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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 7, 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); Johnson Ojo, Principal Inspector, Department of Public Health (DPH); Robert Feldman, Executive, Secretary; and Victor Pacheco, Legal Assistant, for the Board; and Easteller Bruihl, 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: Francis David Ryan proposed a motion regarding denial of redevelopment application; David Tornheim spoke in support of David Ryan.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) SPECIAL ITEM:
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Adoption of annual departmental budget for fiscal year 2007-2008.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to continue the matter to 4/4/2007
SPEAKERS: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1945 Pacific Avenue. Permit issued on October 10, 2006. Last day to appeal was October 25, 2006. Jurisdiction request received on January 18, 2007. Letter from Richard Hurlburt, attorney for Bruce Hoban, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2006/10/10/4510. Permit Holder: Daniel Fong. Project: on 12-unit apartment building; remodel three full bathrooms and half bathroom and kitchen in penthouse unit; remodel existing kitchen and bathroom on 1st floor (Unit 2C) per plan.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to deny the Jurisdiction Request. Requestor and Permit Holder did not appear.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4b) ADOPTION OF FINDINGS:
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Subject property at 2440 Scott Street. Discussion and adoption of proposed findings for Appeal No. V06-193, Goldin & Keenan vs. ZA, decided Feb. 7, 2007. At that time, upon motion by Vice President Garcia, the Board voted 5-0 to revoke the subject variance, with findings to be adopted on March 7, 2007. Variance Holder: Kevin Connors Trust. Project: construct a new three-story spiral staircase at the rear of the existing three-story building, variance case no. 2006.0216V.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to adopt the findings.
SPEAKERS: I lene Dick; Attorney for Appellant.
PUBLIC COMMENT: None.
(4c) REHEARING REQUEST:
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Subject property at 1801-1813 Fulton Street. Letter from Vladamir Gammer, appellant, requesting rehearing of Appeal No. 06-189, decided January 31, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to uphold the subject permit. Permit Holder: T-Mobile Omnipoint. Project: 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; BPA No. 2006/03/21/7213.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to reschedule the matter to 4/18/07.
SPEAKER: Tina Tam, Senior Planner requested rescheduling of the matter, due to the Board of Supervisors’ moratorium.
PUBLIC COMMENT: None.
(4d) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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No specific subject property. Determination issued by the Zoning Administrator on May 15, 2006. Last day to appeal was May 30, 2006. Jurisdiction request received on February 8, 2007. Letter from Douglas Loranger, David Tornheim, and San Francisco Neighborhood Antenna-Free Union (SNAFU), requestors, asking that the Board take jurisdiction over a ZA determination regarding whether certain types of wireless telecommunication facilities qualify as accessory uses under the Planning Code. Determination Holder: T-Mobile – Omnipoint.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to reschedule the matter to 4/18/07.
SPEAKER: Tina Tam, Senior Planner requested rescheduling of this matter, due to the Board of Supervisors’ moratorium.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-109
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GALINA SMIRNOVA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1270-1272 – 47th Avenue.
Protesting the issuance on July 11, 2006, to W. Szmokaluk, Permit to Alter a Building (on 2-unit building: remove sheet rock; sand and refinish floors; repair bathroom tile; paint walls; replace dishwasher; comply with NOV No. 200670570; all work in Unit 1272).
APPLICATION NO. 2006/07/11/6185.
FOR REHEARING TODAY. Note: On September 13, 2006, the Board voted 5-0 to revoke the subject permit. On October 18, 2006, the Board voted 4-0-1 (RH absent) to grant the permit holder’s rehearing request, and to schedule the rehearing to the Call of Chair pending resolution of the probate court proceedings.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to uphold the permit on condition that the executor of the estate pursue additional permits to abate all outstanding building code violations.
SPEAKERS: Galina Smirnova, Appellant; Richard Palechar, Attorney for Appellant; Wallace Szmokaluk, Permit Holder; Laurence Kornfield, (DBI).
PUBLIC COMMENT: None.
(6) 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.
PUBLIC HEARING HELD & CLOSED ON JANUARY 31, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for variance holder to submit revised plans pursuant to the Board’s comments.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to continue to Call of the Chair for parties and Zoning Administrator to work out a new set of revised plans.
