To view graphic version of this page, refresh this page (F5)

Skip to page body

Meeting Information



2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 

 

BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, JUNE 8, 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); Craig NIkitas, Planning Department (PD); Leo McFadden, Senior 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: 

 

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.

 

 

(2A)   DISCUSSION OF ADMINISTRATION OF OATH AT BOARD MEETINGS.

 

ACTION: Upon motion by Commissioner Knox, the Board voted 2-3 (President Sugaya, Vice President Saunders and Commissioner Garcia dissented)  to dispense with the administration of oath. Oath maintained.

 

SPEAKERS: Laurence Berg; Moli Steinert; Alice Barkley; Jeremy Paul; Joel Yodowitz.

 

 

 

 

(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. 

 

ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Fung absent) to grant the jurisdiction request.

 

SPEAKERS: Bill Abend, agent for requestor; Craig Nikitas, PD.

 

 

(3B)  ADOPTION OF FINDINGS:                                                

Subject property at 2169 Folsom Street #M305.  Appeal No(s). 04-194, Seringer vs. DBI, PDD, decided May 11, 2005.  At that time, upon motion by President Sugaya, the Board voted 4-1 (Commissioner Fung dissented) to overrule the denial, and grant the permit with findings to be adopted at a later date.  Project: on a condo/live-work unit, general renovation of interiors of bathrooms, bedrooms, living areas and roof decks; seismic reinforcing; horizontal extension on to north roof deck; sprinklers under separate permit.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Fung dissented) to adopt the findings as amended.

 

SPEAKERS: None.  

 

 

 

(3C)  ADOPTION OF FINDINGS:                                                

Subject property at 141-143 Parnassus Avenue.  Appeal No(s). 05-049, Geary & Lichtmacher vs. DBI, PCD, decided May 11, 2005.  At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the permit with findings to be adopted at a later date.  Project: on 4-unit residential building, install new doorway to convert 2 units into 1.

 

ACTION: Upon motion by President Sugaya, the Board voted 5-0 to adopt the findings.

 

SPEAKERS:  None.

 

 

 

(3D)  ADOPTION OF FINDINGS:                                                

Subject property at 1400-1402 Cole Street. Appeal No(s). V04-193, Hamby vs. ZA, decided May 18, 2005.  At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the subject variance with findings and conditions to be adopted on June 8, 2005.  Subject Property Owner(s): Adel Shalabi & Laura Fiene.  Project: proposal is to construct a 3rd floor addition containing a dwelling unit on a 2-story mixed-use (single-family residential over ground floor commercial) building.

 

ACTION: Upon motion by President Sugaya, the Board voted 5-0 to adopt the findings.

 

SPEAKERS: None.

 

 

 

(3E)  ADOPTION OF FINDINGS:                                                

Subject property at 837-839 Hayes Street.  Appeal No(s). 05-028, Cousins vs. DBI, decided May 18, 2005.  At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the denial and grant the permit with findings to be adopted on June 8, 2005.  Project: correct the record to reflect two legal existing units; no work proposed.

 

ACTION: Findings not ready. Rescheduled to July 20, 2005.

 

 

 

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

Subject property at 2889 – 24th Street.  Permit issued on April 22, 2005.  Last day to appeal was May 9, 2005.  Jurisdiction request received May 19, 2005.  Letter from Laurence Berg, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/03/25/0625S.  Permit Holder(s): Mike Boschetto.  Project: construction of a 4-story, 8-unit retail/apartment building with 4,942sf of ground floor area.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to continue the matter to    June 29, 2005 with the public hearing closed.

 

SPEAKERS: Lawrence Berg, requestor; Tony Pantaleoni, agent for permit holder.

 

 

 

(3G)  REHEARING REQUEST:                                                

Subject property at 1234 – 19th Avenue.  Letter from Lawrence Badiner, Zoning Administrator, requesting rehearing of Appeal No(s). 04-113, Romanov vs. DBI, PCD, decided May 4, 2005, and findings adopted on May 18, 2005.  At that time, upon motion by Commissioner Fung, the Board voted 5-0 to overrule the denial, grant the demolition permit with adoption of findings on May 18, 2005.  Appellant(s): Edward Romavov.  Project: demolish a 2-story single-family house with 1,506sf of ground floor area.

 

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

 

SPEAKERS: Craig Nikitas, PD; Joel Yodowitz, attorney for appellant; Judith Berkowitz, for PC; Mary Anne Miller, for PC.

 

 

 

(4)   APPEAL NO. 03-154

ULYSSES NAPURI

dba “LAST STOP SOUVENIR”, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF STREET USE & MAPPING,

                                                        Respondent

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 & CLOSED ON DECEMBER 10, 2003.  FOR FURTHER CONSIDERATION TODAY.

 

ACTION: Upon motion by President Sugaya, the Board voted 3-2 (Commissioners Knox and Fung dissented) to overrule the denial and grant the permit. Denial upheld.

 

SPEAKERS: John Kwong, DPW BSM; Maria Napuri, wife of appellant.

