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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 3, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Hisashi Sugaya, Commissioner Katharine Albright.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Jonas Ionin, Senior Planner, Planning Department (PD); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; Claudine Woeber, Official Court Reporter.
ABSENT: Commissioner Michael Garcia.
(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) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2870 Pacific Avenue. Permit issued on December 6, 2005. Last day to appeal was December 21, 2005. Jurisdiction request received on April 13, 2006. Letter from Theresa Lim, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/11/29/0199S. Permit Holder(s): Caley & Heidi Castelein. Project: on single-family house, 2nd floor addition, and excavation of existing crawlspace to provide habitable basement.
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ACTION: Upon motion by Vice President Knox, the Board voted 4-0-1 (Commissioner Garcia absent) to deny the jurisdiction request.
SPEAKERS: Alice Barkley, attorney for permit holder; requestor did not appear.
PUBLIC COMMENT: None.
(4) APPEAL NO. 06-034
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ENRIQUE SANCHEZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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150 Josiah Avenue.
Appealing the imposition of penalty on March 15, 2006, for work done without a permit (on single-family house: remove three kitchens from the 1st and 2nd floors).
APPLICATION NO. 2006/03/02/5812.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 4-0-1 (Commissioner Garcia absent) to reduce the penalty to two (2) times the regular fee.
SPEAKERS: None, DBI consented to reduction in penalty.
PUBLIC COMMENT: None.
(5) APPEAL NO. 05-213
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HOWARD HSU dba
“HOLLYWOOD BILLIARDS / CLUB Q”, Appellant(s)
vs.
ENTERTAINMENT COMMISSION, Respondent
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1028 Market St. / 61 Golden Gate Ave.
Appealing the denial on December 13, 2005, of Place of Entertainment Permit, Extended-Hours Premises Permit and Billiards Permit.
APPLICATION NO. EC-705.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold the denial of the place of entertainment permit and extended hours permit, and to overrule denial of billiards permit, with findings to be adopted at a later date.
SPEAKERS: Robert Davis, Entertainment Commission; Mark Rennie, attorney for appellant; Howard Hsu, Appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 06-035
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THET YU NAING
dba “SILVER ARCO”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2190 Carroll Avenue.
Appealing a 10-day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 8, 2006. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-06-033.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4-0-1 (Commissioner Garcia absent) to reschedule the matter to June 7, 2006 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 06-005
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DEAN DYER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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296 Dalewood Way.
Protesting the issuance on December 21, 2005, to Sandra Waugh Palmero, Permit to Alter a Building (on single-family house: new retaining wall in rear yard, maximum height at 7’ – 0”).
APPLICATION NO. 2005/09/27/3979.
FOR HEARING TODAY.
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(7B) APPEAL NO. 06-006
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DEAN DYER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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292 Dalewood Way.
Protesting the issuance on December 21, 2005, to James Wempe, Permit to Alter a Building (on single-family house: new retaining wall in rear yard, maximum height at 7’ – 0”).
APPLICATION NO. 2005/09/27/3974.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4-0-1 (Commissioner Garcia absent) to reschedule both matters to May 24, 2006 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (8A)& (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 06-036
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TRACEY HUGHES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1070 Sanchez Street.
Protesting the issuance on March 3, 2006, to Sanchez LLC, Permit to Demolish a Building (2-story, single-family house with 1,000sf of ground floor area).
APPLICATION NO. 2004/05/27/5002.
FOR HEARING TODAY.
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(8B) APPEAL NO. 06-037
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TRACEY HUGHES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1070 Sanchez Street.
Protesting the issuance on March 3, 2006, to Sanchez LLC, Site Permit to Erect a Building (3-story, 2-unit building with 1,711 of ground floor area).
APPLICATION NO. 2004/05/27/5004S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold both permits.
SPEAKERS: Tracey Hughes, appellant; Alice Barkley, attorney for permit holder; Jonas Ionin PD.
PUBLIC COMMENT: Mary Ann Henningsen, grand-daughter of original owner, said people who have lived in the house were pioneer families in Napa County and Nevada.
Joe Butler, an architect in support of the appellant, said both the Planning Commission and the Board of Supervisors were misled by the permit holder who submitted incomplete and inaccurate information about the house. The soundness report to the Commission used incorrect figures and the rear yard has been calculated improperly.
There being no further business, President Fung adjourned the meeting at 7:20 pm.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from official court reporter.
