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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 10, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Tanya Peterson, Commissioner Kendall Goh, 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, Executive Director, Taxi Commission (TC); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.
(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: President Garcia announced that the Board’s 2009 meeting schedule is now available.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the Nov. 12 and Nov. 19, 2008 minutes.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to adopt the November 12 and November 19, 2008 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Subject property at 4726 Geary Blvd. Letter from Paul Horcher, attorney for Well-Care Acupuncture and Health Center Inc., appellant, requesting rehearing of Appeal No. 08-100, decided Oct. 15, 2008. At that time, the Board voted 5-0 to uphold the subject NOV regarding the operation of an unauthorized massage establishment at the subject property.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 2 (Vice President Fung and Commissioner Goh dissented) to deny the rescheduling request. Afterwards, upon motion by President Garcia, the Board voted 3 – 2 (Vice President Fung and Commissioner Goh dissented) to deny the rehearing request.
SPEAKERS: Paul Horcher, attorney for appellant; Tina Tam, PD; Rachna, PD.
PUBLIC COMMENT: Silvia Johnson.
(4b) REHEARING REQUEST:
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Subject property at 291 Page Street. Letter from Jace Levinson, agent for Erik Grossman, appellant, requesting rehearing of Appeal No. 08-136, decided Nov. 5, 2008. At that time, the Board voted 3-2 to overrule the denial and grant the tree removal permit with the following conditions: a) that one 36” box tree be planted at the subject property; b) that two 36” box trees be gifted to DPW BUF; c) that the appellant provide maintenance of the tree at the subject property in perpetuity; and d) that the species of all three trees be determined by the DPW BUF. Four votes being required to overturn a departmental action, the denial of the tree removal permit was upheld.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to grant the rehearing request, and to set the rehearing for January 14, 2009.
SPEAKERS: Jace Levinson, agent for appellant.
PUBLIC COMMENT: Silvia Johnson.
(4c) JURISDICTION REQUEST:
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Subject property at 367 Chenery Street. Letter from Alma Hecht, requestor, asking that the Board take jurisdiction over BPA No. 2007/05/22/2001, which was issued on Feb. 21, 2008, and for which the appeal period lapsed on March 7, 2008. Permit Holder: Frederick Roeber. Project: new deck and stairs; new windows and door at kitchen and laundry.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to grant the jurisdiction request.
SPEAKERS: Paul Melbostad, attorney for requestor; Alma Hecht, requestor; Tanya Herrera, attorney for permit holder.
PUBLIC COMMENT: Silvia Johnson.
(5) APPEAL NO. 08-080
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ABDEL SDAIGUI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the denial on May 29, 2008, of ramp taxi medallion.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 5 – 0 to overrule the denial, and adopt the parties’ settlement dated December 3, 2008.
SPEAKERS: Jordanna Thigpen, TC; Geoffrey Rotwein, attorney for appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 08-054
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ROBERT PENN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1307 Hayes Street.
Appealing a Letter of Determination dated April 2, 2008, regarding the current zoning for the subject property.
PUBLIC HEARING HELD & CLOSED ON AUG. 13, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to submit additional information pursuant to the Board’s comments.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule the matter to February 11, 2009, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 08-064
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VERONICA RUEDRICH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3467 – 19th Street.
Protesting the issuance on April 25, 2008, to Kaushik Dattani, Permit to Alter a Building (re-texture of walls and ceilings; refinish wood flooring; change windows - two front windows, six side windows, size for size; no work on exterior; NOV No. 200851355).
APPLICATION NO. 2008/04/25/0700.
PUBLIC HEARING HELD & CLOSED ON AUG. 6, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to await the termination of appellant’s tenancy at the subject property.
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(7B) APPEAL NO. 08-132
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VERONICA RUEDRICH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3467 – 19th Street.
Protesting the issuance on Aug. 6, 2008, to 363 Valencia LLC, Permit to Alter a Building (remodel kitchen and bathroom; no cabinets before in kitchen – installing now; changing fixtures in bathroom; no change of walls, windows, doors, or exiting).
APPLICATION NO. 2008/08/06/8573.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Mandelman initially dissented but changed his vote to aye; Commissioner Goh dissented) to uphold both permits on the condition that the suspension remain until January 5, 2009, and on the condition that work on both permits be limited to Monday thru Friday, 9am to 5pm.
SPEAKERS: Steve Collier, attorney for appellant; Steven Williams, attorney for permit holder, Augustine Fallay, agent for permit holder; Kaushik Dattani, permit holder; Veronica Ruedrich, appellant: Laurence Kornfield, DBI.
PUBLIC COMMENT: Silvia Johnson.
(8) APPEAL NO. 08-081
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JAMES FORCIER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owners: NATHALIE LANG
& JOHN WICKER
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2666 Greenwich Street.
