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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, FEBRUARY 23, 2005

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

 

PRESENT: Acting President Hisashi Sugaya, Commissioner Frank Fung, and Commissioner Randall Knox.

ABSENT:  Acting Vice President Sabrina Saunders.

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.

 

(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)  REHEARING REQUEST:                                                

Subject property at 7909-7911 Geary Boulevard.  Letter from Stephen Williams, attorney for appellants Neil & Nea Hanscomb, requesting rehearing of Appeal No(s). 04-139, Hanscomb vs. DBI, PDA, decided January 12, 2005.  At that time, upon motion by Vice President Sugaya, the Board voted 5-0 to uphold the subject permit with the following condition(s): a) that a Notice of Special Restrictions be recorded on the land records limiting the use of the building to two-family; and b) that full detailed plans be submitted to the Planning Department.  Project: on 2-unit residential building, add family room and 2 decks per plans.  Permit Holder(s): Paul Detimofeev.

ACTION: None. Withdrawn by appellant/requestor.

 

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

Subject property at 3739 Lawton Street.  Permit issued on Nov. 23, 2004.  Last day to appeal was Dec. 8, 2004.  Jurisdiction request received on Jan. 31, 2005.  Letter from Raquel Fox, attorney for Cynthia Schaer & Christina Ayesha, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/11/23/9976.  Permit Holder(s): Valborg Wiederhold.  Project:  on single-family house, remove bathroom, remove cabinet, remove sink, cap pipes, and remove wall on ground floor.

ACTION: (1) Upon motion by Commissioner Knox, the Board voted 1-2-1 (Commissioner Fung & Acting President Sugaya dissented, Acting Vice President Saunders absent) to reschedule the hearing.  Motion failed.  (2) Upon motion by Commissioner Knox, the Board voted 3-0-1 (Acting Vice President Saunders absent) to deny jurisdiction. 

SPEAKERS: Raquel Fox, attorney for requestors; Diana Kruze, agent for permit holder.

 

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

Subject property at 83 Harrington Street.  Permit issued on Dec. 17, 2004.  Last day to appeal was Jan. 3, 2005.  Jurisdiction request received on Jan. 31, 2005.  Letter from Joanne Zou, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/12/17/1673.  Permit Holder(s): Shuen Yueng Temple.  Project:  on single-family house, correct NOV no. 200454053, remove 10’ deep X 25’ wide enclosure to original deck.

ACTION: Upon motion by Acting President Sugaya, the Board voted 3-0-1 (Acting Vice President Saunders absent) to grant jurisdiction.

SPEAKERS: Joanne Zou, requestor; Michael Yin, agent for permit holder.

 

(3D & E)  REHEARING REQUESTS:                                                                     

Subject property at 3620 – 19th Street.  Letters from Eileen Gold, Saandra Nazzal, and Earl Brown, appellants, requesting rehearing of Appeal No(s). 04-148, Gold & Nazzal vs. ZA, &        04-149, Brown vs. ZA, decided Jan. 19, 2005.  At that time, upon motion by Commissioner Fung, the Board voted   2-2-1 (Vice President Sugaya & Commissioner Knox dissented, Commissioner Saunders absent) to uphold the subject determination with a finding that the Zoning Administrator abused his discretion when he determined that the west side interior units’ west facing 2nd floor (bedroom) windows were in compliance with the plans approved by the Board of Supervisors on June 25, 2001.  4 out of 5 votes being required to overturn or modify a departmental action under Charter  § 4.106(d), the motion failed, and the subject determination was upheld without any modifications.

ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Acting Vice President Saunders absent) to deny the Requests for Rehearing.

SPEAKERS: Saandra Nazzal, co-appellant; Jared Eigerman, attorney for subject property owner; Earl Brown, co-appellant. 

 

(3F)  REHEARING REQUEST:                                                

Subject property at 1320 Wallace Street.  Letter from Mike Garza, appellant, requesting rehearing of Appeal No(s). 04-153, Garza vs. ZA, decided Jan. 19, 2005.  At that time, upon motion by Commissioner Knox, the Board voted 3-1-1 (President Harrington dissented, Commissioner Saunders absent) to uphold the subject Notice of Violation by the Zoning Administrator.  Notice of Violation: that the subject property is being used as a junkyard in violation of the Planning Code since a junkyard is not a permitted use in the M-1 (light industrial) zoning district.

