To view graphic version of this page, refresh this page (F5)

Skip to page body

Meeting Information



2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 

 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, DECEMBER 6, 2006

 

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Michael Garcia, Commissioner Katharine Albright and Commissioner Robert Haaland.

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Tina Tam, Senior Planner, Planning Department (PD); Ron Tom, Chief Building Inspector, Dept. of Building Inspection (DBI); Carla Short, Department of Public Works Bureau of Urban Forestry, (DPW, BUF); Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant, for the Board; and Bernice Covington, Official Court Reporter.

 

(1)    PUBLIC COMMENT: 

 

SPEAKER: Tony Fu.

 

PUBLIC COMMENT: Tony Fu read a letter to the Board regarding the Executive Secretary, Robert Feldman.

 

 

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.

 

 

(2)    COMMMISSIONERS COMMENTS & QUESTIONS: 

 

SPEAKERS:  None.

 

 

(3)   SPECIAL ITEM:

 

Discussion and possible action to approve a Board Attendance Policy to comply with Board of Supervisors Resolution 502-06 (urging Commissions to adopt an internal attendance policy) and the Mayor's directive dated September 18, 2006 (urging Commissions to adopt specific baseline standards for attendance).

 

 

ACTION:  Upon motion by Commissioner Haaland, the Board voted 4-1 (Vice President Knox dissented) to adopt the Mayor’s attendance template.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

(4)    ADDENDUM ITEMS: 

(4a)  ADOPTION OF FINDINGS:                                                 

Subject property at 504 – 6th Street.  Appeal No. 06-039, Hicks vs. DBI, PDD, decided August 16, 2006 at a rehearing.  At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the permit, with findings to be adopted at a later date.  Project: construction of sign (ground, non-electric, single-faced, 14’ X 48’, with 672sf of total surface area), BPA No. 2005/10/11/5200.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5-0 to adopt the findings. (the findings in the file and in the computer).

 

SPEAKERS:  Alice Barkley, attorney for appellant; Lawrence Badiner, ZA.

 

PUBLIC COMMENT:  None.

 

 

(4b)  REHEARING REQUEST:                                                 

Subject property at 2395 – 12th Avenue.  Letter from Toha Quan, appellant, requesting rehearing of Appeal No. 06-077, Quan vs. ZA, decided October 18, 2006.  Upon motion by President Fung, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the subject notice of violation by the Zoning Administrator.  NOV: that a manufacturing and processing operation has been established at the subject property, in violation of Planning Code §§ 151, 204.1, 226, and 711.38.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to deny the request of rehearing.

 

SPEAKERS:  Toha Quan, appellant; Larry Badiner, ZA.

 

PUBLIC COMMENT:  None.

 

 

(4)c  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                                                  

Subject property at 1535 Leavenworth Street #17.  Permits issued on October 12, 2006.  Last day to appeal was October 27, 2006.  Jurisdiction requests received on November 8, 2006.  Letter from Michael Lee, co-requestor, asking that the Board take jurisdiction over Building Permit Application No. 2006/10/12/4857, Electrical Permit No. E200610122161, and Plumbing Permit No. P584880.  Project: kitchen and bathroom remodel.  Permit Holder: ADAK Investors.

 

ACTION: Withdrawn by the appellant.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

(4d)  ADOPTION OF FINDINGS:                                                 

Subject property at 1590 Bryant Street.  Appeal No. 06-110, Sports Basement vs. ZA, decided      November 8, 2006 at a rehearing.  At that time, upon motion by Commissioner Haaland, the Board voted 5-0 to overrule the ZA’s determination with findings to be adopted on December 6, 2006.  Determination: concerning a proposal at the subject property for a 54,000 gross square foot Sports Basement store (retail sales and services facility).

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to adopt the findings as amended. Victor Pacheco, legal assistant made changes to a file copy.

 

SPEAKERS: Mary Murphy, attorney for appellant; Larry Badiner, ZA.

 

PUBLIC COMMENT: None.

 

(4e)  ADOPTION OF FINDINGS:                                                 

Subject property at 2125 – 19th Street.  Appeal No. V06-149, Harrison vs. ZA,  decided     November 8, 2006.  At that time, upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the partial grant of the variance, and to overrule the partial denial of the variance, with findings to be adopted on December 6, 2006.  Variance: allow a 2nd story addition but not allow the new addition within the lot’s required rear yard; variance case no. 2005.1212V.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to adopt the findings as amended. Cincotta will email to Victor Pacheco, legal assistant a copy of the final version with the approved amendments.

SPEAKERS: None.

PUBLIC COMMENT: None.

