Meeting Information

2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, JULY 23, 2003

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

 

PRESENT:  President Arnold Chin, Vice President Kathleen Harrington, Commissioner Hisashi Sugaya, and Commissioner Sabrina Saunders.

ABSENT:  Commissioner Douglas Shoemaker.

Catharine Barnes, Deputy City Attorney (DCA); Craig Nikitas, for the Planning Dept. (PD) & the Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (CBI DBI); Robert Feldman, Executive Secretary and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.

 

(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:  Dennis Shea explained vinyl windows using a demonstration window to show why old metal windows need to be replaced.  Tom Katz explained that he has tried to work with the Planning Dept. on his window replacement job but has not been able to reach an agreement in the matter; he is trying to legalize a window replacement made without an acceptable permit. 

 

(2)  COMMISSIONERS COMMENTS & QUESTIONS:

SPEAKERS:  None.

 

(3)  ADDENDUM ITEMS:

(3A)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                

Taxi medallion No(s). 1181; Revocation took effect March 25, 2003

Last Day to Appeal was April 9, 2003; Jurisdiction Request Received July 1, 2003

Letter from Lando Siu, requestor, asking that the Board take jurisdiction over the Taxi Commission’s revocation of medallion no. 1181.  Note:  The requestor filed an appeal of the Taxi Commission’s revocation (Appeal No. 03-052), and the Board held a hearing on June 4, 2003 where the revocation was upheld.  The rehearing period lapsed with no rehearing request filed, and a Notice of Decision & Order was issued, terminating the Board’s jurisdiction.  The requestor has filed this jurisdiction request asking the Board to grant him a second 10-day rehearing period and the opportunity to request a rehearing.  If this request is granted, the Board may consider the rehearing request for Appeal No(s). 03-052 as addendum item 3B.

ACTION:  Upon motion by Commissioner Sugaya, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the matter to August 6, 2003 at the prior written request of the parties. 

SPEAKERS:  None.

 

(3B)   REHEARING REQUEST:                        

Taxi Medallion No(s). 1181; Appeal No(s). 03-052; Siu vs. Taxi Commission

If the foregoing jurisdiction request (addendum item 3A) is granted, then this rehearing request may proceed:  Letter from Lando Siu, Appellant(s), requesting rehearing of Appeal No(s). 03-052, decided June 4, 2003.  At that time, upon motion by Commissioner Saunders, the Board voted   3-2 (Commissioners Shoemaker & Sugaya dissented) to overrule the revocation and instead impose a 3-month suspension of the subject medallion.  Four votes being required under Charter § 4.106 to overturn or modify a departmental action, the motion failed, and the Taxi Commission’s revocation was upheld.

ACTION:  Upon motion by Commissioner Sugaya, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the matter to August 6, 2003 at the prior written request of the parties. 

SPEAKERS:  None.

 

(3C)   REHEARING REQUEST:                        

Taxi Medallion No(s). 129; Appeal No(s). 02-020; Adams vs. Taxi Commission

Letter from John Feldmann III, Attorney for David Adams, Appellant(s), requesting rehearing of Appeal No(s). 02-020, decided June 25, 2003.  At that time, upon motion by Commissioner Saunders, the Board voted 3-2 (Commissioners Shoemaker & Sugaya dissented) to overrule the Taxi Commission and add the appellant’s name to the subject medallion.  Four votes being required under Charter § 4.106 to overturn or modify a departmental action, the motion failed, and the Taxi Commission’s denial of the request to add the appellant’s name to medallion no. 129 was upheld.

ACTION:  Upon motion by Commissioner Saunders, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the matter to August 6, 2003 at the prior written request of the parties. 

SPEAKERS:  None.

 

(4)    APPEAL NO. 03-070

MARC PASCHKE, Appellant(s)                         vs. DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent	137 Central Avenue. Protesting the issuance on May 1, 2003, to Edward Litke, Permit to Remove & Replace One (1) Tree. ORDER NO. 174,093. FOR HEARING TODAY.

ACTION:  Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the appeal to July 30, 2003 at the prior written request of the parties. 

