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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 10, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Commissioner Katharine Albright, Commissioner Frank Fung, Commissioner Randall Knox, and Commissioner Michael Garcia.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Lawrence Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(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: None.
(3) ADDENDUM ITEMS:
(3A) REHEARING REQUEST:
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Subject property at 2350 Turk Street. Letter from Stephen Ledoux, attorney for Sprint PCS, appellant(s), requesting rehearing of Appeal No(s). 05-035, Sprint PCS vs. ZA, decided April 20, 2005. At that time, upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the Zoning Administrator’s Permit Suspension Request. Reason(s) for suspension: Building Permit Application No(s). 2004/01/30/5271 was approved in error by the Planning Department without the required review or public hearing.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Fung dissented) to deny the rehearing request.
SPEAKERS: Stephen Ledoux, attorney for appellant; Lawrence Badiner, ZA.
(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1166 Haight Street #11. Permit issued on June 21, 2005. Last day to appeal was July 6, 2006. Jurisdiction request received July 22, 2005. Letter from Olivia Platford, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/06/21/5631. Permit Holder(s): Dennis McCarthy. Project: on multi-unit apt. building, remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to grant the jurisdiction request, and to schedule the appeal for August 17, 2005, and for Frick Deay’s jurisdiction request to be rescheduled to August 17, 2005.
SPEAKERS: Olivia Platford, requestor; Elva Harding, attorney for permit holder; Frick Deay, for requestor.
(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 901 Bush Street. Permit issued on June 3, 2005. Last day to appeal was June 20, 2005. Jurisdiction request received July 6, 2005. Letter from Daisy MacArthur & Charles Rathbone, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/06/03/4112. Permit Holder(s): Lantana Ltd. Project: correct City records to establish use as 38 dwelling units.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0 to recuse President Sugaya. Afterwards, upon motion by Commissioner Garcia, the Board voted 3-1-1 (Commissioner Knox dissented, President Sugaya recused) to deny the jurisdiction request.
SPEAKERS: Charles Rathbone, co-requestor; Matthew Brennan, attorney for permit holder; Laurence Kornfield, DBI; Henry Karnilowicz, agent for permit holder.
(4) APPEAL NO. 04-112
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PATRICK STOREY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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674 – 5th Avenue.
Protesting the issuance on August 9, 2004, to Lan Wong, Permit to Alter a Building (on single-family house: new emergency walkway (new deck) at the rear of the cottage on top of existing roof deck; comply with NOV No(s). 200449859; separate permit required for Nov No(s). 200451719; no work on front building).
APPLICATION NO. 2004/06/02/5354.
PUBLIC HEARING HELD & CLOSED ON NOV. 17, 2004. FOR FURTHER CONSIDERATION TODAY.
Note: On Nov. 17, 2004, the Board continued this case to Call of Chair so the permit holder could meet with DBI to resolve the other code violations on the subject property. And on July 27, 2005, the Board continued this case to Aug. 10, 2005 in order for DBI to conduct another site visit.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to uphold the permit.
SPEAKERS: Laurence Kornfield, DBI; Ray Bernstein, for appellant.
(5) APPEAL NO. 04-155
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ZHANG PING GAO dba
“LOTUS FLOWER HEALTH CENTER”,
Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3800 Noriega St. / 1789 – 45th Ave.
Appealing a Health Permit Zoning Referral (Acupuncture, Acupressure & Massage) dated October 4, 2004, addressed to Zhang Ping Gao, that Planning Code § 710.51 prohibits the use of a second floor in an NC-1 (Neighborhood Commercial) zoning district for a medical-related business purpose, and that Planning Code § 204 only allows a massage business in an NC-1 zoning district as a secondary use on the premises, which has another primary permitted use.
PUBLIC HEARING HELD & CLOSED ON APRIL 13, 2005. FOR FURTHER CONSIDERATION TODAY.
Note: On April 13, 2005, the Board continued this case to July 13, 2005 to allow the appellant time to find another location for their business. Then due to the cancellation of the July 13, 2005 meeting, the case was continued to July 20, 2005. On July 20, 2005, the appellant’s attorney submitted a written continuance request, and the Board granted another continuance to Aug. 10, 2005.
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ACTION: None. Withdrawn by appellant.
SPEAKERS: None.
ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 05-084
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NANCY DAVIS
& DONNA HITCHENS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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464 – 30th Street.
Protesting the issuance on April 26, 2005, to Janet McGee, Site Permit to Alter a Building (on single-family house: add 3rd floor; extend 1st, 2nd, and 3rd floors; add two bay windows at front).
APPLICATION NO. 2004/03/10/8295S.
