2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 6, 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.
Thomas Owen, Deputy City Attorney, Office of the City Attorney, (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Carla Short, Urban Forester, Department of Public of Works/Bureau of Urban Forestry (DPW/BUF); Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant; and Manuel Payes, Typist Clerk; Easteller Bruihl, Official Court Reporter.
(1) PUBLIC COMMENT:
|
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.
|
SPEAKERS: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None:
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
No specific subject property. Determination issued by the Zoning Administrator on May 15, 2006. Last day to appeal was May 30, 2006. Jurisdiction request received on February 8, 2007. Letter from Douglas Loranger, David Tornheim, and San Francisco Neighborhood Antenna-Free Union (SNAFU), requestors, asking that the Board take jurisdiction over a ZA determination regarding whether certain types of wireless telecommunication facilities qualify as accessory uses under the Planning Code. Determination Holder: T-Mobile – Omnipoint.
|
ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to reschedule the matter to 08/01/07, at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3b) REHEARING REQUEST:
|
Subject property at 1801-1813 Fulton Street. Letter from Vladamir Gammer, appellant, requesting rehearing of Appeal No. 06-189, decided January 31, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to uphold the subject permit. Permit Holder: T-Mobile Omnipoint. Project: on multi-unit apartment building, installation of new micro-cell panel antenna enclosed within a faux vent; installation of associated equipment and necessary cabling/cable trays; no new batteries; BPA No. 2006/03/21/7213.
|
ACTION: Upon motion by President Knox, the Board voted 5 – 0 to reschedule the matter to 08/01/07, at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 1675 – 11th Avenue. Permit issued on February 1, 2007. Last day to appeal was February 16, 2007. Jurisdiction request received May 4, 2007. Letter from Rose Tom-Tsai, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2004/06/15/6478S. Permit Holder: James Chan. Project: horizontal and vertical addition while adding 2nd dwelling unit.
|
ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to 06/20/07, at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3d) REHEARING REQUEST:
|
Subject property at 172-174 – 21st Avenue. Letter from Joel Tomei, appellant, requesting rehearing of Appeal No. 07-025, decided May 2, 2007. At that time, upon motion by Commissioner Albright, the Board voted 5-0 to uphold the subject permit on condition that the permit scope be modified so as to legalize the as-built condition, and with a Notice of Special Restrictions (NSR) to be recorded on the land records by the subject property owner (SPO) which states that the as-built condition may remain so long as the disabled resident (sister of SPO) lives at the subject property.
|
ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to deny the request for rehearing.
SPEAKERS: Joel Tomei, Appellant; Nancy Wold, Permit Holder.
PUBLIC COMMENT: None.
(3e) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 2576-2580 Washington Street. Permit issued on April 23, 2007. Last day to appeal was May 8, 2007. Jurisdiction request received May 14, 2007. Letter from David Ruth, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/04/05/8119. Permit Holder: Jean Seto. Project: on 12-unit apartment building, units 4, 5, & 6 in building 2576; sections of wall and ceiling to be opened for electrical upgrade; plumbing work as needed; replace light fixtures; repair lath and plaster. Note: Appeal 07-066, same subject property and same permit, was filed on May 7, 2007by another tenant, Giuliana Rende; this appeal is scheduled for hearing on August 1, 2007.
|
ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to continue the matter to 06/13/07, with the public hearing closed, and to allow time for parties to negotiate a settlement.
SPEAKERS: David Ruth, Requestor, Joseph Sacramento, Attorney for Permit Holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07- 013
|
KEVIN ROMANKO & STEVE FUNG, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
|
114 Chattanooga Street.
Appealing the denial on January 31, 2007, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 176,671.
PUBLIC HEARINGS HELD & CLOSED ON APRIL 4, 2007, & MAY 9, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow appellants time to submit additional information pursuant to the Board’s comments.
|
ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to overrule the denial and to grant the permit with the following condition: a) that a 36 inch box tree be planted at the subject property; and b) that two 24 Inch boxes trees be planted in front of the St. James Elementary School on Fair Oaks Street, with said trees to be paid for by the Appellants.
SPEAKERS: Kevin Romanko and Steve Fung, Appellants; Carla Short, DPW/BUF.
PUBLIC COMMENT: None.
(5) APPEAL NO. 07- 023
|
JOYCE GERI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
3321 Anza Street.
Protesting the issuance on February 22, 2007, to Nian Cun Lao, Site Permit to Alter a Building (on single-family house: vertical and horizontal addition; interior remodel).
APPLICATION NO. 2005/03/24/8272S.
