2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, APRIL 2, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President 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); Tina Tam, Senior Planner, Planning Department (PD); Jordanna Thigpen, Executive Director, Taxi Commission (TC); 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) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) SPECIAL ITEM:
|
Public hearing to discuss an amendment to Article IV of the Board rules to designate the SFGTV recording as the Board’s official record. No action will be taken. For discussion only.
|
ACTION: Rescheduled to April 16, 2008.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
|
Subject property at 1179-1189 Tennessee Street. Letter from Thomas Lippe, attorney for Trust of Regan Carroll, appellant, requesting rehearing of Appeal No. 06-200, decided March 7, 2007. At that time, upon motion by Commissioner Albright, the Board voted 2-3 (President Knox, Vice President Garcia, and Commissioner Fung dissented) to uphold the denial of the subject permit. Four votes being required to overrule a departmental action under the City Charter, the denial of the subject permit was upheld. Project: construct a four-story, eight-unit residential/commercial building with 5,580sf of ground floor area, BPA No. 9902819S.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to Call of Chair, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: Janet Carpinelli spoke in favor of the PD.
(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 2227 – 26th Avenue. Permit issued on Sept. 24, 2007. Last day to appeal was Oct. 9, 2007. Jurisdiction request received on March 10, 2008. Letter from Juliet Wong, Emily Lee, Mary Anderson, Edward Levintov, Judy Kleppe, Eric Schmidt, Mike Matza, and Mary Matza, requestors, asking that the Board take jurisdiction over BPA No. 2006/05/03/0536. Permit Holder: Yefim Ostrovskiy. Project: remodel of first and second floors; new third floor; new roof.
|
ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to deny the jurisdiction request.
SPEAKERS: Juliet Wong, co-requestor; Jesse Tomko, agent for permit holder; Tina Tam, PD.
PUBLIC COMMENT: Cliff Pfluger spoke in favor of the requestors.
(4c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 1579 La Salle Avenue. Permit issued on Dec. 24, 2007. Last day to appeal was Jan. 8, 2008. Jurisdiction request received on March 11, 2008. Letter from Kathleen Dudek, requestor, asking that the Board take jurisdiction over BPA No. 2007/05/23/2022. Permit Holders: Ching Liu Wu and Amy Lin. Project: demolition of existing porch at rear; two-story rear addition.
|
ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to grant the jurisdiction request.
SPEAKERS: Elizabeth Plummer, agent for requestors; Bill Abend, agent for permit holder, Tina Tam, PD.
PUBLIC COMMENT: None.
(4d) 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). Public hearing held and closed on March 19, 2008. For further consideration today.
|
ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to grant the jurisdiction request.
SPEAKERS: Zadik Shapiro, attorney for requestor; Jordanna Thigpen, TC.
PUBLIC COMMENT: None.
(4e) 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 President Garcia, the Board voted 5 – 0 to adopt the findings (version 2).
SPEAKERS: Tex Ritter, attorney for permit holder; David Nale, permit holder.
PUBLIC COMMENT: None.
(4f) 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 adopt the OCA’s findings.
SPEAKERS: Brett Gladstone, attorney for appellant; Tina Tam, PD.
PUBLIC COMMENT: Brewster Fong and Dunn Silvey spoke in favor of the PD.
ITEMS (5A)& (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 08-010
|
JAKKEE BRYSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
1369 Folsom Street.
Protesting the issuance on Jan. 10, 2008, to Hole in the Wall Saloon Inc., Permit to Alter a Building (tenancy improvement to convert dance studio to new drinking establishment and live entertainment use).
APPLICATION NO. 2006/10/25/6052.
FOR HEARING TODAY.
|
(5B) APPEAL NO. 08-019
|
JAKKEE BRYSON, Appellant(s)
vs.
ENTERTAINMENT COMMISSION, Respondent
|
1369 Folsom Street.
Protesting the conditional grant on Feb. 5, 2008, to Hole in the Wall Saloon Inc., Billiard Parlor & Mechanical Amusement Device Permits.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to uphold the building permit and two entertainment permits.
SPEAKERS: Jakkee Bryson, appellant; Jeremy Paul, agent for permit holder; Tina Tam, PD; Robert Davis, EC.
PUBLIC COMMENT: The following people spoke in favor of the permit holder: John Caldera, Tommy Rudder, Jim Meko, Kath Dudek, and Pete King.
ITEMS (6A), (6B) & (6C) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 08-003
|
UNITED TAXICAB WORKERS, Appellant(s)
vs.