PUBLIC HEARING HELD & CLOSED ON JULY 27, 2005. FOR FURTHER CONSIDERATION TODAY.
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(6B) APPEAL NO. 05-085
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MARK & JOANNE MADSEN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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464 – 30th Street.
Protesting the issuance on April 26, 2005, to Janet McGee, Site Permit to Alter a Building (on single-family house: add 3rd floor; extend 1st, 2nd, and 3rd floors; add two bay windows at front).
APPLICATION NO. 2004/03/10/8295S.
PUBLIC HEARING HELD & CLOSED ON JULY 27, 2005. FOR FURTHER CONSIDERATION TODAY.
Note: On July 27, 2005, the Board continued both cases to Aug. 10, 2005 to allow time for the permit holder to submit revised plans pursuant to the Board’s comments.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to uphold the permit with revised plans, and with a finding that the revised plans meet the Residential Design Guidelines.
SPEAKERS: John Sanger, attorney for permit holder; Scott Emblidge, attorney for appellants.
(7) APPEAL NO. 05-092
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ROLF KAISER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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758 Haight Street.
Appealing a determination dated May 18, 2005, addressed to Vincent Labiano Abello, concerning the replacement of an existing legal, non-complying parking screen at the subject property.
PUBLIC HEARING HELD & CLOSED ON JULY 27, 2005. FOR FURTHER CONSIDERATION TODAY.
Note: On July 27, 2005, the Board continued this case to Aug. 10, 2005 to allow time for the ZA to further research the front setbacks of the adjacent properties.
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ACTION: Upon motion by Commissioner Fung, the Board voted 3-2 (President Sugaya and Commissioner Albright dissented) to overrule the determination with a finding that the existing non-conforming structure is in need of renovation, and that the project is reasonable response to this situation. 4 votes being required to overrule a departmental action, the ZA determination was upheld.
SPEAKERS: Lawrence Badiner, ZA; Rolf Kaiser, appellant.
(8) CONSENT ITEMS (DBI PENALTY):
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With the consent of the Dept. of Building Inspection, the Board will proceed to a vote without testimony to reduce the penalty (investigation fee) to two times the regular fee as provided for in the Building Code. Without consent the Board will take testimony and then decide the appeal.
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(8A) APPEAL NO. 05-105
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LARRY SHAMIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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593 – 42nd Avenue.
Appealing the imposition of penalty on June 16, 2005, for work done without a permit (on single-family house: removing of exterior stair; changing ground floor storage to ground floor entry; additional kitchen area of 35sf; relocation of existing door at main entrance porch; vinyl windows and door at main entrance porch; replacement of garage door).
APPLICATION NO. 2003/05/13/4509.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 5-0 to reduce the penalty to five (5) times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Vad Shamis, son of appellant.
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 04-103
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SHING KIT LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: N/A
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120 Maynard Street.
Appealing the denial on August 3, 2004, of Permit to Demolish a Building (2-story single family house with 1,235sf of ground floor area).
APPLICATION NO. 2002/11/22/2107.
FOR HEARING TODAY.
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(9B) APPEAL NO. 04-104
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SHING KIT LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: N/A
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120 Maynard Street.
Appealing the denial on August 3, 2004, of Permit to Erect a Building (3-story single family house with 1,089sf of ground floor area).
APPLICATION NO. 2002/11/22/2105S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Knox dissented) to overrule the denial of the demolition permit, and overrule the denial of the site permit with conditions as recommended by the Planning Commission, with an additional condition that Planning staff take into consideration the effect of the project on the trees on neighboring properties, and on condition that the subject property be properly maintained at least once per month up until the start of construction, with findings to be adopted at a later date.
SPEAKERS: Lawrence Badiner, ZA; Pat Buscovich, agent for appellant; Jeremy Paul, agent for appellant; Douglas Cawley, Camela Curry and F. Joseph Butler, for Planning Commission.
(10) APPEAL NO. 05-068
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DON PUTNAM
& SUSANN KELLISON, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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212 Union Street.
Appealing a Permit Suspension Request dated April 14, 2005, addressed to Acting Director Jim Hutchinson of the Dept. of Building Inspection, asking that all active building permits at the subject property be suspended. Reason(s) for suspension: Planning Department staff believes that work has taken place which exceeds the scope of the active building permits.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 2-3 (President Sugaya, Commissioners Knox and Albright dissented) to overrule the Permit Suspension Request, reinstate the permit, on condition that the siding be replaced with like materials, and with a finding that a demolition has not taken place. Motion failed, and the Permit Suspension Request was upheld.
