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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 14, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Randall Knox, and Commissioner Tanya Peterson.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (DP); Victor Pacheco, Interim Department Head; Manuel Payes, Clerk Typist; Easteller Bruihl, Official Court Reporter.
ABSENT: Commissioner Robert Haaland.
(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:
SPEAKER: Commissioner Randall Knox announced his resignation from the Board, and said that May 14, 2008 would be his last meeting.
(3) ADOPTION OF MINUTES: None.
SPEAKERS: None.
(4) ADDENDUM ITEMS:
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(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2200 Beach Street. Permit issued on July 26, 2007. Last day to appeal was August 10, 2007. Jurisdiction request received on April 24, 2008. Letter from Marcus Newberry, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2006/06/27/5184. Project: add elevator, open space decks, French balconies; add new windows and doors per plans; remodel kitchen; see Variance Case No. 2006.0724V. Permit Holder: Arnold Piatti.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to 6/4/08 in order to allow time for parties to negotiate a settlement.
SPEAKERS: David Bunim, Attorney for Requestor; Tina Tam, PD; Jack Krystal, new Subject Property Owner.
PUBLIC COMMENT: None.
(5) APPEAL NO. 07-174
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JACQUES JANOT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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963 North Point Street.
Protesting the issuance on September 5, 2007, to IJLN Investments LLC, Site Permit to Erect a Building (four-story, two-unit building with 1,387sf of ground floor area).
APPLICATION NO. 2006/10/12/4833S.
PUBLIC HEARING HELD & CLOSED ON DEC. 12, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to negotiate the easement issue.
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ACTION: Withdrawn by Appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 07-186
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ROBERT TRACY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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3816- 21st Street.
Protesting the issuance on Oct. 1, 2007, to Leo Portal, Permit to Alter a Building (on single-family house: install spiral stair; no structural changes or modification to existing 5’ X 5’ opening).
APPLICATION NO. 2007/09/19/3140.
PUBLIC HEARINGS HELD & CLOSED ON JAN. 30, 2008, AND FEB. 13, 2008. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for permit holder to file for a consolidation permit for entire project.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to 6/4/08 in order to allow the Permit Holder to file for the consolidation permit for entire project.
SPEAKERS: Laurence Kornfield, (DBI); Appellant did not appear; John Pollard, Agent for Permit Holder.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-217
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STEPHEN WILLIAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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9 Douglass Street.
Protesting the issuance on Nov. 8, 2007, to Lawrence Nathanson, Permit to Alter a Building (on single-family house: vertical addition to rear portion of house for new master bedroom suite; interior renovation).
APPLICATION NO. 2007/01/11/1515S.
PUBLIC HEARING HELD & CLOSED ON MAY 7, 2008. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for permit holder to submit additional information pursuant to the Board’s comments.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to uphold the permit on condition that the plate height elevation for the new floor be 8 feet and that the maximum height of the roof peak be 13 feet - 4 inches.
SPEAKERS: Laurence Nathanson, Permit Holder; Stephen Williams, Appellant.
PUBLIC COMMENT: Jane Whitaker, Stephen Goldstine, Georgia Heise, Laurie Riordan, Ann Rhoney, Diane Balter, and Michael Mcmillan spoke in favor of the Appellant.
(8) APPEAL NO. 08-034
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ROGER FONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1001-1017 Greenwich Street.
Protesting the issuance on Feb. 26, 2008, to Richard Cardello, Permit to Alter a Building (vertical addition within existing building footprint; add one dwelling unit and three-car garage; interior remodel).
APPLICATION NO. 2004/06/10/6109S.
FOR HEARING TODAY.
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ACTION: Withdrawn by the Appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-035
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PANOS 1998 FAMILY TRUST, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2400 Irving Street.
Appealing a Letter of Determination dated March 7, 2008, regarding the zoning line that currently bisects the subject property and whether a financial service establishment may occupy the entire structure at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to uphold the Zoning Administrator’s Letter of Determination.
SPEAKERS: Tina Tam, PD; Lucian Blazej, Agent for Appellant.
PUBLIC COMMENT: None.
(10) APPEAL NO. 08-036
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1314 POLK STREET
ASSOCIATES LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1326 Polk Street.
Appealing a Notice of Violation dated Feb. 27, 2008, which states that the new condominium development at the subject property is in violation of Planning Code § 207.1(b).
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to 6/18/08 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 7:39 p.m.
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter.
