff, James Gallagher, Ken Dean, Vicky Riga, Melissa Guino, David Gonzales, Wanda Whittaker, Michael Musler, Rob Black, Bernard Bogee, Dirk Johnson, Jean-Paul Samaha, Nina Jonasor, Eric Aguello, Laurel Nuniz, Eloise Bates, Jerry Agosta and Warren Schweier.
The following people spoke in support of the Zoning Administrator: Eyal Haim, Kica Gazmuri, Viveka Chen, Will Coertnik, Dawn Pavli, Elaine Ward, Nancy Anding, Pete Humphrey, Ethan Davidson, Annie Chen, Ricardo Resoluti and Rachel Kahn.
(9) APPEAL NO. 09-106
GAIL McMAHON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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22 Scott Alley.
Protesting the issuance on Sept. 15, 2009, to Chen Yuling & Phil Richardson, Permit to Alter a Building (re-level; inject grout beneath south end of building; according to spec’s of Geo Grout).
APPLICATION NO. 2009/09/15/6806.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-2 (Vice President Peterson and Commissioner Goh dissented) to deny the appeal and uphold the permit.
SPEAKERS: Gail McMahon, appellant; Rachel Abraham-Pollard, agent for permit holder; Curtis Jensen, agent for permit holder; Phil Richardson, permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: Jim Wiley spoke in support of the permit holder.
(10) APPEAL NO. 09-111
JOHN HORN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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600 Lakeview Avenue.
Protesting the issuance on Sept. 28, 2009, to Abraham Lu, Permit to Alter a Building (repair fire damaged three-story, single-family dwelling; gypsum board at property line wall; add insulation; repair stair from front door to side garage; add toilet in 2nd floor living room; add rear deck.
APPLICATION NO. 2009/09/25/7684.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 4-1 (President Fung dissented) to grant the appeal and uphold the permit on the condition that the deck be reduced from 8’x12’ to 6’x12’.
SPEAKERS: John Horn, appellant; Abraham Lu, permit holder.
PUBLIC COMMENT: None.
(11) APPEAL NO. 09-112
SONIA SZTEJNKLAPER
BENJAMIN BELL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1200 Dolores Street.
Protesting the issuance on Oct. 7, 2009, to John Ried, Permit to Alter a Building (comply with NOV No. 200923045; build and shingle canopy over existing side walkway and doorway.
APPLICATION NO. 2009/10/07/8488.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 3-2 (Vice President Peterson and Commissioner Garcia dissented) to grant the appeal and revoke the permit. With four votes needed, this motion failed. Upon further motion by Commissioner Goh, the Board voted 4-1 (Vice President Peterson dissented) to grant the appeal and uphold the permit on the condition that the front edge of the canopy be aligned with the face of appellant’s building.0
SPEAKERS: Benjamin Bell, appellant; John Ried, permit holder; Scott Sanchez, PD.
PUBLIC COMMENT: None.
(12) APPEAL NO. 09-114
KATHY EDWARDS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1020 Francisco Street.
Protesting the issuance on Sept. 28, 2009, to Sonja & Kevin O’Brien, Permit to Alter a Building (install 10’ high wood fence along property line at portion of rear west side of property; approx. dimensions of new fence are 10’ high X 30’ long).
APPLICATION NO. 2009/09/15/6866.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia the Board Voted 5-0 to grant the appeal and uphold the permit on the condition that the gate be reconstructed to swing inward toward the permit holder’s property instead of outward toward the appellant’s property.
SPEAKERS: Kathy Edwards, appellant; Sonja Moelleken O’Brien; permit holder; Mark Barbagelata, agent for permit holder; Scott Sanchez, PD.
PUBLIC COMMENT: Gloria Rogan spoke in support of the appellant.
(13) APPEAL NO. 09-115
GREGORY ERLACH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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395 Athens Street.
Protesting the issuance on Sept. 28, 2009, to Raymond Feng, Permit to Erect a Building (four-story, two-unit residential building with 1,470sf of ground floor area).
APPLICATION NO. 2003/12/24/3005S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5-0 to deny the appeal and uphold the permit.
SPEAKERS: Gregory Erlach, appellant; Lily Chan, permit holder; Augustin Fallay, agent for permit holder; Scott Sanchez PD.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 1:00 a.m.
