2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 2, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: Acting President Hisashi Sugaya, Acting Vice President Sabrina Saunders, Commissioner Frank Fung, 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.
(1) ANNUAL ELECTION OF OFFICERS:
ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0 to name Sabrina Saunders Acting Vice President, with Hisashi Sugaya as Acting President.
(2) 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: Carl MacMurdo, Brett Gladstone and Jonas Ionin congratulated new officers.
(3) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(4) INCOMPATIBLE ACTIVITES STATEMENT:
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Public hearing, discussion and adoption of the Board of Appeals’ Incompatible Activities Statement as required by the San Francisco Campaign and Governmental Conduct Code § 3.218. Copies are available at the Board office. Please address comments to Executive Secretary Robert Feldman, Board of Appeals, 1660 Mission Street #3036, SF, CA 94103. Telephone (415) 575-6880, fax (415) 575-6885, or email at robert.feldman@sfgov.org.
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ACTION: Upon motion Commissioner Fung, the Board voted 4-0 to approve the statement with City Attorney’s amendments.
SPEAKERS: None.
(5) ADDENDUM ITEMS: None.
(6) APPEAL NO. V04-135
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STEPHAN SMITH & ALEX AGBAY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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23 Eureka Street.
Protesting the granting on September 24, 2004, to Holger Menendez (Subject Property Owners Nancy & Patrick Hamill), Rear Yard Variance (proposal is to raise by 5’-6” the rear building that encroaches into the required rear yard to create habitable area at the ground floor).
VARIANCE CASE NO. 2004.0070V.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting Vice President Saunders, the Board voted 4-0 to uphold the variance.
LIST OF SPEAKERS: Jak Marquez, attorney for appellants; Jonis Ionin, PD; Nancy Hamill, co-variance holder.
PUBLIC COMMENT: (For Appellants) Paul Trombley supports appeal although few neighbors will be affected but the appellants’ windows will be blocked. Jay Hutchinson says his sunlight will be impacted. Amanda Powers said she lives upstairs and read a letter in support of project. (For Variance Holders) Jim Simpson said the project won’t affect anyone’s sunlight and he supports it
. (7) APPEAL NO. 04-162
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PATTY LOO, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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19 Loyola Terrace.
Appealing the conditions placed on a Permit to Remove and Replace One (1) Tree.
ORDER NO. 174,999.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 3-1 (Commissioner Knox dissented) to overrule the 36” box condition & impose a 15-gallon requirement instead.
LIST OF SPEAKERS: Carla Short, DPW BUF; Patty Loo, appellant; D. K. Loo, son of appellant.
PUBLIC COMMENT: None.
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 04-147
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ESTHER LAU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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454 – 17th Avenue.
Protesting the issuance on October 1, 2004, to Curt Sigfstead & Lara Witter, Permit to Alter a Building (on single-family house: master bath addition; bathroom renovation on 3rd floor to comply with NOV No. 200453961).
APPLICATION NO. 2004/10/01/5795.
FOR HEARING TODAY.
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(8B) APPEAL NO. 04-174
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ESTHER LAU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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454 – 17th Avenue.
Protesting the issuance on November 12, 2004, to Curt Sigfstead & Lara Witter, Permit to Alter a Building (on single-family house: dry rot framing and siding repair, refer to Building Permit Application No. 2004/10/01/5795 and NOV No. 200455119).
APPLICATION NO. 2004/11/12/9044.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0 to continue the hearing to February 16, 2005.
LIST OF SPEAKERS: Esther Lau, appellant; Clint Callan, attorney for permit holders; Lawrence Kornfield, DBI.
PUBLIC COMMENT: (For Appellant) Jose Dearason said this is a friendly neighborhood and will remain one so long as the Board is fair to neighbors. Mike Sham read a letter from neighbors in support of the appeals. Anastasia Mandrusson said she supports the appeals. Ken Lim read a letter from neighbors and said he finds the owner’s behavior disheartening. Jessica Lester also read letters from neighbors supporting the appeals.
(9) APPEAL NO. 03-154
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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: Upon motion by Commissioner Fung, the Board 4-0 to continue the matter to April 6, 2005 at the request of the appellant.
LIST OF SPEAKERS: John Kwong, DPW BSM.
(10) APPEAL NO. 04-076
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JOHN & LESLIE WOODWARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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65 Caselli Avenue.
Protesting the issuance on June 30, 2004, to Stewart Oaten, Permit to Alter a Building (on 2-unit building: replace existing deck, extend approximately 4’0” and new stairs).
APPLICATION NO. 2004/06/30/7682.
PUBLIC HEARING HELD ON 12/01/2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 3-1 (Commissioner Knox dissented) to uphold the permit with conditions: (a) that all portions which require a variance be removed; and (b) that the railings be as transparent as possible.
LIST OF PARTIES: Jonas Ionin, PD; Leslie Wordward, co-appellant; Lawrence Kornfield, DBI; Stewart Oaten, permit holder.
(11) APPEAL NO. 04-132
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ALISON JOSEPH, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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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.
PUBLIC HEARING CLOSED ON 12/15/2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 3-1(Acting President Sugaya dissented) to overrule the determination with a finding that the current use is not office use, and instead resembles an arts activity under Planning Code.
LIST OF SPEAKERS: Jonas Ionin, PD; Jeremy Paul, agent for appellant.
ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 04-105
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MITCHELL SCHOENBRUN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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1401-1409 Castro Street.
Protesting the issuance on August 2, 2004, to Isa Muhawieh, Permit to Alter a Building (on apartment building with commercial: storage room into laundry room at ground floor).
APPLICATION NO. 2004/08/02/0401.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0 to uphold the permit.
