2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, APRIL 22, 2009
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Tanya Peterson, Commissioner Kendall Goh, and Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Jordanna Thigpen, Enforcement and Legal Affairs Manager, Division of Taxis and Accessible Services, San Francisco Municipal Transportation Agency (SFMTA); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.
ABSENT: Commissioner Michael Garcia.
(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: Laurence Kornfield, DBI, advised the Board of the recent death of DBI employee William Wong.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: Commissioner Goh indicated she likely will be absent from the July 8 or July 15 meeting of the Board.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the April 15, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Garcia absent) to adopt the April 15, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Subject property at 626 Kearny Street. Letter from Bashir Ghazialam, attorney for Hakim Haidarian and Donnie Baker, appellants, requesting rehearing of Appeal No. 08-184, Haidarian & Baker vs. DPH, decided Feb. 11, 2009. At that time, the Board voted 3-2 (Commissioners Goh and Mandelman dissented) to uphold the DPH decision on condition that the suspension be reduced to seven days. Four votes being required to overturn a departmental action, the 15-day suspension by the DPH was upheld.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Garcia absent) to reschedule the matter to June 17, 2009 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4b) ADOPTION OF FINDINGS:
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Subject property at 977 Dolores Street. Appeal No. 08-187, Skeoch vs. DBI, PDD, decided Feb. 18, 2009. At that time, the Board voted 4-1 (Commissioner Mandelman dissented) to overrule the denial, grant the permit, with adoption of findings and conditions at a later time. Project: merge two of three units; demolish wall between stair to 3rd floor unit and entry to 2nd floor unit; demolish 3rd floor kitchen and convert to bedroom; convert utility room at 3rd floor to closet; BPA No. 2008/05/06/1361.
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ACTION: Upon motion by President Fung, the Board voted 3 – 1 – 1 (Commissioner Mandelman dissented, and Commissioner Garcia absent) to adopt the findings as amended.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4c) REHEARING REQUEST:
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Subject property at 940 Cayuga Avenue. Letter from William Tong, permit holder, requesting rehearing of Appeal No. 08-178, Pannos vs. DBI, PDA, decided March 25, 2009. At that time, the Board voted 5-0 to uphold the permit on condition that there be no firewall extending beyond the rear of the building. Appellant: Nancy Pannos. Project: comply with NOV No. 200846653 to legalize existing rear deck at 2nd floor; revision to approved BPA No. 2008/07/17/6920; reconfigure kitchen, dining and bedroom layout at 2nd floor; repair front stair; BPA No. 2008/11/10/6249.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 4 – 0 – 1 (Commissioner Garcia absent) to deny the rehearing request.
SPEAKERS: William Tong, permit holder; Nancy Pannos, appellant.
PUBLIC COMMENT: None.
(5) APPEAL NO. 09-022
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JAKKEE BRYSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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252 – 9th Street.
Protesting the issuance on Jan. 28, 2009 (poster board for neighborhood notification re-issued on Feb. 12, 2009), Permit to Demolish a Building (one-story theater).
APPLICATION NO. 2002/03/15/1580.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Garcia absent) to reschedule the matter to May 13, 2009, at the request of the OCA.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 09-005
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DONALD KRAUSE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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786 – 792 - 21st Avenue.
Protesting the issuance on Jan. 5, 2009, to Robert Ricci, Permit to Alter a Building (work at units 786 and 788 only; remodel two kitchens and two baths; change cabinets, counters, floors, toilet; repair sub floors, bath tub/shower).
APPLICATION NO. 2009/01/05/9562.
PUBLIC HEARING HELD AND CLOSED ON APRIL 1, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the permit holder to submit additional information as requested by the Board, and to allow time for the DBI to conduct a site visit.
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(6B) APPEAL NO. 09-006
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PETER TRIPOUSIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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786 – 792 - 21st Avenue.
Protesting the issuance on Jan. 5, 2009, to Robert Ricci, Permit to Alter a Building (work at units 786 and 788 only; remodel two kitchens and two baths; change cabinets, counters, floors, toilet; repair sub floors, bath tub/shower).
APPLICATION NO. 2009/01/05/9562.
PUBLIC HEARING HELD AND CLOSED ON APRIL 1, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the permit holder to submit additional information as requested by the Board, and to allow time for the DBI to conduct a site visit.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 4 – 0 – 1 (Commissioner Garcia absent) to uphold the permit on the condition that the scope of work be limited to correction of pending DBI Notices of Violation in unit 786, that no displacement of tenant take place except insofar as abatement of hazardous mold conditions may require it based on consultation with DBI, and that smoke detectors be installed; all work in unit 788 is to be eliminated from permit.
SPEAKERS: Laurence Kornfield, DBI; Elizabeth Erhardt, attorney for permit holder, Donald Krause, appellant; Peter Tripousis, appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 09-021
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TU LAM, Appellant(s)
vs.
MUNICIPAL TRANSPORTATION AGENCY
DIVISION OF TAXIS AND
ACCESSIBLE SERVICES, Respondent
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Appealing the revocation of Public Passenger Vehicle Permit (A-card) No. 48151 and medallion No. 896.
RESOLUTION NO. 2009-04.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Garcia absent) to reschedule the matter to May 6, 2009.
SPEAKERS: Jordanna Thigpen, SFMTA.
PUBLIC COMMENT: None.
(8) APPEAL NO. 09-001
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JOERG WESTERMANN,
KATHLEEN CROWLEY,
RACHEL HOWARD,
MARIO ESCOBAR, GAGE BOONE,
ELANA MARGOLIS, BENJAMIN WACKS,
AND JACKIE ESCOBAR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1217 Florida Street.
Protesting the issuance on Dec. 22, 2008, to David McClosky, Permit to Alter a Building (interior remodel of existing dwelling units; remodel bathrooms and kitchens; new window on south elevation; infill light well at east elevation; removal of partition walls).
APPLICATION NO. 2008/12/16/8638.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Garcia absent) to reschedule the matter to May 6, 2009, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 09-023
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ARZA TRUST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2650-2652 Hyde Street.
Protesting the issuance on Jan. 28, 2009 (reinstated Feb. 12, 2009), to Douglas Greenwood, Permit to Alter a Building (comply with NOV No. 200877313; revise previous permit No. 2008/04/02/8610; remove brick foundation and siding to install new foundation work; after completion of work, replace in kind front façade and landscape back to existing conditions).
APPLICATION NO. 2008/11/04/5823.
FOR HEARING TODAY.
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(9B) APPEAL NO. 09-024
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EDGAR BRINCAT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2650-2652 Hyde Street.
Protesting the issuance on Jan. 28, 2009 (reinstated Feb. 12, 2009), to Douglas Greenwood, Permit to Alter a Building (comply with NOV No. 200877313; revise previous permit No. 2008/04/02/8610; remove brick foundation and siding to install new foundation work; after completion of work, replace in kind front façade and landscape back to existing conditions).
APPLICATION NO. 2008/11/04/5823.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 4 – 0 – 1 (Commissioner Garcia absent) to continue the matter to May 13, 2009, with the public hearing held and closed, to allow time for Board members to conduct site visits.
SPEAKERS: Edgar Brincat, appellant; Ellen Tsang, agent for appellant Arza Trust; Joe Butler, agent for appellants; John Pollard, agent for permit holder; Laurence Kornfield, DBI; Joe Duffy, DBI; Scott Sanchez, PD.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 7:30 p.m.
