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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 22, 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 Hisashi Sugaya.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Lawrence Badiner, Zoning Administrator and Jonas Ionin, Senior Planner, Planning Department (PD); Leo McFadden, Senior Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
NOTE: ITEM 1, CLOSED SESSION SHALL TAKE PLACE BETWEEN 5:00PM – 5:30PM; REGULAR AGENDA, ITEMS 2 - 11 SHALL BEGIN AT 5:30PM.
(1) CLOSED SESSION ON EXISTING LITIGATION: 2623 Pacific LLC, Paul Chow v. City and County of San Francisco et al., San Francisco, Superior Court Case No. 505-993
A. Public comment on all matters pertaining to the closed session.
B. Vote on whether to hold closed session to confer with legal counsel regarding pending litigation, 2623 Pacific LLC, Paul Chow v. City and County of San Francisco et al., San Francisco, Superior Court Case No. 505-993 (filed January 13, 2006) relating to denial of a request for a dwelling unit merger from five units to one single family dwelling. (SF Administrative Code § 67.10(d)(1))
C. Conference with legal counsel in closed session. (CA Gov’t. Code §§ 54956.9(a); SF Administrative Code § 67.10(d)(1).)
D. Reconvene in open session:
1. Report on action taken in closed session, if any, and the vote thereon.
(CA Government Code § 54957.1(a); SF Administrative Code § 67.12(b)(2).)
2. Vote to elect whether to disclose any portion of the discussions held in closed session that is not confidential and possible report thereon. (SF Administrative Code § 67.12(a).)
ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to enter into closed session. Afterwards, upon motion by Commissioner Garcia, the Board voted 5-0 to not disclose the contents of the discussion held during the closed session.
SPEAKERS: None.
(2) 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: Jonas Ionin, and Lawrence Badiner, Planning Department.
(3) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(4) PROPOSED DEPARTMENTAL BUDGET, FY 2006-2007:
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For public hearing, discussion, and adoption.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to adopt the budget.
SPEAKERS: None.
(5) ADDENDUM ITEMS:
(5a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 446 Urbano Drive. Permit issued on December 2, 2005. Last day to appeal was December 19, 2005. Jurisdiction request received February 13, 2006. Letter from Mary Porter & Lindbergh Porter Jr., requestors, asking that the Board take jurisdiction over Building Permit Application No. 2005/12/02/9406. Permit Holders: Xue Yuan Jiang, & Beverly Jing Kuang. Project: on single-family house, add family room, full bath, and 6 bedrooms with 6 half baths on ground floor per plan; day care for 6 persons only; cannot prove the room on ground floor is legal, and therefore will pay the entire ground floor room school fee. Note: the public hearing on this jurisdiction request was held and closed on March 1, 2006. Matter continued to allow time for further review of project by DBI and Planning staff.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-2 (Vice President Knox and Commissioner Sugaya dissented) to deny the jurisdiction request.
SPEAKERS: Jonas Ioning, PD; Lindbergh Porter, co-requestor; Leo McFadden, DBI; Sandy Gandolfo, and Mary Meunier, for requestors.
(5b) REHEARING REQUEST:
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Subject property at 1366 San Bruno Avenue. Letter from Michael Rosenberg, appellant, requesting rehearing of Appeal No. 06-007, Rosenberg vs. DBI, PDA, decided February 22, 2006. At that time, upon motion by Vice President Knox, the Board voted 5-0 to uphold the permit. Permit Holder: Frank Stonich. Project: demolish a one-story structure, storage-use, with 425sf of ground floor area, BPA No. 2005/11/22/8839.
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ACTION: Withdrawn by the requestor.
SPEAKERS: None.
(5c) REHEARING REQUEST:
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Subject property at 1740 Filbert Street. Letter from Amy McDougall, appellant(s), requesting rehearing of Appeal No(s). 05-064/065, McDougall vs. DBI, PDD, decided June 8, 2005. At that time, upon motion by Commissioner Saunders, the Board voted 5-0 to uphold the denial of both permits by the Planning Department. Project, 1st permit: demolish a single-story building with 320sf of ground floor area, BPA No. 2004/12/02/0582. Project, 2nd permit: construction of a 4-story single-family dwelling with 1,224sf of ground floor area, BPA No. 2004/12/02/0571S.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to deny the rehearing request.
SPEAKERS: Jonas Ionin, PD; Amy McDougall, appellant; Stephen Williams, attorney for neighbors.
(6) APPEAL NO. 06-016
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YUWADEE LIMDULPAIBOON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1407 – 34th Avenue.
Appealing the imposition of penalty on January 26, 2006, for work done without a permit (on 2-unit building: remodel kitchen and bathroom; per NOV No. 200666225).
APPLICATION NO. 2006/01/17/2308.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to reduce the penalty to three (3) times the regular fee.
