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, JANUARY 11, 2006

 

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

        

        

PRESENT: President Hisashi Sugaya, Vice President Frank Fung, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Randall Knox.

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Senior Planner, 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: 

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)  SPECIAL ITEM:  Discussion of enforcement process for Board decisions.

 

SPEAKERS:  Laurence Kornfield, DBI; Anita Theoharis.

 

 

 

(4)  ADDENDUM ITEMS: 

 

(4a)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                                                   

Subject property at 244 – 246 – 6th Avenue.  Permits issued on March 16, 2005, June 10, 2005, July 21, 2005, July 28, 2005, and Sept. 27, 2005.  Last day to appeal was March 31, 2005,     June 27, 2005, August 5, 2005, and August 12, 2005, respectively.  Jurisdiction requests received on December 5, 2005.  Letter from Susan Payne & Arisa Fuller, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2005/03/16/7644, 2004/09/27/5239, 2005/07/21/8222, and 2005/07/28/8867.  Permit Holder(s): Jing Je He.  Project: 1st permit, rearrange rooms, add 1 ½ bath, part of roofing (unsound) to be repaired; 2nd permit, change pitched roof to flat roof, extend right and left side building to property line; 3rd permit, replace unsound gyp. board on wall and ceiling; replace rotten wall studs and joists; 4th permit, add floor joists and flooring above second floor.  Note: Appeal 05-168 (Item 5 on tonight’s agenda), Payne & Fuller vs. DBI, PDA, filed on Oct. 12, 2005, relates to a 5th building permit issued on Sept. 27, 2005 for the same subject property.

 

ACTION:  Upon motion by Vice President Fung, the Board voted 5-0 to continue the matter to January 25, 2006, with DBI and Planning to report on the neighbor notification issue.

 

SPEAKERS:  Susan Payne, requestor; Jeffrey Chen, attorney for permit holder; Jonas Ionin, PD; Laurence Kornfield, DBI.

 

 

(4b)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                                                   

Subject property at 3931 Geary Boulevard.  Permit revoked by DPW Bureau of Street Use & Mapping on October 26, 2005.  Last day to appeal was November 10, 2005.  Jurisdiction request received on November 28, 2005.  Letter from Theodoras Koliatisis dba “4th & Geary Farmers Market”, requestor(s), asking that the Board take jurisdiction over the revocation of a merchandise display permit (DPW Order No. 175,688; Permit No. 05D-0001).  Note:  Public hearing held and closed on Dec. 14, 2005; for further consideration today; matter continued to allow requestor(s) and DPW BSM time to submit additional documents pursuant to the Board’s comments.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5-0 to grant the jurisdiction request.

 

SPEAKERS:  Yannoula Koliatsis, agent for requestor; John Kwong, DPW BSM.

 

 

 

(4c)  REHEARING REQUEST:                                                

Subject property at 1634-1636 Waller Street.  Letter from Andrew Zacks, attorney for Citizens for Equal Treatment in the Permit Process, appellant(s), requesting rehearing of Appeal No(s). 05-181, C.E.T.P.P. vs. DBI, PDA, decided December 14, 2005.  At that time, upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Knox recused) to uphold the subject permit with the following findings: a) that no false information was given in order to obtain the permit; and b) that no testimony was offered that there are any Code violations.  Permit Holder(s): Eun Young & Seil James Lee.  Project: on 2-unit building, add dormers on existing 4th floor family room and rear bedroom; add new bathroom, new skylights and miscellaneous interior remodeling; all work to be done on 4th floor only; dormers to comply with Zoning Administrator bulletin dated June 1, 1996; B.P.A. No(s). 2005/10/06/4992.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4-0 to recuse Commissioner Knox.  Afterwards, upon motion by President Sugaya, the Board voted 4-0-1 (Commissioner Knox recused) to deny the rehearing request.

 

SPEAKERS:  Andrew Zacks, attorney for appellant; G. Scott Emblidge, attorney for permit holders.

 

 

 

(5)  APPEAL NO. 05-168

SUSAN PAYNE & ARISA FULLER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

244 – 6th Avenue.

Protesting the issuance on September 27, 2005, to Jing Jie He, Permit to Alter a Building (on 2-unit building: replace unsound stair and replace stone with stucco per plan).

APPLICATION NO. 2005/09/27/3928.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Vice President Fung, the Board voted 5-0 to reschedule the matter to January 25, 2006.

 

SPEAKERS:  Susan Payne, co-appellant; Jeffrey Chen, attorney for permit holder; Jonas Ionin, PD; Laurence Kornfield, DBI.

 

 

 

(6)  APPEAL NO. 05-184

SIEU TA, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

640 London Street.

Appealing the imposition of penalty on October 20, 2005, for work done without a permit (on single-family house: legalize one wall and bathroom on 1st floor; legalize 3 rooms in basement; comply with NOV No. 200560360).

APPLICATION NO. 2005/07/14/7618.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Knox, the Board voted 5-0 to reduce the penalty to 3 times the regular fee.

 

SPEAKERS:  Laurence Kornfield, DBI; Pamela O’Dell, agent for appellant; Sieu Ta, appellant.

 

 

 

(7)  APPEAL NO. 05-177

YAT WA CHU, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

2233 Vicente Street.

Appealing a determination dated October 11, 2005, addressed to Walter Wong of Jaidin Consulting Group, regarding the legality of the existing use of the subject property (hardware and builders supply business with an outdoor storage yard), which is located in an NC-1 (Neighborhood Commercial Cluster) zoning district. 

