2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 18, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Randall Knox, Vice President Michael Garcia, Commissioner Frank Fung, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Heidi Machen, Executive Director of the Taxi Commission (TC); Carla Short, Urban Forester, Department of Public Works/Bureau of Urban Forestry (DPW/BUF); Johnson Ojo, Principal Inspector, Department of Public Health (DPH); Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist; and Virginia O’near, Official Court Reporter.
ABSENT: Commissioner Katharine Albright.
(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: None.
(4) APPEAL NO. 07-048
|
EDWARD IP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
834 – 44th Avenue.
Appealing a Notice of Decision by the Director of the Dept. of Building Inspection, dated April 11, 2007, regarding allegations of an unlawful residential demolition at the subject property.
PUBLIC HEARING HELD & CLOSED ON JUNE 20, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to seek a settlement with the adjacent neighbors, to submit revised plans, and for the Planning Department to review the matter.
|
ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to continue the matter to 09/12/07 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 07-049
|
TOM & BARBARA LATOUR, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
|
30-32 Castle Street.
Protesting the issuance on April 11, 2007, to Judith Cohen, Sidewalk Landscaping Permit.
PUBLIC HEARING HELD & CLOSED ON JUNE 20, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow parties time to negotiate a settlement.
|
(5B) APPEAL NO. 07-050
|
TOM & BARBARA LATOUR, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
|
34-36 Castle Street.
Protesting the issuance on April 11, 2007, to Madelyn Chatton, Sidewalk Landscaping Permit.
PUBLIC HEARING HELD & CLOSED ON JUNE 20, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow parties time to negotiate a settlement.
|
ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 -1 (Commissioner Albright absent) to uphold both permits on condition that both permits be restricted to the portion of the garden directly aligned with the gate, plus an additional six inches on either side of the gate, and that there be no obstructions that prevent the opening of said gate.
SPEAKERS: Carla Short, Urban Forester for DPW/BUF; David Cincotta, Attorney for Appellants; David Stein, Attorney for Permit Holders.
PUBLIC COMMENT: Mary O’Hara –Devereaux spoke in favor of the Appellants.
(6) APPEAL NO. 07-063
|
JUAN ESCOBAR
dba “GE TOWING”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
|
No specific subject property.
Appealing the revocation on April 19, 2007, of Tow Car Firm Permit (P51).
FOR HEARING TODAY.
|
ACTION: Upon motion by President Knox, the Board voted 4 – 0 -1 (Commissioner Albright absent) to reschedule the matter to 9/19/07 and to request a written response and appearance from the SFPD.
SPEAKERS: Alejandra Arias, Agent for Appellant; SFPD did not appear.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-064
|
RASHAD SGHAYER
dba “FRED’S LIQUOR STORE”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
|
300 Mason Street.
Appealing a ten (10) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 18, 2007. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-07-091.
FOR HEARING TODAY.
|
ACTION: Withdrawn by Appellant via letter at the hearing.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 07-097
|
PETER WITT, Appellant(s)
vs.
TAXI COMMISSION, Respondent
|
Protesting the adoption of Public Convenience & Necessity Findings for the issuance of twenty-five (25) new alternative fuel or hybrid taxi permits, and twenty-five (25) new ramped taxi permits.
RESOLUTION NO. 2007-20.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Knox, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to uphold the Public Convenience & Necessity Findings, with a finding that the public’s convenience and necessity requires the issuance of said 50 medallions.
SPEAKERS: Peter Witt, Appellant; Heidi Machen, TC.
PUBLIC COMMENT: Alec Kaplan, Carol Osazio, Christopher Fulkerson, and Rua Graffis spoke in favor of the appellant; and Bruce Oka, Mark Gruberg, Joanna Frazuli, and Ken Stein spoke in favor of the Taxi Commission.
(9) APPEAL NO. 07-058
|
ROY LAM dba “QUICKLY”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
1050 Taraval Street.
Appealing a Notice of Violation dated April 16, 2007, addressed to Sam Lai, that the “Quickly” establishment at the subject property has not procured proper Planning Department authorization, in violation of Planning Code §§ 703.4 & 711.44.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to uphold the Notice of Violation.
SPEAKERS: Tina Tam, PD; Roy Lam, Appellant.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-059
|
ROY LAM dba “QUICKLY”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
1039 Ocean Avenue.
Appealing a Notice of Violation dated April 23, 2007, addressed to Rose Pakeman, that the “Quickly” establishment at the subject property has not procured proper Planning Department authorization, in violation of Planning Code § 711.44.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commission Haaland, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to uphold the Notice of Violation.
SPEAKERS: Tina Tam, PD; Roy Lam, Appellant; Mildred Pakeman – Rose, Subject Property Owner.
PUBLIC COMMENT: None.
(11) APPEAL NO. 07-061
|
GERRIE SCOTT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
121 Brighton Avenue.
Protesting the issuance on April 18, 2007, to Jose Luis Pereda, Permit to Alter a Building (on single-family house: legalize three existing room and bath; City records currently describe the building as one story @ 836sf over garage; building is currently 1,100sf of habitable space; 1,256sf on 2nd floor, and a 357sf bedroom and bath facing the rear yard on ground floor; add one story per plans).
APPLICATION NO. 2006/06/07/3368.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Haaland, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to uphold the permit.
SPEAKERS: Genrie Scott, Appellant; Jeff Gard, Agent for Permit Holder; Tina Tam, PD; Laurence Kornfield, DBI; Jose Luis Pereda, Permit Holder.
PUBLIC COMMENT: Loretta Spears – Bynes, Alex Picar, and Jerome Bynes spoke in favor of the permit holder.
(12) APPEAL NO. 07-062
|
GAETANO ZANELI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
60 Clarendon Avenue.
Protesting the issuance on May 1, 2007, to Tom McGrath, Permit to Alter a Building (on single-family house: revision to BPA No. 2004/04/22/2053; change 10 piers to soldier piers).
APPLICATION NO. 2007/05/01/0078.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to uphold the permit.
SPEAKERS: Elva Harding, Attorney for Appellant; Pat Buscovich, Agent for Appellant; Andrew Junius, Attorney for Permit Holder; Mark Lonning, Agent for Permit Holder; Laurence Kornfield, DBI; Gaetano Zaneli, Appellant; Doug Spec, Agent for Permit Holder.
PUBLIC COMMENT: Gregory Clark spoke in favor of the permit holder.
(13) APPEAL NO. 07-065
|
NICOLE HAGASHI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
244 – 32nd Avenue.
Protesting the issuance on April 18, 2007, to Mary Jo Bowling & Michael Steder, Site Permit to Alter a Building (on single-family house: interior renovation involving new partitions, new bath, kitchen and bath remodel; 3rd floor addition with roof deck over existing roof).
APPLICATION NO. 2006/06/23/4870S.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 -1 (Commissioner Albright absent) to reschedule the matter to 08/1/2007 at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
There being no further business, President Knox adjourned the meeting at 9:05 p.m.
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter.
