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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 31, 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.
Thomas Owen, Deputy City Attorney, Office of the City Attorney, (OCA); Ron Tom, Chief Building Inspector, Department of Building Inspection, (DBI); Tina Tam, Senior Planner, Planning Department, (PD); John Kwong, Department of Public Works, Bureau of Street Use and Mapping;
Victor Pacheco, Legal Assistant, for the Board, and Leland Batana, Official Court Reporter.
ABSENT: Robert Feldman, Executive Secretary.
(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) SPECIAL ITEM:
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Informational briefing and discussion of pending legislation to amend the Planning Code, that would continue the requirement for Conditional Use authorization where presently required, to remove dwelling units, and require Conditional Use authorization elsewhere to remove four or more units, and mandate Discretionary Review in every other case. The ordinance, introduced by Supervisor Maxwell, is proposed for recommendation of approval, with significant modifications, at the Planning Commission hearing of February 8, 2007.
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SPEAKERS: Craig Nikitas, Planning Department, (PD) and Pat Buscovich.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2699 Mission Street. Letter from Carmen Ruiz & Maria Andrango, requestors, asking that the Board take jurisdiction over Sidewalk Display Merchandise Permit No. 06D-0398 issued by the Dept. of Public Works Bureau of Street-Use & Mapping (DPW BSM). Permit Holder: Kamel Karajab dba “That’s It Market”.
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ACTION: Upon motion by Vice President Garcia, the Board voted 3 – 2 to deny the Jurisdiction request.
SPEAKERS: Carmen Lemisa Ruiz, co-requestor; Kamel Karajab, permit holder; John Kwong, Department of Public Works and Bureau Street and Mapping, (MSM); Maria Beltran, for appellant; Teresa Garcia, for permit holder; Oscar Grande, for permit holder.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-189
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VLADAMIR GAMMER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1801-1813 Fulton Street.
Protesting the issuance on November 17, 2006, to T-Mobile Omnipoint, Permit to Alter a Building (on multi-unit apartment building: installation of new micro-cell panel antenna enclosed within a faux vent; installation of associated equipment and necessary cabling/cable trays; no new batteries).
APPLICATION NO. 2006/03/21/7213.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 2 – 3 to continue the matter to a date after 02/08/07. The motion failed.
ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 1 to uphold the permit. (Commissioner Haaland dissented).
SPEAKERS: Doug Lorenga, agent for appellant; Paul Albritton, attorney for permit holder;
PUBLIC COMMENT: Aron Zagets for appellant; Vladamir Gammer, for appellant (via translator Inna Ostrovsky Russian); David Tornheim, for appellant; Frieda Humboldt, for appellant; Fay Adelstein, for appellant.
ITEMS (6A), (6B) & (6C) SHALL BEHEARD TOGETHER:
(6A) APPEAL NO. 06-132
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RUSSIAN HILL NEIGHBORS, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1045-1059 Broadway.
Protesting the issuance on August 7, 2006, to Charles Mosser, Permit to Remove One (1) Tree.
ORDER NO. 176, 056.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to reschedule the matter to 3/07/07. None of the parties were present and Commissioner Haaland said that the matter has been settled.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6B) APPEAL NO. 06-133
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RUSSIAN HILL NEIGHBORS, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1045-1059 Broadway, and 1061 Broadway #1,2, and 3.
Protesting the issuance on August 7, 2006, to Charles Mosser, Aaron Buchanan & Pat Milazzo, Joel Camarda, and Jose Gatchalian, Permit to Remove One (1) Tree.
ORDER NO. 176, 057.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to reschedule the matter to 3/07/07. None of the parties were present and Commissioner Haaland said that the matter has been settled.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6C) APPEAL NO. 06-134
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RUSSIAN HILL NEIGHBORS, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1041 Broadway.
Protesting the issuance on August 7, 2006, to Charles Mosser, Permit to Remove Two (2) Trees.
ORDER NO. 176, 055.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to reschedule the matter to 3/07/07. None of the parties were present and Commissioner Haaland said that the matter has been settled.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (7A) & (7B) SHALL BEHEARD TOGETHER:
(7A) APPEAL NO. 06-014
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MALANA MOBERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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869 North Point Street.
Protesting the issuance on January 5, 2006, to North Point Holdings LLC, Permit to Demolish a Building (2-story, single-family house with 1,000sf of ground floor area).
APPLICATION NO. 2005/01/24/3844.
FOR HEARING TODAY.
Note: On March 15, 2006, the Board voted 5-0 to reschedule the matter to the Call of Chair pending resolution of the CEQA appeal at the BOS.
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ACTION: Upon motion by President Knox, the Board voted 5 - 0 to reschedule the matter to call of the chair pending resolution of the CEQA appeal to the Board of Supervisors.
SPEAKERS: Malana Moberg, Appellant; David Cincotta, Attorney for Permit Holder.
PUBLIC COMMENT: None.
(7B) APPEAL NO. 06-194
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BRUCE RADO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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869 North Point Street.
Protesting the issuance on November 30, 2006, to North Point Holdings LLC, Site Permit to Erect a Building (3-story, 3-unit building with 2,450sf of ground floor area).
APPLICATION NO. 2005/01/24/3842S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 -0 to reschedule the matter to call of the chair pending resolution of the CEQA appeal to the Board of Supervisors.
SPEAKERS: Malana Moberg, Appellant; David Cincotta, Attorney for permit holder.
PUBLIC COMMENT: None.
(8) APPEAL NO. V06-185
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MICHAEL MAZZAFERRO
& EDGAR BEALS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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4052 – 21st Street.
Protesting the granting on November 16, 2006, to Gregory Whitfield, Rear Yard Variance (construct a 2nd floor deck with a descending staircase within the required rear yard).
VARIANCE CASE NO. 2006.0740V.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to continue the matter to 3/07/07, to allow variance holder to submit revised plans pursuant to the Board’s comments.
SPEAKERS: Michael Mazzaferro, co- appellant; Gregory Whitfield, variance holder; Tina Tam, PD; Khyber Courchesne, agent for variance holder.
PUBLIC COMMENT: None.
(9) APPEAL NO. 06-186
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ELAINE WHITNEY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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372-374 Capp Street.
Protesting the issuance on November 13, 2006, to Phyllis Chen & Darren Machule, Site Permit to Alter a Building (on 2-unit building: rear stair replacement with decks).
APPLICATION NO. 2005/11/16/8251S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 -0 to waive the Board of Appeals requirement for a court reporter for item No. 9.
ACTION: Upon motion by Commissioner Albright, the Board voted 3 – 2 to uphold the permit on conditions that the 2nd story deck be set-back 3 feet from the property line. Motion failed. Permit upheld with no conditions.
SPEAKERS: Jeremy Paul, agent for appellant; Elaine Whitney, appellant; Damen Machule, co – permit holder; Tina Tam, PD; Ron Tom, DBI.
PUBLIC COMMENT: None.
There being no further business, President Knox Adjourned the meeting at 9:40 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter.
