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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 17, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Randall Knox, Vice President Michael Garcia, 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); Scott Sanchez, Planner, Planning Department (PD); Cecilia Mangoba, (DPH/EHS); Robert Feldman, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.
ABSENT: Commissioner Frank Fung.
(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: Monio Pilpel and Silvia Johnson.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(2) ADDENDUM ITEMS:
(3a) 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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(3b) 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 Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to continue both matters to 10/24/07 with the public hearing closed.
SPEAKERS: Rose Tom – Tsai, requestor; David Silverman, attorney for permit holder; Scott Sanchez, PD; Jimmy Chan, permit holder.
PUBLIC COMMENT: Sean Keishran, Angus McCarthy, John O’Connor, and Silvia Johnson spoke in favor of the requestor.
(3c) ADOPTION OF FINDINGS:
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Subject property at 3099 – 22nd Street. Appeal No. 07-067, KAWBHC LLC vs. ZA, decided Sept. 19, 2007, At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to overrule the Letter of Determination with findings to be adopted at a later date. Determination: regarding a Notice of Special Restrictions (NSR) for the proposed new construction at the subject property and those adjacent lots that were originally formed from lot 034A.
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ACTION: Upon motion by Vice President Garcia, the Board voted 3 – 1 – 1 (Commissioner Haaland dissented and Commissioner Fung absent) to adopt the findings as amended.
SPEAKERS: None.
PUBLIC COMMENT: Silvia Johnson spoke in favor of the ZA.
(3d) REHEARING REQUEST:
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Subject property at 266 Sutter Street, 5th Floor. Letter from Arthur Liu, attorney for Dynamic Acupuncture & Acupressure Clinic, appellant, requesting rehearing of Appeal No. 07-101, D.A.A.C. vs. ZA, decided Sept. 19, 2007. At that time, upon motion by Vice President Garcia, the Board voted 2-2-1 (President Knox and Commissioner Haaland dissented, Commissioner Albright absent) to uphold the subject Notice of Violation (NOV) regarding the establishment of a non-authorized massage establishment at the subject property. Four votes being required to overturn a departmental action under the City Charter, the subject NOV was upheld.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to reschedule the matter to 12/12/07 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07-126
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AZAR BROTHERS INC.
dba “CIGARETTES FOR LESS”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1053 Market Street.
Appealing a fifteen (15) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 11, 2007. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-07-167.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 2 – 2 – 1 (President Knox and Vice President Garcia dissented and Commissioner Fung absent) to overrule the Department of Public Health and impose a 25 – day suspension. Motion failed for lack of four votes and the Department of Public Health’s 15 – day suspension was upheld.
SPEAKERS: Cecilia Mangoba, DPH; Robert Ziegler, SFPD; Rachel Mahoney, SFPD decoy; Samer Danfouna, attorney for appellant.
PUBLIC COMMENT: Emad Hamash through translator Azar Azar, and Silvia Johnson spoke in favor of the appellant.
(5) APPEAL NO. 07-075
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CHEOL HOON LEE & TONY LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2283-2297 Market Street.
Protesting the issuance on May 9, 2007, to Clear Channel Outdoor, Permit to Alter a Building (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).
APPLICATION NO. 2007/05/09/0828.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board 4 – 0 -1 (Commissioner Fung absent) to revoke the permit with findings to be adopted at a later date.
SPEAKERS: Tony Lee, co-appellant; Brett Gladstone, attorney for appellant; Laura Toncheff, attorney for permit holder; Ken Finney, attorney for permit holder; Christine Van Aiken, OCA; Scott Sanchez, PD.
PUBLIC COMMENT: JD Petras, Jeremy Paul, Janan New, Ken Cleaveland, Hun Kim, Petra Chavez, Brook Turner, Pat Buscovich, Andrew Long, Alan Escoveda; Joe Harner, Robert Klausner, Anthony Azzolini, Philip Fernandez, Abol Hosseinionin, Giles Desaulniers, Ray Barroca, Jennifer Toy, and Ron Dion spoke in favor of the appellant.
(6) APPEAL NO. 07-108
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ADVSERTISING
DISPLAY SYSTEMS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Sign Owner: CLEAR CHANNEL OUTDOOR
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2498 Lombard Street.