SPEAKERS: Panya Wongsenakhum, agent for appellant; Leo McFadden, DBI.
(7) APPEAL NO. 06-023
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LILY STOYANOVSKI, Appellant(s)
vs.
ENTERTAINMENT COMMISSION, Respondent
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580 Sutter Street.
Protesting the issuance on February 9, 2006, to Clint Worden dba “Lucid Gallery”, Place of Entertainment Permit.
PERMIT NO. EC-782.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit.
SPEAKERS: Lily Stoyanovski, appellant; Clint Worden, permit holder; Mark Rennie, attorney for permit holder; Robert Davis, and Vajra Granelli, Entertainment Commission.
(8) APPEAL NO. 05-202
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JOHN TYNAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1960, 1980-1998 Golden Gate Avenue.
Protesting the issuance on November 23, 2005, to Prana Eight Properties LLC, Permit to Alter a Building (on 12-unit apt. building: response to NOV No. 200338880; remove 2 illegal ground floor dwelling units; remove defective bathroom on 1st floor; remove existing defective rear exit stair and deck; provide new required exit with fire-escape per “local equivalency”; provide new kitchen and bathroom for existing 4th floor apartments).
APPLICATION NO. 2003/12/02/1446.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to revoke the permit at the request of the permit holder with the agreement of the appellant.
SPEAKERS: Pat Buscovich, agent for permit holder; Raquel Fox, attorney for appellant.
(9) APPEAL NO. 98-046
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GERARDO PINTO & MARIANNE RUDDY,
Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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1506‑08 Alabama Street.
Denial on March 6, 1998, of permit to Alter a Building (legalize flat on ground floor; add windows in kitchen and living room; add fan and light in bathroom; provide fire wall and door between garage and flat).
APPLICATION NO. 9802518S.
PUBLIC HEARINGS HELD & CLOSED ON NOVEMBER 18, 1998 & FEBRUARY 17, 1999. FOR FURTHER CONSIDERATION TODAY. Note: Returned to Call of Chair per Board motion on Oct. 30, 2002; on Feb. 22, 2006, the Board continued the matter again to allow time for the appellant to notify his tenants of the Board’s intent to decide the appeal.
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ACTION: Upon motion by President Fung, the Board voted 4-1 (Commissioner Sugaya dissented) to uphold the denial.
SPEAKERS: Gerardo Pinto, co-appellant; Leo McFadden, DBI; Jonas Ionin, PD; and Jeremy Paul.
(10) APPEAL NO. 03-020
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DIMAS & BLANCA OLIVA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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230 Rhine Street.
Appealing a Notice of Violation dated Jan. 28, 2003, that a 2nd stove and kitchen has been installed in the rear building at the subject property, which constitutes the establishment of a 2nd dwelling unit, in violation of Planning Code § 209.1(b); and that a pre-existing car port has been expanded, in violation of Planning Code § 181.1.
PUBLIC HEARING HELD & CLOSED ON APRIL 9, 2003. FOR FURTHER CONSIDERATION TODAY. Note: Matter rescheduled to Call of the Chair so that DBI & Planning can perform a site visit to ascertain life/safety issues, as well as issues concerning original construction versus recent construction, with a report from said departments at a later date.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to continue the matter to the Call of Chair.
SPEAKERS: Jonas Ionin, PD; Blanca Oliva, co-appellant.
(11) APPEAL NO. 05-128
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JAMES WITHRINGTON
dba “GO CAR RENTALS”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
PLANNING DEPT. DISAPPROVAL
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2715 Hyde Street.
Appealing the denial on July 7, 2005, of a Driverless Auto Rental Permit (P02).
PUBLIC HEARING HELD & CLOSED ON NOVEMBER 2, 2005. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow appellant time to research other possible options with the Planning Department.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Sugaya dissented) to overrule the denial, and adopt the findings as amended.
SPEAKERS: Jeremy Paul, agent for appellant; Jonas Ionin, PD.
There being no further business, President Fung adjourned the meeting at 9:10 p.m.
________________________________
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter. TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – MARCH 22, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: None.
(2) PUBLIC COMMENT: None.
(3) PUBLIC COMMENT: None.
(4) PUBLIC COMMENT: None.
(5a) PUBLIC COMMENT: Sandy Gandolfo urged Board to grant request because proposed use is not acceptable to neighbors.
Mary Meunier urged granting request because proposed use not appropriate for neighborhood.
(5b) PUBLIC COMMENT: None.
(5c) PUBLIC COMMENT: Stephen Williams speaking for neighbors objected to a request for continuance and urged Board to deny request and said there will be an appeal for any variance granted for this proposal.
(6) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: None.
(8) PUBLIC COMMENT: None.
(9) PUBLIC COMMENT: None.
(10) PUBLIC COMMENT: None.
(11) PUBLIC COMMENT: None.