Appealing a Request for Reinstatement of Suspended Permit dated May 19, 2008.
APPLICATION NO. 2008/01/31/3694.
PUBLIC HEARING HELD AND CLOSED ON OCT. 29, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for DBI and Planning staff to conduct a site visit.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to continue the matter to January 21, 2009, for the parties to conduct settlement negotiations.
SPEAKERS: Laurence Kornfield, DBI; Tina Tam, PD; James Forcier, appellant; Rodrigo Santos, agent for subject property owner.
PUBLIC COMMENT: Jeff Wood spoke in favor of the appellant; Silvia Johnson.
(9) APPEAL NO. 08-146
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KYLE WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1142 Jackson Street #4.
Protesting the issuance on Aug. 27, 2008, to Kenneth Chang Trustee & Christina Cheng, Permit to Alter a Building (install furnace in unit No. 4; comply with NOV No. 200862153).
APPLICATION NO. 2008/08/01/8249.
PUBLIC HEARING HELD AND CLOSED ON NOV. 19, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to conduct further negotiations.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to uphold the permit on condition: a) that the appellant be allowed to leave furniture at the subject unit; b) that the permit execution period be limited to six (6) weeks from the date the appellant vacates the subject unit as part of the temporary eviction.
SPEAKERS: Kyle Wong, appellant; Steven Williams, attorney for permit holder; Jerry Cheng, agent for permit holder.
PUBLIC COMMENT: Silvia Johnson.
(10) APPEAL NO. 08-101
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LEON BRILLANT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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325 Sacramento Street.
Appealing a Letter of Determination dated June 5, 2008, regarding whether the permitted exterior work would qualify the subject building as a “compatible rehabilitation” to be deemed a preservation lot for the purposes of transfer of development rights.
FOR HEARING TODAY.
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ACTION: Withdrawn by the appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 08-120
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DEAN & CARMEN CHING
and DEWEY & LAURIE ANN WOO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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207 Marietta Drive.
Protesting the issuance on July 29, 2008, to Robert & Maria Tilghman, Permit to Alter a Building (construct 27’ X 15’ outdoor deck; installation of sliding glass door; two windows to fit).
APPLICATION NO. 2008/07/28/7775.
FOR HEARING TODAY.
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(11B) APPEAL NO. 08-123
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FARUQ AHMAD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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207 Marietta Drive.
Protesting the issuance on July 29, 2008, to Robert & Maria Tilghman, Permit to Alter a Building (construct 27’ X 15’ outdoor deck; installation of sliding glass door; two windows to fit).
APPLICATION NO. 2008/07/28/7775.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to uphold the permit with revised plans dated December 10, 2008, as signed by all the parties.
SPEAKERS: Robert Tilghman, permit holder; William Lim, agent for appellants; Laurence Kornfield, DBI.
PUBLIC COMMENT: Silvia Johnson.
(12) APPEAL NO. 08-153
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BARBARA NG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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454 Head Street.
Protesting the issuance on Sept. 24, 2008, to Marlene Moran, Permit to Alter a Building (comply with NOV No. 200558823; new foundation and reduce height of building to original envelope).
APPLICATION NO. 2008/02/26/5647.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to uphold the permit on condition that the permit holder’s structural engineer immediately confer with the DBI on the following issues: a) modification of the concrete retaining wall detail; b) production of a plan for shoring and support of the adjacent foundations; and c) production of a plan for an accelerated schedule for construction.
SPEAKERS: Stuart Wong, agent for appellant; Emilio Moran, agent for permit holder; Laurence Kornfield, DBI; Barbara Ng, appellant.
PUBLIC COMMENT: Silvia Johnson.
ITEMS (13A), (13B), (13C), (13D), (13E) & (13F) SHALL BE HEARD TOGETHER:
(13A) APPEAL NO. 05-115
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ANDRE MANDEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #7.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5100.
FOR HEARING TODAY.
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(13B) APPEAL NO. 05-116
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LEAH GUILLERMO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #1.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5684.
FOR HEARING TODAY.
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(13C) APPEAL NO. 05-117
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CHRISTOPHER DUTRA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #5.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5776.
FOR HEARING TODAY.
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(13D) APPEAL NO. 05-118
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SEAN COOPER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #8.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5703.
FOR HEARING TODAY.
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(13E) APPEAL NO. 05-139
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OLIVIA PLATFORD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #11.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5631.
JURISDICTION GRANTED AUG. 10, 2005.
FOR HEARING TODAY.
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(13F) APPEAL NO. 05-140
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FRICK DEAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #12.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5635.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to reschedule the matter to March 11, 2009, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Garcia adjourned the meeting at 9:10 p.m.
