2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, APRIL 2, 2003
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
Present: President Arnold Y. K. Chin, Vice President Kathleen Harrington, Commissioner Douglas Shoemaker and Commissioner Hisashi Sugaya. Absent: Sabrina Saunders.
Catharine Barnes, Deputy City Attorney for the City Attorney (DCA); Lawrence Badiner, Zoning Administrator, Laurence Kornfield, Chief Building Inspector, DBI; and Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant for the Board of Appeals; Official Court Reporter Claudine Woeber.
(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.
(2)COMMISSIONERS COMMENTS & QUESTIONS:
(3)ADDENDUM ITEMS: None.
(4)CONSENT ITEMS (DBI PENALTY): With the consent of the Department of Building Inspection, the Board will proceed to a vote without testimony to reduce the penalty (investigation fee) to two times the regular fee as provided for in the Building Code. Without consent the Board will take testimony and then decide the appeal.
(4A) APPEAL NO. 03-017
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RICHARD JONES, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[500 Columbus Avenue.
[Appeal for refund of penalty imposed on Jan. [31, 2003 for plumbing & mechanical work [done without a permit on a commercial [building.
[PERMIT NO. P434472.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to reduce the subject penalty to 2 times the regular fee (with consent).
SPEAKERS: None.
(5) APPEAL NO. 02-063
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ERIC YOUNG
dba "SF BATTLE ZONE", Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1968 Powell Street (583 Lombard Street).
[Appealing a Notice of Violation dated March 26, [2002, addressed to Gan Woo Wong, that the small [grocery store at the subject property has been [converted into an internet café without benefit of a [permit, in violation of Planning Code § 722.48 which [requires conditional use (CU) authorization for "Other [Entertainment Uses" in the North Beach [Neighborhood Commercial Zoning District.
[PUBLIC TESTIMONY HEARD NOV. 13, 2002, & [FEB. 26, 2003.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: Appeal withdrawn by the appellant prior to hearing.
SPEAKERS: None.
(6) APPEAL NO. 02-096
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RAFAEL MIRANDA, Appellant(s)
ZONING ADNMISTRATOR, Respondent
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[1255 Goettingen Street.
[Appealing a determination dated May 22, 2002, [addressed to Rafael Miranda, that the legal use [of the subject property is a single-family [dwelling because the building was constructed [as a single-family house, because no permit [could be found which authorized the addition of [a second dwelling unit, and because the permit [history indicates the continued use of the [structure as a single-family structure.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the appeal to April 30, 2003 at the request of the parties.
SPEAKERS: None.
(7) APPEAL NO. 02-201
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JAMES VIEGAS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[91 San Felipe Ave.
[Protesting the issuance on October 2, 2002, to [Mark Sears & Russell Schrader, Permit to Alter [a Building (on single-family house: additional [information as requested by District Building [Inspector regarding the planters from Building [Permit Application No(s). 2001/12/19/5627; [show as built planter wall (under rear deck and [stair case), correct garage roof deck, finished [floor elevation).
[APPLICATION NO. 2002/10/02/7981.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to continue the appeal to May 14, 2003.
SPEAKERS: Laurence Kornfield, CBI, DBI, described the process for review of this type of project. He said that the Department was not satisfied with the plans submitted and the plan checker has requested new plans for the retaining wall and he might require a new permit application also. He said that the Department will take action in any case regardless of the outcome of the appeal. Jeremy Paul, agent for the Appellant, urged the Board not to require a new permit application and said that revised plans sufficient for the Department will probably satisfy his client who would likely withdraw his appeal once assured the engineering is safe. He said his client has no problem with a continuance of the hearing. Russell Shrader, a co-owner and permit holder said he feared that the project will be dragged out even more and will come back to the Board again in two months. He said this permit is for a technical amendment requirement by the City to show how deep the rebar goes. He objects to a continuance of the hearing.
No public comment for either side.
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 02-239
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KENNETH FONG, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[31 Fairmount Street.
[Protesting the issuance on December 11, [2002, to Ronald Wallace, Site Permit to [Erect a Building (3-story, single family [residence, 35' in height).
[APPLICATION NO. 2000/08/07/7174S.
[FOR HEARING TODAY.
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(8B) APPEAL NO. 02-241
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MORRIS & BRENDA ABBOTT, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[31 Fairmount Street.
[Protesting the issuance on December 11, [2002, to Ronald Wallace, Site Permit to [Erect a Building (3-story, single family [residence, 35' in height).
[APPLICATION NO. 2000/08/07/7174S.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the appeals to April 30, 203 at the request of the parties.
SPEAKERS: None.
(9) APPEAL NO. 03-010
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MICHAEL MA, Appellant(s)
ZONING ADMINISTRATOR, Respondent
Subject Prop. Owner(s): ROGER
REYNOLDS
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[2750 Lake Street.