 

(5)    APPEAL NO. 06-162

MICHAEL & LEORA VESTEL, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

 

1405 York Street.

Protesting the issuance on September 26, 2006, to Jie Xing Lin, Permit to Alter a Building (on single-family house: enclose outside deck and rear stair into habitable area; comply with NOV No. 200452181; reference BPA No. 2004/08/09/1027).

APPLICATION NO. 2005/01/25/3937.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the permit.

 

SPEAKERS: Michael Vestel, co-appellant; Wendy Lin, agent for permit holder; Larry Badiner, ZA

 

PUBLIC COMMENT: None:

 

(6)    APPEAL NO. 06-166

SAN FRANCISCO

UNIFIED SCHOOL DISTRICT, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

3630 Divisadero Street.

Appealing the conditions placed on a Permit to Remove and Replace Thirteen (13) Trees.

ORDER NO. 176,392.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted to recluse President Fung.

 

ACTION: Upon final motion by Vice President Know, the Board voted 4 – 0 to uphold the permit with the 36’’ box condition to be struck and the replacement size to be determined later.

 

SPEAKERS: John Lazcano, SFUSD; Carla Short, DPW, BUF.

 

PUBLIC COMMENT: Bruce Stone spoke in support of DPW, BUF and offered to assist DPW in replacing trees on Divisadero to have maximum sized of the replacement trees.

 

 

ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:

(7A)  APPEAL NO. 06-154

MARK O’FLYNN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

1678 Great Highway.

Protesting the reinstatement on September 7, 2006, of Building Permit Application No. 2004/11/05/8645 (renew BPA No. 2004/04/06/0513 – abate complaint no. 200447914; replace back roof that is dry rotted and leaking; replace ceiling).  Reason for reinstatement: done at the request of the Planning Department. Permit Holder: Ian Wallace. 

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 4 -1 (Commissioner Haaland dissented) to uphold the permit) to uphold the reinstatement of appeal 06-154 and to uphold the permit for appeal 06-172.

 

SPEAKERS: Mark O’Flynn, appellant; Lan Wallace, permit holder; Larry Baldiner, ZA; Ron Tom, DBI.

PUBLIC COMMENT: None.

 

 

(7B)  APPEAL NO. 06-172

MARK O’FLYNN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

1678 Great Highway.

Protesting the issuance on October 11, 2006, to Ian Wallace, Site Permit to Alter a Building (on single-family house: legalize work done under BPA No. 2004/04/06/0513 by performing retroactive § 311 notification, and retroactive approval of wood to vinyl window replacements).

APPLICATION NO. 2006/02/01/3549S. 

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 4 -1 (Commissioner Haaland dissented) to uphold the permit) to uphold the reinstatement of appeal 06-154 and to uphold the permit for appeal 06-172.

 

SPEAKERS: Mark O’Flynn, appellant; Lan Wallace, permit holder; Larry Baldiner, ZA; Ron Tom, DBI.

 

PUBLIC COMMENT: None.

 

 

(8)    APPEAL NO. V06-163

MARIE LEWANDOWSKI, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

2325 Ocean Avenue.

Appealing the denial on October 6, 2006, of Rear Yard Variance (legalize construction of a lower level in-fill addition, deck, and awning, located within the required rear yard).

VARIANCE CASE NO. 2006.0395V.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue the matter to 1/10/07, with the public hearing closed and with DBI to conduct a site visit.

 

SPEAKERS: Martin Zunada, attorney for appellant; Larry Badiner, ZA.

 

PUBLIC COMMENT: Carolyn Harpster spoke in favor of the appellant.

 

 

(9)    APPEAL NO. 06-164

BING CHEUK LAW, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

 

 

227-229 – 7th Avenue.

Protesting the issuance on October 2, 2006, to Mikhail Kurgatnikov, Permit to Alter a Building (on 2-unit building: no work to be done on 1st floor; remodel kitchens and bathrooms, and add new bathrooms on 2nd and 3rd floors; all work within envelope of existing building).

APPLICATION NO. 2006/02/02/3683.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to uphold the permit on conditions that: a) the plumbing fixtures be restored within two weeks of the start work date; b) that all other works be completed within 60 days of the start work date; c) that the 48 hours notice of  a utility  shut-off be given to appellant; d) that the permit holder seek alternative arrangements for loss of use of parking space to appellant; e) that the capital improvements pass through be limited to the amount for both remodels in the DBI schedule

 

 

There being no further business, President Fung adjourned the meeting at 8:45 p.m.

 

________________________________                        

Robert H. Feldman, Executive Secretary

 

 

Transcripts of these hearings can be obtained from, the Official Court Reporter.