 

 

 

(5)   APPEAL NO. 04-035

CRYSTAL LEI, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

337 – 28th Avenue.

Appealing the suspension on April 23, 2004, of Building Permit Application No(s). 2003/04/15/2287, 2003/07/15/9528, & 2003/05/27/5515.  Reason(s) for suspension: the scope of work and building information described on the building permit applications and approved plans does not reflect the actual condition and legal use of the building. 

PUBLIC HEARING HELD & CLOSED ON AUGUST 18, 2004.  FOR FURTHER CONSIDERATION TODAY.

 

ACTION: Upon motion by President Sugaya, the Board voted 4-1 (Vice President Saunders dissented) to uphold the suspension of the subject permits.

 

SPEAKERS: Leo McFadden, DBI; Archie Clarizio, attorney for appellant.

 

 

 

(6)  APPEAL NO. 04-114

EDWARD ROMANOV, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

§ 14 Party: N/A (Mandatory DR)

 

1228 – 19th Avenue.

Appealing the denial on August 13, 2004, of Permit to Erect a Building (4-story, 3-unit condominium building with 1,850sf of ground floor area). 

APPLICATION NO. 2002/06/10/8646S.

PUBLIC HEARING HELD & CLOSED ON MAY 4, 2005.  FOR FURTHER CONSIDERATION TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to overrule the denial and grant the permit with revised plans, and with findings to be adopted at a later date.

 

SPEAKERS: Craig Nikitas, PD; Tony Pantaleoni, agent for appellant.

 

 

 

ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:

 

(7A)  APPEAL NO. 04-182

ELLEN TSANG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

2650 Hyde Street.

Protesting the issuance on November 18, 2004, to Douglas Greenwood, Permit to Alter a Building (on a two-unit building: rehabilitation of deck and staircase).

APPLICATION NO. 2004/11/18/9555.

PUBLIC HEARING HELD ON MAY 4, 2004, BUT STILL REMAINS OPEN.  FOR FURTHER CONSIDERATION TODAY.

 

(7B)  APPEAL NO. 05-057

ARZA TRUST, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2650-2652 Hyde Street.

Protesting the issuance on March 8, 2005, to Craig Greenwood, Permit to Alter a Building (on 2-unit residential building: raise existing guardrail at rear deck at 3rd floor to +36” above existing deck; confirm and replace any dry rot at deck boards in field and replace no more than 40%; legalize existing roof deck at 3rd floor; per NOV).

APPLICATION NO. 2005/03/08/6970.

PUBLIC HEARING HELD ON MAY 4, 2004, BUT REMAINS OPEN.  FOR FURTHER CONSIDERATION TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to uphold both permits.

 

SPEAKERS: Steve Williams, attorney for appellants; Bill Abend, agent for appellants; Craig Nikitas, PD; Leo McFadden, DBI.

 

 

 

(8)    APPEAL NO. 05-027

ROBERTO & JOSEPHINE SOTO, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

 

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.

PUBLIC HEARING HELD ON JUNE 1, 2005, BUT REMAINS OPEN FOR REPORT BY DBI AND REBUTTALS.  FOR FURTHER CONSIDERATION TODAY.

 

ACTION: None.  Appeal withdrawn by the appellants.

 

 

 

(9)    APPEAL NO. 05-066

MOLI STEINERT, Appellant(s)

                        vs.

 

DEPARTMENT OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

 

148 Bocana Street.

Appealing the denial on April 2, 2005, of Permit to Remove & Replace One (1) Tree.

ORDER NO. 175,251.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to continue the matter to  July 27, 2005 with the public hearing closed.

 

SPEAKERS: Carla Short, DPW BUF; Moli Steinert, appellant; Joseph Robbins, for appellant; Katy Gough, for BUF; J. Frank Munns, for appellant; Bud Ryerson, for BUF; Ross Inden, for BUF; Robert Henderson, for appellant; Terry Miln, for BUF. 

 

 

 

 

ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:

 

(10A)  APPEAL NO. 04-103

SHING KIT LEE, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

120 Maynard Street.

Appealing the denial on August 3, 2004, of Permit to Demolish a Building (2-story single family house with 1,235sf of ground floor area). 

APPLICATION NO. 2002/11/22/2107.

FOR HEARING TODAY.

 

(10B)  APPEAL NO. 04-104

SHING KIT LEE, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

120 Maynard Street.

Appealing the denial on August 3, 2004, of Permit to Erect a Building (3-story single family house with 1,089sf of ground floor area).

APPLICATION NO. 2002/11/22/2105S.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Knox, the Board voted 4-1 (President Sugaya dissented)  to reschedule the matters to August 10, 2005.

 

SPEAKERS: Craig Nikitas, PD; Jeremy Paul, agent for appellant; Camela Curry, for PC.