FOR HEARING TODAY.

 

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

 

SPEAKERS:  Jonas Ionin, PD; Christine Louie, agent for appellant; Yat Wa Chu, appellant; Maureeen O’Connor, and James O’Connor, for the Zoning Administrator.

 

 

 

 

(8)  APPEAL NO. V05-182

VIBRANT MEDIA INC., Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

535 Mission Street.

Protesting the granting on October 19, 2005, to Monahan Pacific Inc., Dwelling Unit Exposure Variance (demolish existing parking lot and construct a 34-story building with up to 273 dwelling units, approx. 4,000sf of ground floor retail space, 7,230sf of common usable open space for residential use, 80sf of public open space for retail use, and a 5-level underground garage for up to 273 parking spaces using mechanical stackers and valet service.

VARIANCE CASE. NO. 2004.0297EKXV.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Sugaya, the Board voted 5-0 to continue the matter to January 25, 2006 with the public hearing closed.

 

SPEAKERS:  Jim Reuben, attorney for variance holder; Bertram Kaufmann, attorney for appellant; Jonas Ionin, PD;

 

 

ITEMS (9A), (9B), (9C), (9D) & (9E) SHALL BE HEARD TOGETHER:

 

(9A)  APPEAL NO. 05-185

ROBERT WICKSER JR., Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

1340 Leavenworth Street.

Protesting the issuance on November 3, 2005, to Leavenworth & Reed LLC, Permit to Alter a Building (on single-family house: repair dry rot).

APPLICATION NO. 2005/11/03/7366.

FOR HEARING TODAY.

 

(9B)  APPEAL NO. 05-186

ROBERTA PAPAZOGLOW, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

1332 Leavenworth Street.

Protesting the issuance on November 3, 2005, to Leavenworth & Reed LLC, Permit to Alter a Building (on single-family house: repair dry rot).

APPLICATION NO. 2005/11/03/7350.

FOR HEARING TODAY.

 

 

(9C)  APPEAL NO. 05-187

ALLISON WILLIAMS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

1338 Leavenworth Street.

Protesting the issuance on November 3, 2005, to Leavenworth & Reed LLC, Permit to Alter a Building (on single-family house: repair dry rot).

APPLICATION NO. 2005/11/03/7362.

FOR HEARING TODAY.

 

 

(9D)  APPEAL NO. 05-188

WILLIAM NOVAK, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

27-41 Reed Street.

Protesting the issuance on November 3, 2005, to Leavenworth & Reed LLC, Permit to Alter a Building (on 8-unit apartment building: repair dry rot).

APPLICATION NO. 2005/11/03/7322.

FOR HEARING TODAY.

 

(9E)  APPEAL NO. 05-189

DAVID FORBES, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

1330 Leavenworth Street.

Protesting the issuance on November 3, 2005, to Leavenworth & Reed LLC, Permit to Alter a Building (on single-family house: repair dry rot).

APPLICATION NO. 2005/11/03/7327.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Sugaya, the Board voted 5-0 to uphold all the permits with the following conditions: a) that construction be limited to Monday – Friday, 8am to 5pm; b) that dust barriers be installed inside the multi-unit building; and c) that the premises be kept clean and orderly on a daily basis.

 

SPEAKERS:  Stepehn Collier, attorney for appellants; Allison Williams, co-appellant; Robert Wickser, co-appellant; Sean Whelan, permit holder; Laurence Kornfield, DBI.

 

 

(10)  APPEAL NO. 05-190

PAUL BISAILLON, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

§ 14 Party: ALICE LAM

 

 

2549 Post Street.

Appealing the denial on November 7, 2005, of Permit to Alter a Building (on 3-unit apartment building: install new ¾ hour fire rated fixed windows on east side of property wall; revision to Building Permit Application No. 2004/09/24/5144).

APPLICATION NO. 2004/10/14/6841.

FOR HEARING TODAY.

 

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Fung absent) to reschedule the matter to March 1, 2006.

 

SPEAKERS:  Joseph Breall, attorney for Sec. 14 Party; Cynthia Baroumand, attorney for appellant.

 

 

There being no further business, President Sugaya adjourned the meeting at 9:00 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.

 

 

BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES, PUBLIC COMMENT – JANUARY 11, 2006

 

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

 

 

 

ITEMS:

 

(1) PUBLIC COMMENT:  None.

 

(2) PUBLIC COMMENT:  None.

 

(3) PUBLIC COMMENT:  Anita Theoharis urged the Board to take forceful action to insure that their conditions on permits are enforced.

 

(4a-c) PUBLIC COMMENT:  None.

 

(5) PUBLIC COMMENT:  None.

 

(6) PUBLIC COMMENT:  None.

 

(7) PUBLIC COMMENT: Maureen O’Connor spoke in support of the Zoning administrator and described many negative impacts of the subject business on the surrounding residents using photos.

 

James O’Connor described recent incidents concerning trucks deliveries to the business in a manner descriptive to the neighbors and himself.  He compared the present use of the property with its use many years ago when it was occupied by a market in which he employed.

 

(8) PUBLIC COMMENT: None.

 

(9) PUBLIC COMMENT: None.

 

(10) PUBLIC COMMENT: None.