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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, MARCH 19, 2008

 

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

 

PRESENT:  President Michael Garcia, Commissioner Frank Fung, Commissioner Randall Knox, Commissioner Tanya Peterson, Commissioner Robert Haaland.

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; Virginia O’Rear, Official Court Reporter.

 

 

(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)    ELECTION OF VICE PRESIDENT: 

 

ACTION:  Commissioner Knox nominated Commissioner Haaland for Vice President; President Garcia nominated Commissioner Fung for Vice President.  Afterwards, the Board voted 3 – 2 to elevate Commissioner Fung to Vice President.

 

SPEAKERS:  The following people spoke in favor of Commissioner Haaland: Debra Walker, Theresa Sparks, David Campos, Jerry Berbian, Chris Daly; Russell Kyle, Sasha Magee, Rommie Whitaker, Enrique Asis, John Avalos, Morningstar Vaneil, Gil Canedo, Denise Dorey, Josue Reyes, Mira Ingram, Rev. Randi Webster, Christina Olague, and Tab Buckner.

 

 

 

(3)    COMMISSIONERS COMMENTS & QUESTIONS: 

 

SPEAKERS:  None. 

 

(4)    ADDENDUM ITEMS: 

 

(4a)  ADOPTION OF FINDINGS:                              

Subject property at 124-128 Fillmore Street.  Appeal No. 07-074, decided Jan. 30, 2008.  At that time, upon motion by Commissioner Haaland, the Board voted 5-0 to revoke the permit with findings to be adopted at a later time.  Permit Holder: David Nale.  Project: on three-unit apartment building; garage in rear yard; variance application filed; roof deck over garage; three-car car lift; BPA No. 2005/06/17/5345S.

 

ACTION:  Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule the matter to April 2, 2008, at the prior written request of the parties.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(4b)  ADOPTION OF FINDINGS:                              

Subject property at 2348 – 9th Avenue.  Appeal No. 07-215, decided Feb. 6, 2008.  At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Knox absent) to overrule the denial, and grant the permit with findings and revised plans to be adopted at a later time.  Appellant: Jack Yee Mar.  Project: on single-family house: add new family room and sun room/green house; clear NOV No. 200677612; BPA No. 2007/02/09/3797S.

 

ACTION:  Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule the matter to April 2, 2008, at the prior written request of the parties.

 

SPEAKERS:  Brett Gladstone, attorney for appellant.

 

PUBLIC COMMENT:  None.

 

 

(4c)  ADOPTION OF FINDINGS:                              

Subject property at 230 Rhine Street.  Appeal No. V07-216, decided Feb. 6, 2008.  At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Knox absent) to overrule the denial, and grant the variance with findings to be adopted at a later time.  Appellants: Dimas and Blanca Oliva.  Project: legalize “as built” vertical and horizontal addition to the detached garage structure at the rear of the lot, and remove the illegal dwelling unit within; Variance Case No. 2006.0753V.

 

ACTION:  Upon motion by President Garcia, the Board voted 5 – 0 to adopt the findings.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(4d)  REHEARING REQUEST:                                 

Subject property at 2283-2297 Market Street.  Letter from Ken Finney, attorney for Clear Channel Outdoor, permit holder, requesting rehearing of Appeal No. 07-075, Lee vs. DBI, PDA, decided Oct. 17, 2007,  At that time, upon motion by Commissioner Albright, the Board voted   4-0-1 (Commissioner Fung absent) to revoke the subject permit with findings to be adopted at a later date.  Permit Holder: Clear Channel Outdoor.  Project: on commercial building, voluntary removal, razing and demolition of non-conforming/non-complying general advertising sign per Planning Code §§ 181(b), 188(b), and 604 (b); once commenced, demolition should be completed within a reasonable time); BPA No. 2007/05/09/0828.  Note: If this Rehearing Request is granted, then Item 4e, Adoption of Findings for 07-075, shall be moot, and will not be considered by the Board.

 

ACTION:  Upon motion by President Garcia, the Board voted 3 – 2 (Commissioners Peterson and Haaland dissented) to deny the rehearing request.

 

SPEAKERS:  Ken Finney, attorney for permit holder; Brett Gladstone, attorney for appellant.

 

PUBLIC COMMENT:  None.

 

 

(4e)  ADOPTION OF FINDINGS:                              

Subject property at 2283-2297 Market Street.  Appeal No. 07-075, Lee vs. DBI, PDA, decided Oct. 17, 2007,  At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Fung absent) to revoke the subject permit with findings to be adopted at a later date.  Permit Holder: Clear Channel Outdoor.  Project: on commercial building, voluntary removal, razing and demolition of non-conforming/non-complying general advertising sign per Planning Code §§ 181(b), 188(b), and 604 (b); once commenced, demolition should be completed within a reasonable time); BPA No. 2007/05/09/0828.

 

ACTION:  Upon motion by President Garcia, the Board voted 3 – 2 (Commissioners Peterson and Haaland dissented) to adopt the findings by the OCA with no changes.

 

SPEAKERS:  Ken Finney, attorney for permit holder; Brett Gladstone, attorney for appellant; Aaron Peskin, BOS; Scott Sanchez, PD; Tony Lee, co-appellant.

 

PUBLIC COMMENT:  None.

 

 

(4f)  ADOPTION OF FINDINGS:                               

Subject property at 1801 Turk Street.  Appeal No. 07-128, Erkelens vs. DBI, PDA, decided  Dec. 12, 2007,  At that time, upon motion by Commissioner Fung, the Board voted 5-0 to revoke the subject permit with a finding that the building permit application had faulty representations, with further findings to be adopted at a later date.  Permit Holder: Clear Channel Outdoor.  Project: on 21-unit apartment building, voluntary removal, razing and demolition of non-conforming, non-complying general advertising sign per plans; BPA No. 2007/06/28/5493.