ACTION: Upon motion by Commissioner Knox, the Board voted 3-0-1 (Acting Vice President Saunders absent) to deny the Request for Rehearing.

SPEAKERS: None.

 

(4)   APPEAL NO. 03-193

PATRICK McDERMOTT, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

1956-1960 Fell Street.

Re: Permit to Convert (from 8 residential guest rooms and 1 dwelling unit into 3 dwelling units).

Note:  Pursuant to McDermott vs. City & County of San Francisco, Case No. 504-258, the Board is required (1) to set aside its decision of March 3, 2004 on the appeal of Patrick McDermott, and (2) to require the Dept. of Building Inspection not to enforce the replacement unit provisions of the Hotel Conversion Ordinance (HCO) against the appellant.

FOR FURTHER CONSIDERATION TODAY.

ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Acting Vice President Saunders absent) to vacate the judgment of March 3, 2004, and to instruct DBI not to enforce the replacement unit provisions of the Hotel Conversion Ordinance (HCO) against the appellant.

SPEAKERS: None.

 

(5)   APPEAL NO. 04-155

ZHANG PING GAO dba

“LOTUS FLOWER HEALTH CENTER”,

                                               Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

3800 Noriega St. / 1789 – 45th Ave.

Appealing a Health Permit Zoning Referral (Acupuncture, Acupressure & Massage) dated October 4, 2004, addressed to Zhang Ping Gao, that Planning Code § 710.51 prohibits the use of a second floor in an NC-1 (Neighborhood Commercial) zoning district for a medical-related business purpose, and that Planning Code § 204 only allows a massage business in an NC-1 zoning district as a secondary use on the premises, which has another primary permitted use.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Acting Vice President Saunders absent) to reschedule the hearing to April 13, 2005 at the request of the appellant.

SPEAKERS: Suzanne Yee, attorney for appellant; Jonas Ionin, PD.

 

 

(6)  APPEAL NO. 04-173

LEUNG TO CHOW, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

323 – 26th Avenue.

Appealing a Notice of Decision by Dept. of Building Inspection Acting Director Jim Hutchinson, dated November 5, 2004, addressed to Leung to Chow and Chris Moscone, which states that an unlawful residential demolition has taken place at the subject property within the meaning of San Francisco Building Code §§ 103.3, 103.3.1, and 103.3.2, that Building Permit Application No(s). 2002/03/11/1078S1-5 & 2004/05/18/4138 are hereby revoked, and that a 5-year moratorium on the issuance of building permits is hereby imposed pursuant to San Francisco Building Code   § 103.3.1.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Acting Vice President Saunders absent) to reschedule the hearing to April 13, 2005 at the request of the parties.

 

(7)  APPEAL NO. 04-178

PATRICIA VAUGHEY, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

2775 Filbert Street.

Appealing a determination dated November 5, 2004, addressed to Patricia Vaughey, regarding construction of fencing at the subject property, and in reference to Building Permit Application No(s). 2004/05/28/5113, which was approved for construction of a    10-foot tall fence. 

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 to uphold the determination.

SPEAKERS: Jonas Ionin, PD; Appellant did not appear but did request a rescheduling due to illness. 

 

(8)  APPEAL NO. 04-179

JACKSON LIN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1771 – 16th Avenue.

Protesting the issuance on November 8, 2004, to Charles & Pearl Wong, Site Permit to Alter a Building (on single-family house: horizontal rear extension of 20’–6” plus a new full story above existing 1st floor).

APPLICATION NO. 2003/10/07/6697S.

FOR HEARING TODAY.

ACTION: Upon motion by Acting President Sugaya, the Board voted 3-0-1 (Acting Vice President Saunders absent) to uphold the permit.

SPEAKERS: Jackson Lin, appellant; Charles Wong, co-permit holder; Jonas Ionin, PD.

 

(9)  APPEAL NO. 05-006

KENT deGROOT, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

3939 – 20th Street.

Protesting the issuance on December 30, 2004, to Westminster Trust, Permit to Alter a Building (on 10-unit apartment building: install 4’ tall steel fence on roof to prevent people from accessing roof).

APPLICATION NO. 2004/12/30/2368.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Acting Vice President Saunders absent) to uphold the permit.

SPEAKERS: Kent deGroot, appellant; Louise Swig, agent for permit holder.

 

There being no further business, Acting President Sugaya adjourned the meeting at 8:00pm.

________________________________                         

Robert H. Feldman, Executive Secretary

 

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