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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, SEPTEMBER 12, 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); Edward Sweeney, Senior Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); William Coggan, Sergeant, San Francisco Police Department (SFPD); Robert Feldman, Executive Secretary; and Manuel Payes, Typist Clerk; Easteller Bruihl, Official Court Reporter.
ABSENT: Victor Pacheco, Legal Assistant.
(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: None.
(4) APPEAL NO. 07-009
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CITY LIGHTS PARTNERSHIP, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2130 Leavenworth Street #9.
Appealing a Notice of Violation dated January 17, 2007, addressed to Tom Zimmerman and City Lights Partnership c/o Shirley Ann Walker, that the subject property is being operated in a manner consistent with that of a hotel, in violation of Planning Code § 209.2(d).
PUBLIC HEARINGS HELD & CLOSED ON MARCH 21, 2007 & JUNE 13, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to finalize a settlement regarding the sound transmission issue.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland dissented) to overrule the Notice of Violation with conditions as outlined in the 8/22/07 letter to the Board.
SPEAKERS: Andrew August, Attorney for Appellant; Scott Sanchez, PD; Edward Hartley, Attorney for Neighbors.
PUBLIC COMMENT: None.
(5) 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.
PUBLIC HEARING HELD & CLOSED ON JUNE 20, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to seek a settlement with the adjacent neighbors, to submit revised plans, and for the Planning Department to review the matter.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to continue the matter to 10/3/07, at the written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 07-094
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KENNETH CISNE JR.
dba “KEN’S TOWING”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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1229 Underwood Avenue.
Appealing the revocation on May 30, 2007, of Tow Car Firm Permit (P51).
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to overrule the revocation on condition that the appellant pay the remaining account balance and provide satisfactory proof of workers compensation insurance.
SPEAKERS: Sergeant William Coggan, for SFPD; Kenneth J. Cisne Jr., Appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-082
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PETER SCHUMACHER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1327-1329 – 5th Avenue.
Appealing the imposition of penalty on May 29, 2007, for work done without a permit (on two-unit building: comply with correction orders per NOV No. 200700901).
APPLICATION NO. 2007/05/18/1697.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to reduce the penalty to two times the regular fee.
SPEAKERS: Edward Sweeney, for DBI; Peter Schumacher, Appellant.
PUBLIC COMMENT: None.
(8) APPEAL NO. 07-084
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MARTIN BILAFER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1985 Grove Street.
Appealing the imposition of penalty on May 23, 2007, for work done without a permit (on ten-unit apartment building: kitchen remodel for Apt. Nos. 7 & 10).
APPLICATION NO. 2007/02/22/4703.
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: Edward Sweeney, for DBI; Martin Bilafer, Appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 07-085
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MARTIN BILAFER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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355 Octavia Street.
Appealing the imposition of penalty on May 23, 2007, for work done without a permit (on 21-unit apartment building: kitchen cabinet/counter top replacement).
APPLICATION NO. 2007/03/13/6087.
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: Edward Sweeney for DBI; Martin Bilafer, Appellant.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-089
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MARTIN SINGER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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60 Nebraska Street.
Appealing the imposition of penalty on June 8 2007, for work done without a permit (on single-family house: create new study room in basement; legalize existing bathroom in basement; reinforce existing foundation at ground floor north wall).
APPLICATION NO. 2007/06/05/3026.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 – 0 to reduce the penalty to two times the regular fee.
SPEAKERS: Edward Sweeney, for DBI; Martin Singer, Appellant.
PUBLIC COMMENT: None.
ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 07-074
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DEBORAH STOTT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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124 -128 Fillmore Street.
Protesting the issuance on May 8, 2007, to David Nale, Site Permit to Alter a Building (on three-unit apartment building: garage in rear yard; variance application filed; roof deck over garage; three-car car lift).
APPLICATION NO. 2005/06/17/5345S.
FOR HEARING TODAY.
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(11B) APPEAL NO. 07-088
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DAVID NALE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. REQUEST FOR SUSPENSION
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124-126 Fillmore Street.
Appealing the suspension on May 22, 2007, of Building Permit Application No. 2005/06/17/5345. Reason for suspension: a bed and breakfast is operating at the subject property without Conditional Use (CU) authorization from the Planning Commission.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to reschedule both matters to 11/14/07.
SPEAKERS: Tex Ritter, Attorney for Permit Holder; Deborah Stott, Appellant.
PUBLIC COMMENT: None.
(12) APPEAL NO. 07-090
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REGINA McCLENDON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: DANIEL WALSH
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67 Madrone Avenue.
Appealing the denial on June 8, 2007, of Site Permit to Alter a Building (on single-family house: add new bedroom and bathroom on 1st floor; remodel existing kitchen and relocate existing bedroom on 2nd floor; add new master bedroom and bathroom on 3rd floor).
APPLICATION NO. 2006/10/06/4439S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Knox, the Board voted 5 - 0 to overrule the denial with findings to be adopted at a later time.
SPEAKERS: Tina Tam, for PD; Joel Yodowitz, Attorney for Appellant; Kotas Pantaleone, Architect for Appellant.
PUBLIC COMMENT: Terry Gaynor, Lisa Walsh, Antoinette Farmer, Mary Volkov, Nancy Singleton, Mark Kenny and Maria Sarnsens spoke in favor of the § 14 Party.
Kristina Doorlag spoke in favor of the appellant.
ITEMS (13A), (13B) & (13C) SHALL BE HEARD TOGETHER:
(13A) APPEAL NO. 07-091
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JANO AVANESSIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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355-375 Fremont Street
Protesting the issuance on May 24, 2007, to Fifield Development, Permit to Demolish a Building (two-story office building with 16,900sf of ground floor area).
APPLICATION NO. 2006/07/06/5800.
FOR HEARING TODAY.
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(13B) APPEAL NO. 07-092
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JANO AVANESSIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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385 Fremont Street
Protesting the issuance on May 24, 2007, to Fifield Development, Permit to Demolish a Building (one-story auto shop with 6,500sf of ground floor area).
APPLICATION NO. 2006/07/06/5797.
FOR HEARING TODAY.
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(13C) APPEAL NO. 07-093
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JANO AVANESSIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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399 Fremont Street
Protesting the issuance on May 24, 2007, to Fifield Development, Permit to Demolish a Building (three-story self-storage building with 11,050sf of ground floor area).
APPLICATION NO. 2006/07/06/5789.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to uphold all three demolition permits.
SPEAKERS: Jano Avenessian, Appellant; Albert Costa, Architect for Appellant; Steven Vettel, Attorney for Permit Holder; Steve Kuklin, Permit Holder.
PUBLIC COMMENT: None.
(14) APPEAL NO. 07-098
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DOLORES STREET
HOLDINGS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1266B Dolores Street.
Appealing a Notice of Violation dated June 1, 2007, addressed to Dolores Street Holdings LLC, regarding the unauthorized demolition of a previously existing (non-complying) one-story rear addition at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to overrule the Notice of Violation with conditions as read into the record.
SPEAKERS: Tina Tam, for PD; Lu Blazej, Agent for Appellant; Ephraim Gordon, Engineer for Appellant; Edward Sweeney, for DBI; Patrick Buscovich, Agent for Appellant.
PUBLIC COMMENT: Jeff Berry spoke in favor of the Appellant; and Mark Fellman, Anne Walzer, Rubeut Gluck, Cindy Ossias, and Janet Cochrane spoke in favor of the ZA.
ADJOURNMENT.
There being no further business, President Knox adjourned the meeting at 9:50 p.m.
Transcripts of these hearings can be obtained from Easteller Bruihl the Official Court Reporter.