[Appealing the determination dated Jan. 6, 2003, [addressed to Sue Hestor, attorney for [Appellant, that the proposal to construct a 2nd [story above the existing garage on this [detached single family house, if either street [frontage was to be elected as the front lot line, [that portions of the existing building would occur [within the required rear yard, and thus be non-[conforming; therefore, electing a front line [parallel to 29th Avenue would allow for the [proposal to comply with Planning Code §§ [172(b) & 173(b).
[FOR HEARING TODAY.
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ACTION: This appeal was rescheduled to May 14, 2003 prior to the meeting.
(10) APPEAL NO. 03-014
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LAURA JAFFE Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1256-1258 Lombard Street.
[Protesting the issuance on January 13, 2003, to [Jeff Galvan, Permit to Alter a Building (on 2-unit [residential building: remove illegal kitchen in [garage area, cap all utilities at source, remove [non-load bearing walls and convert to storage; [legalize bathroom).
[APPLICATION NO. 2003/01/13/5090.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the appeal to April 30, 2003.
SPEAKERS: Jeffrey Ravoy said he is one of the owners and that they want to revoke or cancel their permit. Laurence Kornfield said he understands that the owners have requested that the Department cancel the permit but that they haven't completed the process yet but the Board can revoke the permit or order the Department to take action of some type. He said it takes about three weeks for the Department to process such a request. David Wilbun said that he is assisting the Appellant and asked for a continuance to April 30, 2003 so that there would be all five Commissioners present.
No public comment for either side.
(11) APPEAL NO. 03-015
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SANGIACOMO
ROSETTA LIVING TRUST, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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[3366 Sacramento Street.
[Appealing the denial on Jan. 30, 2003, of [Permit to Alter a Building (on 2-unit [residential/retail building: change of use permit; [provide new sprinkler for 1hr protection and [new ¾ hr property line protection windows).
[APPLICATION NO. 2001/04/25/7697.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the appeal to May 14, 2003 at the request of the parties.
SPEAKERS: None
(12) APPEAL NO. 03-018
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VIVIAN NAPIER, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[278 Flood Avenue.
[Protesting the issuance on Jan. 21, 2003, to [Daphine Qiu, Site Permit to Alter a Building (on [single-family house; on 2nd floor: remodel floor, [add horizontal addition of 2 bedrooms and 1 [bathroom and wooden deck; on ground floor: [install exercise room behind garage, and [horizontal addition of 2 bedrooms, 1 bathroom, [and a light court with stairs).
[APPLICATION NO. 2002/05/06/5780S.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the subject permit on condition that the addition be pulled back 3 feet on both floors.
SPEAKERS: Keith Velleca attorney for the Appellant said the issue here is the quality of life of the Appellant who is a diabetic and needs to garden in her yard for health and well being. The project will result in shadowing of her garden which will be very detrimental to her garden and her activities in it. She has lived there 35 years and the permit holder only since August 2001. Also the project is not in character with the neighborhood. He asked for specific revision to the plans. Tom Angeloff said he is a teacher at City College and he prepared a shadow study for the Permit Holder which shows that the project will not have a significant effect on the Appellant's rear yard and garden. He said the Permit Holder has agreed to shorten her addition by two feet to accommodate the Appellant. Daphne Qiu, Permit Holder, said that there are many precedents in the area for an addition like hers and hers will only be twenty-five feet in length, which is less than is allowed by the Code.
Julian Banales, Planner, explained the pattern of rear yard development in the area using a Sanborn Map. He said that the project will not affect the mid-block open space which will be maintained and that there were no requests for discretionary review after the required Section 311 Notification to Neighbors. He said he thought the staff would have recommended approval to the Commission had there been a DR hearing.
Virginia Napier, Appellant, said that the Permit Holder won't agree to change her plans in any way and she doesn't want to give up half of her gardening space because of shadowing by the proposed addition.
No public comment for either side.
(13) APPEAL NO. 03-019
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LIKE LIU, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2282 - 28th Avenue.
[Protesting the issuance on November 12, 2002, [to Cheng Lee, Permit to Alter a Building (on [single-family house: remove illegal unit at [ground floor, remove non-bearing partitions, [kitchen, toilet and closet; [create new storage).
[APPLICATION NO. 2002/11/12/1225.
[JURISDICTION GRANTED JAN. 22, 2003.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the subject permit.
SPEAKERS: Laurence Kornfield, CBI, DBI, in response to a Board question explained the difference between R-1 class under the Building Code and RH-zoning under the Planning Code. He said the Notice of Violation was issued because there is an illegal unit in the basement of the house. The Appellant did not appear and there was no public comment for either side.
There being no further business President Chin adjourned the meeting at 6:25 p.m.
________________________ _________________________________
Arnold Y. K. Chin, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtain from Ms. Claudine Woeber, the Official Court Reporter,
506-0430