 

ACTION:  Upon motion by Commissioner Knox, the Board voted 3 – 2 (Commissioners Peterson and Haaland dissented) to adopt the findings by the OCA as amended.

 

SPEAKERS:  Ken Finney, attorney for permit holder; Brett Gladstone, attorney for appellant.

 

PUBLIC COMMENT:  None.

 

 

(4g)  REHEARING REQUEST:                                 

Subject property at 2642-2644 Hyde Street.  Letter from Edgar Brincat, agent for Arza Trust, appellant, requesting rehearing of Appeal No. V05-129, decided Feb. 20, 2008.  At that time, upon motion by President Garcia, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the subject variances.  Variance Holder: Billie Cayot.  Project:  Rear Yard & Non-Complying Structure Variances; replace an existing 2nd floor balcony within the required rear yard of the existing two-family structure; the cantilevered balcony would be approximately 12 feet wide, 3 feet deep, and set back approximately 5 feet from each side property line; Variance Case No. 2004.1312V.

 

ACTION:  Upon motion by Vice President Fung, the Board voted 4 – 1 (Commissioner Peterson dissented) to deny the rehearing request.

 

SPEAKERS:  Edgar Brincat, agent for appellant; Robert Mittelstadt, agent for variance holder; Scott Sanchez, PD.

 

PUBLIC COMMENT:  None.

 

 

(4h)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:

Revocation letter from Taxi Commission dated Feb. 13, 2008.  Last day to appeal was Feb. 28, 2008.  Jurisdiction request received on March 3, 2008.  Letter from Zadik Shapiro, attorney for Grasshopper Alec Kaplan, requestor, asking that the Board take jurisdiction over the Taxi Commission’s revocation of Mr. Kaplan’s color scheme permit, A-card (driver permit), and medallion (taxi permit).

 

ACTION:  Upon motion by Vice President Fung, the Board voted 5 – 0 to continue the matter to April 2, 2008, with the public hearing closed to allow time for the requestor and TC to seek a settlement of the matter.

 

SPEAKERS:  Zadik Shapiro, attorney for requestor; Heidi Machen, TC.

 

PUBLIC COMMENT:  None.

 

 

(5)  APPEAL NO. 07-152

SHUFEN WU & YUPING MEI, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

1734-1740 Mason Street.

Protesting the issuance on August 23, 2007, to Quan/Mason Family Ltd. Partnership, Permit to Alter a Building (on seven-unit apartment building: renewal of BPA No. 2005/11/03/7384 – revert illegal unit in basement to storage and ½ bath; no wet bar).

APPLICATION NO. 2007/08/23/0753.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule the matter to June 4, 2008.

 

SPEAKERS:  Shu Fen Wu, appellant; William Quan, permit holder.

 

PUBLIC COMMENT:  None.

 

 

(6)  APPEAL NO. 07-177

STEPHEN WILLIAMS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

652 Duncan Street.

Protesting the issuance on September 7, 2007, to Eric Hansen, Site Permit to Alter a Building (on single-family house: horizontal addition; vertical addition; remodel kitchen; seismic improvement and general renovations).

APPLICATION NO. 2005/12/23/0995S.

FOR HEARING TODAY.  Note: On Dec. 12, 2007, the Board voted 5-0 to reschedule the matter to Call of Chair pending resolution of the Cat Ex appeal at the BOS.

 

ACTION:  Upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Haaland dissented) to uphold the permit.

 

SPEAKERS:  Stephen Williams, appellant; Kristin Hansen, co-permit holder; Brett Gladstone, attorney for permit holders; Scott Sanchez, PD; Chad Hamilton, agent for permit holder.

 

PUBLIC COMMENT:  The following people spoke in favor of the appellant:  Steve Condiotti, Suzy LaMarca, Diane McCarney, Pauline Shulman, Mike Miller, and Sophie Beraznik.  The following people spoke in favor of the permit holders:  David Gellman, Louise Zweben, Laura Grebene, Mina Kenvin, and Marta McLeod.

 

 

(7)  APPEAL NO. 07-228

ROSS MOORE & EARL STOKES, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

377 Cumberland Street.

Protesting the issuance on Dec. 7, 2007, to Lindy Joffe, Permit to Alter a Building          (on single-family house: construct deck at rear of property; replace fence; and construct garden shed).

APPLICATION NO. 2007/12/07/9980.

FOR HEARING TODAY.

 

ACTION:  Withdrawn by appellants.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(8)  APPEAL NO. 08-006

AHMAD LARIZADEH, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

1875 Geary Blvd.

Appealing a Letter of Determination dated Jan. 8, 2008, regarding the filling in of windows along the Geary Blvd. Frontage of the subject building.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Haaland, the Board voted 5 – 0 to reschedule the matter to April 9, 2008.

 

SPEAKERS:  Scott Sanchez, PD.

 

PUBLIC COMMENT:  None.

 

 

(9)  APPEAL NO. 08-011

FRANK COX, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

660 Kearny Street.

Appealing a Letter of Determination dated Jan. 10, 2008, regarding a proposal for a      7-Eleven store with 24-hour operation at the subject property.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Haaland, the Board voted 5 – 0 to uphold the ZA’s Letter of Determination

 

SPEAKERS:  Scott Sanchez, PD.

 

PUBLIC COMMENT:  None.

 

 

There being no further business, President Garcia adjourned the meeting at 9:00 pm.