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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, APRIL 4, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Randall Knox, Vice President Michael Garcia, Commissioner Frank Fung, Commissioner and Katharine Albright.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney(OCA); Laurence Kornfield, Chief Building Inspector, Building Inspection Department (DBI); Tina Tam, Senior Planner, Planning Department(PD); Carla Short, Department of Public Works Bureau of Urban Forestry(DPW/BUF); Robert Feldman, Executive Secretary; and Manuel Payes, Office Clerk, for the Board of Appeals; Easteller Bruihl, Official Court Reporter.
ABSENT: Robert Haaland, Commissioner and Victor Pacheco, Legal Assistant.
(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.
PUBLIC COMMENT: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
PUBLIC COMMENT: None.
(3) SPECIAL ITEM:
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Public hearing, consideration and adoption of departmental budget for fiscal year 2007-2008.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 -1(Commissioner Haaland absent) to adopt the Board of Appeals Budget for 2008.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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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.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4- 0 – 1(Commissioner Haaland absent) to reschedule the matter to 4/2/08.
SPEAKERS: Thomas Lippe, Attorney for Appellant; Tina Tam, for ZA.
PUBLIC COMMENT: None.
(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 213-215 Noe Street. Permit issued on December 5, 2006. Last day to appeal was December 20, 2006. Jurisdiction request received on March 20, 2007. Letter from Amanda Ebey, attorney for Ken Herrera, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2006/12/05/9168. Permit Holders: Jesus Marez & Daniel McLean. Project: renew BPA No. 2006/06/05/3197 to complete and continue work (tenant to be vacated from 215A illegal unit; upgraded partitions to 1 hour; remove stove; legalize bathroom and storage rooms).
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1(Commissioner Haaland absent) to grant the Jurisdiction Request for late appeal.
SPEAKER: Amanda L. Ebey, Attorney for Requestor.
PUBLIC COMMENT: None.
(4c) ADOPTION OF FINDINGS:
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Subject property at 3827 California Street. Discussion and adoption of proposed findings for Appeal No. 06-205, Napolitana vs. DBI, PCD, decided March 7, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to overrule the denial, and grant the permit, with findings to be adopted on March 21, 2007. Project: on two-unit building, remove basement dwelling unit and install garage; interior remodel as shown, BPA No. 2006/02/07/4026S.
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ACTION: Upon motion by commissioner Fung, the Board voted 4 – 0 – 1(Commissioner Haaland absent) to adopt the findings.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-191
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JOHN WOO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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630-632 Funston Avenue.
Protesting the issuance on December 1, 2006, to P. Sciaroni, Permit to Alter Building (renew BPA No. 2005/11/17/8374 – for corrective action per complaint No. 200563838; remove illegal one story addition to rear of front building; rebuild infill at 1st/grade level to side of rear building).
APPLICATION NO. 2006/12/01/8933.
PUBLIC HEARING HELD & CLOSED ON FEBRUARY 7, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to engage in mediation.
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ACTION: Appeal withdrawn by Appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 07- 011
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JULIAN LAGOS, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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800 Brotherhood Way.
Protesting the issuance on January 17, 2007, to Mission Development Group, Permit to Remove and Relocate Two (2) Trees & Remove and Replace Thirty-Two (32) Trees.
ORDER NO. 176,333.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1(Commissioner Haaland absent) to uphold the Department of Public Works and Bureau of Urban Forestry with conditions that 12 additional trees should be planted with consultation with Department of Public works and Bureau of Urban Forestry. Adoption of findings is to be submitted by 4/18/07.
SPEAKERS: Julian Lagos, Appellant; Carla Short,( DPW/BUF); Steven Vettel, Attorney for Permit Holder; Carolyn Blair, for (BUF); Tina Tam, (ZA).
PUBLIC COMMMENT: Aaron Goodman of a Park Merced tenant group for appellant asked the Board to deny the applicant because the park is so precious to the neighbors’ recreation.
Daniel Phillips Vice President of the tenant group for appellant said he strongly opposed the project and something seems to be wrong with the process.
M.K. Venkatachari spoke in favor of the appellant.
Laura Travele for appellant said: we can’t overlook that trees are in sand and Developers haven’t mentioned an open space although trees are important and need to be retained.
Tom Agee for appellant said Park Merced is one of four such planned developments in the country and it is the only one being torn apart. Therefore, this project will affect the historical value of Park Merced.
Michael Perla for appellant said that he lives in a nearby tower and the project will affect Park Merced and well being of people without providing any moderate income housing for the City.
Maria Elena Mestaye said developers call Brotherhood way a right - of – way when this area is native area. Even Golden Gate park trees are non-native.
Healani Ting for appellant said she is a long-time user of the park which is habitat for many mammals, birds and butterflies. The project put Park Merced one step closer to the Ellis Act.
Lee Marie Parme for appellant said she walks her dog twice a day and to her this is a park right- of-way.
Carolyn Blair of the Tree Council spoke in favor of the Permit Holder and said it is important to increase the City’s Canopy.
(7) APPEAL NO. 07-013
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KEVIN ROMANKO & 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 January 31, 2007, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 176,671.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1(Commissioner Haaland absent) to continue the matter to 5/9/07.
SPEAKERS: Carla Short, (DPW/BUF); Steve Fung, Appellant; Kevin Romanko, Appellant; Carolyn Blair for (DPW/BUF).
PUBLIC COMMENT: Ray Leggitt for appellant; Tony Wolcott for appellant; Ellen Abels, for appellant.
(8) APPEAL NO. 07-012
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GALE ELSTON, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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850 Greenwich Street.
Appealing a determination dated January 31, 2007, addressed to Gale Elston, regarding the commercial use of the ground floor at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1(Commissioner Haaland absent) to reschedule the matter to 5/2/07.
SPEAKERS: Gale Elston, Appellant; Dr. C.W. Getz, for Permit Holder.
PUBLIC COMMENT: None.
There being no further business, President Knox adjourned the meeting at 8:10 p.m.
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Robert H. Feldman, Executive Secretary.
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter.
