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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 4, 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.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director and Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Dr. Johnson Ojo, Principal Inspector, Department of Public Health (DPH); Aleeta Van Runkle, Deputy City Attorney, OCA; Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.
(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.
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SPEAKERS: None.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
Discussion and possible adoption of the October 21, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the October 21, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 1221 & 1223 Page Street. Letter from Maureen Gannon and Rohit Verma, requestors, asking that the Board take jurisdiction over Electrical Permit Nos. E2009/09/01/2096 and E2009/09/01/2097, which were issued on Sept. 1, 2009 and for which the appeal periods ended on Sept. 16, 2009. Jurisdiction request was received on October 28, 2009. Permit Holder Douglass Kitt. Project, 1st permit: 14 roof-mounted solar PV modules, 215 watts, 1 interactive, 3000W power rating). Project, 2nd permit: 18 roof-mounted solar PV modules, 215 watts, 1 interactive, 4000W power rating). NOTE: These permits are for two different units in the same building and for the same solar panel installation at issue in Item 8, Appeal No. 09-092, Verma & Gannon vs. DBI. If this jurisdiction request is granted, the Board may proceed to consolidate these two permits with Appeal No. 09-092, and hear them on the merits under Item 8.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to grant both jurisdiction requests and to hear the appeals along with a previously filed and related appeal (No. 09-092) noticed under Item 8.
SPEAKERS: Rohit Verma, requestor; Karen Kitt, permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: Craig Dziedzic spoke in favor of the requestor.
(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 1748 La Salle Avenue. Letter from Laurence Kornfield, Deputy Director for Dept. of Building Inspection, asking that the Board take jurisdiction over BPA No. 2009/06/025/1295, which was issued on June 26, 2009, and for which the appeal period ended on July 13, 2009. Jurisdiction request was received on October 14, 2009. Permit Holder: Kam San Ho. Project: replace fire damaged ceiling joist and roof joist at rear; remodel kitchen and bathroom, and add bathroom; replace fire damaged gypsum board; remove rear stairway; add rear deck on 2nd floor).
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to reschedule this matter to Dec. 9, 2009.
SPEAKERS: Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(4c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 100 – 32nd Avenue. Letter from Sanford & Nancie Garfinkel, requestors, asking that the Board take jurisdiction over Variance Case No. 2007.0129V, which was granted on Oct. 15, 2009, and for which the appeal period ended on Oct. 26, 2009. Jurisdiction request was received on October 28, 2009. Variance Holders: Jennifer King & Timothy Fredel. Variance Types: rear yard, side yard and non-complying structure.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to grant the jurisdiction request and, upon the filing of an appeal, to schedule the hearing for Dec. 9, 2009 along with a previously filed and related appeal (No. 09-105) of a site permit for the subject property.
SPEAKERS: Sanford Garfinkel, requestor; Alice Barkley, attorney for permit holder.
PUBLIC COMMENT: None.
(5) APPEAL NO. 09-062
REDA MAHFOUZ dba
“ALIBABA SMOKE & GIFT SHOP”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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245A Columbus Avenue.
Appealing a seventy (70) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on June 10, 2009. Reason(s) for suspension: selling tobacco products while serving a tobacco suspension as documented by a DPH Tobacco Free Project investigation.
DIRECTOR’S CASE NO. FD-09-078.
PUBLIC HEARING HELD ON OCT. 7, 2009 AND REMAINS OPEN. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the parties to re-brief the matter pursuant to the Board’s comments.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue this matter to Nov. 18, 2009 and to schedule a closed session at the top of the agenda for the purpose of examining testimony submitted by a confidential consultant used by the Department of Public Health in this matter.
SPEAKERS: Aleeta Van Runkle, OCA; Monti Stegen, attorney for appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 09-093
MELISSA STOOKEY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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9-9A Imperial Avenue.
Appealing the imposition of penalty on Aug. 24, 2009, for construction work done without a permit.
APPLICATION NO. 2009/08/24/5432.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 1 (Commissioner Mandelman dissented) to grant the appeal and reduce the penalty to three times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Melissa Stookey, appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 09-108
SUN HOK KONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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339 Hale Street.
Appealing the imposition of penalty on Sept. 25, 2009, for construction work done without a permit.
APPLICATION NO. 2009/09/18/7205.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 1 (Commissioner Mandelman dissented) to grant the appeal and reduce the penalty to five times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Patrick Ho, agent for appellant.
PUBLIC COMMENT: None.
ITEMS (8A), (8B) AND (8C) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 09-092
ROHIT VERMA
& MAUREEN GANNON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1219 Page Street.
Protesting the issuance on Sept. 1, 2009, to Douglas Kitt, Electrical Permit (14 roof-mounted solar PV modules, 215 watts, 1 interactive, 3000W power ratings).
APPLICATION NO. E2009/09/01/2095.
FOR HEARING TODAY. NOTE: If jurisdiction is granted in Item 4a, this permit may be heard together with Application Nos. E2009/09/01/2096 and E2009/09/01/2097.
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(8B) APPEAL NO. 09-128
ROHIT VERMA
& MAUREEN GANNON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1221 Page Street.
Protesting the issuance on Sept. 1, 2009, to Douglas Kitt, Electrical Permit (14 roof-mounted solar PV modules, 215 watts, 1 interactive, 3000W power ratings).
APPLICATION NO. E2009/09/01/2096.
FOR HEARING TODAY.
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(8C) APPEAL NO. 09-129
ROHIT VERMA
& MAUREEN GANNON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1223 Page Street.
Protesting the issuance on Sept. 1, 2009, to Douglas Kitt, Electrical Permit (18 roof-mounted solar PV modules, 215 watts, 1 interactive, 4000W power ratings).
APPLICATION NO. E2009/09/01/2097.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to deny the appeals and uphold all three permits.
SPEAKERS: Rohit Verma, co-appellant; Maureen Gannon, co-appellant; Douglas Kitt, permit holder; Jeanine Cotter, agent for permit holder; Noel Cotter, agent for permit holder; Laurence Kornfield, DBI; Scott Sanchez, PD.
PUBLIC COMMENT: The following people spoke in favor of the appellant: Craig Dziedzic, Jay Siegel, Mark Primeau and Scott Ray. The following people spoke in favor of the permit holder: Ted Loewenberg, Adam Browning, Joshua Arce, Kimia Mizany and Christopher Smith.
(9) APPEAL NO. 09-109
JILL ANTOINE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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727 – 27th Street.
Appealing the denial on Sept. 21, 2009, of Permit to Alter a Building (revision to BPA No. 2007/07/18/7103 to provide “as built” plans; infill back porch; remove door; change front bay window from 45 degree to 90 degree).
APPLICATION NO. 2009/08/12/4659.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to grant the appeal, overrule the denial and grant the permit, with a finding that the as-built condition provides greater privacy to the adjacent neighbors.
SPEAKERS: Scott Sanchez, PD; Tony Kim, agent for appellant; Jill Antoine, appellant; Leiann Laiks, attorney for appellant; Tai Antoine, agent for appellant.
PUBLIC COMMENT: The following people spoke in favor of the appellant: Doug Hayward, Matt Sanlin, Gregory Currivan, Joyce Boultwood and Jim Collins.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 9 p.m.
