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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

 MEETING MINUTES - WEDNESDAY, SEPTEMBER 20, 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); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Cecilia Mangoba, Dept. of Public Health (DPH); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, 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)  SPECIAL ITEM:                                                

Subject property at 1284 Mission Street.  Appeal No. 06-103, Lee’s Oriental Massage vs. DPH, (appealing revocation by Department of Public Health of Massage Practitioner Permit).     Request by appellant to disqualify Office of the City Attorney from representing the respondent (Dept. of Public Health).

 

ACTION:  Upon motion by Commissioner Haaland, the Board voted 5-0 to deny the request to disqualify the Office of City Attorney from representing the Dept. of Public Health.

 

SPEAKERS:  Geoffrey Rotwein, attorney for appellant; Cecilia Mangoba, attorney for DPH.

 

PUBLIC COMMENT:  Francisco DaCosta.

 

 

 

(3b)  SPECIAL ITEM:                                                

Subject property at 1284 Mission Street.  Appeal No. 06-103, Lee’s Oriental Massage vs. DPH, (appealing revocation by Department of Public Health of Massage Practitioner Permit).     Request by appellant to disqualify the members of the Board of Appeals.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to deny the request to disqualify the Board of Appeals.

 

SPEAKER:  Geoffrey Rotwein, attorney for appellant.

 

PUBLIC COMMENT:  None.

 

 

 

(4)    APPEAL NO. 06-103

ARTHUR LEE

dba LEE’S ORIENTAL MASSAGE”, Appellant(s)

                     vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

 

1284 Mission Street.

Appealing the revocation on July 6, 2006, of a Massage Establishment Permit.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4-0 to recuse Randall Knox.

 

Upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Knox recused) to uphold the revocation.

 

SPEAKERS:  Cecilia Mangoba, attorney for DPH; Adrial Hampton, OCA; Geoffrey Rotwein, attorney for appellant.

 

PUBLIC COMMENT:  None.

 

 

 

(5)    APPEAL NO. 00-096

TREVOR FOOKS, Appellant(s)

                     vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

1623-1625 Noe Street.

Zoning Administrator's determination dated June 13, 2000 that under the RH-2 zoning of the property, the illegal third basement unit of the two-unit building must be removed, and with certain alterations the space may remain habitable space as part of one of the two lawful units.

PUBLIC HEARINGS HELD ON JULY 26, 2000, OCTOBER 30, 2002, & FEBRUARY 22, 2006.  REHEARING REQUEST GRANTED ON MARCH 29, 2006.  FOR REHEARING TODAY.

 

ACTION:  Upon motion by Commissioner Haaland, the Board voted 5-0 to continue the matter to “Call of Chair” / Indefinite Agenda.

 

SPEAKERS:  Tina Tam, PD; Trevor Fooks, Appellant; Sally Maulsby, tenant; Laurence Kornfield, DBI.

 

PUBLIC COMMENT:  None.

 

 

 

(6)    APPEAL NO. V06-079

RICHARD GARVIN, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

1043-1045 Francisco Street.

Protesting the granting on May 12, 2006, to John Chiatello, Rear Yard Variance (construction of a one-story horizontal addition over existing one-story extension at the rear of the building, of which a 3 foot portion would be within the required rear yard).

VARIANCE CASE NO. 2005.0032DV.

PUBLIC HEARING HELD & CLOSED ON JULY 19, 2006.  FOR FURTHER CONSIDERATION TODAY.  Note:  Matter continued to allow parties time to negotiate a settlement.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5-0 to continue the matter to October 4, 2006, at written request of the parties.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

 

(7)    APPEAL NO. 06-086

GERRIE SCOTT, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

121 Brighton Avenue.

Protesting the issuance on May 15, 2006, to Jose Pereda, Site Permit to Alter a Building (on single-family house: 3rd floor addition to existing 2-story residence; horizontal addition/extension of 18” is proposed for a portion of the front façade; existing kitchen will be remodeled under this permit).