SPEAKERS: Gregory Whitfield, Variance Holder; Tina Tam, (PD); Michael Mazzaferro, Co-Appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 06-187
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GREG GRIFFIN
dba “BARBER LOUNGE”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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854 Folsom Street.
Appealing a Health Permit Zoning Referral, dated November 28, 2006, addressed to Greg Griffin, which states that massage establishments are not allowed as a primary or accessory use in South of Market Zoning Districts, per Planning Code §§ 803.4 and 803.3(b)(1)(C)(ii).
PUBLIC HEARING HELD & CLOSED ON JANUARY 10, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow appellant time to research alternative options pursuant to the Board’s comments.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to uphold the Zoning- Administrator Health Permit referral.
SPEAKERS: Appellant did not appear.
PUBLIC COMMENT: None.
(8) APPEAL NO. 06-203
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GURLAL SINGH
dba “LIBERTY MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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5851 Geary Boulevard.
Appealing a 15-day suspension of a Tobacco Product Sales Establishment Permit, imposed on December 18, 2006. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-06-297.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to uphold the 15 day suspension.
SPEAKERS: Johnson Ojo Principal Inspector (DPH) and Gundal Singh, Appellant.
PUBLIC COMMENT: None.
ITEMS (9A), (9B) & (9C) SHALL BEHEARD TOGETHER:
(9A) 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 Fung, the Board voted 5 – 0 to reschedule all three matters to Call of the Chair. (Pending a final resolution of negotiations)
SPEAKERS: Appellant and Department of Public Works; Bureau of Urban Forestry (DPW-BUF); did not appear.
PUBLIC COMMENT: None.
(9B) 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 Fung, the Board voted 5 – 0 to reschedule all three matters to Call of the Chair. (Pending a final resolution of negotiations)
SPEAKERS: Appellant and Department of Public Works; Bureau of Urban Forestry (DPW-BUF) did not appear.
PUBLIC COMMENT: None.
(9C) 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 Fung, the Board voted 5 – 0 to reschedule all three matters to Call of the Chair. (Pending a final resolution of negotiations)
SPEAKERS: Appellant, Department of Public Works; and Bureau of Urban Forestry (DPW-BUF); and Department of public Health (DPH) did not appear.
PUBLIC COMMENT: None.
(10) APPEAL NO. 06-204
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SUSAN & WALTER PFAU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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177 Majestic Avenue.
Appealing the imposition of penalty on December 29, 2006, for work done without a permit (on single family house: remove illegal kitchen in garage area and restore to original design; comply with NOV No. 200672442; legalize deck; legalize bedroom in basement below garage level).
APPLICATION NO. 2006/11/09/7301.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reduce the penalty to two times the regular fee.
SPEAKERS: Laurence Kornfield, (DBI); Walter Pfau, Appellant.
PUBLIC COMMENT: None.
(11) APPEAL NO. 06-200
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TRUST OF REGAN CARROLL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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1179-1189 Tennessee Street.
Appealing the denial on December 21, 2006, of Site Permit to Erect a Building (4-story, 8-unit residential/commercial building with 5,580sf of ground floor area).
APPLICATION NO. 9902819S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 1 – 4 to uphold the denial. Motion failed.
ACTION: Upon motion by Commissioner Albright, the Board voted 2 – 3 to uphold the denial. Motion passed. Four votes are needed to overrule Department denial.
ACTION: Upon motion by President Knox, the Board voted 5 – 0 to deny all 3 motions suggested by Appellant’s Attorney.
SPEAKERS: Tina Tam, PD; Thomas Lippe, Attorney, for Appellant; Regan Carroll, Appellant.
PUBLIC COMMENT: None.
(12) APPEAL NO. 06-205
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MIKE & LEE ANN NAPOLITANA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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3827 California Street.
Appealing the denial on December 15, 2006, of Site Permit to Alter a Building (on two-unit building: remove basement dwelling unit and install garage; interior remodel as shown).
APPLICATION NO. 2006/02/07/4026S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 1 to overrule the denial and grant the permit with findings to be adopted on 3/21/07.
SPEAKERS: Tina Tam, PD; Jeremy Paul, Agent for Appellant.
PUBLIC COMMENT: Guenther Stottmeister spoke in favor of the Appellant and said the parking situation is terrible in the neighborhood and the variance should be approved.
There being no further business, President Knox adjourned the meeting at 8:35 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.
