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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 12, 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 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); Heidi Machen, Executive Director, Taxi Commission (TC); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; Virginia O’Rear, Official Court Reporter.
ABSENT: Commissioner Robert Haaland.
(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) ELECTION OF VICE PRESIDENT:
ACTION: This matter was rescheduled to March 19, 2008.
(3) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST:
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Subject property at 3622 – 22nd Street. Building permit was issued on Jan. 4, 2008. Last day to appeal was Jan. 22, 2008. Jurisdiction request received on Feb. 19, 2008. Letter from Peter Birmingham, requestor, asking that the Board take jurisdiction over BPA No. 2007/12/19/0855. Permit Holder: Durkin Living Trust. Project: comply with NOV No. 20072411; modification to BPA No. 2004/10/04/5856; hip roof to flat at center of building; other various revisions.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 1 – 1 (Commissioner Knox dissented, Commissioner Haaland absent) to deny the Jurisdiction Request.
SPEAKERS: David Tornheim, agent for requestor; Earle Weiss, agent for permit holder; Brian Soriano, attorney for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(5) APPEAL NO. 07-104
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JACOB BRETTHOLZ, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the permanent bar from grant/issuance of taxicab permit (A-card).
FOR REHEARING TODAY. Note: On Oct. 3, 2007, the Board voted 3-1-1 (RK dissented, RH absent) to uphold the Taxi Commission’s decision. On Nov. 7, 2007, the Board voted 5-0 to grant the appellant’s rehearing request, and to set the rehearing for Jan. 9, 2008.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 1 – 1 (Commissioner Knox dissented, Commissioner Haaland absent) to uphold the Taxi Commission’s decision.
SPEAKERS: Heidi Machen, TC; Jordanna Thigpen, TC; Sgt. Ron Reynolds, SFPD; Jacob Brettholz, appellant.
PUBLIC COMMENT: Richard Hybels, Lyn Jefferson and Charles Rathbone spoke in favor of the TC.
(6) APPEAL NO. 07-139
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DAVID BASADA
dba “KSJ TAXI”, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on August 2, 2007, of Color Scheme Permit.
PUBLIC HEARINGS HELD & CLOSED ON OCT. 24, 2007 & JAN. 16, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to comply with TC Rules, and to allow time for the TC to conduct one final surprise audit.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to April 9, 2008.
SPEAKERS: Ligia Parmenter, attorney for appellant; Heidi Machen, TC; David Basada, appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-174
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JACQUES JANOT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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963 North Point Street.
Protesting the issuance on September 5, 2007, to IJLN Investments LLC, Site Permit to Erect a Building (four-story, two-unit building with 1,387sf of ground floor area).
APPLICATION NO. 2006/10/12/4833S.
PUBLIC HEARING HELD & CLOSED ON DEC. 12, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to negotiate the easement issue.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to May 14, 2008.
SPEAKERS: Neither the appellant nor the permit holder appeared.
PUBLIC COMMENT: None.
(8) APPEAL NO. 08-002
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VICTORIA ANN YOUNG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2123 – 44th Avenue.
Appealing the imposition of penalty on Sept. 27, 2007, for construction work done without a permit.
APPLICATION NO. 2007/09/27/3858.
JURISDICTION GRANTED DEC. 19, 2007.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reduce the penalty to two (2) times the regular fee.
SPEAKERS: DBI consented to the reduction.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07-159
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NANCY HOUSE Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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75 Folsom Street.
Appealing the denial on August 31, 2007, of Permit to Alter a Building (on 67-unit apartment building: merge units 905 and 906 into one unit; remove wall between units).
APPLICATION NO. 2007/01/16/1750.
FOR HEARING TODAY.
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Note: Appeal No. 07-159 at 75 Folsom Street will be rescheduled to May 21, 2008at the request of the appellant and with the agreement of the Planning Department.
ACTION: Upon motion by Commissioner Knox, the Board voted 3 – 0 – 2 (Commissioners Peterson and Haaland absent) to reschedule the matter to May 21, 2008 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-169
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RE-LEAF CENTER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2980 – 21st Street.
Appealing a Notice of Violation dated August 24, 2007, addressed to Edward Schmitt and the Re-Leaf Center, that the medical cannabis dispensary use at the subject property is not permitted because it lies within a residential zoning district.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to May 7, 2008, in order for the Office of City Attorney to render a confidential opinion on the legal issues presented in this appeal.
SPEAKERS: Scott Sanchez, PD; James Anthony, attorney for appellant.
PUBLIC COMMENT: The following people spoke in favor of the ZA: Soren Ragsdale, Kathy Buckley, Douglas Moore, and Kathryn Hill. Heidi Hanley spoke in favor of the appellant.
There being no further business, President Garcia adjourned the meeting at 8:00 pm.
