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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, APRIL 6, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: Acting President Hisashi Sugaya, and Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Planning Department (PD); 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.
ABSENT: Acting Vice President Sabrina Saunders and Commissioner Frank Fung.
(1) PUBLIC COMMENT:
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) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 578-592 Jersey Street. Permit revoked on November 16, 2004. Last day to appeal was December 1, 2004. Jurisdiction request received on February 23, 2005. Letter from William Abend, agent for Del-Camp Investments, requestor(s), asking that the Board take jurisdiction over the revocation of Building Permit Application No(s). 2004/01/27/4922. Reasons for revocation: the subject permit was issued in error since it was disapproved by the Planning Department because the proposed vinyl windows are inappropriate for the building.
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ACTION: Rescheduled to June 8, 2005 due to lack of quorum.
(3B) REHEARING REQUEST:
Subject property at 454 – 17th Avenue. Letter from Esther Lau, appellant(s), requesting rehearing of Appeal No(s). 04-147 & 04-174, decided Feb. 16, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0 to uphold both permits on condition that the permit holder acoustically treat the bathrooms for appropriate sound isolation as required for new condominiums under the Building Code. Project: 1st permit, on single-family house, master bath addition; bathroom renovation on 3rd floor to comply with NOV No. 200453961. Project: 2nd permit, on single-family house, dry rot framing and siding repair, refer to Building Permit Application No. 2004/10/01/5795 and NOV No. 200455119. Permit Holder(s): Curt Sigfstead & Lara Witter.
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ACTION: Rescheduled to April 13, 2005 due to lack of quorum.
(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
No specific subject property. Request to renew street-artist permit denied on May 19, 2004. Last day to appeal was June 3, 2004. Jurisdiction request received on March 16, 2005. Letter from Paula Datesh, requestor(s), asking that the Board take jurisdiction over the afore-mentioned action by the Arts Commission.
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ACTION: Rescheduled to April 20, 2005 due to lack of quorum.
(3D) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 438 Clementina Street. Permit issued on September 17, 2004. Last day to appeal was October 4, 2004. Jurisdiction request received on March 18, 2005. Letter from Allison & Thomas Kohler, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2000/11/29/6742S. Permit Holder(s): Raul Arriaza. Project: construction of 6-story, 20-unit residential/commercial building with 5,625sf of ground floor area.
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ACTION: Rescheduled to April 13, 2005 due to lack of quorum.
(3E) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 973-975 Guerrero Street. Permit issued on December 15, 2004. Last day to appeal was December 30, 2004. Jurisdiction request received on February 24, 2005. Letter from Lynn Sulley & Lee Taylor, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s).2004/12/15/1488. Permit Holder(s): Henry Lucero. Project: repair sheet rock, ceiling and floors due to fire damage in kitchen and baths; for units 973 & 975 only.
Note: Public hearing held March 30, 2005. For further consideration today.
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ACTION: Rescheduled to April 20, 2005 due to lack of quorum.
(3F) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 368-370 Dolores Street. Permit issued on December 3, 2004. Last day to appeal was December 20, 2004. Jurisdiction request received on February 17, 2005. Letter from Karen Hull, attorney for Graciela Garcia et al., requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/11/19/9985. Permit Holder(s): Ugo Sap. Project: on 2-unit building, comply with NOV No. 199816131, revert back to 2-family dwelling from 10 illegally converted guest rooms, and rebuild egress stair at rear.
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ACTION: Rescheduled to April 20, 2005 due to lack of quorum.
(4) CONSENT ITEMS (DBI PENALTY):
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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(4A) APPEAL NO. 04-201
HOADY FAMILY
REVOCABLE TRUST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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466 Paris Street.
Appealing the imposition of penalty on Dec. 22, 2004, for work done without a permit (on a 3-unit residential building: legalization of work without permit; 2nd egress; no change of use; sprinkler permit will be obtained by contractor).