(12B) APPEAL NO. 04-166
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MITCHELL SCHOENBRUN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Prop. Owner(s): ISA MUHAWIEH
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1401-1409 Castro St. & 395 Jersey St.
Appealing a revised determination dated October 20, 2004, addressed to Mitchell Schoenbrun, which reiterates the determination of October 13, 2004, and adds the following: that the permit history for the subject property is limited and provides no clear evidence that the space at 1401 Castro Street was legally subdivided to create 1403 Castro Street with a dwelling unit contained therein.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0 to uphold the determination.
LIST OF SPEAKERS: Jonas Ionin, PD; Mitchell Schoenburn, appellant; Steven MacDonald, attorney for permit holder & SPO; Lawrence Kornfield, DBI.
PUBLIC COMMENT (12A & 12B): (For Appellant) Peter Gass said the use has always been three dwellings and a business. George Noonan said it has always been a residence and he is in favor of the appeal. (For Permit Holder) Tony Ferri said there was no trouble until the Ellis Act passed and was enforced. Cathy Scarborough said there were no problems for tenants until the Ellis Act. Lori Koon said she’s worked for permit holder for fifteen years and opposes appeal because she needs a job. Jo Anne Lewin said she is for permit holder because he is fair and honest. Jack Murray said the documents submitted by appellant seemed to have been altered.
(13) APPEAL NO. 04-119
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YIM HO & CHEUNG KAM LEUNG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: CLEMENT CHEUNG
& PING WONG
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331 Girard Street.
Appealing the denial on September 3, 2004, of Permit to Alter a Building (on single-family house: repair fire damage; interior alteration; add one story plus rear addition; and one more unit).
APPLICATION NO. 2003/12/01/1345S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0 to overrule denial & grant permit with adoption of revised plans dated 1/28/05 as submitted by the appellants.
LIST OF SPEAKERS: Jonas Ionin, PD; Jay Drake, attorney for appellants; Clement Cheung and Ping Wong, Section 14 Parties.
(14) APPEAL NO. 04-120
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1776 SACRAMENTO STREET
HOMEOWNER’S ASSOCIATION, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subj. Prop. Owner(s): AMERICAN BUDDHIST
CULTURAL SOCIETY
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1750 Van Ness Avenue.
Appealing a determination dated August 30, 2004, addressed to Stephen Williams, that because Planning Code § 243(c)(8)(D) references use limits prescribed under § 243(c)(8)(A), and since § 243(c)(8)(A) specifically identifies “non-residential uses” to which the use limitation would be applicable, a use is considered nonconforming only when the ratio of specified residential uses to the specified non-residential uses is not met; and that those uses not specifically listed under “non-residential uses” and which do not meet the prescribed ratio would not be considered nonconforming uses provided they are permitted by the underlying zoning controls of the Van Ness Special Use District.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0 to uphold the determination.
LIST OF SPEAKERS: Stephen Williams, attorney for appellant; Alice Barkley, attorney for subject property owner; Jonas Ionin, PD.
PUBLIC COMMENT: None.
(15) APPEAL NO. 04-140
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ALICE LAM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2549 Post Street.
Protesting the issuance on September 24, 2004, to Paul Basaillon, Permit to Alter a Building (on 24-unit apartment building: remodeling top floor; change roof above living room).
APPLICATION NO. 2004/09/24/5144.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0 to uphold the permit on condition that construction be limited from 7am to 7 pm, 6 days a week.
LIST OF SPEAKERS: Alice Lam, appellant; Paul Basaillon, permit holder; Lawrence Kornfield, DBI.
(16) APPEAL NO. 04-155
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ZHANG PING GAO dba
“LOTUS FLOWER HEALTH CENTER”,
Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3800 Noriega St. / 1789 – 45th Ave.
Appealing a Health Permit Zoning Referral (Acupuncture, Acupressure & Massage) dated October 4, 2004, addressed to Zhang Ping Gao, that Planning Code § 710.51 prohibits the use of a second floor in an NC-1 (Neighborhood Commercial) zoning district for a medical-related business purpose, and that Planning Code § 204 only allows a massage business in an NC-1 zoning district as a secondary use on the premises, which has another primary permitted use.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting President Sugaya, the Board voted 4-0 to reschedule the hearing to February 23, 2005 at the request of the parties.
SPEAKERS: None.
(17) APPEAL NO. 04-163
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J.A.W. CLAYES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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2721 Pacific Avenue.
Appealing the denial on October 20, 2004, of Permit to Alter a Building (on 2-unit residential building: remove stove (kitchen) & gas access from lower level (ground level); “maid’s apartment”; non structural).
APPLICATION NO. 2004/07/09/8394.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-1 (Commissioner Fung dissented) to overturn denial with conditions as presented by appellant’s attorney, and for those conditions to be listed on a Notice of Special Restrictions (NSR) to be recorded on the land records.
LIST OF SPEAKERS: Jonas Ionin, PD; Brett Gladstone, attorney for appellant; Laurence Kornfield, DBI.
(18) APPEAL NO. 04-164
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RICHARD BUCKLEY
& ROBERT BENTEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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2998 – 22nd Avenue.
Protesting the issuance on October 18, 2004, to Karen Wong, Permit to Alter a Building (on single-family house: interior modification to existing building; rear addition to 11 feet long; vertical addition of 3rd story).
APPLICATION NO. 2001/10/09/0234S.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting Vice President Saunders, the Board voted 4-0 to uphold the permit.
LIST OF SPEAKERS: Robert Bentel, co-appellant; Richard Buckley, co-appellant; Jeremy Paul, agent for permit holder.
There being no further business, Acting President Sugaya adjourned the meeting at 11:13 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.
