2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 29, 2009
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Tanya Peterson, Commissioner Michael Garcia, Commissioner Kendall Goh, and Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Patrick O’Riordan, Senior Building Inspector, Department of Building Inspection (DBI); Hanson Tom, DBI; Lawrence Badiner, Zoning Administrator (ZA); Scott Sanchez, Planner, Planning Department (PD); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.
(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) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the July 8, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the July 8, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 66 Page Street. Letter from David Collins, requestor, asking that the Board take jurisdiction over BPA Nos. 2008/09/16/1710 and 2009/05/18/8580, which were issued on Jan. 13, 2009 and May 19, 2009, respectively, and for which the appeal periods lapsed on Jan. 28, 2009 and June 3, 2009, respectively. Permit Holder: French American International School. Project, 1st permit: change of use from auto repair to school; renovation of existing space; no additional area to be added; interior demo work; new interior walls; mechanical, electrical systems; perform code required seismic upgrade. Project, 2nd permit: remedial work to existing parapet; change of use under previously approved BPA No. 2008/09/16/1710.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 2 – 3 (Vice President Peterson and Commissioners Goh and Mandelman dissenting) to deny the requests to allow late filing of appeals. The motion failed for a lack of three votes; with four votes needed to grant jurisdiction, jurisdiction is denied.
SPEAKERS: Clifford Fried, attorney for requestor; Pat Buscovich, agent for requestor; Harry O’Brien, attorney for permit holder; Josh Cohn, agent for permit holder; Scott Sanchez, PD; Patrick O’Riordan, DBI; Hanson Tom, DBI.
PUBLIC COMMENT: Alexandria Perez, Trevor Zimmer and Michael Perry spoke in favor of the requestor; Father John Porter and Andrew Mogrelia spoke in favor of the permit holder.
(5) APPEAL NO. 07-152
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SHUFEN WU & YUPING MEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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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.
PUBLIC HEARING HELD AND CLOSED ON JULY 16, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow appellants to remain in the subject illegal unit, and with status reports due from both parties on July 15, 2009.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue the item to July 2010, with status reports from both parties in person due at that time.
SPEAKERS: Shufen Wu, appellant (speaking through translator Dorothy Wong); William Quan, agent for permit holder; Patrick O’Riordan, DBI; Lawrence Badiner, ZA.
PUBLIC COMMENT: None.
(6) APPEAL NO. 09-058
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TAO TSING FAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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124 Onondaga Ave.
Appealing the denial on May 21, 2009, of Homeowners Plumbing Permit.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue the item to September 9, 2009, to allow time for the appellant and DBI to work on a resolution of this matter.
SPEAKERS: Tao Tsing Fan, appellant; Patrick O’Riordan, DBI.
PUBLIC COMMENT: None.
(7) APPEAL NO. 09-037
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ANDREAS MOURELATOS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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485 Corbett Avenue.
Protesting the issuance on April 3, 2009, to Samuel Kwong & Corinna Chan, Permit to Alter a Building (remodel each level of single-family dwelling; add second single-family dwelling with second single-car garage; build into required rear yard per approved variance; sprinkler system under separate permit for completed four-story structure; add decks at rear).
APPLICATION NO. 2008/09/08/0981S.
PUBLIC HEARING HELD AND CLOSED ON JUNE 17, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to submit additional info pursuant to the board’s comments.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Andreas Mourelatos, appellant; Alex Mourelatos, agent for appellant; Patricio Garcia, agent for permit holder; Don David, agent for permit holder; Scott Sanchez, PD; Patrick O’Riordan, DBI; Hanson Tom, DBI.
PUBLIC COMMENT: None.
(8) APPEAL NO. V09-050
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RONALD PITOSCIA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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45 Cervantes Blvd.
Protesting the granting on May 15, 2009, to Michael Barker, Rear Yard and Non-Complying Structure Variances (construct a new deck and exit stairs at the rear of the three-story, two-family dwelling).
VARIANCE CASE NO. 2009.0039V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 2 – 3 (President Fung and Commissioners Goh and Mandelman dissenting) to uphold the variance. The motion failed for a lack of three votes; with four votes needed to overturn the variance, the variance is upheld.
SPEAKERS: Ronald Pitoscia, appellant; Greg Kempton, agent for variance holder; Lawrence Badiner, ZA; Patrick O’Riordan, DBI.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 8:20 p.m.