APPLICATION NO. 2003/02/13/7441S.
FOR HEARING TODAY.
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ACTION: Rescheduled to May 4, 2005 due to lack of quorum.
(4B) APPEAL NO. 05-026
M.R. NAIR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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152 Bertita Street.
Appeal for refund of penalty imposed on February 11, 2005, for work done without a permit (on single-family house: abate NOV No. 200232575; restore original condition approved on May 21, 1990; current owner does not know location of illegal rear addition that was started by previous owner).
APPLICATION NO. 2005/02/11/5351.
FOR HEARING TODAY.
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ACTION: Rescheduled to May 4, 2005 due to lack of quorum.
(5) APPEAL NO. 03-154
ULYSSES NAPURI
dba “LAST STOP SOUVENIR”, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
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498 Beach Street.
Appealing the denial on May 5, 2003, of a Sidewalk Display Merchandise Permit.
ORDER NO. 174,098.
JURISDICTION GRANTED ON 9/17/2003.
PUBLIC HEARING HELD ON 12/10/2003.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Rescheduled to June 8, 2005 due to lack of quorum.
(6) APPEAL NO. 04-160
BUSH & OCTAVIA REALTY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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1801 Bush Street.
Appealing the denial on October 6, 2004, of Permit to Erect a Sign (6’ X 4’ sign, 8” thick, 120lbs in weight, with 24sf of total surface area, and 20sf of advertising space).
APPLICATION NO. 2004/06/08/5834.
FOR HEARING TODAY.
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ACTION: Rescheduled to April 13, 2005 due to lack of quorum.
(7) APPEAL NO. 04-200
CLAUDINE RYAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: N/A (Mandatory DR)
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21-23 Jersey Street.
Appealing the denial on December 21, 2004, of Permit to Alter a Building (merge 2 units into single-family residence; remove partition walls at top and bottom of stairs and replace with guardrails; reference previous Building Permit Applications 2000/09/29/1932 & 2000/10/27/4285).
APPLICATION NO. 2004/07/01/7869.
FOR HEARING TODAY.
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ACTION: Rescheduled to May 4, 2005 due to lack of quorum.
(8) APPEAL NO. 04-203
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 Permit Applications associated with the subject property be suspended. Reason(s) for suspension: the Planning Department 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 per a Dec. 12, 2002 public hearing.
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: Rescheduled to June 1, 2005 due to lack of quorum.
(9) APPEAL NO. V04-204
ELIZABETH FREITAS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1915 Diamond Street.
Appealing the denial on December 16, 2004, of Minimum Lot Area & Rear Yard Variances (proposal is to subdivide an existing through lot of approximately 4,322sf in area into two separate lots).
VARIANCE CASE NO. 2004.1108V.
FOR HEARING TODAY.
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ACTION: Rescheduled to May 18, 2005 due to lack of quorum.
ITEMS (10A), (10B), (10C), (10D), (10E), (10F), & (10G) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 05-023
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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(10B) APPEAL NO. 05-024
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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(10C) APPEAL NO. 05-025
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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(10D) APPEAL NO. 05-029
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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(10E) APPEAL NO. 05-030
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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(10F) APPEAL NO. 05-031
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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(10G) APPEAL NO. 05-032
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: All 7 appeals rescheduled to June 1, 2005 due to lack of quorum.
(11) APPEAL NO. 05-027
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: Rescheduled to June 1, 2005 due to lack of quorum.
(12) APPEAL NO. 05-028
OSWALD COUSINS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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837-839 Hayes Street.
Appealing the denial on February 9, 2005, of Permit to Alter a Building (correct the record to reflect two legal existing units; no work proposed).
APPLICATION NO. 2004/04/28/2525.
FOR HEARING TODAY.
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ACTION: Rescheduled to May 18, 2005 due to lack of quorum.
There being no further business, Acting President Sugaya adjourned the meeting at 5:35 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.