2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, SEPT. 7, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Commissioner Katharine Albright, Commissioner Frank Fung, Commissioner Randall Knox, and Commissioner Michael Garcia.
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) ELECTION OF VICE PRESIDENT.
ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to elect Commissioner Fung Vice President.
SPEAKERS: None.
(3) COMMISSIONERS COMMENTS & QUESTIONS.
SPEAKERS: None.
(4) ADDENDUM ITEMS:
(4A) REHEARING REQUEST:
|
Subject property at 1301 – 18th Street. Letter from Marwon Halteh, agent for Elias Han Han, appellant, requesting rehearing of Appeal No(s). 05-091, Han Han dba “New Potrero Market vs. DPH”, decided July 27, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to overrule the Dept. of Public Health’s 45-day suspension, and instead impose a 10-day suspension.
|
ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to reschedule the matter to October 5, 2005.
SPEAKERS: Isam Hanhan, attorney for appellant.
(4B) ADOPTION OF FINDINGS:
|
Subject property at 120 Maynard Street. Appeal No(s). 04-103/104, Lee vs. DBI, PCD, decided August 10th, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Knox dissented) to overrule the denial of the demolition permit, and to overrule the denial of the site permit with adoption of conditions as recommended by the Planning Commission, and with the following additional condition(s): a) that Planning Department staff consider the project’s effect on trees that are located on neighboring properties; and b) that the subject property be maintained and cleaned at least once per month up until the start of construction, and with findings to be adopted at a later date.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to adopt the findings as amended.
SPEAKERS: Jeremy Paul, agent for appellant.
(5) APPEAL NO. 05-110
|
DAVID CLARK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
|
4967-4969 – 17th Street.
Appealing the denial on June 21, 2005, of Site Permit to Alter a Building (merge two-units into single-family dwelling; remodel two floors throughout; existing “Ellis Act” property).
APPLICATION NO. 2004/11/03/8481S.
PUBLIC HEARING HELD & CLOSED ON AUGUST 17, 2005. FOR FURTHER CONSIDERATION TODAY.
Note: Matter continued from Aug. 17, 2005 to allow Commissioner Albright to participate in the final vote.
|
ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to overrule the denial, and grant the permit with findings to be adopted at a later date.
SPEAKERS: David Clark, appellant; Brett Gladstone, attorney for appellant; Jonas Ionin, PD; Laurence Kornfield, DBI.
(6) APPEAL NO. 05-125
|
PEI YUN SHEN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
687 – 3rd Avenue.
Appealing the imposition of penalty on July 19, 2005, for work done without a permit (on 3-unit residential building: remove illegal bathroom, family room, bedroom, and study room; existing shear wall, load bearing wall, and exterior wall to remain; in response to NOV no. 200560673).
APPLICATION NO. 2005/07/08/7093.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4-0-1 (Commissioner Knox absent) to reduce the penalty to 2 times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Pei Yun Shen, appellant.
(7) APPEAL NO. 05-083
|
VERIZON WIRELESS, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET-USE & MAPPING,
Respondent
|
Various locations.
Appealing the denial on April 25, 2005, of a Utility Conditions Permit.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the denial.
SPEAKERS: Cynthia Chono, DPW BSM; William Sanders, OCA; Paul Albritton, attorney for appellant; James Heard, attorney for appellant.
(8) APPEAL NO. 05-127
|
SOON JA KU
dba “STORE ON THE CORNER” , Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
|
121 New Montgomery Street.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 03-05-274.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Knox absent) to overrule DPH and instead impose a 5-day suspension.
SPEAKERS: Andrew Jin, DPH; John Ku, agent for appellant.
(9) APPEAL NO. 05-128
|
JAMES WITHRINGTON
dba “GO CAR RENTALS”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
|
2715 Hyde Street.
Appealing the denial on July 7, 2005, of a Driverless Auto Rental Permit (P02).
FOR HEARING TODAY.
|
ACTION: Upon motion by President Sugaya, the Board voted 5-0 to reschedule the matter to Nov. 2, 2005 at the written request of the parties.
SPEAKERS: None.
(10) APPEAL NO. 04-203
|
KEN PAGE
& VINCENT LEGER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
21 Buena Vista East Avenue.
Appealing a Permit Suspension Request dated December 14, 2004, addressed to Dept. of Building Inspection Acting Director Jim Hutchinson, requesting that all building permits at the subject property be suspended. Reasons for suspension: the Planning Dept. believes the owners have pursued a “serial permitting” strategy to effectively convert the home in question from 14 guest rooms and one dwelling unit into a single-family dwelling without proper public notification and in contradiction of the Planning Commission’s policies.
APPLICATION NOS. 2004/02/27/7379, 2004/02/27/7382, 2004/06/28/7501 & 2004/06/28/7503.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Sugaya, the Board voted 5-0 to reschedule the matter to Nov. 9, 2005 at the written request of the parties.
SPEAKERS: None.
(11) APPEAL NO. 05-113
|
WIENIK BLEYENBERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: MICHAEL & ELLEN McGARVEY
|
455 Pennsylvania Avenue.
Appealing the denial on June 21, 2005, of Site Permit to Alter a Building (on single-family house: build additional floor and penthouse resulting in 2-unit building; add deck, stair and siding).
APPLICATION NO. 2004/05/12/3718S.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Commissioner Knox absent) to overrule the denial, and grant the permit with adoption of the Planning Commission’s DR conditions, and on condition that the appellant be allowed to take advantage of the Planning Code § 136 rear yard extension provisions.
