2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, OCTOBER 11, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Tina Tam, Senior Planner, Planning Department (PD); Ron Tom, 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.
(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) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 1590 Bryant Street. Letter from Mary Murphy, attorney for Sports Basement, appellant, requesting rehearing of Appeal No. 06-110, Sports Basement vs. ZA, decided September 13, 2006. At that time, upon motion by Commissioner Haaland, the Board voted 5-0 to uphold the determination (concerning a proposal at the subject property for a 54,000 gross square foot Sports Basement store (retail sales and services facility)).
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5-0 to grant the rehearing request, and to set the rehearing for November 8, 2006.
SPEAKERS: Mary Murphy, attorney for appellant; Tina Tam, PD.
(3b) REHEARING REQUEST:
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Subject property at 1399 – 43rd Avenue. Letter from Erica Zweig, appellant, requesting rehearing of Appeal No. 06-113, Zweig vs. DBI, PDA, decided September 20, 2006. At that time, upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to uphold the subject permit. Permit Holder: Omnipoint – T-Mobile. Project: on a church, installation of micro-cellular antennae on south side, top of chimney, which will be concealed by an RF transparent box; repaint entire chimney and screening box to match main building; installation of micro-cell equipment cabinets on north facing wall behind chimney; power PPC cabinet and TELCO cabinet on south facing wall adjacent to micro-cell cabinets; construct wood enclosure to secure and conceal cabinets; install wiring and cable tray, painted to match, from equipment cabinets to antennae; BPA No. 2005/09/30/4424.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to deny the rehearing request.
SPEAKERS: Douglas Jacuzzi, agent for appellant; Paul Albritton, attorney for permit holder.
PUBLIC COMMENT: None.
(3c) 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 Fung, the Board voted 5-0 to reschedule the matter to November 15, 2006 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) APPEAL NO. 06-127
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AT&T CALIFORNIA, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREE-USE & MAPPING,
Respondent
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101 Junipero Serra Blvd.
Appealing the denial on August 4, 2006, of Surface Mounted Facility Permit.
HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to reschedule the matter to November 15, 2006 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-128
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AT&T CALIFORNIA, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREE-USE & MAPPING,
Respondent
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1997 Buchanan Street.
Appealing the denial on August 4, 2006, of Surface Mounted Facility Permit.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to reschedule the matter to November 15, 2006 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 06-115
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MAYA HOVEY,
JOSE & JULIA DOMINGUEZ,
MARTA DOMINGUEZ,
MELESIO & MARIA SANTIAGO,
MILTON & MARINA GIRON,
FLORENZIO & CELIA CARREON,
SALVADOR & GUILLERMINA RODRIGUEZ,
JOSE ESTRADA, ISABEL MACALL,
CARLOS PAZ, TOMASA PAZ, ERNESTO
& MARICELLA ACEVES, and BENJAMIN
& ELIZABETH HENRIQUEZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1468 Folsom Street.
Protesting the issuance on July 24, 2006, to Hanford Freund & Co., Permit to Alter a Building (on multi-unit apt. building: selective demolition in units 3, 6, 7, and 12 to perform mold abatement; install new sheet rock (replacement in kind) as required).
APPLICATION NO. 2006/07/24/7385.
FOR HEARING TODAY.
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ACTION: Withdrawn by Appellants.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. 06-119
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CATHERINE WATT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1520 Monterey Blvd.
Protesting the issuance on August 1, 2006, to Thomas & Audry Yi, Site Permit to Alter a Building (enlarge garage to 460sf).
APPLICATION NO. 2005/10/05/4878S.
FOR HEARING TODAY.
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ACTION: Upon motion by President. Fung, the Board voted 5-0 to uphold the permit.
SPEAKERS: James Watt, husband of appellant; Shannon Devine, agent for permit holder; Ron Tom, DBI; Thomas Yi, permit holder.
PUBLIC COMMENT: None.
(8) APPEAL NO. 06-123
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MATTHEW SUM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1767 – 34th Avenue.
Protesting the issuance on August 2, 2006, to Miguel Puente, Permit to Alter a Building (on single-family house: install rear deck at 36” above grade; abate NOV No. 200669303).
APPLICATION NO. 2006/08/02/8388.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice-President Knox, the Board voted 5-0 to continue the matter to November 15, 2006, with the public hearing closed, and for DBI to retrieve the approved plans from microfilm.
SPEAKERS: Matthew Sum, appellant; Mary Puente, agent for permit holder; Tina Tam, PD; Ron Tom, DBI.
PUBLIC COMMENT: Enessa Rezig said owners could have let them know about project because there may be a privacy issue. She is concerned about the owner meeting the conditions of approval. The deck is wonderful but she wants it to meet the Code.
(9) APPEAL NO. 06-124
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KHALED DAJANI, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1302-1306 Fulton Street.
Appealing a determination dated August 1, 2006, addressed to Brett Gladstone, regarding the reinstatement of an inactive/dormant Alcohol Beverage Control (ABC) License Type 20 (Off-Sale Beer & Wine) in the Divisadero Street Alcohol Restricted Use District.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5-0 to overrule the ZA determination with findings and conditions to be adopted on October 25, 2006.
SPEAKERS: Tina Tam, PD; Khaled Dajani, appellant; Brett Gladstone, attorney for appellant.
PUBLIC COMMENT: Michaela Griner, an employee of the appellant said that he is a good employer and that the request will improve a business that is a benefit to the neighborhood.
Rita Kuettel, a customer said she supports Khaled and Mesa, and she would like them to also open a coffee shop, which would be another benefit to the neighborhood.
(10) APPEAL NO. 06-125
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JEREMY PAUL, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Determination Holder(s): DAVID PETERSON
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600 Fillmore Street.
Appealing a determination dated August 2, 2006, addressed to David Peterson, regarding a proposed Laundromat as a Limited Commercial Use on the ground floor of the subject property.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(11) APPEAL NO. 06-126
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BETH BRILL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3536 Sacramento Street.
Protesting the issuance on August 8, 2006, to Don Shinazyent, Permit to Alter a Building (installation of automotive spray paint booth with heated air make-up system).
APPLICATION NO. 2006/04/20/9455.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to uphold the permit.
SPEAKERS: Eric Brill, agent/husband for appellant; Beth Brill, appellant; Don Shinazy, permit holder; Bob Prior, agent for permit holder; Ron Tom, DBI.
PUBLIC COMMENT: None.
There being no further business, President Fung adjourned the meeting at 8:15 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
