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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 5, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Commissioner Frank Fung, Commissioner Randall Knox; Commissioner Robert Haaland, Commissioner Tanya Peterson.
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 Forrester, Dept. of Public Works, Bureau of Urban Forestry (DPW BUF); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; Virginia O’Rear, 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) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: The Board said goodbye to Commissioner Katharine Albright, who was replaced by Commissioner Tanya Peterson.
(3) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 2283-2297 Market Street. Letter from Ken Finney, attorney for Clear Channel Outdoor, permit holder, requesting rehearing of Appeal No. 07-075, Lee vs. DBI, PDA, decided Oct. 17, 2007, At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Fung absent) to revoke the subject permit with findings to be adopted at a later date. Permit Holder: Clear Channel Outdoor. Project: on commercial building, voluntary removal, razing and demolition of non-conforming/non-complying general advertising sign per Planning Code §§ 181(b), 188(b), and 604 (b); once commenced, demolition should be completed within a reasonable time); BPA No. 2007/05/09/0828. Note: If this Rehearing Request is granted, then Item 3b, Adoption of Findings for 07-075, shall be moot, and will not be considered by the Board.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to March 19, 2008.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3b) ADOPTION OF FINDINGS:
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Subject property at 2283-2297 Market Street. Appeal No. 07-075, Lee vs. DBI, PDA, decided Oct. 17, 2007, At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Fung absent) to revoke the subject permit with findings to be adopted at a later date. Permit Holder: Clear Channel Outdoor. Project: on commercial building, voluntary removal, razing and demolition of non-conforming/non-complying general advertising sign per Planning Code §§ 181(b), 188(b), and 604 (b); once commenced, demolition should be completed within a reasonable time); BPA No. 2007/05/09/0828.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to March 19, 2008.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3c) ADOPTION OF FINDINGS:
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Subject property at 1801 Turk Street. Appeal No. 07-128, Erkelens vs. DBI, PDA, decided Dec. 12, 2007, At that time, upon motion by Commissioner Fung, the Board voted 5-0 to revoke the subject permit with a finding that the building permit application had faulty representations, with further findings to be adopted at a later date. Permit Holder: Clear Channel Outdoor. Project: on 21-unit apartment building, voluntary removal, razing and demolition of non-conforming, non-complying general advertising sign per plans; BPA No. 2007/06/28/5493.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule the matter to March 19, 2008.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) APPEAL NO. 08-018
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SANDEEP HINGORANI, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET-USE & MAPPING
Respondent
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455 Vallejo Street.
Protesting the issuance on Feb. 6, 2008, to Sheedy Crane & Rigging, Temporary Occupancy Permit (placement of crane at subject property occupying 1500LF on Vallejo Street and 200LF on each side of Kearny Street).
PERMIT NO. 08TOC-0111.
PUBLIC HEARING HELD & CLOSED ON FEBRUARY 20, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow DPW BSM representatives to attend the hearing.
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ACTION: Upon motion by Commissioner Peterson, the Board voted 5 – 0 to uphold the permit with revised plans dated March 5, 2008 which reflect an eleven (11) foot path of travel during the day, and an eighteen (18) foot path of travel at night.
SPEAKERS: Louise Laub, agent for appellant; Nick Elsner, DPW BSM; Brian Dusseault, MTA; Richard Battaini, agent for permit holder.
PUBLIC COMMENT: None.
(5) 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.
PUBLIC HEARING HELD & CLOSED ON DEC. 19, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant and Planning Dept. to submit additional documents pursuant to the Board’s comments.
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ACTION: Upon motion by Commissioner Fung, the Board voted 3 – 2 (Commissioners Knox and Haaland dissented) to uphold the denial.
SPEAKERS: Scott Sanchez, PD; Brendan Hallinan, attorney for appellant; Ken Estes, appellant; Fred Crisp, SFPD.
PUBLIC COMMENT: The following people spoke in favor of the Planning Commission: Randal DeMartini, Brent McDonald, Alexandra Kienker, Joseph Alioto Jr., and Lynn Jefferson. The following people spoke in favor of the appellant: Michael Lohrig, Robert Limon, Noel McComas, Audrey Jamison, Thomas Phelan, Sophie Lau, Richard Barrett, Eric Davison, Jerry Manis, Alex Koka, and Terrance Hallinan.
(6) APPEAL NO. 07-230
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KEITH FOOTE, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1884 San Jose Avenue.
Protesting the issuance on Dec. 20, 2007, of Permit to Remove One (1) Tree.
ORDER NO. 177,286.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 2 (Commissioners Knox and Peterson dissented) to uphold the permit.
SPEAKERS: Keith Foote, appellant; Carla Short, DPW BUF.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-228
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ROSS MOORE & EARL STOKES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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377 Cumberland Street.
Protesting the issuance on Dec. 7, 2007, to Lindy Joffe, Permit to Alter a Building (on single-family house: construct deck at rear of property; replace fence; and construct garden shed).
APPLICATION NO. 2007/12/07/9980.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5 – 0 to reschedule the matter to March 19, 2008.
SPEAKERS: Earl Stokes, co-appellant; permit holder appeared after the case was called.
PUBLIC COMMENT: None.
There being no further business, President Garcia adjourned the meeting at 7:55 p.m.