SPEAKERS:  None.

 

ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:

(5A)   APPEAL NO. 03-056

GREGORY ERLACH, Appellant(s)                         vs. DEPT. OF BUILDING INSPECTION,                                                Respondent PLANNING DEPT. APPROVAL

531 – 43rd Avenue. Protesting the issuance on March 27, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: install 5’ high fence on side of front yard, treated vertical posts on 4’ centers, redwood lattice full height between verticals, pre-formed 3’ metal footings driven into ground floor for verticals, capped by treated 2” X 4” (on side) tying 5 posts together; 8’6” free standing; rest next to building) APPLICATION NO. 2003/03/27/0836. FOR HEARING TODAY.

(5B)  APPEAL NO. 03-067

GREGORY ERLACH, Appellant(s)                         vs. DEPT. OF BUILDING INSPECTION,                                               Respondent PLANNING DEPT. APPROVAL	531 – 43rd Avenue. Protesting the issuance on May 2, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: rebuild existing rear stairs in-kind). APPLICATION NO. 2003/05/02/3742. FOR HEARING TODAY.

ACTION:  Upon motion by President Chin, the Board voted 3-1-1 (Vice President Harrington dissented, Commissioner Shoemaker absent) to reschedule the appeal to Aug. 27, 2003.

SPEAKERS:  Ray Erlach, attorney for appellant, requested that the appeals be rescheduled to a date when all five Commissioners are present and he said that he is not available on August 6.  Alan Freebury, permit holder, said that he does not object to a rescheduling to August 6.  No public comment.

 

(6)   APPEAL NO. 03-062

GALINA VAYSMAN, Appellant(s)                         vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING COMMISSION DISAPPROVAL   § 14 Party: N/A (Staff Initiated DR)	644 Spruce Street. Appealing the denial on April 22, 2003, of a Permit to Demolish a Building (3-story single-family house). Note: Permit application to construct three-story one-family house on site is pending at Planning awaiting Board action on this appeal of denial of demolition application. APPLICATION NO. 2002/07/26/2425. FOR HEARING TODAY.

ACTION:  Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) reschedule the appeal to July 30, 2003.   

SPEAKERS:  Alice Barkley, attorney for appellant, asked the Board to hold a hearing and supply the absent Commissioner with an audio tape of the hearing so that he can participate in the discussion and vote on the appeal at a future meeting.  She agreed to a rescheduling of the appeal to July 30, 2003.  No public comment. 

 

(7)   APPEAL NO. 03-075

DANNY FONG, Appellant(s)                         vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	2620 Vicente Street. Protesting the issuance on May 13, 2003, to Si Fang Zhang, Site Permit to Alter a Building (on single-family house: rear extension, two-stories, consisting of 2 bedrooms on 1st floor, and a master bedroom and master bathroom on 2nd floor). APPLICATION NO. 2000/12/04/7076S. FOR HEARING TODAY.

ACTION:  Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the appeal to August 6, 2003 at the prior written request of the parties. 

SPEAKERS:  None.

 

(8)   APPEAL NO. 03-077

MARK ONG, Appellant(s)                         vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING COMMISSION DISAPPROVAL   § 14 Parties: N/A (Mandatory DR)	2545 Greenwich Street. Appealing the denial on May 28, 2003, of Permit to Alter a Building (interior modification to combine 2 units into 1 unit, resulting in a 2-unit building; no additional space is created; no exterior changes). APPLICATION NO. 2002/09/12/6333. FOR HEARING TODAY.

ACTION:  Upon motion by Commissioner Sugaya, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the appeal to August 6, 2003 at the prior written request of the parties. 

SPEAKERS:  None.

 

ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:

(9A)   APPEAL NO. 03-078

M.K. MURPHY, Appellant(s)                         vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	285 Edgewood Avenue. Protesting the issuance on May 15, 2003, to Paul Dennes, Site Permit to Erect a Building (two-story single-family dwelling with 900sf of ground floor area). APPLICATION NO. 2002/03//15/1545S. FOR HEARING TODAY.

