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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 18, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Vice President Frank Fung, Commissioner Michael Garcia, and Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Lawrence Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
ABSENT: Commissioner Katharine Albright.
(1) SPECIAL NOTE:
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The Board of Appeals will hold a Special Meeting on Wednesday, February 1 in Room 34 beginning at 5:00 PM to evaluate and possibly propose revisions to the Rules of the Board of Appeals (effective Feb 1, 2002). The Board invites written comments on, or proposed revisions to, the Board Rules in advance of the Special Meeting. Letters can be mailed or hand delivered to the Board office, 1660 Mission Street, Room 3036, San Francisco, CA, 94103; facsimiles can be sent to 415-575-6885; and emails can be sent to Robert.Feldman@sfgov.org or Victor.Pacheco@sfgov.org.
Written comments submitted by 4:00 pm Thursday, Jan. 26, 2006 will be included in the Board's meeting packets.
The current Rules of the Board of Appeals (effective Feb 1, 2002) are posted on the Board website at www.sfgov.org/boa (click on link entitled “About”). Copies are also available at the Board office.
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SPEAKERS: None.
(2) 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: Joe O’Donoghue.
(3) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Taxi medallion no. 436. Letter from Hayward Wong, appellant(s), requesting rehearing of Appeal No(s). 05-179, Wong vs. TC, decided December 14, 2005. At that time, upon motion by President Sugaya, the Board voted 5-0 to uphold the suspension of the subject taxi medallion.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-1-1 (President Sugaya dissented, Commissioner Albright absent) to continue the matter to Feb. 8, 2006.
SPEAKERS: Jim Gillespie, agent for appellant; Heidi Machen, Taxi Commission.
(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1375 Harrison Street. Permits issued on November 14, 2005. Last day to appeal was November 29, 2005. Jurisdiction request received on December 22, 2005. Letter from Jim Mannix, asking that the Board take jurisdiction over Building Permit Application No(s). 2005/11/14/2952. Permit Holder(s): Jon Coates. Project: on 4-unit live/work building, install vinyl siding.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to deny the jurisdiction request.
SPEAKERS: Jim Mannix, requestor; Jon Coates, permit holder; Laurence Kornfield, DBI; Lawrence Badiner, ZA.
ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. V05-175
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JOHN BRENNAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1420 Haight Street.
Protesting the granting on October 13, 2005, to Mehran Esmaili, Rear Yard & Non-Complying Structure Variances (stair penthouse and elevator mechanical equipment constructed without permits at the rear of the roof of the subject building).
VARIANCE CASE NO. 2004.1203V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the variance and adopt the ZA’s findings.
(5B) APPEAL NO. 05-194
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MEHRAN ESMAILI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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1420 Haight Street.
Appealing the denial on November 8, 2005, of Permit to Alter a Building (on 2-story retail building: revision; due to construction error, elevator cab floor plan has been revised (reduced to fit within structural constraints of B.P.A. No. 2003/04/21/2757)).
APPLICATION NO. 2003/12/24/3024.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to overrule the denial, and grant the permit with a finding that the project is code compliant with the variance (no. 2004.1203V).
SPEAKERS: Mark Brennan, attorney for appellant; David Levy, attorney for subject property owner; Lawrence Badiner, ZA; Jonas Ionin, PD; Joe O’Donoghue, and Andrew Smith, for Planning Commission; Howard Chabner, Michael Ghadieh, Ted Loewenberg, and Jim Maxwell, for appellant; Laurence Kornfield, DBI.
(6) APPEAL NO. 05-191
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STEVE & JESSICA WYNNE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1824 Baker Street.
Appealing a determination dated October 28, 2005, addressed to Jeremy Paul, that the legal use of the subject building is seven dwelling units.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Albright absent) to reschedule the matter to Feb. 8, 2006.
SPEAKERS: Jeremy Paul, agent for appellant.
(7) APPEAL NO. 05-193
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ARZA TRUST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2646 Hyde Street.
Protesting the issuance on October 27, 2005, to Marla McGowan, Permit to Alter a Building (on 2 –unit building: replace stairs at rear of building – in kind).
APPLICATION NO. 2005/07/15/7691.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the permit.
