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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 16, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Tanya Peterson, 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 Inspector (DBI); Tina Tam, Senior Planner, Planning Department (DP); Victor Pacheco, Interim Dept. Head; 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: None
(2) COMMMISSIONERS COMMENTS & QUESTIONS: .
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
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Subject property at 770 - 18th Avenue. Appeal No. 08-049, Lei vs. DBI, PCD, decided June 18, 2008. At that time, upon motion by President Garcia, the Board voted 4-0 to overrule the denial, and grant the permit with the following conditions: a) that an interconnected stairway be provided between the ground floor and second floor; b) that the full bath be changed to ½ bath at the ground floor; and c) that the exit from the ground floor to the street be eliminated; and with adoption of findings at a later date.
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ACTION: Upon motion by Commissioner Peterson, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to adopt the findings as prepared by the Office of the City Attorney with no changes.
SPEAKERS: Daniel Frattin, attorney for appellant; Tina Tam, PD.
PUBLIC COMMENT: Ailene Coffino and Elena Rogan spoke in favor of the Planning Commission.
(5) APPEAL NO. 07-152
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SHUFEN WU & YUPING MEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1734-1740 Mason Street.
Protesting the issuance on August 23, 2007, to Quan/Mason Family Ltd. Partnership, Permit to Alter a Building (on seven-unit apartment building: renewal of BPA No. 2005/11/03/7384 – revert illegal unit in basement to storage and ½ bath; no wet bar).
APPLICATION NO. 2007/08/23/0753.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 -0 to continue the matter to July 2009, with status reports from the parties due at that time.
SPEAKERS:: Shufen Wu, appellant (speaking through translator Dorothy Wong); Bill Quan, agent for permit holder; Tina Tam, PD; Laurence Konrfield, DBI.
PUBLIC COMMENT: None.
(6) APPEAL NO. 08-042
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LYNNE LOVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1559 – 23rd Avenue.
Protesting the issuance on March 11, 2008, to Lawrence Choy, Permit to Alter a Building (remodel existing kitchen and bathrooms at 2nd floor; two new bedrooms and two toilet rooms, and one storage room to be constructed at ground floor; replace beams; new rear deck attached to building at 2nd floor).
APPLICATION NO. 2008/03/06/6499.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to uphold the permit on condition: that a non-transparent rail be applied to that portion of the deck railing that adjoins the appellant’s property and that said rail be 6 feet tall.
SPEAKERS: Summer Bei, attorney for appellant; Lynne Love, appellant; permit holder did not appear.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-048
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AUGUSTINE FALLAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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337 – 28th Avenue.
Protesting the issuance on March 26, 2008, of Permit to Alter a Building (comply with BID NOV No. 200343967; legalize work performed without permit including demolition of fourth floor penthouse less 10’ X 20’ and three story structure at south side, construction of replacement fourth story less 25’ X 35’, structural upgrades including foundation replacement, and new electrical and plumbing).
APPLICATION NO. 2006/06/27/5202.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 1 (Commissioner Goh dissented) to uphold the permit.
SPEAKERS: Augustine Fallay, appellant; Michael Betz, attorney for permit holder; Jonas Ionin, PD.
PUBLIC COMMENT: Milton Tong and Tony Fu spoke in favor of the permit holder.
(8) APPEAL NO. 08-061
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RICKEY BATES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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254 Beverly Street.
Protesting the issuance on February 4, 2008, to Robert Char, Permit to Alter a Building (legalize existing family room, one bedroom, one full bath and storage room on ground floor; add one full bath in existing family room area).
APPLICATION NO. 2008/02/04/3869.
JURISDICTION GRANTED APRIL 9, 2008.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to reschedule the matter to 9/17/08.
SPEAKERS: Michael Hall, attorney for appellant; Steven MacDonald, attorney for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-062
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HEAVEN MINI THEATER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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483 Broadway aka 1054 Kearny Street.
Appealing a Notice of Violation dated April 14, 2008, regarding the establishment of a non-authorized adult entertainment use at the second story of the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to uphold the Notice of Violation.
SPEAKERS: Tina Tam, PD; Jim Dudley, SFPD; Ed Del Carlo, SFPD; appellant did not appear.
PUBLIC COMMENT: Karl Pleskot spoke in favor of the Zoning Administrator.
ADJOURNMENT.
There being no further Business, President Garcia adjourned the meeting at 7:50 pm.
