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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 1, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: Vice President Sabrina Saunders, Commissioner Frank Fung, Commissioner Randall Knox, and Commissioner Mike Garcia.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Lawrence Badiner, Zoning Administrator (ZA); Leo McFadden, Senior 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.
ABSENT: President Hisashi Sugaya.
(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) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) REHEARING REQUEST:
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Subject property at 724-730 Van Ness Avenue / 640-660 Turk Street. Letter from John Sanger, attorney for Van Ness Towers LLC, appellant(s), requesting rehearing of Appeal No(s). 05-012, Van Ness Towers LLC vs. ZA, decided April 20, 2005. At that time, upon motion by President Sugaya, the Board voted 3-1-1 (Commissioner Fung dissented, Vice President Saunders absent) to uphold the subject determination by the Zoning Administrator concerning broader procedural issues related to the approved mixed-use development project at the subject property and proposed modifications to this approved project by the new property owner. Determination Holder(s): Charles Marsteller & Nancy Gin.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (President Sugaya absent) to deny the request for rehearing.
SPEAKERS: John Sanger, attorney for appellant; Lawrence Badiner, ZA; Charles Marsteller, determination holder.
(4) APPEAL NO. V05-037
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KAUSHIK DATTANI, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3321 – 20th Street.
Appealing the denial on January 5, 2005, of Rear Yard Variance (proposal is to construct a new dwelling unit consisting of two stories on top of an existing commercial structure that sits within the required rear yard of the neighboring corner building (3305 – 22nd Street); the subject building and the neighboring corner building share the same lot.
VARIANCE CASE NO. 2004.0624V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (President Sugaya absent) to uphold the denial.
SPEAKERS: Laurence Badiner, ZA; Jeremy Paul, agent for appellant.
(5) 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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(5A) APPEAL NO. 05-063
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JERROLD POLANKSY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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339 Elsie Street.
Appealing the imposition of penalty on April 4, 2005, for work done without a permit (on single-family house: dormer built without permit; comply with NOV No. 200345584).
APPLICATION NO. 2004/06/07/5735.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (President Sugaya absent) to reduce the penalty to 4 times the regular fee.
SPEAKERS: Leo McFadden, DBI; Jerrold Polansky, appellant; Laurence Badiner, ZA.
(6) APPEAL NO. 04-191
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NEXTMEDIA GROUP INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subj. Prop. Owner(s): REALTIME
PROPERTIES LLC
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60 Broadway Street.
Appealing a determination dated November 29, 2004, addressed to Steve Atkinson at Steefel, Levitt & Weiss LLP, that the Planning Department could not accept Nextmedia’s June 2002 or November 2003 applications to erect a general advertising sign at the subject property as those applications were submitted after the passage of Proposition G, and similarly, that the Planning Department cannot accept any future applications from Nextmedia for a general advertising sign at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (President Sugaya absent) to reschedule the hearing to July 27, 2005 at the written request of the parties.
SPEAKERS: None.
(7) APPEAL NO. 04-203
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KEN PAGE
& VINCENT LEGER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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21 Buena Vista East Avenue.
Appealing a Permit Suspension Request dated December 14, 2004, addressed to Dept. of Building Inspection Acting Director Jim Hutchinson, requesting that all building permits at the subject property be suspended. Reasons for suspension: the Planning Dept. believes the owners have pursued a “serial permitting” strategy to effectively convert the home in question from 14 guest rooms and one dwelling unit into a single-family dwelling without proper public notification and in contradiction of the Planning Commission’s actions.
APPLICATION NOS. 2004/02/27/7379, 2004/02/27/7382, 2004/06/28/7501 & 2004/06/28/7503.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (President Sugaya absent) to reschedule the hearing to July 27, 2005 at the written request of the parties.
SPEAKERS: None.
