2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 25, 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.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Spencer Gosch, Senior Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Carla Short, Urban Forester, Dept. of Public Works Bureau of Urban Forestry (DPW BUF); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; 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) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the Feb. 18, 2009 and March 4, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to adopt the Feb. 18, 2009 and March 4, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST:
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Subject property at 101 Frederick Street. Letter from Joyce Nardone, Lynn Morgan, Patrick Gaffney and Beth Wilson, requestors, asking that the Board take jurisdiction over BPA No. 2009/02/03/1315, which was issued on Feb. 4, 2009, and for which the appeal period lapsed on Feb. 19, 2009. Permit Holder: Thomas Mitchell. Project: in all units relocate kitchen to dining area; convert kitchen to bedrooms; replace shower pans; rebuild rear stair in kind; repair dry rot damage to exterior wall.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to grant the jurisdiction request.
SPEAKERS: Joyce Nardone, co-requestor; John Champlin, co-requestor; Thomas Mitchell, permit holder; Spencer Gosch, DBI.
PUBLIC COMMENT: None.
(4b) ADOPTION OF FINDINGS:
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Subject property at 365 Fulton Street. Appeal No. 08-183, Keeling vs. DBI, RAA, decided Feb. 11, 2009. At that time, the Board voted 5-0 to uphold the subject permit on condition that a good neighbor plan be adopted regarding communications and maintenance, and with adoption of findings at a later time. Permit Holder: Mercy Housing. Project: construct a five-story, 120 unit residential /retail building with 13,286sf of ground floor area; BPA No. 2008/07/11/6520S.
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ACTION: Upon motion by President Fung, the Board voted 3 – 2 (Vice President Peterson and Commissioner Goh dissented) to deny Appellant’s rescheduling request. Afterwards, upon motion by Commissioner Garcia, the Board voted 5 – 0 to adopt the findings with amended good neighbor policies.
SPEAKERS: Michelle Hildebrand, agent for appellant; Jeff Kositsky, agent for permit holder; Olson Lee, Redevelopment Agency (RA); Steven Vettel, attorney for permit holder; Jim Morales, RA; Scott Sanchez, PD.
PUBLIC COMMENT: None.
(4c) ADOPTION OF FINDINGS:
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Subject property at 1581 Bush Street& 1450 Franklin Street. Appeal Nos. 08-188/189, San FranciscoArchitectural Heritage vs. DBI, RAA, decided Feb. 18, 2009. At that time, the Board voted 3-2 (Commissioners Goh and Mandelman dissented) to uphold both permits with adoption of findings at a later time, and on condition that there be ten (10) affordable units. Four votes being required under the City Charter to impose conditions on a departmental action, the permits were upheld with no conditions. Permit Holder: Pacific Heights Franklin Partners LLC. Project: demolish a two-story auto sales/service building with 12,000sf of ground floor area (BPA No. 2008/09/25/2656), and construct a 13-story, 69-unit residential/commercial building with 12,000sf of ground floor area (BPA No. 2008/09/25/2660S).
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to April 15, 2009.
SPEAKERS: Jack Gold, agent for appellant; David Silverman, attorney for permit holder.
PUBLIC COMMENT: None.
(5) APPEAL NO. 09-002
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NICK SHOMAN
dba “CHARLIE’S DRUG STORE”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1101 Fillmore Street.
Appealing the suspension of a Tobacco Sales Permit, imposed on Dec. 23, 2008, for violation of § 1009.92 of the Health Code.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue the matter to Call of the Chair.
SPEAKERS: Aleeta Van Runkle, DPH; Nick Shoman, appellant.
PUBLIC COMMENT: The following people spoke in favor of the appellant: Pat Jury, Diane Butler, and Vearnita Morrison.
(6) APPEAL NO. 09-009
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BRIDGE HOUSING, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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3575 Geary Blvd.
Appealing the conditions placed on a Tree Removal Permit.
ORDER NO. 177,774.
JURISDICTION GRANTED JAN. 14, 2009.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to uphold the permit, to strike the current conditions, and with the following conditions: that six (6) 48” box trees be planted, and that the appellant pay an in-lieu fee of $14,480.28.
SPEAKERS: Carla Short, DPW BUF.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-178
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NANCY PANNOS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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940 Cayuga Avenue.
Protesting the issuance on Nov. 12, 2008, to William Tong, Permit to Alter a Building (comply with NOV No. 200846653 to legalize existing rear deck at 2nd floor; revision to approved BPA No. 2008/07/17/6920; reconfigure kitchen, dining and bedroom layout at 2nd floor; repair front stair).
