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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 25, 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, and Commissioner Michael Garcia, and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Larry Badiner, Zoning Administrator, Planning Department (ZA); Spencer Gosh, Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Dana DiBasilio Tognini, 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 1284 Mission Street. Letter from Geoffrey Rotwein, attorney for Arthur Lee dba “Lee’s Oriental Massage”, appellant, requesting rehearing of Appeal No. 06-103, Lee’s Oriental Massage vs. DPH, decided September 20, 2006. At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Vice President Knox recused) to uphold the revocation of the subject permit (Massage Establishment Permit).
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ACTION: Upon motion by President Fung, the Board voted 4-0-1 (Commissioner Haaland absent) to reschedule the matter to November 8, 2006 at the written request of the appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3b) ADOPTION OF FINDINGS:
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Subject property at 615 – 38th Avenue. Appeal No. V06-106, Woo vs. ZA, decided September 6, 2006. At that time, upon motion by Vice President Knox, the Board voted 5-0 to overrule the denial, and grant the variance with findings to be adopted at a later date. Project: Rear Yard Variance (construct a horizontal addition and egress stairs at the 2nd story level, that will extend into the required rear yard of an existing 3-story, single-family dwelling); variance case no. 2006.0153V.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Haaland absent) to adopt the findings (no changes).
SPEAKERS: None.
PUBLIC COMMENT: None.
(3c) ADOPTION OF FINDINGS:
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Subject property at 504 – 6th Street. Appeal No. 06-039, Hicks vs. DBI, PDD, decided August 16, 2006 at a rehearing. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the permit, with findings to be adopted at a later date. Project: construction of sign (ground, non-electric, single-faced, 14’ X 48’, with 672sf of total surface area), BPA No. 2005/10/11/5200.
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ACTION: Upon motion by Commissioner Haaland, the Board voted 3-2 (President Fung & Commissioner Garcia dissented) to continue the matter to December 6, 2006.
SPEAKERS: Larry Badiner, ZA; Alice Barkley, attorney for appellant; Jared Eigerman, attorney for Clear Channel.
PUBLIC COMMENT: None.
(3d) ADOPTION OF FINDINGS:
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Subject property at 1302-1306 Fulton Street. Appeal No. 06-124, Dajani vs. ZA, decided October 11, 2006. At that time, upon motion by Commissioner Haaland, the Board voted 5-0 to overrule the ZA’s determination (regarding the reinstatement of an inactive/dormant Alcohol Beverage Control (ABC) License Type 20 (Off-Sale Beer & Wine) in the Divisadero Street Alcohol Restricted Use District), with findings and conditions to be adopted on October 25, 2006.
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ACTION: Upon motion by Vice-President Knox, the Board voted 5-0 to adopt the findings as amended (line struck in #3).
SPEAKERS: Brett Gladstone, attorney for appellant; Khaled Dajani, appellant.
(3e) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 226A Oneida Avenue. Permit issued on May 5, 2006. Last day to appeal was May 22, 2006. Jurisdiction request received on October 12, 2006. Letter from Preet Bains, requestor, asking that the Board take jurisdiction over BPA No. 2000/03/30/5829. Permit holder: Hungsland Property. Project: erect a two-story single-family house.
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ACTION: Upon motion by Commissioner Albright, the Board voted 5-0 to deny the jurisdiction request.
SPEAKERS: Preet Bains, requestor; Joel Yodowitz, attorney for permit holder; Larry Badiner, ZA.
PUBLIC COMMENT: None.
(4) APPEAL NO. 06-130
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HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
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734 Bush Street # 54, 56 & 57.
Protesting the issuance on August 11, 2006, to 500-734 OLDE LLC, Permit to Alter a Building (on 47-unit apartment building: remodel kitchen and bath; new countertop and cabinets).
APPLICATION NO. 2006/08/11/9243.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permit and adopt the finding as amended (changes to findings #2, 3, & 4).
SPEAKERS: Harold Darling, appellant; Jared Eigerman, attorney for permit holder.
PUBLIC COMMENT: Anna Maria Ramirez described the harassment she has suffered and the poor condition of the building she is in.
ITEMS (5A), (5B) (5C), (5D), (5E), (5F), (5G) & (5H) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 06-136
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HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
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625 Taylor Street #103.
Protesting the issuance on August 23, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/23/0239.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.
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(5B) APPEAL NO. 06-137
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HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
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625 Taylor Street #201.
Protesting the issuance on August 22, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/22/0221.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.