SPEAKERS: Stephen Williams, attorney for appellant; Jeremy Paul, agent for permit holder; Philip Fernandez, co-owner of subject property; Laurence Kornfield, DBI; Lawrence Badiner, ZA.
(8) APPEAL NO. 05-196
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CHEUK YEUNG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: DAVID & LORRAINE BLEIMAN
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231 Ortega Street.
Appealing the denial on November 29, 2005, of Site Permit to Alter a Building (on single-family house: construct 3-story addition to rear of existing 2-story building).
APPLICATION NO. 2004/10/05/6033S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Albright absent) to continue the matter to March 15, 2006, with the public hearing closed, and with revised plans to be submitted.
SPEAKERS: Lawrence Badiner, ZA; Cheuk Yeung, appellant; Sue Hestor, attorney for Sec. 14 Party; Hugh Conroy, for Planning Commission; Laurence Kornfield, DBI.
(9) APPEAL NO. 05-198
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BARBARA JEAN GRATTA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1469 Hudson Avenue.
Appealing an Alcoholic Beverage Control (ABC) Permit Zoning Referral, dated November 29, 2005, which states that the proposed wine making operation at the subject property does not fall within a permitted use category in residential districts, nor does it meet criteria as an accessory use under the Planning Code.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to overrule the ABC Permit Zoning Referral, with a finding that the proposed use is an accessory use so long as the wine production does not exceed 200 bottles per year.
SPEAKERS: Lawrence Badiner, ZA; Barbara Gratta, appellant.
(10) APPEAL NO. 05-199
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ANGELA ALIOTO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2604 Pacific Avenue.
Protesting the issuance on December 5, 2005, to John Tozzi, Site Permit to Alter a Building (on single-family house: enclose a ground floor space below an existing deck at the rear of the house; new arbor and bay window).
APPLICATION NO. 2004/10/27/1817S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the permit.
SPEAKERS: Joe Alioto Veronese, attorney for appellant; Max Stern, attorney for permit holder.
(11) APPEAL NO. 05-202
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JOHN TYNAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1960, 1980-1998 Golden Gate Avenue.
Protesting the issuance on November 23, 2005, to Prana Eight Properties LLC, Permit to Alter a Building (on 12-unit apartment building: response to NOV No. 200338880; remove 2 illegal ground floor dwelling units; remove defective bathroom on 1st floor; remove existing defective rear exit stair and deck; provide new required exit with fire-escape per “local equivalency”; provide new kitchen and bathroom for existing 4th floor apartments).
APPLICATION NO. 2003/12/02/1446.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Commissioner Albright absent) to reschedule the matter to Feb. 8, 2006 at the request of the parties.
SPEAKERS: None.
There being no further business, President Sugaya adjourned the meeting at 9:20 p.m.
________________________________
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – JANUARY 18, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: None.
(2) PUBLIC COMMENT: Joe O’Donoghue said that his organization (RBA) was not the appellant in the recent appeal of the Waller Street case.
(3) PUBLIC COMMENT: None.
(4a/b) PUBLIC COMMENT: None.
(5a/b) PUBLIC COMMENT: Joe O’Donoghue said attorney for Mr. Ismaili is disingenuous and asked the Board to support Mr. Brennan.
Howard Chabner said Mr. Ismaili’s shop was an excellent example of accessibility and asked the Board to support Mr. Ismaili.
Michael Ghadieh said Mr. Brennan’s opposition to shop is a waste of time and money and he is in support of Mr. Ismaili.
Ted Loewenberg spoke Haight Street organizations for Ismaili.
Jim Maxwell for district merchants associations said Commission denial was punitive and wrong for mere infractions of technicalities and some in Haight in support of Ismaili are afraid to speak for fear of retaliation.
Andrew Smith, builder and small business owner said Ismaili abused the process and punishment will send a message for Mr. Brennan.
(6) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: None.
(8) PUBLIC COMMENT: Hugh Conroy spoke for Commission and against appellant because proposal is out of scale with neighbors’ properties.
(9) PUBLIC COMMENT: None.
(10) PUBLIC COMMENT: None.
(11) PUBLIC COMMENT: None.