(9B)  APPEAL NO. 03-079

JUDITH HARDING, Appellant(s)                         vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	285 Edgewood Avenue. Protesting the issuance on May 15, 2003, to Paul Dennes, Site Permit to Erect a Building (two-story single-family dwelling with 900sf of ground floor area). APPLICATION NO. 2002/03//15/1545S. FOR HEARING TODAY.

ACTION:  Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the appeal to July 30, 2003.  Afterwards, upon motion by President Chin, the Board voted  1-3-1 (Vice President Harrington, Commissioners Sugaya & Saunders dissented, Commissioner Shoemaker absent) to rescind the previous motion and reschedule the appeal to August 6, 2003; 3 votes being required to reschedule an appeal, the motion failed, and the appeal remained on July 30, 2003. 

SPEAKERS:  Judith Harding co-appellant, asked the Board to reschedule the appeal to a date when all five Commissioners are present, and that August 6 is acceptable to her.  Her problem is that her grandchildren are to visit and she wants to spend time with them.  David DiFRancisco, husband of appellant MK Murphy, asked the Board to reschedule the hearing to August 6 so that all five Commissioners can be present.  Jeremy Paul, agent for permit holder, objected to a rescheduling and asked the Board to hear the cases as presently scheduled even though only four Commissioners are present.  He said that there have been too many delays in the process, and that the appellants will continue to object to his client’s project indefinitely.  No public comment.

 

(10)    APPEAL NO. 03-080

EVELYN ELSESSER KAHL, Appellant(s)                         vs. ZONING ADMINISTRATOR, Respondent	565 Diamond Street. Appealing a determination dated May 15, 2003, addressed to Stephen Johnson, that the non-conforming structure on the adjacent lot at 551-555 Diamond Street cannot be used for rear yard averaging so as to allow the rear expansion of the subject property because the said non-conforming structure is not a dwelling unit under Planning Code § 102. FOR HEARING TODAY.

ACTION:  Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the appeal to August 6, 2003 at the prior written request of the parties. 

SPEAKERS:  None.

 

ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:

(11A)   APPEAL NO. 03-098

MILLIE McCALLUM, Appellant(s)                         vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	438 – 21st Avenue. Protesting the issuance on June 3, 2003, to Sze-Hoi Yip, Permit to Demolish a Building (3-story single family dwelling with 900sf of ground floor area). APPLICATION NO. 2002/05/29/7730. FOR HEARING TODAY.

(11B)   APPEAL NO. 03-099

MILLIE McCALLUM, Appellant(s)                         vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	438 – 21st Avenue. Protesting the issuance on June 3, 2003, to Sze-Hoi Yip, Site Permit to Erect a Building (4-story, 2-unit building with 1,656sf of ground floor area). APPLICATION NO. 2002/05/29/7735S. FOR HEARING TODAY.

ACTION:  Upon motion by Commissioner Saunders, the Board voted 2-2-1 (President Chin & Vice President Harrington dissented, Commissioner Shoemaker absent) to reschedule the appeal to July 30, 2003.  3 votes being required to reschedule an appeal, the motion failed, and the appeal would go forward.  Afterwards, upon motion by Commissioner Saunders, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold both permits on condition that the sound-proofing inspection report be given to the appellant.  

SPEAKERS:  Millie McCallum, appellant, asked the Board to reschedule the appeals to a date when all five Commissioners are present because she needs four votes to prevail.  She said that July 30, 2003 is not acceptable to her but that August 6 is.  After the Board decided to hear the matter she read a statement into the record and asked for relief from the effects the proposed building will have on her property.  Patrice Fambrini, agent for permit holder, asked the Board to uphold the permits and described the project and the plight of the permit holder.  Craig Nikitas, PD, explained the decision of the Commission and the conditions imposed.  Public comment for the appellant: Robert Krolak, friend of the appellant, asked the Board to support the appellant and agreed with her statement; he said the project will have a serious impact on her privacy.  No public comment for permit holder.

 

There being no further business President Chin adjourned the meeting at 6:11 pm.

____________________________                  __________________________________

Arnold Y. K. Chin, President                              Robert H. Feldman, Executive Secretary

 

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