January 13, 2010
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 13, 2010
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, Chief Building Inspector and Deputy Director, Department of Building Inspection (DBI); Lawrence Badiner, Zoning Administrator (ZA); Scott Sanchez, Planner, Planning Department (PD); Cynthia Goldstein, Executive Director; 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.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: Commissioner Mandelman thanked Laurence Kornfield for giving him and Commissioner Goh a tour of DBI and noted that he was impressed by DBI’s efforts to make its processes work for its customers.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the December 16, 2009 minutes. |
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ACTION: Upon motion by President Fung, the Board voted 5-0 to adopt the December 16, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS: None.
(5) APPEAL NO. 09-098
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DANIEL PAN, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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425 Bush Street. Protesting the issuance on Aug. 31, 2009, to Ascendant Inc., Street Space Occupancy Permit. APPLICATION NO. M178827. PUBLIC HEARINGS HELD AND CLOSED ON NOV. 18, 2009, AND DEC. 16, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued in order to maintain jurisdiction and await end of project. |
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ACTION: Upon motion by President Fung, the Board voted 5-0 to deny the appeal and uphold the permit.
SPEAKERS: None. Appellant and permit holder were not in attendance.
PUBLIC COMMENT: None.
(6) APPEAL NO. 09-104
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GRAMERCY TOWERS CONDOMINIUM ASSOCIATION, 1200 CALIFORNIA STREET CORP. HOA & NOB HILL LEGAL COALITION, Appellant(s) vs.
ZONING ADMINISTRATOR, Respondent |
1111 California Street. Protesting a Letter of Determination dated Sept. 10, 2009, addressed to Steven Vettel c/o California Masonic Memorial Temple, regarding the present legal status of the Nob Hill Masonic Center. PUBLIC HEARING HELD AND CLOSED ON DEC. 9, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow Vice President Peterson to participate in the final vote. |
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ACTION: Upon motion by President Fung, the Board voted 4-1 (Vice President Peterson dissented) to not accept into the Board’s record briefing submitted after December 9, 2009. Upon further motion by Commissioner Garcia, the Board voted 2-3 (President Fung, Commissioner Goh and Commissioner Mandelman dissented) to uphold the Zoning Administrator’s Letter of Determination (LOD) on the basis that he did not err or abuse his discretion. Lacking the four votes needed to overturn the LOD, the LOD is upheld.
SPEAKERS: Lawrence Badiner, ZA; Alice Barkley, attorney for appellants; Steve Vettel, attorney for Determination holder.
PUBLIC COMMENT: None.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 09-105
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SANFORD GARFINKEL, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
100 - 32nd Ave. aka 865 El Camino del Mar. Protesting the issuance on Sept. 11, 2009, to Jennifer King and Timothy Fredel, Permit to Alter a Building (vertical addition of a second basement garage; horizontal addition; and alteration to existing basement and three floors of dwelling). APPLICATION NO. 2007/01/19/2027. PUBLIC HEARING HELD AND CLOSED ON DEC. 9, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow Vice President Peterson to participate in the final vote. |
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(7B) APPEAL NO. V09-132
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SANFORD GARFINKEL, Appellant(s) vs.
ZONING ADMINISTRATOR, Respondent
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100 - 32nd Ave. Protesting the granting on June 30, 2009, to Jennifer King and Timothy Fredel, Rear Yard, Side Yard and Non-Complying Structure Variances. VARIANCE CASE NO. 2007.0129V. JURISDICTION GRANTED NOV. 4, 2009. PUBLIC HEARING HELD AND CLOSED ON DEC. 9, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow Vice President Peterson to participate in the final vote. |
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ACTION: None. Matter rescheduled to February 3, 2010 with the agreement of both parties. Letter notices regarding the rescheduling have been mailed; Board vote is not needed.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 09-126
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KAM SIN & WAI CHE NG REVOCABLE TRUST, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1415 Clay Street. Appealing the imposition of penalty on October 22, 2009, for construction work done without a permit. APPLICATION NO. 2009/10/13/8820. 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, overturn the DBI and to reduce the penalty to five times (5x) the permit fee.
SPEAKERS: Laurence Kornfield, DBI; Richard Ng, agent for appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 09-119
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ALEX TRIMBLE, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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485 Teresita Blvd. Protesting the issuance on Oct. 22, 2009, to Alex Grab, Permit to Alter a Building (build exterior deck off dining room at 2nd floor; add new door). APPLICATION NO. 2009/10/22/9559. FOR HEARING TODAY. |
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ACTION: Upon motion by President Fung, and at the joint request of the parties, the Board voted 5-0 to reschedule the matter to February 10, 2010.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (10A), (10B), & (10C) SHALL BE HEARD:
(10A) APPEAL NO. 09-120
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YAN TARGAN, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL
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673-675 – 44th Avenue. Appealing the denial on October 19, 2009, of Permit to Demolish a Building (demolish two-family dwelling). APPLICATION NO. 2007/09/20/3151. FOR HEARING TODAY. |
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(10B) APPEAL NO. 09-121
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YAN TARGAN, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL
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673 – 44th Avenue. Appealing the denial on October 19, 2009, of Permit to Erect a Building (construct new two-family building). APPLICATION NO. 2007/09/20/3152. FOR HEARING TODAY. |
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(10C) APPEAL NO. 09-122
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YAN TARGAN, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL
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675 – 44th Avenue. Appealing the denial on October 19, 2009, of Permit to Erect a Building (construct new two-family building). APPLICATION NO. 2007/09/20/3157. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Goh, the Board voted 3-2 (President Fung and Vice President Peterson dissented) to deny the appeal and uphold the denial of all three permits.
SPEAKERS: Scott Sanchez, Planning; Lawrence Badiner, ZA; Augustine Fallay, agent for appellant; Tom Davick, agent for §14 parties.
PUBLIC COMMENT: Chrysanthe Gussis, Danielle Pittman and Millie Tuberman spoke in support of the Planning Department. Val Shayn spoke in support of the appellant.
(11) APPEAL NO. 09-123
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AUGUSTINE FALLAY, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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1760 Filbert Street. Protesting the issuance on Oct. 14, 2009, to Robert Aldoroty, Permit to Alter a Building (comply with NOV No. 200859731; expand garage at 1st level to east property line; construct new deck and parapet wall above expanded garage). APPLICATION NO. 2008/10//27/5213S. FOR HEARING TODAY. |
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ACTION: Upon motion by President Fung, the Board voted 5-0 to continue the matter to January 20, 2010, so parties may continue discussing settlement.
SPEAKERS: Augustine Fallay, agent for appellant; Daniel Ewald, agent for permit holder; Lawrence Badiner, ZA.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 7:20 p.m.
