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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 19, 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, Interim Department 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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SPEAKER: David Pilpel.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
ACTION: Upon motion by President Knox, the Board voted 5 – 0 to cancel the January 9, 2008 meeting and to reschedule all the cases to the January 30, 2008 meeting.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 4120 – 23rd Street. Permit issued on September 23, 2005. Last day to appeal was October 11, 2005. Jurisdiction request received on September 29, 2006. Letter from Robert Call, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2002/02/25/9972. Project: horizontal addition to rear of building; construct a new garage at street level. Permit Holder: Darryl Leung.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to reschedule the matter to May 7, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2123 – 44th Avenue. Permit issued on Sept. 27, 2007. Last day to appeal was Oct. 11, 2007. Jurisdiction request received on Oct. 22, 2007. Letter from Billy Chan, agent for Victoria Ann Young, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/09/27/3858 for the purpose of filing a penalty appeal. Note: Public hearing held and closed on Nov. 7, 2008. For further consideration today. Matter continued to allow time for DBI to re-review the matter.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to grant the jurisdiction request.
SPEAKERS: Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07-183
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PATRICK TONG, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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2251 – 18th Avenue.
Appealing the denial on Sept. 19, 2007, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 176,030.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to uphold the denial.
SPEAKERS: Carla Short, DPW/BUF; Rebecca Tong, agent for appellant.
PUBLIC COMMENT: Winnie Wan spoke in favor of the appellant; Richard Tenaza and joy Maliwawa spoke in favor of the DPW/BUF.
(5) APPEAL NO. 07-127
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YUEMING WU, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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331 Clement Street.
Appealing a Notice of Violation dated July 12, 2007, addressed to Huang Family Trust, that the small self-service restaurant establishment at the subject property did not procure proper Planning Department authorization, in violation of Planning Code § 703.4.
FOR HEARING TODAY.
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ACTION: Withdrawn by Appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 07-132
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MARSHALL UNGAR
& ELIZABETH LIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2220 Castro Street.
Protesting the issuance on July 20, 2007, to David Chan, Permit to Alter a Building (on single-family house: vertical and horizontal addition).
APPLICATION NO. 2006/04/12/8740S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to February 6, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-179
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ABEL & ELIANA MALDONADO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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450 Hamilton Street.
Appealing the denial on Sept. 26, 2007, of Permit to Alter a Building (on single-family house: removal of conditions placed on BPA No. 2002/02/05/8561S as part of Appeal No. 03-140).
APPLICATION NO. 2007/06/11/3512.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to continue the matter to February 20, 2008, with the public hearing closed, and to allow time for Planning to re-view the project.
SPEAKERS: Scott Sanchez, PD; Michael Harris, agent for appellants; Dana Rivera, daughter of appellant.
PUBLIC COMMENT: Judy Schredl and Ron Marshall spoke in favor of the Planning Department.
(8) APPEAL NO. 07-180
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MTM MANAGEMENT LLC, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2440 Scott Street.
Protesting the issuance on Sept. 12, 2007, to Kevin Connors, Permit to Alter a Building (on single-family house: renovation to garage; relocate portion of load bearing wall at light well to provide larger parking area).
APPLICATION NO. 2007/09/11/2293.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07-181
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FARINA FOCACCIA
& CUCINA ITALIANA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3560 – 18th Street.
Appealing a Letter of Determination dated Sept. 14, 2007, addressed to JH Kostelni, regarding the hours of operation for outside tables and chairs at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 1 (Commissioner Fung dissented) to uphold the Letter of Determination with a modification that outside seating begin at 8:00 am Monday to Friday and 9:00 am weekends, and that outside seating be allowed until 10:00 pm on Friday and Saturday, with a finding that the subject property is in a restaurant area, and that outside seating is a privilege enjoyed by other properties in close proximity.
SPEAKERS: Scott Sanchez, PD; JH Kostelni, agent for appellant.
PUBLIC COMMENT: Martin Economou and Matt Wilson spoke in favor of the Zoning Administrator.
(10) APPEAL NO. 07-182
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RICHARD TENAZA
& EVA ALCORN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner: AIREN LEI
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770 – 18th Avenue.
Protesting a Stop Work Order Request dated Sept. 12, 2007, addressed to DBI Director Isam Hasenin, asking that BPA No. 2005/10/06/4962 be suspended because there are errors on the plot plan.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 4 – 1 (Commissioner Haaland dissented) to uphold the Zoning Administrators stop work order.
SPEAKERS: Scott Sanchez, PD; Richard Tenaza, co-appellant; Tracy Zill, attorney for subject property owner; Laurence Kornfield, DBI.
PUBLIC COMMENT: Charles Walker, Ailene Coffino, and Elena Rogan spoke in favor of the appellants.
(11) APPEAL NO. V07-184
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JERRY APPLEGATE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2473-2477 Lombard Street.
Appealing the denial on Sept. 21, 2007, of Street Frontage Variance (convert ground floor commercial space into garage for two cars).
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to overrule the denial and grant the variance with adoption of findings at a later time.
SPEAKERS: Scott Sanchez, PD; Mark Brand, agent for appellant; Jerry Applegate, appellant.
PUBLIC COMMENT: None.
(12) APPEAL NO. 07-185
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KEN ESTES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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722 Columbus Avenue.
Appealing the denial on Sept. 17, 2007, of Permit to Alter a Building (on 12-unit apartment / office building: upgrade restroom to be Title 24 compliant; and legalize existing medical cannabis dispensary use).
APPLICATION NO. 2007/02/06/3529.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to continue the matter to March 5, 2008, with the public hearing closed, and to allow time for Planning stuff and appellant to submit additional documents pursuant to the Boards’ comments.
SPEAKERS: Scott Sanchez, PD; Terrance Hallinan, attorney for appellant; Ken Estes, appellant.
PUBLIC COMMENT: Marc Bruno, Loraine McWhorter, Ron Ragusa, Jim Nikas, Brent McDonald, Tony Gantner, Alexander Kienka, Jim Marchi, and Chuck Thomas spoke in favor of the Planning Commission.
Audrey Jamison, Richard Barrett, Mike Carpenter, Joy Maliwawa, Regina King, Dayle Lawrence, Eric Davison, Marshall Guthrie, Ken Negran, Mike Cohrig, Conan Tong, J.D, Gustavo Sanchez, Kindred McCune, Arthur Wong, Matthew Praitt, and Mike Boyd spoke in favor of the appellant.
There being no further Business, President Knox Adjourned the meeting at 10:00 pm.
