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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 4, 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 (DCA OCA); Jonas Ionin, 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:
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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.
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SPEAKERS: Sue Hestor & Andrew Zacks.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 380 Monterey Boulevard. Variance granted on December 10, 2003. Last day to appeal was December 20, 2003. Jurisdiction request received on April 12, 2005. Letter from Maureen Fitzpatrick, requestor(s), asking that the Board take jurisdiction over variance decision no. 2003.0730V. Variance Holder(s): 380 Monterey Condominium Association. Project: legalize the existing off-street parking configuration on the subject site.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the hearing to May 18, 2005 at the written request of the parties.
SPEAKERS: None.
(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2115 Broderick Street. Permit issued on March 23, 2005. Last day to appeal was April 7, 2005. Jurisdiction request received April 15, 2005. Letter from Wendy Bolker, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/03/23/8190. Permit Holder(s): Gary Bell & Associates. Project: new wooden fence along side in rear yard; maximum 10’ height; approximately 35’ long.
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ACTION: Upon motion by Vice President Saunders, the Board voted 5-0 to deny the request for jurisdiction.
SPEAKERS: Gary Bell, agent for permit holder; Alison Hiraga, permit holder; requestor did not appear.
(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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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.
Note: Public hearing held March 30, 2005. For further consideration today.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Garcia recused) to deny the request for jurisdiction.
SPEAKERS: Andrew Zacks, attorney for permit holder; Milla Lvovich, attorney for requestors.
(4) CONSENT ITEMS (DBI PENALTY):
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With the consent of the Dept. 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.
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(4A) APPEAL NO. 04-201
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HOADY FAMILY
REVOCABLE TRUST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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466 Paris Street.
Appealing the imposition of penalty on Dec. 22, 2004, for work done without a permit (on a 3-unit residential building: legalization of work without permit; 2nd egress; no change of use; sprinkler permit will be obtained by contractor).
APPLICATION NO. 2003/02/13/7441S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to reduce the penalty to 5 times the regular fee.
SPEAKERS: Mike Hoady, agent for appellant; Leo McFadden, DBI.
(4B) APPEAL NO. 05-026
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M.R. NAIR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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152 Bertita Street.
Appeal for refund of penalty imposed on February 11, 2005, for work done without a permit (on single-family house: abate NOV No. 200232575; restore original condition approved on May 21, 1990; current owner does not know location of illegal rear addition that was started by previous owner).
APPLICATION NO. 2005/02/11/5351.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reduce the penalty to 2 times the regular fee.
SPEAKERS: None.
(5) APPEAL NO. 05-040
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GEORGE BELONOGOFF, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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448 – 40th Avenue.
Appealing the denial on February 17, 2005, of Permit to Remove & Replace One (1) Tree.
ORDER NO. 175, 183.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to overrule the denial & grant the permit, with the replacement tree to be of a size and species acceptable to DPW BUF.
SPEAKERS: Carla Short, DPW BUF; George Belonogoft, appellant.
(6) APPEAL NO. 04-037
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ANTHONY DUMONT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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155 Westwood Drive.
Appealing a Notice of Decision by Dept. of Building Inspection Director Frank Chiu, dated April 19, 2004, revoking Building Permit Application No(s). 2003/05/19/4954, 2003/08/05/1263, and 2003/08/21/2731. Reason(s) for revocation: construction at the subject property exceeded the scope of the first two permits; and the third permit was issued in error due to false information supplied by the permit applicant.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-1 (Vice President Saunders dissented) to uphold the revocation.
SPEAKERS: Leo McFadden, DBI; Jeremy Paul, for appellant; Pat Bucovich, agent for appellant; Anita Theoharis, for DBI; Danny Burkes, for DBI; Andrew Zacks, attorney for appellant.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 04-113
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EDWARD ROMANOV, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: N/A (Mandatory DR)
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1234 – 19th Avenue.
Appealing the denial on August 13, 2004, of Permit to Demolish a Building (2-story single-family house with 1,506sf of ground floor area).
APPLICATION NO. 2002/06/10/8643.
FOR HEARING TODAY.
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(7B) APPEAL NO. 04-114
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EDWARD ROMANOV, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: N/A (Mandatory DR)
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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.
FOR HEARING TODAY.
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ACTION: (A) Upon motion by Commissioner Fung, the Board voted 5-0 to overrule the denial and grant the demolition permit, with findings to be adopted on 5/18/05. (B) Upon motion by Commissioner Fung, the Board voted 5-0 to continue the site permit appeal to June 8, 2005, with the public hearing closed.
SPEAKERS: Jonas Ionin, PD; Joel Yodowitz, attorney for appellant; Edward Romanov, appellant; Sue Hestor, for PC; Tony Panteleoni, agent/architect for appellant.
(8) APPEAL NO. 04-116
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JOHN BRENNAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1420 Haight Street.