TAXI COMMISSION, Respondent
|
Protesting the adoption on Jan. 9, 2008, of Public Convenience and Necessity Findings.
RESOLUTION NO. 2008-02.
FOR HEARING TODAY.
|
(6B) APPEAL NO. 08-007
|
BARRY TARANTO, Appellant(s)
vs.
TAXI COMMISSION, Respondent
|
Protesting the adoption on Jan. 9, 2008, of Public Convenience and Necessity Findings.
RESOLUTION NO. 2008-02.
FOR HEARING TODAY.
|
(6C) APPEAL NO. 08-009
|
PETER WITT, Appellant(s)
vs.
TAXI COMMISSION, Respondent
|
Protesting the adoption on Jan. 9, 2008, of Public Convenience and Necessity Findings.
RESOLUTION NO. 2008-02.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Haaland dissented) to uphold the TC’s decision, with a finding that the public’s convenience and necessity requires the issuance of these 69 alternative fuel or hybrid taxi permits, to be issued at a rate of 10 per month.
SPEAKERS: Mark Gruberg, agent for appellant; Thomas George-Williams, agent for appellant; Bud Hazelkorn, agent for appellant; Barry Taranto, appellant.
PUBLIC COMMENT: The following people spoke in favor of the appellants: David Schneider, Emil Lawrence, Tara Housman, Anwar Faquiryan, Athan Rebelos, Robert Zurcher, Tony Lee, Mauro Saleauha, Mary McGuire, Sayed Bashir Rahimi, and Ruach Graffis. The following people spoke in favor of the TC: Mike Spain, Gregg Goble, Charles Rathbone, Abison Chirackal, Vladimir Zhoglo, Zuhair Sinada, Sohel Rahman, Marcelos Fonseca, Vaheed Mojabi, Ashwani Aeri, Sukhden Attal, Robert Duncanson, Laurie Graham, and Tariq Mehmood.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 07-160
|
ANTHONY FERNANDEZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
166 Encline Court.
Protesting the issuance on August 17, 2007, to Dan Rios, Permit to Alter a Building (on single-family house: remodel kitchen; extend bedroom in lower level and add bathroom; add bedroom in basement with bathroom; add another bathroom to garage area; build retaining wall in backyard; add deck; replace windows; add new doors).
APPLICATION NO. 2007/07/03/5901.
FOR HEARING TODAY.
|
(7B) APPEAL NO. 07-161
|
JOSEPHINE ESCOVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
166 Encline Court.
Protesting the issuance on August 17, 2007, to Dan Rios, Permit to Alter a Building (same description as Appeal 07-160).
APPLICATION NO. 2007/07/03/5901.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to continue both matters to May 7, 2008, with the public hearing closed, and for the DBI to conduct a site inspection, and for the permit holder to submit revised plans pursuant to the Board’s comments.
SPEAKERS: Anthony Fernandez, appellant; Joseph Escove and Josephine Escove, appellants; Dan Rios, permit holder; Laurence Kornfield, DBI; Tina Tam, PD.
PUBLIC COMMENT: Tony Chandler and Karen Breslin spoke in favor of the appellants.
(8) APPEAL NO. 08-012
|
LOTUS FONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
915 Jackson Street.
Protesting the issuance on Jan. 11, 2008, to Daisy Lee, Permit to Alter a Building (horizontal and vertical addition in order to add one unit for a total of two units).
APPLICATION NO. 2004/07/19/9136.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Lotus Fong, appellant; Jeffrey Chen, attorney for permit holder.
PUBLIC COMMENT: Mary McGuire spoke in favor of the permit holder.
(9) APPEAL NO. 08-013
|
JON JERNIGAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
625 Duncan Street.
Appealing a Partial Stop Work Order Request dated Jan. 14, 2008, addressed to the Director of the Dept. of Building Inspection, requesting that BPA No. 2005/09/09/2498 be partially suspended because some work was performed without Planning Code § 311 notification.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to continue the matter to April 9, 2008, with the public hearing closed, and to allow time for the appellant to meet with the neighbors.
SPEAKERS: Tina Tam, PD; Brett Gladstone, attorney for appellant; Jon Jernigan, appellant; Laurence Kornfield, DBI; Allen Martinez, agent for appellant; Lane McCauley, agent for appellant.
PUBLIC COMMENT: The following people spoke in favor of the ZA: Gralen Britto, Christian Chapa, and Diane McCarney.
There being no further business, President Garcia adjourned the meeting at 11:15 pm.