Appealing a Letter of Determination dated June 20, 2007, addressed to Gerald Murphy at Luce Forward LLC, regarding the legality of the general advertising sign at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia the Board voted 4 – 0 – 1 (Commissioner Fung absent) to uphold the Zoning Administrator letter of the determination.
SPEAKERS: Scott Sanchez, PD; Gerald Murphy, attorney for appellant; Patrick Tinsley, agent for appellant; Pat Buscovich, agent for appellant, Ken Finney, attorney for sign owner; Rodrigo Santos, agent for sign owner; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-121
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ASA MURPHY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3921 – 21st Street.
Protesting the issuance on July 9, 2007, to Pamela Meuser, Site Permit to Alter a Building (on single-family house: add upper floor with one bedroom and one bath).
APPLICATION NO. 2005/12/23/0981S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to uphold the permit.
SPEAKERS: Steve Williams, attorney for permit holder; appellant did not appear.
PUBLIC COMMENT: None.
(8) APPEAL NO. 07-122
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SONDRA LEQVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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331 Filbert Street.
Protesting the issuance on July 9, 2007, to Peter Dwares, Site Permit to Alter a Building (on three-unit apartment building: addition of elevator at rear of building).
APPLICATION NO. 2004/07/30/0251S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to reschedule the matter to 12/12/07 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 07-123
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S.D. SCANNON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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23 Belmont Avenue.
Protesting the issuance on July 16, 2007, to Belmont Court LLC, Permit to Alter a Building (on single-family house: landscape retaining walls in rear yard).
APPLICATION NO. 2007/07/16/6884.
FOR HEARING TODAY.
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(9B) APPEAL NO. 07-141
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S.D. SCANNON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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23 Belmont Avenue.
Protesting the issuance on August 6, 2007, to Belmont Court LLC, Permit to Alter a Building (on single-family house: parapet around lower roof; change window to door; parapet on southwest corner – approx. 10’ long and 6’ wide; no structural changes needed; height of parapet approx. 36” from height of interior finished floor; “as is” revision to BPA No. 2006/10/25/5991).
APPLICATION NO. 2007/08/06/8855.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to uphold both permits.
SPEAKERS: S.D. Scannon, appellant; Joel Yodowitz, attorney for permit holder; Scott Sanchez, PD; Laurence Kornfield, DBI.
PUBLIC COMMENT: Nigel Chanter spoke in favor of the permit holder.
(10) APPEAL NO. 07-125
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SONDRA LEQVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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110 Alta Street.
Protesting the issuance on July 9, 2007, to Peter Dwares, Site Permit to Alter a Building (on three-unit apartment building: in-fill addition at 2nd floor at rear of building).
APPLICATION NO. 2004/07/30/0249S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to reschedule the matter to 12/12/07 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
APPEAL NO. 07-128
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LINDA ERKELENS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1801 Turk Street.
Protesting the issuance on July 18, 2007, to Clear Channel Outdoor, Permit to Alter a Building (on 21-unit apartment building: voluntary removal, razing and demolition of non-conforming, non-complying general advertising sign per plans).
APPLICATION NO. 2007/06/28/5493.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to continue the matter to 12/12/07 with the public hearing closed, to allow time for the parties to negotiate.
SPEAKERS: Linda Erkelens, appellant; Brett Gladstone, attorney for appellant; Ken Finney attorney for permit holder; Scott Sanchez, PD; Laurence Kornfield, DBI; Christine Van Aiken, OCA; Laura Toncheff, attorney for permit holder;
PUBLIC COMMENT: Jennifer Toy and Pat Buscovich spoke in favor of the appellant.
(12) APPEAL NO. 07-129
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KOON KOON LOUIE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3811-3813 – 18th Street.
Protesting the issuance on July 16, 2007, to Anthony Richardson, Permit to Alter a Building (on two-unit building: replace roof with shallower slope and maintain riddle; construct three new bedrooms and one bath at new third floor; add garage to first floor; relocate first floor bed/living room and kitchen to rear of building; replace existing aluminum siding; new 53sf entry porch at front; new 55sf elevated deck at rear).
APPLICATION NO. 2005/08/22/0779S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to uphold the permit.
SPEAKERS: Koon Koon Louie, appellant; Dorothy Wong, translator for appellant; Anthony Richardson, permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: So King Yan through translator, Dorothy Wong and Silvia Johnson spoke in favor of the appellant.
ADJOURNMENT.
There being no further business, President Knox adjourned the meeting at 11:40 pm.
