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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, MARCH 30, 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, and Commissioner Frank Fung.

                                

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.

 

ABESENT: Commissioner Randall Knox.

 

 

(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.

 

PUBLIC COMMENT:None.

 

 

(2)  COMMISSIONERS COMMENTS & QUESTIONS:

PUBLIC COMMENT:None.

 

 

(3)  ADDENDUM ITEMS: 

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

Subject property at 973-975 Guerrero Street.  Permit issued on December 15, 2004.  Last day to appeal was December 30, 2004.  Jurisdiction request received on February 24, 2005.  Letter from Lynn Sulley & Lee Taylor, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s).2004/12/15/1488. Permit Holder(s): Henry Lucero.  Project:  repair sheet rock, ceiling and floors due to fire damage in kitchen and baths; for units 973 & 975 only.

 

ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-0-1 (Commissioner Knox absent) to continue the hearing to April 6, 2005.

 

SPEAKERS: Lee Taylor, requestor; Andrew Zacks, attorney for permit holder; John Polland, agent for permit holder.

 

PUBLIC COMMENT: None.

 

 

(3B)  REHEARING REQUEST:                                                

Subject property at 567 Sanchez Street.  Letter from Debra Stein, agent for Fred Bullock, appellant(s), requesting rehearing of Appeal No(s). 04-171, decided Feb. 16, 2005.  At that time, upon motion by Commissioner Saunders, the Board voted 4-0 to uphold the subject permit.  Project: construction of a 3-story single-family house with 1,168sf of ground floor area.  Permit Holder(s): Ed Hardy.

 

ACTION: Withdrawn by requestor.

 

SPEAKERS: None.

 

 

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

Subject property at 368-370 Dolores Street.  Permit issued on December 3, 2004.  Last day to appeal was December 20, 2004.  Jurisdiction request received on February 17, 2005.  Letter from Karen Hull, attorney for Graciela Garcia et al., requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/11/19/9985. Permit Holder(s): Ugo Sap.  Project:  on 2-unit building, comply with NOV No. 199816131, revert back to 2-family dwelling from 10 illegally converted guest rooms, and rebuild egress stair at rear.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Commissioner Knox absent) to reschedule the hearing to April 6, 2005 at the request of the parties.

 

SPEAKERS: Andrew Zacks, for permit holder; Steven Collier, for requestor.

 

 

 

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

Subject property at 1314-1316 – 7th Avenue.  Variance denied on December 9, 2004.  Last day to appeal was December 20, 2004.  Jurisdiction request received on March 3, 2005.  Letter from Jeremy Paul, agent for Stanley Anastasio, requestor(s), asking that the Board take jurisdiction over variance decision 2004.0408V.  Project: proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard.  Note: if this jurisdiction request is granted, then Appeal No(s). V04-199 (Item 4), filed on Dec. 21, 2005 and accepted in error one-day late by Board staff, may proceed to a hearing on the merits.  

 

ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-0-1 (Commissioner Knox absent) to reschedule the hearing to May 11, 2005 at the request of the parties.

 

SPEAKERS:  None.

 

 

 

 

(4)    APPEAL NO. V04-199

STANLEY ANASTASIO, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

1314-1316 – 7th Avenue.

Appealing the denial on December 9, 2004, of Rear Yard Variance (proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard).

VARIANCE CASE NO. 2004.0408V.

FOR HEARING TODAY IF JURISDICTION REQUEST ABOVE IS GRANTED.

 

ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-0-1 (Commissioner Knox absent) to reschedule the hearing to May 11, 2005 at the request of the parties. 

 

SPEAKERS:  None.

 

 

 

(5)  APPEAL NO. 04-132

ALISON JOSEPH, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

 

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.

Note:  On Feb. 2, 2005, the Board voted 3-1 to overrule the subject determination with a finding that the current use of the subject property is not office use, and instead resembles an arts activity under the Planning Code.  On March 9, 2005, the Board voted 3-0 to grant the Zoning Administrator’s rehearing request, and to set the rehearing for March 30, 2005.

FOR REHEARING TODAY.

 

ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-0-1 (Commissioner Knox absent) to reschedule the hearing to April 20, 2005.

 

SPEAKERS:  None.

 

 

 

(6)    APPEAL NO. 04-019

OCEAN PARC VILLAGE

HOMEOWNER’S ASSOCATION, Appellant(s)

                        vs.

 

PLANNING DEPARTMENT, Respondent

 

 

730 Great Highway.

Protesting the issuance on March 8, 2004, to Tom and Breda MacDonald & KTH LLC, Coastal Zone Permit Authorization (proposal is to construct a new 3-story, 4-unit building approximately 32 feet tall on a vacant lot). 

CASE NO. 2003.1009P.

FOR HEARING TODAY.

 

ACTION: Upon motion by Acting President Sugaya, the Board voted 3-0-1 (Commissioner Knox absent) to reschedule the hearing to June 29, 2005 at the request of the parties.

 

SPEAKERS:  None.

 

 

 

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

(7A)  APPEAL NO. 04-151

VAN NESS TOWERS LLC, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

724-730 Van Ness Ave. / 640-660 Turk St.

Appealing a determination dated October 6, 2004, addressed to Charles Marsteller, that a new conditional use (CU) application and variance application are required to modify this previously approved project (two-tower development containing 141 dwelling units with ground floor retail spaces, and a garage containing 51 automobile parking spaces, 40 bicycle spaces and 2 service vehicle loading spaces).

FOR HEARING TODAY.

 

ACTION: Withdrawn by appellant.

 

(7B)  APPEAL NO. 05-012

VAN NESS TOWERS LLC, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

724-730 Van Ness Ave. / 640-660 Turk St.

Appealing a determination dated January 11, 2005, addressed to Charles Marsteller & Nancy Gin, concerning broader procedural issues related to the approved mixed-use development project at the subject property and proposed modifications to this approved project by the new property owner.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Commissioner Knox assent) to reschedule the hearing to April 20, 2005 at the request of the ZA.

 

SPEAKERS: Jonas Ionin, PD; John Sanger, for appellant.

 

 

 

(8)    APPEAL NO. 04-194

KELLIE SERINGER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION,

                                             Respondent

PLANNING DEPT. DISAPPROVAL

 

 

2169 Folsom Street #M305.

Appealing the denial on December 15, 2004, of Permit to Alter a Building (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).

APPLICATION NO. 2004/08/23/2307.

FOR HEARING TODAY.

 

ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-0-1 to reschedule the hearing to May 11, 2005 at the request of the parties.

 

SPEAKERS:  None.

 

 

 

(9)    APPEAL NO. V04-196

MUELLER FAMILY LLC, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

1212 – 15th Avenue.

Protesting the granting on December 7, 2004, to Stephen Antonaros (Subject Property Owners Tony & Winnie Chiang), Minimum Lot Width variance (proposal is to split the lot between the existing building and the vacant portion of the lot resulting in two separate lots).

VARIANCE CASE NO. 2004.0227V.

FOR HEARING TODAY.

 

ACTION: Upon motion by Acting President Sugaya, the Board voted 3-0-1 to reschedule the hearing to Call of the Chair.

 

SPEAKERS:  None.

 

 

 

 

(10)    APPEAL NO. 04-197

LORENZO BOELITZ, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

§ 14 Party: MICHAEL RUDMAN

1644 Diamond Street.

Appealing the denial on December 8, 2004, of Permit to Demolish a Building (one-story over garage single-family house with 879sf of ground floor area).

APPLICATION NO. 2004/03/03/7704.

FOR HEARING TODAY.

 

ACTION: Appeal withdrawn by appellant.

 

 

 

(11)    APPEAL NO. 04-198

GEORGE CHEN

& BRITT BACHNER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2523 Steiner Street.

Protesting the issuance on December 3, 2004, to Christopher Rose, Permit to Alter a Building (on single-family house: new extension of bay window at front; revision to Building Permit Application No. 2003/06/06/6462).

APPLICATION NO. 2004/12/03/0684.

FOR HEARING TODAY.

 

ACTION: Appeal withdrawn by appellants.

 

 

 

(12)    APPEAL NO. V05-016

SEAN WHELAN, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

1520-1530 Larkin Street.

Appealing the denial on January 19, 2005, of Lot Size Variance (split the existing lot, which measures 40’ wide and 133’ deep and contains one 6-unit building, into two lots that would each be less than 25’ wide; each lot would contain one 3-unit building).

VARIANCE CASE NO. 2004.0679V.

FOR HEARING TODAY.

 

ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-0-1 (Commissioner Knox absent) to overrule the denial & grant the variance with adoption of findings on April 13, 2005.

 

SPEAKERS: Jonas Ionin, PD; Leo McFadden. DBI; Jeremy Paul, agent for appellant.

 

 

 

 

(13)    APPEAL NO. 05-019

WILLIAM & JEAN SIEPER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

485 Crestmont Drive.

Protesting the issuance on January 19, 2005, to Reed Minuth, Permit to Alter a Building (on single-family house: demolition of deck and stairs; construction of deck and stairs at front entrance).

APPLICATION NO. 2005/01/19/3490

FOR HEARING TODAY.

 

ACTION: Appeal withdrawn by appellants.

 

 

 

(14)    APPEAL NO. 05-022

CAMILLE HAMILTON

& DAVID PATING, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION,

                                             Respondent

PLANNING DEPT. APPROVAL

 

 

 

755 – 22nd Avenue.

Protesting the issuance on January 13, 2005 (neighborhood notification reissued Feb. 1, 2005 by DBI’s Central Permit Bureau), to Jeffery Nemy & Betsy Erickson, Permit to Alter a Building (on single-family house: add 6’ addition with decks to rear of building as shown on drawings; remodel 3rd floor to provide for new bathroom and decks; remodel kitchen, breakfast room, toilet/powder room and add deck at 2nd floor; remodel garage to provide for new bathroom; add dwelling unit at 1st floor).

APPLICATION NO. 2003/09/29/6087S.

FOR HEARING TODAY.

 

ACTION: Upon motion by Acting President Sugaya, the Board voted 2-1-1 (Acting Vice President Saunders dissented, Commissioner Knox absent) to uphold the permit.  Without a unanimous vote, OCA recommended a rescheduling to April 20, 2005.

 

SPEAKERS: Camille Hamilton, co-appellant; David Pating, co-appellant; Andrew Junius, attorney for permit holder; Francessca Pera, for appellant; Steve Artus, for appellant; Patricia O’Neil, for appellant; Andrew Norton, for appellant; Sandra Fewer, for appellant; Cliff Gardner, for permit holder; Daniel McGany, for permit holder; Marlin Gilbert, for permit holder; Debbie Curley, for permit holder; Jonas Ionin, PD. 

 

There being no further business, Acting President Sugaya adjourned the meeting at 6:50 p.m.

 

 

________________________________                          

Robert H. Feldman, Executive Secretary

 

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