PUBLIC HEARING HELD & CLOSED ON MAY 2, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for permit holder to submit revised plans pursuant to the Board’s comments.
|
ACTION: Upon motion by President Knox, the Board voted 5 – 0 to uphold the permit with revised plans dated 05/25/07, and on condition that the Permit Holder provide mechanical ventilation for the bathrooms that open to the light-well on the east side.
SPEAKERS: Joyce Cheng, Agent for Permit Holder; Joyce Geri, Appellant; Tina Tam, PD.
PUBLIC COMMENT: None.
(6) APPEAL NO. 07- 038
|
POLLY CHAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
320 Quintara Street.
Appealing the imposition of penalty on March 22, 2007, for work done without a permit (on single-family house: living space on ground floor to revert to storage room; legalize powder room; remove closet; and close door and window).
APPLICATION NO. 2007/01/25/2624.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to reduce the penalty to two times the regular fee.
SPEAKERS: Poly Chan, Appellant; Laurence Kornfield, DBI;
PUBLIC COMMENT: None.
(7) APPEAL NO. 06-202
|
JEFFREY KRAMER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
591-599 Guerrero Street.
Protesting the issuance on December 21, 2006, to Omnipoint – T-Mobile, Permit to Alter a Building (installation of new microcell panel antenna enclosed within new false vent; installation of associated equipment).
APPLICATION NO. 2006/05/19/2075.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to 08/01/07 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 07- 017
|
PERRY CHIA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
2462 – 27th Avenue.
Protesting the issuance on January 31, 2007, to Peter & Delly Wong, Site Permit to Alter a Building (on single-family house: add 3rd floor with 3 rooms and 2 bathrooms, new dining room, kitchen and exercise room; miscellaneous interior remodeling).
APPLICATION NO.2005/10/14/5610S.
FOR HEARING TODAY. Note: Matter continued from May 16, 2007pending resolution of CEQA appeal at the Board of Supervisors.
|
ACTION: Upon motion by President Knox, the Board voted 5 – 0 to reschedule the matter to 07/11/07, pending outcome of CEQA Appeal at the Board of Supervisors.
SPEAKERS: Perry Chia, Appellant; Delly Wong, Permit Holder.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07- 033
|
FAKHRI SWEIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
|
555 Haight Street.
Appealing the denial on March 16, 2007, of Permit to Alter a Building (per NOV Nos. 200006795 and 200338750 given by Housing Inspection Division; illegal conversion of four dwelling units into group housing).
APPLICATION NO. 2006/03/03/5979.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Haaland, the Board voted 2 -3 (Commissioners Fung and Albright, Vice President Garcia dissented) to continue the mater one month. The motion failed.
ACTION: Afterwards motion by Vice President Garcia, the Board voted 4 – 1 (Commissioner Haaland dissented) to uphold the denial.
SPEAKERS: Tina Tam, PD; Gabriel Levine, Attorney for Appellant; Fakhri Sweis, Appellant; Ilene Dick, Attorney for §14 Party; Laurence Kornfield, DBI.
PUBLIC COMMENT: Bill Maher spoke in favor of the PC and said the area has murders and drug dealing and 40 tenants is far too many.
Todd Barber spoke for Appellant and said many crimes in the Lower Haight are not from this hotel.
Regina Dick-Endrizzi spoke for PC and said Supervisor Mirkarimi supports the Commission and neighbors.
Tim Brannon said that he has been a tenant for years and is very satisfied.
Chris Moore said the problem is uncontrollable behavior.
Maurice Mogannam said that he has lived there for three months because he doesn’t like to live alone.
Rochelle McCune asked the Board to enforce the Law.
Betty Nigam said that she is a manager and described security measures as usual.
Michael Alderete for PC said the hotel is good for him as a cardiac patient.
Pamela Newman said Fakhri helps people, neighbors, and creates security for tenants.
Theodore Waite said that he has a great admiration for the owner.
Jessy Standing Bear said the owner has a heart for people who are hurting.
Matthew Bailey spoke in favor of the Appellant.
Deborah Hof said that she calls the Appellant every night because of the noise and disturbances in the hotel.
(10) APPEAL NO. 07- 039
|
DEREK THOMPSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
|
2406 Bush Street.
Appealing the denial on March 23, 2007, of Permit to Alter a Building (on single-family house: partially comply with BID NOV; legalize two decks replaced without permit; replace existing property line window; lower deck is less than 36 inches from grade and conforms with Planning Code § 136; upper deck is within required rear yard).
APPLICATION NO. 2005/06/14/5091.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to uphold the denial.
SPEAKERS: Tina Tam, PD; Laurence Kornfield, DBI; Derek Thompson, Appellant.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Knox adjourned the meeting at 8:25 p.m.
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter
