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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, AUGUST 1, 2007

 

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

 

PRESENT: President Randall Knox, Vice President Michael Garcia, Commissioner Frank Fung, and Commissioner Robert Haaland.

 

ABSENT: Commissioner Katharine Albright.

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist; Virginia O’Rear, 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.

 

SPEAKER: David Pilpel requested that the Board complete its process of revising its rules beginning next year.

 

 

SPEAKERS: None.

 

 

(3)    ADDENDUM ITEMS: 

 

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

No specific subject property.  Determination issued by the Zoning Administrator on               May 15, 2006.  Last day to appeal was May 30, 2006.  Jurisdiction request received on     February 8, 2007.  Letter from Douglas Loranger, David Tornheim, and San Francisco Neighborhood Antenna-Free Union (SNAFU), requestors, asking that the Board take jurisdiction over a ZA determination regarding whether certain types of wireless telecommunication facilities qualify as accessory uses under the Planning Code.  Determination Holder: T-Mobile – Omnipoint.

 

ACTION: Upon motion by President Knox, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to reschedule the matter to 10/03/07 at the prior written request of the parties.

 

SPEAKERS:  None.

 

PUBLIC COMMENT: None.

 

 

(3b)  REHEARING REQUEST:                                                    

Subject property at 1801-1813 Fulton Street.  Letter from Vladamir Gammer, appellant, requesting rehearing of Appeal No. 06-189, decided January 31, 2007.  At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to uphold the subject permit.  Permit Holder: T-Mobile Omnipoint.  Project: on multi-unit apartment building, installation of new micro-cell panel antenna enclosed within a faux vent; installation of associated equipment and necessary cabling/cable trays; no new batteries; BPA No. 2006/03/21/7213.

 

ACTION: Upon motion by President Knox, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to reschedule the matter to 10/03/07 at the prior written request of the parties.

 

SPEAKERS:  None.

 

PUBLIC COMMENT: None.

 

 

(3c)  JURISDICTION REQUESTS TO ALLOW LATE FILING OF APPEALS:                               

Subject property at 145 Edinburgh Street.  Permits issued on August 28, 2006, April 30, 2007, and June 1, 2007.  Last day to appeal was September 12, 2006, May 15, 2007, and June 18, 2007, respectively.  Jurisdiction requests received on July 5, and July 16, 2007.  Letter from Claire Zvanski, co-requestor, asking that the Board take jurisdiction over Building Permit Application No. 2005/05/20/2973, Plumbing Permit No. PP2007/04/30/969 and Building Permit Application No. 2007/06/01/2698.  Project, Aug. 2006 building permit: erect a new two-story single-family dwelling.  Project, April 2007 plumbing permit: new house, four bathrooms, one kitchen, one bar sink; two sets washer/dryer; water, main gas line, floor drains, roof drains, and two furnaces.  Project, June 2007 building permit: changes to 2nd floor; relocate master bedroom to family room; rearrange bedroom closet and exercise room; 1st floor family room to two bedrooms and media room.

 

ACTION: Upon motion by President Knox, the Board voted 3 -1 – 1 (Commissioner Haaland dissented and Commissioner Albright absent) to deny the Jurisdiction Request.

 

SPEAKERS: Claire Zvanski, Co – requestor; Anita Seghetti, Co – requestor; Ahmad Larizadeh, agent for permit holder; Scott Sanchez, for PD; Laurence Kornfield, for DBI.

 

PUBLIC COMMENT: None.

 

 

(3d)  ADOPTION OF FINDINGS:                                                 

Subject property at 180 Corwin Street.  Appeal No. V06-177, Tellis vs. ZA, decided July 11, 2007 at a rehearing.  At that time, upon motion by Vice President Garcia, the Board voted 5-0 to overrule the denial, and grant the variance, on condition that the appellant pay an in-lieu fee of $100,000 (one-hundred thousand dollars) to the Mayor’s Office of Housing, with findings to be adopted at a later date.  Project: proposal is to allow 5 off-street parking spaces where 6 are required for a 6-unit residential building; Variance Case No. 2006.0878V.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to adopt the findings as amended.

 

SPEAKER: Eric Hansen, agent for appellant.

 

PUBLIC COMMENT: None.

 

 

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

Subject property at 943 Church Street.  Partial suspension of permit effective on June 22, 2007.  Last day to appeal was July 9, 2007.  Jurisdiction request received on July 17, 2007.  Letter from Kevin Cheng and Todd Mavis, requestors, asking that the Board take jurisdiction over the partial suspension of BPA No. 2005/06/14/5053 by the Dept. of Building Inspection at the request of the Zoning Administrator.  Project: new vertical addition to single-family dwelling; create one new unit; and remodel unit. 

 

ACTION: Upon motion by Vice President Garcia, the Board voted 3 – 1 – 1 (Commissioner Haaland dissented and Commissioner Albright absent) to grant the Jurisdiction Request. Motion failed for lack of four votes. Jurisdiction denied.

 

SPEAKERS: Todd Mavis, Co –requestor; Laurence Kornfield, for DBI; Scott Sanchez, PD.

 

PUBLIC COMMENT: Dan Orsine, Alec Bash, William Duke, Ralph Hofschildt and Justine Juson spoke in favor of the DBI.

 

 

(4)  APPEAL NO. 06-202

JEFFREY KRAMER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

591-599 Guerrero Street.

Protesting the issuance on December 21, 2006, to Omnipoint – T-Mobile, Permit to Alter a Building (installation of new microcell panel antenna enclosed within new false vent; installation of associated equipment).

APPLICATION NO. 2006/05/19/2075.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Knox, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to reschedule the matter to 10/03/07 at the prior written request of the parties.

 

SPEAKER: None.

 

PUBLIC COMMENT:  None.

 

 

(5)  APPEAL NO. 07-070

KIM PHAT PHUNG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

777 Athens Street.

Appealing the imposition of penalty on       May 15, 2007, for plumbing work done without a permit.

APPLICATION NO. PP2007/05/10/1377.

FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to reduce the penalty to two times the regular fee.  DBI consents to a reduction, no testimony taken.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(6)  APPEAL NO. 07-099

NOEMI TABORA, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

10 Cielito Drive.

Appealing the imposition of penalty on       June 19, 2007, for work done without a permit (on single-family house: replace windows; legalize guest room at ground floor; remodel bathroom; comply with NOV No. 200705101; install insulation and one-hour wall at garage).

APPLICATION NO. 2007/06/18/4270.

FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to reduce the penalty to two times the regular fee.  DBI consents to a reduction, no testimony taken.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None

 

 

(7)  APPEAL NO. 07-060

WILBUR WOO, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

2116 Irving Street.

Appealing a Notice of Violation dated April 23, 2007, addressed to Wilbur Woo & Dolores Revo, that the “Quickly” establishment at the subject property has not procured proper Planning Department authorization, in violation of Planning Code §§ 703.3 & 703.4.

FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to uphold the Notice of Violation.

 

SPEAKERS: Wilber Woo, appellant; Scott Sanchez, PD; Laurence Kornfield, DBI.

 

PUBLIC COMMENT: None.

 

 

(8)  APPEAL NO. 07-065

NICOLE HAGASHI, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

244 – 32nd Avenue.

Protesting the issuance on April 18, 2007, to Mary Jo Bowling & Michael Steder, Site Permit to Alter a Building (on single-family house: interior renovation involving new partitions, new bath, kitchen and bath remodel; 3rd floor addition with roof deck over existing roof).

APPLICATION NO. 2006/06/23/4870S.

FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to uphold the permit on condition: a) that deck be pulled back three feet; b) that the slats on south side (of penthouse) be solid; and c) that the wall on east side (of penthouse) be solid to a height of thirty-six inches.

 

SPEAKERS:  Nicole Hagashi, appellant; Taisuke Ikegami, agent for permit holder; Sack Steder, co - permit holder; Steven Doi, agent for appellant.

 

PUBLIC COMMENT: Joanna Bown spoke in favor of the appellant.

 

 

(9)  APPEAL NO. 07-066

GIULIANA RENDE, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

2576-2580 Washington Street.

Protesting the issuance on April 23, 2007, to Jean Seto, Permit to Alter a Building (on 12-unit apartment building: units 4, 5, & 6 in building 2576; sections of wall and ceiling to be opened for electrical upgrade; plumbing work as needed; replace light fixtures; repair lath and plaster).

APPLICATION NO. 2007/04/05/8119.

FOR HEARING TODAY.

 

ACTION: Withdrawn by the appellant.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(10)  APPEAL NO. 07-067

KAWBHC LLC, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

3099 – 22nd Street.

Appealing a Letter of Determination dated April 24, 2007, addressed to Kathleen Welch, regarding a Notice of Special Restrictions (NSR) for the proposed new construction at the subject property and those adjacent lots that were originally formed from lot 034A.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Haaland, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to continue the matter to 9/19/07, to await the return of Commissioner Albright so that the full Board can decide the matter.

 

SPEAKERS: Rodrigo Santos, agent for appellant; Scott Sanchez, PD.

 

PUBLIC COMMENT: None.

 

 

(11) APPEAL NO. 07 – 068

WING TAN dba “QUICKLY”, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

415 Castro Street.

Appealing a Notice of Violation dated April 23, 2007, addressed to Haifa Khoury, that the “Quickly” establishment at the subject property has not procured proper Planning Department authorization, in violation of Planning Code §§ 703.3 & 703.4.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to continue the matter to 10/24/07, with the public hearing closed, and to allow time for appellant to confer with Planning Staff on alternative options.

 

SPEAKERS: Scott Sanchez, PD; Wing Tan, appellant.

 

PUBLIC COMMENT: None.

 

 

(12)  APPEAL NO. 07-069

STELLA CHIU, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

383 Crestlake Drive.

Protesting the issuance on May 11, 2007, to Heddy & Monio Pilpel, Site Permit to Alter a Building (on single-family house: horizontal addition and some ground floor interior remodel to include family room, bedroom, bath, and laundry room).

APPLICATION NO. 2006/07/20/7181S.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to uphold the permit.

 

SPEAKERS: Stella Chiu, appellant; Heddy Pilpel, co- permit holder; Monio Pilpel, co – permit holder, David Pilpel, son of permit holders; Scott Sanchez, PD; Andy Rodgers, agent for permit holders.

 

PUBLIC COMMENT: Lorraine Smookler said she supports the project.

 

 

(13)  APPEAL NO. 07-080

JEFFREY SHOPOFF, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

3848 – 21st Street.

Protesting the issuance on May 15, 2007, to Eric & Linda Eislund, Site Permit to Alter a Building (on single family house: horizontal addition to ground and 2nd floors; new cantilevered deck on 2nd floor; vertical addition to rear of building for new attic space; all exterior alterations to rear of building).

APPLICATION NO. 2006/09/01/1232S.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Haaland, the Board voted 4 – 0 – 1 (Commissioner Albright absent) to uphold the permit.

 

SPEAKERS: Jeffrey Shopoff, appellant; Elva Harding, attorney for permit holder; Karen Mar, agent for permit holder; Linda Eislund, co – permit holder; Scott Sanchez, PD.

PUBLIC COMMENT: Dan Lockwood, Jennifer Delucca, Bastien Vida, Carrie Holder, Isabelle Salvadori, Fif Ghobadian and Christopher Keene spoke in support of the permit holder.

 

 

There being no further business, President Knox adjourned the meeting at 10:11 p.m.

 

 

Transcripts of these hearing can be obtained from Easteller Bruihl the Official Court Reporter.