SPEAKERS: Jonas Ionin, PD; Wienik Bleyenberg, appellant; Ahmad Larizadeh, agent for appellant; Scott Emblidge, attorney for Sec. 14 Parties; Paul Kleyman, agent for Sec. 14 Parties; Matt Cheney and Laura Spiegelman, for Planning Commission; Raymond Leon, for appellant; Laurence Kornfield, DBI.
(12) APPEAL NO. 05-114
|
JACQUELINE & JOHN McMAHAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
2506 Union Street.
Protesting the issuance on June 17, 2005, to Mark & Susan Sherman, Site Permit to Alter a Building (on single-family house: remove non-conforming enclosed garage structure in front yard required setback; renovation of house to include a horizontal addition at rear of building; renovation to provide two means of egress from third floor and removal of exterior fire escape balcony and ladders at front of house).
APPLICATION NO. 2004/07/15/8925S.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0 to recuse President Sugaya. Afterwards, upon motion by Commissioner Garcia, the Board voted 4-0-1 (President Sugaya recused) to uphold the permit.
SPEAKERS: Jeremy Paul, agent for appellants; Alice Barkley, attorney for permit holder; Jackie McMahan, co-appellant; Pat Buscovich, agent for appellants; Joan Fitzgibbon, for appellants; Jonas Ionin, PD.
(13) APPEAL NO. 05-124
|
JEFFREY HOROWITZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1170 Green Street.
Appealing the suspension on July 8, 2005, of Building Permit Application No. 9925728S. Reason(s) for suspension: the plans submitted contain discrepancies between the architectural and structural sheets and site conditions.
FOR HEARING TODAY.
Note: On Nov. 10, 2004, in Appeal 04-070, the Board upheld this permit on condition that the skylight not exceed 3 feet in height as measured from the finished elevation of the ceiling.
|
ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Commissioner Knox absent) to overrule DBI’s suspension with the following findings: that a separate alteration permit is not required under Building Code § 106.4.7, that there is a 40 foot height limit, and that any revisions required to meet the 40 foot height limit be executed via revised plans under this subject permit.
SPEAKERS: Carla Johnson, DBI; Andrew Zacks, attorney for appellant; Pat Buscovich, agent for appellant; Mona Horowitz, wife of appellant; Mike Schwinn, Carmen Estrada, Gerard Soriano, Joanne Calabrese, Larry Holmberg, and Jeremy Paul, for appellant; Kathleen Courtney, Chris Arott, Linda Marks, Jamie Cherry, Michele Sudduth, and John Bardis, for DBI; Laurence Kornfield, DBI.
(14) APPEAL NO. 05-126
|
FRED & SANDRA HERRERA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
|
763 University Street.
Appealing the denial on July 21, 2005, of Permit to Alter a Building (on single-family house: add additional floor).
APPLICATION NO. 2003/05/13/4418.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4-0-1 (Commissioner Knox absent) to overrule the denial, and grant the permit on condition that Planning staff assure that the revised plans meet the Residential Design Guidelines.
SPEAKERS: Jonas Ionin, PD; Fred and Sandra Herrera, appellants.
(15) APPEAL NO. V05-129
|
ARZA TRUST, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
2642-2644 Hyde Street.
Protesting the granting on July 13, 2005, to Billie Cayot, Rear Yard & Non-Complying Structure Variances (replace an existing 2nd floor balcony within the required rear yard of the existing two-family structure; the cantilevered balcony would be approximately 12 feet wide, 3 feet deep, and set back approximately 5 feet from each side property line).
VARIANCE CASE NO. 2004.1312V.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Sugaya, the Board voted 5-0 to reschedule the matter to the Call of Chair pending final resolution of the Categorical Exemption appeal at the Board of Supervisors.
SPEAKERS: None.
There being no further business, President Sugaya adjourned the meeting at 9:55 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 – SEPTEMBER 7, 2005
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: None.
(4a) PUBLIC COMMENT: None.
(4b) PUBLIC COMMENT: None.
(5) PUBLIC COMMENT: None.
(6) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: None.
(8) PUBLIC COMMENT: None.
(9) PUBLIC COMMENT: None.
(10) PUBLIC COMMENT: None.
(11) PUBLIC COMMENT: Matt Cheney urged upholding decision because building will be too high.
Raymond Leon said project won’t be significantly higher than neighbor and it meets the Guidelines.
Laura Spiegelman said it doesn’t meet Design Guidelines.
(12) PUBLIC COMMENT: Joan Fitzgibbon lives in bottom unit and supports appellant saying addition will block glorious afternoon sunlight and a lightwell is needed.
(13) PUBLIC COMMENT: Mike Schwinn said Board decision is final and new plans shouldn’t be required.
Carmen Estrada agreed with above.
Gerard Soriano also said new plans shouldn’t be required.
Joanne Calabrese said she is also doing a project and supports appellant.
Larry Holmberg said RHNA supports project so long as it complies with Codes.
Kathleen Courtney said there has been misrepresentation of height and they support the department. The Board can’t change height limits.
Chris Arrott said letters from Coalition of San Francisco Neighborhoods and associations in support of department.
Linda Marks said the height of project misrepresented to Commission and Board.
Jamie Cheny said errors on plans should be corrected for department.
Michele Sudduth for department because of appellant’s obfuscation.
John Bardis said integrity of process at issue and project has been going on for six years because of appellant resubmitting plans over and over for department requirement for new plans and process.
(14) PUBLIC COMMENT: None.
