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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 20, 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, Commissioner, Katharine Albright, 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); Carla Short, Department of Public Works/Bureau of Urban Forestry (DPW/BUF); Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typists; Virginia O’Rear, Official Court Reporter.
(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) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 4120 – 23rd Street. Permit issued on September 23, 2005. Last day to appeal was October 11, 2005. Jurisdiction request received on September 29, 2006. Letter from Robert Call, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2002/02/25/9972. Project: horizontal addition to rear of building; construct a new garage at street level. Permit Holder: Darryl Leung.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to reschedule the matter to 09/19/07, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3b) ADOPTION OF FINDINGS:
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Subject property at 850 Greenwich Street. Appeal No. 07-012, Elston vs. ZA, decided May 16, 2007. At that time, upon motion by Commissioner Haaland, the Board voted 4-1 (Commissioner Albright dissented) to overrule the Zoning Administrator’s Letter of Determination (regarding the commercial use of the ground floor at the subject property), with findings to be adopted on June 20, 2007.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 4 -1(Commissioner Albright dissented) to adopt the Office of the City Attorney’s findings as amended.
SPEAKERS: Brett Gladstone, Attorney for Appellant; Scott Sanchez, PD.
PUBLIC COMMENT: Bill Getz reviewed the proposed findings and restated his opposition to the appeal.
(3c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1675 – 11th Avenue. Permit issued on February 1, 2007. Last day to appeal was February 16, 2007. Jurisdiction request received May 4, 2007. Letter from Rose Tom-Tsai, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2004/06/15/6478S. Permit Holder: James Chan. Project: horizontal and vertical addition while adding 2nd dwelling unit.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to reschedule the matter to 9/19/07, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3d) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1675 – 11th Avenue. Permit issued on March 14, 2007. Last day to appeal was March 29, 2007. Jurisdiction request received June 7, 2007. Letter from Rose Tom-Tsai, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/03/14/6243. Permit Holder: James Chan. Project: revise egress stairs at rear per plans under BPA No. 2004/06/15/6478S.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to reschedule the matter to 9/19/07, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3e) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2576-2580 Washington Street. Permit issued on April 23, 2007. Last day to appeal was May 8, 2007. Jurisdiction request received May 14, 2007. Letter from David Ruth, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/04/05/8119. Permit Holder: Jean Seto. Project: on 12-unit apartment building, units 4, 5, & 6 in building 2576; sections of wall and ceiling to be opened for electrical upgrade; plumbing work as needed; replace light fixtures; repair lath and plaster. Note: Appeal 07-066, same subject property and same permit, was filed on May 7, 2007 by another tenant, Giuliana Rende; this appeal is scheduled for hearing on August 1, 2007. Public hearing held & closed on June 6, 2007. For further consideration today. Matter continued to allow time for parties to reach a settlement.
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ACTION: Withdrawn.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07-018
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JOHN & PAM FLANAGAN, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1689 Sutter Street.
Appealing the denial on February 9, 2007, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 176,676.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to uphold the denial.
SPEAKERS: Carla Short, DPW/BUF; Appellants did not appear.
PUBLIC COMMENT: None.
(5) APPEAL NO. 07-035
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STEPHEN HAIGH, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1245 Masonic Avenue.
Appealing the denial on March 9, 2007, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 176,729.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 1(Commissioner Haaland dissented) to overrule the denial and grant the permit on condition that two (2) replacement trees of a 48 inch box size be planted, and with the species type to be approved by the DPW/BUF.
SPEAKERS: Carla Short, DPW/BUF; Stephen Haigh, Appellant; Roy Leggitt, Agent for Appellant; David Grassi, Agent for Appellant.
PUBLIC COMMENT: Gabriel Berns, Amy Minasian, Paul Minasian, and Carolyn Blair spoke in favor of the Department of Public Works/Bureau of Urban Forest’s decision.
(6) APPEAL NO. 07-037
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THOMAS AGEE, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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Brotherhood Way, from Chumasero Drive to Lake Merced Boulevard.
Protesting the issuance on March 7, 2007, of Permit to Remove Twelve (12) Trees.
ORDER NO. 176,737.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to uphold the permit on condition that three (3) additional trees of a 24 inch box size be planted, with the species and planting location to be determined by the DPW/BUF.
SPEAKER: Carla Short, DPW/BUF; Appellant did not appear.
PUBLIC COMMENT: None.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 07-049
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TOM & BARBARA LATOUR, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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30-32 Castle Street.
Protesting the issuance on April 11, 2007, to Judith Cohen, Sidewalk Landscaping Permit.
FOR HEARING TODAY.
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(7B) APPEAL NO. 07-050
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TOM & BARBARA LATOUR, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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34-36 Castle Street.
Protesting the issuance on April 11, 2007, to Madelyn Chatton, Sidewalk Landscaping Permit.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 - 0 to continue both matters to July 18, 2007 with the Public Hearing closed and for parties to try to reach a settlement.
SPEAKERS: David Cincotta, Attorney for Appellant; Barbara Latour, Co –Appellant; David Stein, Attorney for Permit Holders; Carla Short, DPW/BUF; Judith Cohen, Permit Holder.
PUBLIC COMMENT: Lori Viti spoke in support for the Appellants.
Phil Cosinneau spoke in support for the Appellants.
James Devereaux spoke in favor of the Appellants.
Mary O’hara Devereaux spoke in support for the Appellants.
Michael Bennett spoke in favor of the Appellants.
(8) APPEAL NO. 07-020
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STEPHEN WILLIAMS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner: FRED KARPIK
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2026 Lombard Street.
Protesting a determination dated February 8, 2007, addressed to Principal Engineer Hansom Tom at the Dept. of Building Inspection, regarding clarification of Condition No. 7 of Board of Supervisor’s Motion No. M03-179 (approval of hotel project at subject property).
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to reschedule the matter to 9/19/07, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07-047
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KEN HERRERA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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213-215 Noe Street.
Protesting the issuance on December 5, 2006, to Jesus Marez & Daniel McLean, Permit to Alter a Building (on two-unit building: renew BPA No. 2006/06/05/3197 to complete and continue work [tenant to be vacated from 215A illegal unit; upgraded partitions to 1 hour; remove stove; legalize bathroom and storage rooms]).
APPLICATION NO. 2006/12/05/9168.
JURISDICTION GRANTED APRIL 4, 2007.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to continue the matter to Call of the Chair with the Public Hearing closed, in order to prevent the displacement of current tenant/appellant.
SPEAKERS: Laurence Kornfield, DBI; Amanda Ebbey, Attorney for Appellant; Michel Hall, Attorney for Permit Holders.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-048
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EDWARD IP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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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.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to continue the matter to 7/18/07 with the Public Hearing closed, and for Appellant to seek a settlement with adjacent neighbors and to submit revised plans, and for the Planning Department to review the matter.
SPEAKERS: Laurence Kornfield, DBI; Brett Gladstone, Attorney for Appellant; Pat Buscovich, Agent for Appellant.
PUBLIC COMMNENT: Rosa Dettlig spoke in favor for appellant.
Helen Tam spoke in favor of the DBI decision.
Cerise Cheng spoke in favor o f the DBI decision.
ADJOURNMENT.
There being no further Business, President Knox adjourned the meeting at 9:30 p.m.
Transcripts of these hearing can be obtained from Easteller Bruihl, the Official Court Reporter.
