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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, APRIL 20, 2005

 

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

 

 

PRESENT: President Hisashi Sugaya, Vice President Sabrina Saunders, 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); Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.

 

ABSENT: Robert Feldman, Executive Secretary.

 

 

ELECTION OF OFFICERS:

 

Upon motion by Commissioner Knox, the Board voted 5-0 to elect Hisashi Sugaya President, and Sabrina Saunders Vice President. 

 

 

(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.

 

SPEAKERS:  None.

 

 

(2)  COMMISSIONERS COMMENTS & QUESTIONS:

SPEAKERS: None.

 

 

(3)     ADDENDUM ITEMS: 

 

(3A)  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. 

 

ACTION: Upon motion by President Sugaya, the Board voted 3-2 (Commissioner Knox & Vice President Saunders dissented) to deny the request for jurisdiction.

 

SPEAKERS: Howard Lazar, for the Arts Commission; Ananda Joy Norris, attorney for requestor; and Richard Leon, for the Arts Commission.

 

 

 

(3B)  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.

 

ACTION: Upon motion by Vice President Saunders, the Board voted 4-0-1 (Commissioner Garcia recused) to continue the hearing to May 4, 2005. 

 

SPEAKERS: Milla Lvovich; Andrew Zacks, attorney for permit holder; and Lawrence Kornfield, DBI.

 

 

(3C)  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.

 

ACTION: Upon motion by Vice President Saunders, the Board voted 5-0 to reschedule the hearing to June 29, 2005 at the written request of the parties.

 

 

 

 

(3D)  ADOPTION OF FINDINGS:                                                

Subject property at 323 – 26th Avenue.  Appeal No(s). 04-173, Chow vs. DBI, decided April 13, 2005.  At that time, upon motion by Acting President Sugaya, the Board voted 5-0 to overrule the Notice of Decision by Acting DBI Director Jim Hutchinson, and for findings to be adopted on April 20, 2005.  NOD: an unlawful residential demolition has taken place at the subject property within the meaning of San Francisco Building Code §§ 103.3, 103.3.1, and 103.3.2, that Building Permit Application No(s). 2002/03/11/1078S1-5 & 2004/05/18/4138 are hereby revoked, and that a        5-year moratorium on the issuance of building permits is hereby imposed pursuant to San Francisco Building Code   § 103.3.1.

 

ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to adopt the findings as revised by the OCA.

 

SPEAKERS:  None.

 

 

(3E)  ADOPTION OF FINDINGS:                                                

Subject property at 261 – 26th Avenue.  Appeal No(s). 04-186/187, Pikovsky vs. DBI, PCD, decided April 13, 2005.  At that time, upon motion by Commissioner Fung, the Board voted 5-0 to overrule the denials by the Planning Commission, and grant the demolition permit and site permit with conditions as proposed by the Planning Department, and with findings to be adopted on April 20, 2005.  Project: demolition of 2-story, 2-unit residential building with 1,163sf of ground floor area, and construction of 4-story, 3-unit residential building with 2,070sf of ground floor area.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to adopt the findings as revised by the OCA.

 

SPEAKERS:  None.

 

 

(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.

 

(4A)  APPEAL NO. 05-013

 

MARCIA POPE & JEFF RUBIN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2815 Pine Street.

Appeal for refund of penalty imposed on Jan. 12, 2005 for work done without a permit (on single-family house: remove illegal unit on ground floor per NOV no. 199602226; add bathroom at 3rd floor; remodel kitchen at 2nd floor; remodel bathroom and laundry at 2nd floor).

APPLICATION NO. 2005/01/07/2786.

FOR HEARING TODAY.

 

ACTION: Appeal withdrawn by appellant.

 

 

 

(5)  APPEAL NO. 04-132

ALISON JOSEPH, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

 

1244 – 1268 Sutter Street.

Appealing a determination dated September 17, 2004, addressed to Alison Joseph, that the proposed office expansion at 1268 Sutter Street requires a Planning Code § 321 application for office space and a Conditional Use (CU) application for change of use above the ground story.

Note:  On Feb. 2, 2005, the Board voted  3-1 to overrule the subject determination with a finding that the current use of the subject property is not office use, and instead resembles an arts activity under the Planning Code.  On March 9, 2005, the Board voted 3-0 to grant the Zoning Administrator’s rehearing request, and to set the rehearing for March 30, 2005.

FOR REHEARING TODAY.

 

ACTION: Appeal withdrawn by appellant.

