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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 29, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Hisashi Sugaya.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Senior Planner, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, 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: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 1623-1625 Noe Street. Letter from Trevor Fooks, appellant, requesting rehearing of Appeal No. 00-096, Fooks vs. ZA, decided February 22, 2006. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the Zoning Administrator’s determination that under the RH-2 zoning of the property, the illegal third basement unit of the two-unit building must be removed, and with certain alterations the space may remain habitable space as part of one of the two lawful units.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to grant the rehearing request, and to schedule the rehearing for Sept. 20, 2006.
SPEAKERS: Trevor Fooks, appellant; Laurence Kornfield, DBI.
(4) APPEAL NO. 05-171
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YUE ZHEN OU, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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260 Kearny Street.
Appealing a Health Permit Zoning Referral, dated July 20, 2005, addressed to Yue Zhen Ou, which disapproves the proposed massage establishment use because such use is not permitted within the C-3-O (Downtown Office) zoning district under § 218.1 of the Planning Code.
JURISDICTION GRANTED OCT. 5, 2005.
PUBLIC HEARING HELD & CLOSED ON DEC. 7, 2005. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant and the ZA to work out a solution.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to continue the matter to May 24, 2006.
SPEAKERS: Jonas Ionin, PD; Edward Hung, attorney for appellant.
(5) APPEAL NO. 05-174
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BING CHEUK LAW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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227-229 – 7th Avenue.
Protesting the issuance on October 5, 2005, to Mikhail Kurgatnikov, Permit to Alter a Building (on 2-unit building: 1st floor remodel, bedroom and study; 2nd & 3rd floor remodel, kitchen and bathroom; add new bathrooms (interior remodeling); all work is within the existing envelope of building).
APPLICATION NO. 2005/10/05/4858.
PUBLIC HEARING HELD & CLOSED ON DEC. 7, 2005. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for permit holder to work with DBI Code Enforcement on stair (2nd means of egress) issue.
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ACTION: None. Administratively withdrawn due to cancellation of permit by DBI at the permit holder’s request.
SPEAKERS: None.
(6) APPEAL NO. 06-022
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STEVE FUNG, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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114 Chattanooga Street.
Appealing the denial on February 4, 2006, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 175,856.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 3-2 (Vice President Knox and Commissioner Albright dissented) to overrule the denial, and grant the permit, on condition that the replacement tree be of a 36 inch box size. 4 votes being required under the City Charter to overrule a departmental action, the denial was upheld.
SPEAKERS: Carla Short, DPW BUF; Steve Fung, appellant; Kevin Romanko, for appellant.
(7) APPEAL NO. 05-215
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MARC LEVSKY
& NATALYA LVOFF, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2076 – 16th Avenue.
Protesting the issuance on December 15, 2005, to Tatiana Sanotchkina, Permit to Alter a Building (on single-family house: new privacy fence; over 6 feet high on left side in rear yard).
APPLICATION NO. 2005/12/15/0433.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to continue the matter to June 7, 2006, with the public hearing closed.
SPEAKERS: Natalya Lvoff, appellant; Luda Romasenko, agent for permit holder; Barbara Rocshiak, architect for permit holder; Laurence Kornfield, DBI.
(8) APPEAL NO. 05-196
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CHEUK YEUNG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: DAVID & LORRAINE BLEIMAN
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231 Ortega Street.
Appealing the denial on November 29, 2005, of Site Permit to Alter a Building (on single-family house: construct 3-story addition to rear of existing 2-story building).
APPLICATION NO. 2004/10/05/6033S.
PUBLIC HEARING HELD AND CLOSED ON JANUARY 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for permit holder to submit revised plans pursuant to the Board’s comments.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to uphold the denial.
SPEAKERS: Cheuk Yeung, appellant; Jonas Ionin, PD; Sue Hestor, attorney for Sec. 14 party.
(9) APPEAL NO. 06-017
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ERIC CHUNG & CYRUS ETEMAD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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84 Vandewater Street.
Protesting the issuance on January 20, 2006, to Harrigan Weidenmuller LLC, Site Permit to Erect a Building (4-story, 5-unit building with 2,750sf of ground floor area).
APPLICATION NO. 2004/06/03/5412S.
FOR HEARING TODAY.
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ACTION: Withdrawn by the appellants.
SPEAKERS: None.
(10) APPEAL NO. 06-018
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MATTHEW BRENNAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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165 Beacon Street.
Protesting the issuance on January 24, 2006, to R.J. Quinn, Permit to Alter a Building (on 2-unit building: tree impact damage repair; front window and wall; side window and wall; roof framing; interior gypsum board).
APPLICATION NO. 2006/01/24/2938.
FOR HEARING TODAY.
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ACTION: Withdrawn by the appellants.
SPEAKERS: None.
(11) APPEAL NO. V06-019
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CARL CLEMENT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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229 Douglass Street.
Protesting the granting on January 30, 2006, to Dan Lockwood, Rear Yard Variance (demolish an existing barn structure at the rear of the lot and replace it with a new building for residential use).
VARIANCE CASE NO. 2004.1053V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4-1 (President Fung dissented) to uphold the variance with the following conditions: a) that a permanent fence 8 feet in height be constructed; b) that appellant be given 30 days notice prior to demolition of barn structure; and c) that the variance holder take appropriate steps to protect the appellant’s property during construction.
SPEAKERS: Jonas Ionin, PD; Angela Clement, agent for appellant; Daniel Lockwood, variance holder; Joe Karr, architect for variance holder.
(12) APPEAL NO. 06-021
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CHARLES PHAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2232 Bush Street.
Appealing a determination dated February 6, 2006, addressed to CJ Higley at Reuben & Junius LLP, that a new full-service restaurant is not permitted at the subject property under the Planning Code.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the determination with findings to be adopted at a later date.
SPEAKERS: Jonas Ionin, PD; Jim Reuben, attorney for appellant; Paul Werner, Janice Bolaffi, Thomas Reynolds, Judith Duffy, and Linda Lee Harper, for appellant.
There being no further business, President Fung adjourned the meeting at 9:00 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter. TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – MARCH 29, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: None.
(2) PUBLIC COMMENT: None.
(3a) PUBLIC COMMENT: None.
(4) PUBLIC COMMENT: None.
(5) PUBLIC COMMENT: None.
(6) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: None.
(8) PUBLIC COMMENT: None.
(9) PUBLIC COMMENT: None.
(10) PUBLIC COMMENT: None.
(11) PUBLIC COMMENT: None.
(12) PUBLIC COMMENT: Paul Wermer of PHRA lives at California and Fillmore and his group supports Appellant.
Janice Bolaffi of WANA said equilibriums not disturbed by project and Planning Code is confusing.
Thomas Reynolds of Fillmore Merchants said will keep in equilibrium, area needs more fine restaurants.
Judith Duffy said full service restaurants are needed in this area, where there too many bars and entertainment businesses.
Linda Lee Harper is in same building as Appellant and he is a man of fine character and she supports his appeal.