APPLICATION NO. 2005/09/14/2906S.

PUBLIC HEARING HELD & CLOSED ON AUGUST 16, 2006.  FOR FURTHER CONSIDERATION TODAY.  Note:  matter continued to allow time for DBI and Planning to process the legalization permit (legalization of work done without permits on 1st and 2nd floors).

 

 

ACTION:  Upon motion by Vice-President Knox, the Board voted 5-0 to revoke the permit, with a finding that it was improperly issued because there is no record that lower 2 floors were built with a permit.

 

SPEAKERS:  Tina Tam, PD; Jeff Gard, architect for permit holder; Laurence Kornfield, DBI; Gerrie Scott, appellant.

 

PUBLIC COMMENT:  None.

 

 

 

(8)  APPEAL NO. 06-099

ROY LEE, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

139-141 Blake Street.

Appealing the imposition of penalty on July 6, 2006, for electrical work done without a permit.

APPLICATION NO. E2006/06/28/9014.

PUBLIC HEARING HELD & CLOSED ON AUGUST 30, 2006.  FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for DBI to obtain written transcript of proceedings for appellant.

 

ACTION:  Upon motion by Vice-President Knox, the Board voted 5-0 to uphold the penalty.

 

SPEAKERS:  Roy Lee, appellant; Laurence Kornfield, DBI; Tina Tam, PD.

 

PUBLIC COMMENT:  None.

 

 

 

(9)    APPEAL NO. 06-112

GLORIA LOMELI, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

565 Banks Street.

Appealing the imposition of penalty on       July 28, 2006, for work done without a permit (on single-family house: comply with NOV Nos. 200120287 and 200453635; demolish one-story rear addition constructed without permit).

APPLICATION NO. 2006/06/14/4007.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5-0 to reduce the penalty to two times the regular fee.

 

SPEAKERS:  Alberto Del Rio, son of appellant; Laurence Kornfield, DBI.

 

PUBLIC COMMENT:  None.

 

 

 

(10)    APPEAL NO. 06-077

TOHA QUAN, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

2395 – 12th Avenue.

Appealing a Notice of Violation dated May 1, 2006, addressed to Toha Quan and Anna Wong, that a manufacturing and processing operation has been established at the subject property, in violation of Planning Code §§ 151, 204.1, 226, and 711.38.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Fung, the Board voted 5-0 to continue the matter to     October 18, 2006, with the public hearing closed.

 

SPEAKERS:  Tina Tam, PD; John Chu, attorney for appellant; Toha Quan, appellant.

 

PUBLIC COMMENT:  None.

 

 

 

 

(11)    APPEAL NO. 06-100

IRMA VALDEZ, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2955 – 26th Street.

Protesting the issuance on March 3, 2006, to Anh Hua, Permit to Alter a Building (on single-family house: remove kitchen in basement; convert full bath to half bath at ground floor).

APPLICATION NO. 2006/03/03/5924.

JURISDICTION GRANTED JUNE 21, 2006.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5-0 to revoke the permit with the following finding: revoked at request of parties so the permit holder can seek a variance to legalize the subject unit.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

 

 

(12)    APPEAL NO. 06-113

ERICA ZWEIG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

1399 – 43rd Avenue.

Protesting the issuance on July 20, 2006, to Omnipoint – T-Mobile, Permit to Alter a Building (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).

APPLICATION NO. 2005/09/30/4424.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to uphold the permit.

 

SPEAKERS:  Erica Zweig, appellant; Paul Albritton, attorney for permit Holder; Tina Tam, PD.

 

PUBLIC COMMENT:  Doug Jacuzzi said he objects to this project because there are many children living nearby who may be affected and if this installation is approved there will be many more in the Sunset.

 

 

 

There being no further business, President Fung adjourned the meeting at 8:25 p.m.

 

 

________________________________                        

Robert H. Feldman, Executive Secretary

 

Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter.