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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 18, 2009
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Tanya Peterson, Commissioner Michael Garcia, Commissioner Kendall Goh, Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Spencer Gosch, Senior Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Jordanna Thigpen, Executive Director, Taxi Commission (TC); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.
(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: Peter A. Chernoff.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the February 11, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the February 11, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADOPTION OF BUDGET:
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Discussion and possible adoption of the Board’s Fiscal Year 2009-2010 Budget.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to adopt the proposed budget.
SPEAKERS: None.
PUBLIC COMMENT: Silvia Johnson; David Pilpel.
(5) ADDENDUM ITEMS:
(5a) JURISDICTION REQUEST:
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Subject property at 55 Manchester Street. Letter from Demece Garepis, requestor, asking that the Board take jurisdiction over BPA Nos. 2008/09/19/2095, 2008/11/04/5805, and 2008/11/24/7231, which were issued on Sept. 19, 2008, Nov. 4, 2008, and Dec. 4, 2008, respectively, and for which the appeal periods lapsed on Oct. 6, 2008, Nov. 19, 2008, and Dec. 19, 2008, respectively. Permit Holders: Alex Anderson Kelly / Herbert McFadden, Jim Kelly, Jim Kelly / Leo McFadden / Oscar Mackey, respectively. Project, 1st permit: remove lath and plaster; rewire; repair plumbing; install gyp board; install new doors and windows at rear; install new trim and casing; remodel kitchens and baths; repair dry rot; paint; comply with NOV; re-roof. Project, 2nd permit: repair and replace dry rot sill plate and studs; strengthening stud walls with shear walls; strengthening floors; temporary shoring for dry rot repair; re-frame rear roof and rear wall; comply with NOV’s. Project, 3rd permit: reconfigure floor plan; extend light wells to basement; construct new footing and stemwall; new bearing wall; new subfloor in basement; comply with NOV’s.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to recuse Commissioner Goh. Following, upon motion by Commissioner Garcia, the Board voted 3 – 1 – 1 (Commissioner Mandelman dissented, Commissioner Goh recused) to deny the jurisdiction requests.
SPEAKERS: Demece Garepis, requestor; Leo McFadden, permit holder; Spencer Gosch, DBI; Scott Sanchez, PD.
PUBLIC COMMENT: Robert Weiner, Nancy MacMorris, and Leonard Brill spoke in favor of the requestor.
(6) APPEAL NO. 08-156
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AZZAM ENNAZER, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on Sept. 24, 2008, of medallion No. 431.
PUBLIC HEARING HELD AND CLOSED ON DEC. 17, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to submit additional information pursuant to the Board’s comments.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the revocation on the conditions that (a) appellant be place at top of medallion list after one-year from date of issuance of Notice of Decision, and (b) appellant then prove to TC that he has met the Full Time Driving Requirement (FTDR) for 2008 and 2009.
SPEAKERS: Jordanna Thigpen, TC; Geoffrey Rotwein, attorney for appellant.
PUBLIC COMMENT: Emad Shehadeh, Mike Dajani, and Adnan Atetlah spoke in favor of the appellant.
(7) APPEAL NO. V08-157
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DONALD & ELSA LUBGUBAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1813 Church Street.
Appealing the denial on Oct. 1, 2008, of Rear Yard Variance (construct a two-story addition at the rear of existing building).
VARIANCE CASE NO. 2008.0508V.
PUBLIC HEARING HELD AND CLOSED ON DEC. 17, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the appellant to confer with the ZA on alternative options.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to uphold the denial.
SPEAKERS: Javier Solorzano, agent for appellant, Scott Sanchez, PD.
PUBLIC COMMENT: None.
(8) APPEAL NO. 08-151
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TESFAMARIAM ZEMIKAEL, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the denial on Sept. 15, 2008, of Taxicab Medallion Permit.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to uphold the denial on the conditions that (a) the appellant be placed at the medallion list after two (2) years from the date of issuance from Notice of Decision, (b) the appellant then prove to TC that he has met the FTDR for four (4) years during years 2007 to 2010, and (c) with a finding that there is credible evidence of extensive driving for 2005.
SPEAKERS: Jordanna Thigpen, TC; Geoffrey Rotwein, attorney for appellant; Tesfamariam Zemikael, appellant.
PUBLIC COMMENT: Richard Hybels spoke in favor of the TC; Yohannes Gebrehimn and Bereket Befeme spoke in favor the appellant.
(9) APPEAL NO. 08-186
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TOM GUAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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30 Bay View Street.
Appealing the imposition of penalty on Dec. 12, 2008, for construction work done without a permit.
APPLICATION NO. 2008/12/10/8228.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 1 (Commissioner Mandelman dissented) to reduce the penalty to four (4) times the regular fee.
SPEAKERS: Spencer Gosch, DBI; Tom Guan, appellant.
PUBLIC COMMENT: None.
ITEMS (10A) AND (10B) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 08-188
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SAN FRANCISCO
ARCHITECTURAL HERITAGE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
REDEVELOPMENT AGENCY APPROVAL
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1581 Bush Street.
Protesting the issuance on Dec. 4, 2008, to Pacific Heights Franklin Partners LLC, Permit to Demolish a Building (two-story auto sales/service building with 12,000sf of ground floor area).
APPLICATION NO. 2008/09/25/2656.
FOR HEARING TODAY.
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SEE 10B.
(10B) APPEAL NO. 08-189
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SAN FRANCISCO
ARCHITECTURAL HERITAGE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
REDEVELOPMENT AGENCY APPROVAL
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1450 Franklin Street.
Protesting the issuance on Dec. 4, 2008, to Pacific Heights Franklin Partners LLC, Permit to Erect a Building (13-story, 69-unit residential/commercial building with 12,000sf of ground floor area).
APPLICATION NO. 2008/09/25/2660S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to uphold both permits with adoption of findings at a later time, and on the condition that there be ten (10) affordable housing units. Failed due to lack of four (4) votes; permits upheld with no conditions, and with adoption of findings at a later time.
SPEAKERS: Jack Gold, agent for appellant; David Silverman, attorney for permit holder; Jim Helfrich, subject property co-owner; Jim Morales, attorney for Redevelopment Agency; Scott Sanchez, PD.
PUBLIC COMMENT: The following people spoke in favor of the permit holder: Wade Woods, Michael Vanderhose, Patricia Jury, Ronald Robertson, Coy McAllster, Kevin Jefferson, Raymond Martain, Abe Handry, and Arnold Townsend.
(11) APPEAL NO. 08-169
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SANDRA SOHCOT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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354 Douglass Street.
Appealing the denial on Nov. 7, 2008, of Permit to Alter a Building (remove illegal unit but retain 2nd kitchen installed under BPA No. 188772 in 1930).
APPLICATION NO. 2008/11/06/5960.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue the matter to March 11, 2009, with the public hearing closed, to allow time for appellant to submit a draft motion, findings, conditions, and a Notice of Special Restrictions (NSR).
SPEAKERS: Spencer Gosch, DBI; Pat Buscovich, agent for appellant; Sandra Sohcot, appellant; Scott Sanchez, PD.
PUBLIC COMMENT: The following people spoke in favor of the appellant: James DeLange, Randy Allgaier, Lee Hawn, and Sarah Miller; Silvia Johnson.
(12) APPEAL NO. 08-187
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DON SKEOCH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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977 Dolores Street.
Appealing the denial on Dec. 11, 2008, of Permit to Alter a Building (merge two of three units; demolish wall between stair to 3rd floor unit and entry to 2nd floor unit; demolish 3rd floor kitchen and convert to bedroom; convert utility room at 3rd floor to closet).
APPLICATION NO. 2008/05/06/1361.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 4 – 1 (Commissioner Mandelman dissented) to overrule the denial, grant the permit with adoption of finding and conditions at a later time.
SPEAKERS: Scott Sanchez, PD; Spencer Gosch, DBI; Don Skeoch, appellant.
PUBLIC COMMENT: Cheryl Elliman and Alison Brown spoke in favor of the appellant; Sylvia Johnson.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 10:32 p.m.