ITEMS (8A), (8B), (8C), (8D), (8E), (8F), & (8G) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 05-023
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MARGARET & ARMEN DILDILIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(8B) APPEAL NO. 05-024
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KAY CAVAGNARO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(8C) APPEAL NO. 05-025
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DAVID GOLDBLATT
& CHRISTINE BEARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(8D) APPEAL NO. 05-029
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BOBBY LONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(8E) APPEAL NO. 05-030
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LILY LONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(8F) APPEAL NO. 05-031
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JOSEPH YU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(8G) APPEAL NO. 05-032
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JOHNSON YANG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 4-0-1 (President Sugaya absent) to reschedule all the appeals to June 8, 2005.
SPEAKERS: Kay Cavanaro, agent for appellants; Matthew Brennan, attorney for permit holder.
(9) APPEAL NO. 05-027
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ROBERTO & JOSEPHINE SOTO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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452 Wilde Avenue.
Protesting the issuance on February 2, 2005, to M.E. Godinet, Permit to Alter a Building (on single-family house: rebuild deck, replace in-kind using existing footings; comply with NOV No. 200557087).
APPLICATION NO. 2005/02/02/4573.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 4-0-1 (President Sugaya absent) to continue the hearing to June 8, 2005, with the public hearing closed, except for rebuttals.
SPEAKERS: Josephine Soto, co-appellant; Martina Godinet, permit holder; Norman Kunz, agent for permit holder; Leo McFadden, DBI.
ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 05-039
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JOANNE ZOU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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83 Harrington Street.
Protesting the issuance on December 17, 2004, to Shuen Yueng Temple, Permit to Alter a Building (on single-family house, correct NOV no. 200454053; remove 10’ deep X 25’ wide enclosure to original deck; add 1-hour firewall on both sides).
APPLICATION NO. 2004/12/17/1673.
JURISDICTION GRANTED FEB. 23, 2005.
FOR HEARING TODAY.
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(10B) APPEAL NO. 05-062
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JOANNE ZOU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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83 Harrington Street.
Protesting the issuance on March 25, 2005, to Mr. & Mrs. Lee, Permit to Alter a Building (on single-family house: continuous work on BPA No. 2004/12/17/1673; legalization of existing deck to comply with NOV No. 200454053).
APPLICATION NO. 2005/03/25/8411.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (President Sugaya absent) to uphold both permits on the condition that the tent in the rear yard be removed.
SPEAKERS: Joanne Zou, appellant; Michael Yiu, agent for permit holder; Lawrence Badiner, ZA.
(11) APPEAL NO. 05-060
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YAN HUI CHEN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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30 Dore Street.
Protesting the issuance on March 24, 2005, to George Hauser, Permit to Erect a Building (5-story, 42-unit residential building with garage, with 6,241sf of ground floor area).
APPLICATION NO. 2004/08/26/2687.
FOR HEARING TODAY.
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ACTION: (1) Upon motion by Commissioner Garcia, the Board voted 4-0-1 (President Sugaya absent) to hear the case tonight. (2) Upon motion by Commissioner Garcia, the Board voted 4-0-1 (President Sugaya absent) to uphold the permit with Negative Declaration findings as read into record by Catharine Barnes.
SPEAKERS: James Johnson, attorney for appellant; David Cincotta, attorney for permit holder; Karen Xu, for appellant; Pedro Fernandez, agent for permit holder.
ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 05-064
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AMY McDOUGALL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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1740 Filbert Street.
Appealing the denial on April 15, 2005, of Permit to Demolish a Building (single-story building with 320sf of ground floor area).
APPLICATION NO. 2004/12/02/0582.
FOR HEARING TODAY.
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(12B) APPEAL NO. 05-065
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AMY McDOUGALL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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1740 Filbert Street.
Appealing the denial on April 15, 2005, of Site Permit to Erect a Building (4-story single-family dwelling with 1,224sf of ground floor area).
APPLICATION NO. 2004/12/02/0571S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 4-0-1 (President Sugaya absent) to reschedule both appeals to June 8, 2005 at the written request of the parties.
SPEAKERS: None.
There being no further business, President Sugaya adjourned the meeting at 8:38 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