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(5C) APPEAL NO. 06-138
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HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
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625 Taylor Street #203.
Protesting the issuance on August 22, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/22/0231.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.
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(5D) APPEAL NO. 06-139
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HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
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625 Taylor Street #303.
Protesting the issuance on August 22, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/22/0157.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.
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(5E) APPEAL NO. 06-140
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HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
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625 Taylor Street #400.
Protesting the issuance on August 22, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/22/0208.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.
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(5F) APPEAL NO. 06-141
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HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
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625 Taylor Street #402.
Protesting the issuance on August 18, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/18/9835.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.
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(5G) APPEAL NO. 06-142
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HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
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625 Taylor Street #403.
Protesting the issuance on August 18, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/18/9836.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.
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(5H) APPEAL NO. 06-143
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HAROLD DARLING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
§ 13 Party: SAN FRANCISCO TENANTS UNION
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625 Taylor Street #503.
Protesting the issuance on August 18, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).
APPLICATION NO. 2006/08/18/9837.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold all permits and adopt the findings as amended (changes to findings #2, 3, & 4).
SPEAKERS: Harold Darling, appellant; Jared Eigerman, attorney for permit holder.
PUBLIC COMMENT: Anna Maria Ramirez described the harassment she has suffered and the poor condition of the building she is in.
(6) APPEAL NO. 06-144
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ELAINE GINSBURG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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361 Elsie Street.
Protesting the issuance on August 21, 2006, to Jenny Mendez, Permit to Alter a Building (on two-unit building: provide shoring for work under Building Permit Application No. 2003/08/08/1581; no other work).
APPLICATION NO. 2005/04/29/1214.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 3-2 (Commissioner Albright and Commissioner Haaland dissented) to uphold the permit.
SPEAKERS: Alan Mayer, attorney for appellant; Carl Chan, agent for permit holder; David Cincotta, attorney for permit holder; Rodrigo Santos, agent for permit holder; Jenny Mendez, permit holder; Spencer Gosh, DBI.
PUBLIC COMMENT: None.
(7) APPEAL NO. 06-145
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KEVIN REED
dba “GREEN CROSS”, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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2701 Leavenworth Street.
Appealing the denial on August 16, 2006, of Permit to Alter a Building (on two-unit building: change in use from restaurant to medical cannabis dispensary at ground floor).
APPLICATION NO. 2006/03/29/7757.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, Board voted 2-2-1 (Vice-President Knox & Commissioner Haaland dissented and Pres. Fung absent) to uphold the denial. Four votes being required to overturn any departmental action, the denial of the subject permit was upheld.
SPEAKERS: Larry Badiner, ZA; Joe Elford, attorney for appellant;
The following people spoke in support of the appellant:
PUBLIC COMMENT: Starchild, Wayne Kiloh, Mike Aldrich, David Cohen, Michelle Aldrich, Jessy Custodio, John Caldera, Mia Ante, Denise Dorey, Bob Lange, Natalie Tran, Steven Rae, Rachel Sierra, Tariq Alazraie, Arcolina Panto, Anderson Davis, April Funcke, Jimmy James, Stephanie Tucker, Peter Kasenenko, Jason Menard, Shona Godrenaur, Roger Solomon, Ben Caldwell, Brian Denny, Leon Toppin, Ruben Hernandez, Michael Yamacone, Andrea Lindsay, Tate Swindell, Juan Cabezas, Sammy Hastings, Sarah Shrader, and Andrew Martinez-Perez.
The following people spoke in support of the Planning Commission:
Anna Shimko, Bill Rabin, Robert Helwick, Ryan Chamberlain, Trish Hynes, Sally Murrell, Dana Shibley, Connie Linehan, Susanne Shibley, Sam Khatib, Jeanne Yee, Tom Rubens, Debbie Gannon, John DeMeo, Suzanne MacDonald, Karin Rabin, Betty Foote, Judy Taylor, Michael Neril, John Taylor, Liberty Efird, Penelope Clark, Trudi Loscotoff, Orlando Antonini, Kevin Loscotoff, Rita Hernandez, Karen Bell, Christopher Martin, Tom Haward, Lynn Callivan, Steve Wiezbowski, Jan Misch, Lt. Robert Moser, Jeff Ravetto, Bill Chionsini, Jessica Hopkins, and Deborah Kartiganer.
There being no further business, President Fung adjourned the meeting at 10:03 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Dana DiBasilio Tognini, the Official Court Reporter, 415-506-0430
