2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 16, 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) 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: None.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) SPECIAL ITEM: Proposed departmental annual budget for fiscal year 2005-2006. For public hearing, discussion and adoption.
ACTION: Upon motion by Commissioner Knox, the Board voted 4-0 to adopt the budget.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1401 Folsom Street. Permit issued on Nov. 12, 2004. Last day to appeal was Nov. 29, 2004. Jurisdiction request received on Jan. 21, 2005. Letter from Tony Leones, attorney for Viacom Outdoor Inc., requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/06/08/5840. Permit Holder(s): Violet Taaffe. Project: 14’-0” X 48’-0” freestanding sign, general advertising, single face, sign replacement.
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ACTION: Upon motion by Commissioner Fung, the Board voted 2-2 (Acting Vice President Saunders and Commissioner Knox dissented) to deny jurisdiction. Jurisdiction denied.
LIST OF SPEAKERS: Anthony Leones, attorney for requestor; Ilene Dick, attorney for permit holder; Jonas Ionin, PD.
(4B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2599 San Bruno Avenue. Permit issued on Dec. 13, 2004. Last day to appeal was Dec. 28, 2004. Jurisdiction request received on Jan. 21, 2005. Letter from Tony Leones, attorney for Viacom Outdoor Inc., requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/08/25/2480. Permit Holder(s): Advertising Display Systems. Project: replacement of previously approved free standing general advertising sign, (permit no. 252656, May 24, 1963), 45’-0” to bottom of sign.
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ACTION: Upon motion by Commissioner Fung, the Board voted 2-2 (Acting Vice President Saunders and Commissioner Knox dissented) to deny jurisdiction. Jurisdiction denied.
LIST OF SPEAKERS: Anthony Leones, attorney for requestor; Ilene Dick, attorney for permit holder; Jonas Ionin, PD.
(4C) REHEARING REQUESTS:
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Subject property at 4001 Mission Street and 8 Murray Street. Letter from Otto Wiegand, appellant, requesting rehearing of Appeal No(s). 04-094 & 04-102, decided January 12, 2005. At that time, upon motion by President Harrington, the Board voted 4-1 (Vice President Sugaya dissented) to uphold the subject permits with revised plans as submitted by the permit holder. Project: 1st permit at 4001 Mission Street, 4-story, 3-unit condominium building. Project: 2nd permit at 8 Murray Street, 4-story, 3-unit condominium building. Permit Holder(s): James O’Donovan.
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ACTION: Upon motion by Acting President Sugaya, the Board voted 4-0 to deny the Requests for Rehearing.
LIST OF SPEAKERS: Jay Ach, agent for appellants; Andrew Junius, attorney for permit holder.
PUBLIC COMMENT: (For Appellants) Guido Guinasso said the revisions negotiated with the ZA should be imposed. Libby Kelly-McMahon said revisions negotiated should be imposed or else the offer was not in good faith. Kass McMahon-Kelly also said the negotiated revisions should count. James Aylward said the trees promised for the terrace to blend project into neighborhood and to give privacy have not yet been planted. (For Permit Holder) Joe O’Donoghue said nothing has been offered that would justify granting a rehearing.
(4D) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 3321 – 20th Street. Variance denied on January 5, 2005. Last day to appeal was Jan. 18, 2005. Jurisdiction request received on Jan. 26, 2005. Letter from Kaushik Dattani, requestor(s), asking that the Board take jurisdiction over variance decision no. 2004.0624V (denial of rear yard variance for construction of a two-story addition on top of an existing building).
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ACTION: Upon motion by Acting President Sugaya, the Board voted 3-1 (Commissioner Fung dissented) to grant jurisdiction. Jurisdiction granted.
LIST OF SPEAKERS: Jeremy Paul, agent for requestor.
ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) 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.
PUBLIC HEARING HELD FEB. 2, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(5B) 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.
PUBLIC HEARING HELD FEB. 2, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0 to uphold the permits on condition that the permit holder acoustically treat the bathroom for appropriate sound isolation as required for new condominiums under the Building Code.
LIST OF SPEAKERS: Lawrence Kornfield, DBI; Esther Lau, appellant; John Callan, attorney for permit holders; Curt Sigfstead, co-permit holder.
(6) APPEAL NO. 04-165
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THANH NGO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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495 Country Club Drive.
Protesting the issuance on October 19, 2004, to Thomas Ngai, Permit to Alter a Building (on single-family house: to erect a 6’ fence with 12” lattice section; to complete a 7’ high fence on 3 sides and to comply with NOV).
APPLICATION NO. 2004/10/19/7124.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0 to uphold the permit.
LIST OF SPEAKERS: Thanh Ngo, appellant; J. Michael Phelps, attorney for permit holder.
(7) APPEAL NO. 04-168
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DANIEL ORTEGA
& CANDACE HAMILTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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650 – 20th Avenue.
Protesting the issuance on October 26, 2004, to Raymond Lui & Amy Leung, Permit to Alter a Building (two units on 2nd floor to be converted to one unit).
APPLICATION NO. 2004/09/22/4914.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0 to uphold the permit.
LIST OF SPEAKERS: Stanley Riddell, attorney for permit holders; appellants did not appear.
(8) APPEAL NO. 04-171
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FRED BULLOCK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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567 Sanchez Street.
Protesting the issuance on October 29, 2004, to Ed Hardy, Permit to Erect a Building (3-story single-family house with 1,168sf of ground floor area).
APPLICATION NO. 2002/07/31/2759.
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 McCarthy, attorney for appellant; Frederick Bullock, appellant; David Cincotta, attorney for permit holder; Ed Hardy, permit holder; Jonas Ionin, PD; Lawrence Kornfield, DBI.
PUBLIC COMMENT: (For Appellant) Joast Van De Water said permit holder should have compromised in consideration of appellant’s views. (For Permit Holder) Steve Hall asked that the appeal be denied and permit upheld since there are always minor changes in approved plans which cannot be met exactly. Roderic Cranston said the plans are in conformity with the original plans and the changes are minor and not substantive. Roger Doughty said the changes are trivial and permit holder is a kind and decent person. Joanne Nelson said there have been many delays due to DR requestor and permit holder is entitled to a setback. David Mast said the appellant has wasted time and money and has run amuck. Michael Hall said he’s disturbed by how long it’s taken for approval and that the changes are not material. Bob Nelson said the BOA should let Ed Hardy build.
(9) APPEAL NO. 04-207
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MARK WELCH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3016 Pine Street.
Protesting the issuance on December 14, 2004, to Ray Steffen, Site Permit to Alter a Building (on single-family house: horizontal and vertical addition; add decks, enlarge kitchen, add bedrooms and bathrooms).
APPLICATION NO. 2004/01/29/5170S.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting President Sugaya, the Board voted 3-1 (Commissioner Knox dissented) to reschedule the hearing to March 9, 2005.
LIST OF SPEAKERS: Ray Steffen, permit holder; appellant did not appear.
There being no further business, Acting President Sugaya adjourned the meeting at 7:49 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.