Appealing a determination dated August 17, 2004, addressed to Matthew Brennan (Subject Property Owner Mehran Ismaili), that the notification and hearing for Conditional Use (CU) Motion No. 16593, which adds 2,300sf of retail space to the existing 3,300sf shoe store at the subject property, was properly performed, and thus it is not necessary to halt construction as authorized under CU Motion.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the hearing to July 20, 2005 at the written request of the parties.
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 04-182
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ELLEN TSANG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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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.
FOR HEARING TODAY.
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(9B) APPEAL NO. 05-057
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ARZA TRUST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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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.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to continue the hearing to June 8, 2005 with the public hearing to remain open.
SPEAKERS: Stephan Williams, attorney for appellant; Jeremy Paul, agent for permit holder; Nichole Wolfe, for permit holder; Marla McGowan, for permit holder; Phil Fernandez, for permit holder; Jonas Ionin, PD; Leo McFadden, DBI.
(10) APPEAL NO. V04-185
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RICHARD MILLETT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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695 Arkansas Street & Unimproved Portion of the 22nd Street Right of Way.
Protesting the granting on November 29, 2004, to Mike Lanza, Front Setback Variance (proposal is to construct an addition on the southern side of the property within the required front setback).
VARIANCE CASE NO. 2004.0270V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to reschedule to Call of Chair.
SPEAKERS: Richard Millet, appellant; Mike Lanza, variance holder.
(11) APPEAL NO. 04-191
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NEXTMEDIA GROUP INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner(s): REALTIME
PROPERTIES LLC
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60 Broadway Street.
Appealing a determination dated November 29, 2004, addressed to Steve Atkinson at Steefel, Levitt & Weiss LLP, that the Planning Department could not accept Nextmedia’s June 2002 or November 2003 applications to erect a general advertising sign at the subject property as those applications were submitted after the passage of Proposition G, and similarly, that the Planning Department cannot accept any future applications from Nextmedia for a general advertising sign at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 5-0 to reschedule the hearing to June 1, 2005 at the written request of the parties.
SPEAKERS: None.
(12) APPEAL NO. 04-200
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CLAUDINE RYAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: N/A (Mandatory DR)
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21-23 Jersey Street.
Appealing the denial on December 21, 2004, of Permit to Alter a Building (merge 2 units into single-family residence; remove partition walls at top and bottom of stairs and replace with guardrails; reference previous Building Permit Applications 2000/09/29/1932 & 2000/10/27/4285).
APPLICATION NO. 2004/07/01/7869.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-1 (President Sugaya dissented) to overrule the denial and grant the permit, with findings to be adopted on May 18, 2005.
SPEAKERS: Jonas Ionin, PD; Brett Gladstone, attorney for appellant; Claudine Ryan, appellant; Pamela Gibbs, for appellant; Kevin Gibbs, for appellant; Brandon Hemley, for appellant; Jackie Holen, for appellant; Lisa Babel, for appellant; Maurice Edwards, for appellant; Catherine Bruce, for appellant; Katherine Ritchey, for appellant.
ITEMS (13A), (13B), (13C) & (13D) SHALL BE HEARD TOGETHER:
(13A) APPEAL NO. 05-017
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WILLIAM JONES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1189 Stanyan Street.
Protesting the issuance on January 28, 2005, to Tom Hunt, Site Permit to Erect a Building (3-story, single-family house with 1,600sf of ground floor area).
APPLICATION NO. 2003/09/18/5184S.
FOR HEARING TODAY.
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(13B) APPEAL NO. 05-018
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WILLIAM JONES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1187 Stanyan Street.
Protesting the issuance on January 28, 2005, to Tom Hunt, Site Permit to Erect a Building (3-story, single-family house with 1,850sf of ground floor area).
APPLICATION NO. 2003/09/18/5180S.
FOR HEARING TODAY.
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(13C) APPEAL NO. 05-020
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MR. & MRS. AL PELAVIN
and PETER PELAVIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1189 Stanyan Street.
Protesting the issuance on January 28, 2005, to Tom Hunt, Site Permit to Erect a Building (3-story, single-family house with 1,600sf of ground floor area).
APPLICATION NO. 2003/09/18/5184S.
FOR HEARING TODAY.
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(13D) APPEAL NO. 05-021
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MR. & MRS. AL PELAVIN
and PETER PELAVIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1187 Stanyan Street.
Protesting the issuance on January 28, 2005, to Tom Hunt, Site Permit to Erect a Building (3-story, single-family house with 1,850sf of ground floor area).
APPLICATION NO. 2003/09/18/5180S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 5-0 to reschedule the appeals to Call of the Chair at the written request of the parties pending outcome of Cat Ex appeal at the Board of Supervisors.
SPEAKERS: None.
There being no further business, President Sugaya adjourned the meeting at 9:00pm.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