SPEAKERS: Lawrence Badiner, ZA; Jeremy Paul, agent for appellants; Robert Mittelstadt, Cate Kellison, Norman LaBoe, John Weeden, David Davies, Rod Freebairn-Smith, and Janet Crane, for appellants; Katherine Petrin, F. Joseph Butler, and Nan Roth, for ZA.
(11) APPEAL NO. 05-075
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PAT BUSCOVICH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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2201 Baker Street.
Protesting the issuance on April 12, 2005, to Hassan Kangarloo, Permit to Alter a Building (on 13-unit residential/tourist hotel: change of occupancy class only, to single-family dwelling; no construction to take place on property; all drawings are shown “as-built”; building has full sprinkler suppression system).
APPLICATION NO. 2005/04/12/9782.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to October 19, 2005 at the written request of the parties.
SPEAKERS: None.
(12) APPEAL NO. 05-082
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TIBOR VOZAR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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643 Greenwich Street.
Protesting the issuance on April 21, 2005, to Kara Parsons, Site Permit to Alter a Building (on single-family house: add two stories on top of existing two-story building).
APPLICATION NO. 2002/11/27/2429S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Commissioner Fung recused) to uphold the permit.
SPEAKERS: Brett Gladstone, attorney for permit holder; appellant did not appear.
(13) APPEAL NO. 05-099
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KIRBY SACK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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168 Henry Street.
Protesting the issuance on May 25, 2005, to Jared Vermeil, Permit to Alter a Building (on two-unit residential building: replace existing windows with doors; add deck/rail on existing roof).
APPLICATION NO. 2005/05/25/3427.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 3-2 (Commissioners Garcia and Albright dissented) to revoke the permit. 4 votes being required to overturn a departmental action, the permit was upheld.
SPEAKERS: Kirby Sack, appellant; Jared Vermeil, permit holder; Lawrence Badiner, ZA.
(14) APPEAL NO. 05-100
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STEVE WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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520 Columbus Avenue.
Appealing the denial on June 8, 2005, of Permit to Alter a Building (submission for Section 312 neighborhood notification / change of use and formula retail review; there will be no alterations under this permit; all tenant improvements and ADA compliance will be submitted under a future permit upon approval of this submittal).
APPLICATION NO. 2005/01/07/2758.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
(15) APPEAL NO. 05-101
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HOWARD SCHINDLER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1074-1078 Francisco Street.
Appealing a determination dated May 26, 2005, addressed to Howard Schindler and Marcella Cluff, that variance decision no. 2002.0193V is void due to failure to implement within 3 years, and that the project must either be modified so as to not require a variance, or that a new variance application be filed which limits the expansion of the non-conforming units to minimal exterior deck areas.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Fung dissented) to overrule the determination with a finding that the appellant was not completely informed of the requirements, and had a reasonable expectation that a permit could be issued on that last day of the 3-year variance implementation period.
SPEAKERS: Lawrence Badiner, ZA; Howard Schindler, appellant; Arnie Lerner, agent for appellant.
There being no further business, President Sugaya adjourned the meeting at 10:12 p.m.
________________________________
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – AUGUST 10, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: None
(2) PUBLIC COMMENT: None.
(3a) PUBLIC COMMENT: None.
(3b) PUBLIC COMMENT: None.
(4) PUBLIC COMMENT: None.
(5) PUBLIC COMMENT: None.
(6a/b) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: None.
(8a) PUBLIC COMMENT: None.
(9a/b) PUBLIC COMMENT: Douglas Cawley said he has cleaned up the property which appears to have an abandoned house and a fire hazard; has no problem with demolition although he opposes the original design.
Camela Curry opposes demolition, owner has let the house deteriorate and a health hazard infested with raccoons.
F. Joseph Butler said the cost of repair doesn’t meet 50% requirement, he opposes demolition and supports Commission.
(10) PUBLIC COMMENT: Robert Mittelstadt said purposes of Article 10 are met by project and removal of siding is only way to apply waterproofing.
Norman LaBoe supports the project and made a site visit.
John Weeden is delighted with what appellants are doing and waits for project to be finished at last.
Katherine Petrin supports ZA because work exceeded plans and violates Article 10.
F. Joseph Butler disagrees with Mittelstadt and opposes the procedures used. Project is in effect a demolition.
Nan Roth had been persuaded project would preserve the building. It was dismantled. This is the third summer of construction and there was time to consult with LPAB before siding was removed; now opposes appeal.
David Davies supports appellants because site is now an eyesore and siding is not original anyway. Appellant will put siding back.
(11) PUBLIC COMMENT: None.
(12) PUBLIC COMMENT: None.
(13) PUBLIC COMMENT: None.
(14) PUBLIC COMMENT: None.
(15) PUBLIC COMMENT: None.