 

 

 

(11)    APPEAL NO. 04-206

VIACOM OUTDOOR, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

1111 Pennsylvania Avenue.

Appealing a Notice of Violation dated December 13, 2004, addressed to Tripe A Machine Shop Inc. & Viacom Outdoor, that the general advertising sign on the subject property is taller than 25 feet, that the face of the sign is larger than 1,344sf, and that the sign faces the freeway; these conditions do not comply with approved sign application no. 2000/09/22/1332, and violate Planning Code § 607.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Fung absent) to reschedule the hearing to July 27, 2005 at the written request of the parties.

 

SPEAKERS:  None.

 

 

 

(12)    APPEAL NO. 05-002

GARY RAUGH, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

 

 

 

2220-2222 Sacramento Street.

Appealing the denial on January 4, 2005, of Site Permit to Alter a Building (application associated with variance case no. 2004.0061V to reflect as-built conditions of garage door; to resolve NOV no. 200341797).

APPLICATION NO. 2004/10/18/7116S.

FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Saunders, the Board voted 4-1 (President Sugaya dissented) to reschedule to Call of Chair so that the Certificate of Appropriateness (C of A) process can take place at the Planning Commission.

 

SPEAKERS: Craig Nikitas, PD; Jeremy Paul, agent for appellant. 

 

 

 

 

ITEMS (13A), (13B), (13C), (13D), (13E), (13F), & (13G) SHALL BE HEARD TOGETHER:

 

(13A)    APPEAL NO. 05-023

MARGARET & ARMEN DILDILIAN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

 

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.

 

(13B)    APPEAL NO. 05-024

KAY CAVAGNARO, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

345 Noriega Street.

Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).

APPLICATION NO. 2004/02/05/5689S.

FOR HEARING TODAY.

 

(13C)    APPEAL NO. 05-025

DAVID GOLDBLATT

& CHRISTINE BEARD, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

345 Noriega Street.

Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).

APPLICATION NO. 2004/02/05/5689S.

FOR HEARING TODAY.

 

(13D)    APPEAL NO. 05-029

BOBBY LONG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

345 Noriega Street.

Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).

APPLICATION NO. 2004/02/05/5689S.

FOR HEARING TODAY.

 

(13E)    APPEAL NO. 05-030

LILY LONG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

345 Noriega Street.

Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).

APPLICATION NO. 2004/02/05/5689S.

FOR HEARING TODAY.

 

(13F)    APPEAL NO. 05-031

JOSEPH YU, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

345 Noriega Street.

Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).

APPLICATION NO. 2004/02/05/5689S.

FOR HEARING TODAY.

 

(13G)    APPEAL NO. 05-032

JOHNSON YANG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

345 Noriega Street.

Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).

APPLICATION NO. 2004/02/05/5689S.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Sugaya, the Board voted 5-0 to continue the matters to June 29, 2005 with the public hearing closed, and a report from the Planning Dept.

 

SPEAKERS: Daniel Yang, agent for appellants; Christine Beard, agent for appellants; Kay Cavagnaro, agent for appellants; Matthew Brennan, attorney for permit holder; Sherri Duffy, wife of permit holder; Rodrigo Santos, agent for permit holder; Craig Nikitas, PD; Mike Rabbitt, for permit holder; Sean Duffy, permit holder.

 

 

 

ITEMS (14A) & (14B) SHALL BE HEARD TOGETHER:

 

(14A)  APPEAL NO. 05-064

AMY McDOUGALL, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

 

1740 Filbert Street.

Appealing the denial on April 15, 2005, of Permit to Demolish a Building (single-story building with 320sf of ground floor area).

APPLICATION NO. 2004/12/02/0582.

FOR HEARING TODAY.

 

(14B)  APPEAL NO. 05-065

AMY McDOUGALL, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

 

1740 Filbert Street.

Appealing the denial on April 15, 2005, of Site Permit to Erect a Building (4-story single-family dwelling with 1,224sf of ground floor area).

APPLICATION NO. 2004/12/02/0571S.

FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Saunders, the Board voted 5-0 to uphold both denials.

 

SPEAKERS: Matthew Francois, attorney for appellant; Kacy Qua, for PD; Norman Leung, for PD; Alvin Fong, for PD; Phillip Ng, for PD; Nancy Rose, for PD; Arlene Wong, for PD; Dennis Wong, for PD; Steve Williams, attorney for neighbors; Amy McDougell, appellant.

 

 

(15)    APPEAL NO. 05-068

DON PUTNAM

& SUSANN KELLISON, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

212 Union Street.

Appealing a Permit Suspension Request dated April 14, 2005, addressed to Acting Director Jim Hutchinson of the Dept. of Building Inspection, asking that all active building permits at the subject property be suspended.  Reason(s) for suspension: Planning Department staff believes that work has taken place which exceeds the scope of the active building permits.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Fung absent) to reschedule the hearing to August 10, 2005 at the written request of the parties.

 

SPEAKERS:  None.

 

 

There being no further business, President Sugaya adjourned the meeting at 11:30 p.m.

 

________________________________                         

Robert H. Feldman, Executive Secretary

 

Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.