 

 

 

(6)  APPEAL NO. 04-190

DAMIEN GREY, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

1433 Haight Street.

Protesting the issuance on December 1, 2004, to Kenneth Epstein, Permit to Alter a Building (on an apartment building: corrections related to NOV No. 200452370; remove rear southwest deck installed without permit).

APPLICATION NO. 2004/12/01/0488.

NOTE:  PUBLIC HEARING HELD & CLOSED MARCH 9, 2005.  CONTINUED FOR LACK OF QUORUM.  FOR FURTHER CONSIDERATION TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Vice President Saunders dissented) to uphold the permit.

 

SPEAKERS:  Jeffrey Livingston, attorney for permit holder; Michelle Tommey, agent for appellant.

 

 

(7)    APPEAL NO. 05-022

CAMILLE HAMILTON

& DAVID PATING, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

 

755 – 22nd Avenue.

Protesting the issuance on January 13, 2005 (neighborhood notification reissued Feb. 1, 2005 by DBI’s Central Permit Bureau), to Jeffery Nemy & Betsy Erickson, Permit to Alter a Building (on single-family house: add 6’ addition with decks to rear of building as shown on drawings; remodel 3rd floor to provide for new bathroom and decks; remodel kitchen, breakfast room, toilet/powder room and add deck at 2nd floor; remodel garage to provide for new bathroom; add dwelling unit at 1st floor).

APPLICATION NO. 2003/09/29/6087S.

NOTE:  PUBLIC HEARING HELD & CLOSED MARCH 30, 2005.  CONTINUED FOR LACK OF QUORUM.  FOR FURTHER CONSIDERATION TODAY.

 

ACTION: Upon motion by President Sugaya, the Board voted 5-0 to continue the hearing to May 18, 2005.

 

SPEAKERS:  Camille Hamilton, co-appellant; Andrew Junius, attorney for permit holder.

 

 

 

(8)  APPEAL NO. 04-188

PETER OVERMIRE, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

Subj. Prop. Owner(s): ROBERT MAHONEY

 

 

22 Alta Street.

Protesting a determination dated November 29, 2004, addressed to Alice Barkley at Luce Forward LLP, that since the Certificate of Appropriateness pursuant to Planning Commission Motion No. 16086 is predicated on a specific permit (Building Permit Application No. 9710066S), and since this permit is still valid, then the Certificate of Appropriateness is still valid.

FOR HEARING TODAY.

 

ACTION: Appeal withdrawn by appellant.

 

 

 

 (9)    APPEAL NO. 05-005

TIMOTHY BLAINE, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

 

 

3330 Pierce Street.

Appealing the denial on Nov. 10, 2004, of Permit to Alter a Building (on 21-unit apartment building: replace all exterior windows).

APPLICATION NO. 2004/09/01/3110.

FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Saunders, the Board voted 5-0 to continue the hearing to June 29, 2005 with the public hearing held and closed.

 

SPEAKERS:  Gregory Blaine, agent for appellant; Lawrence Badiner, ZA.

 

 

 

  (10)  APPEAL NO. 05-012

VAN NESS TOWERS LLC, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

724-730 Van Ness Ave. / 640-660 Turk St.

Appealing a determination dated January 11, 2005, addressed to Charles Marsteller & Nancy Gin, 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.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Sugaya, the Board voted 3-1-1 (Commissioner Fung dissented, Vice President Saunders absent) to uphold the determination.

 

SPEAKERS:  John Sanger, attorney for appellant; Charles Marsteller, co-determination holder; and Lawrence Badiner, ZA.

 

 

 

(11)    APPEAL NO. 05-035

SPRINT PCS, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

2350 Turk Street.

Appealing a Permit Suspension Request dated February 8, 2005, addressed to Acting Director Jim Hutchinson of the Dept. of Building Inspection, asking that Building Permit Application No(s). 2004/01/30/5271 be suspended because it was approved in error by the Planning Department without the required review or public hearing.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders

absent) to uphold the ZA’s Permit Suspension Request.

 

SPEAKERS:  Stephen Ledoux, attorney for appellant; Richard Fenton; and Lawrence Badiner, ZA.

 

 

(12)    APPEAL NO. V05-037

KAUSHIK DATTANI, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

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.

 

ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to reschedule the hearing to June 1, 2005 at the written request of the parties.

 

 

There being no further business, President Sugaya adjourned the meeting at 9:20 pm.

 

________________________________                         

Robert H. Feldman, Executive Secretary

 

Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.