APPLICATION NO. 2008/11/10/6249.
PUBLIC HEARING HELD AND CLOSED ON FEB. 4, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the permit holder to confer with DBI and submit revised plans pursuant to the Board’s comments.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 - 0 to uphold the permit on the condition that there be no firewall extending beyond the rear of the building.
SPEAKERS: William Tong, permit holder; Nancy Pannos, appellant; Scott Sanchez, PD; Spencer Gosch, DBI.
PUBLIC COMMENT: David Hooper spoke in favor of the appellant.
(8) APPEAL NO. 08-194
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REAGAN LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2475 – 17th Avenue.
Protesting the issuance on Dec. 8, 2008, to Owen Guan, Permit to Alter a Building (construct one-story rear stairs at rear of existing building; alteration to existing ground floor to add two bedrooms, two full bathrooms, two storage rooms and laundry; alteration to existing 2nd floor to add two bathrooms, remodel existing two bathrooms, and re-wiring per plan).
PUBLIC HEARING HELD AND CLOSED ON MARCH 4, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for Planning Dept. staff to confer with the permit holder and re-review the project.
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ACTION: Upon motion by President Fung, the Board voted 5 - 0 to uphold the permit on the condition: (a) that an interior stair connection be provided with open rails; (b) that the front door entrance directly adjacent to the garage be eliminated; (c) that one (1) full bath be allowed on the south side of the first floor, and one (1) half bath be allowed on the north side of the first floor, and (d) that a Notice of Special Restriction be recorded that denotes the subject property is for use as a single-family home only.
SPEAKERS: Scott Sanchez, PD; Owen Guan, permit holder; Margaret Lee, wife of appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 09-004
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CANTRELL HARRIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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646-648 Madrid Street.
Appealing the imposition of penalty on Jan. 9, 2009, for construction work done without a permit.
APPLICATION NO. 2008/11/26/7409.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reduce the penalty to two times (2X) the regular fee.
SPEAKERS: Spencer Gosch, DBI; Andy Levine, agent for appellant.
PUBLIC COMMENT: None.
(10) APPEAL NO. 09-008
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GREGORY JOHNSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2614 Buchanan Street #2.
Protesting the issuance on Jan. 21, 2009, to Michael Apigian, Plumbing Permit (relocate water heater into closet; correct complaint # 200363055).
APPLICATION NO. PP2009/01/21/571.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Gregory Johnson, appellant; Chris Goodwin, agent for permit holder; Carolyn Apigian, co-permit holder; Spencer Gosch, DBI.
PUBLIC COMMENT: None.
(11) APPEAL NO. 09-010
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JOSEPH & KATHLEEN HOEGGER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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20 Burlwood Drive.
Protesting the issuance on Jan. 21, 2009, to Peter Wong, Permit to Alter a Building (install concrete retaining wall; comply with NOV No. 200882654).
APPLICATION NO. 2009/01/21/0550.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to continue the matter to May 13, 2009, with the public hearing held and closed, to allow time for the permit holder to confer with the DBI and Planning staff.
SPEAKERS: Kathleen Hoegger, co-appellant, Peter Wong, permit holder; Greg Spry, agent for permit holder; Scott Sanchez, PD; Joseph Hoegger, co-appellant; Spencer Gosch, DBI.
PUBLIC COMMENT: None.
(12) APPEAL NO. 09-012
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ALAN REVERE, NANCY BARAN,
BART KYLSTRA, JEFF WILKINSON,
STEVE SIMONS, RICHARD SERRAO,
STACY THAL, R. SAMUEL KLATCHKO, STEPHEN YI-KRAWCZYK,
& YU LING CHEN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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170-172 Clara Street.
Protesting the issuance on Jan. 16, 2009, to Fritz Schneider, Permit to Alter a Building (seismic upgrade; enclose storage, add exterior courtyard, new stair, new ADA bathroom, and new storage on level one; remove portion of level two floor, new stair, new bathroom, and new storage on level two; add skylights; new roof access with perimeter parapet).
APPLICATION NO. 2007/12/31/1629.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 3 – 2 (President Fung and Commissioner Garcia dissented) to continue the matter to June 3, 2009, with the public hearing held and closed.
SPEAKERS: Alan Revere, co-appellant; Steve Simons, co-appellant; Fritz Schneider, permit holder; Brett Gladstone, attorney for permit holder; Scott Sanchez, PD; Spencer Gosch, DBI.
PUBLIC COMMENT: The following spoke in favor of the permit holder: Catherine Becker, Joe Martin, David Moss, and Barry Beach.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 9:50 p.m.
