2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 30, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Michael Garcia, Commissioner Katharine Albright and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector (DBI); Larry Badiner, Zoning Administrador, (ZA); Cecilia Mangoba, Department of Public Health (DPH); Robert H. 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.
|
SPEAKERS: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 60 Entrada Court. Permit issued on May 1, 2006. Last day to appeal was May 16, 2006. Jurisdiction request received on June 26, 2006. Letter from Hayes Miles, requestor, asking that the Board take jurisdiction over Building Permit Application No(s). 2004/07/12/8482. Permit Holder(s): James Carlin. Project: on single family house, kitchen remodel and rear addition.
|
ACTION: Upon motion by President Fung, the Board voted 5 – 0 to deny the jurisdiction request.
SPEAKERS: Hayes Miles, requestor; James Carlin, permit holder.
PUBLIC COMMENT: None.
(3b) SPECIAL ITEM:
|
Subject property at 1284 Mission Street. Appeal No. 06-103, Lee’s Oriental Massage vs. DPH, (appealing revocation by Department of Public Health of Massage Practitioner Permit). Request by appellant to disqualify Office of the City Attorney.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted to 5 – 0 to not disqualify Deputy City Attorney Catharine Barnes and Deputy City Attorney Ann O’ Leary of the Office of the City Attorney from representing the Board of Appeals.
ACTION: Upon motion by Commissioner Albright, the Board voted to 5 – 0 to reschedule the matter regarding disqualification of the Office of the City Attorney from representing the Department of Public Health (DPH) to September 20, 2006 and to schedule a motion to disqualify the entire Board of Appeals from the case, and to reschedule the substantive appeal to September 20, 2006.
SPEAKERS: Geoffrey Rotwein, attorney for appellant; Cecilia Mangoba, attorney for Department of Public Health (DPH); Ann O’Leary, Office of the City Attorney.
PUBLIC COMMENT: None.
(4) APPEAL NO. 06-083
|
ROSS WILKINSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
515-695 John Muir Drive.
Protesting the issuance on May 10, 2006, to Delaware Lakewood LLC, Permit to Alter a Building (on 720-unit apartment complex: revision to BPA No. 2006/02/22/5138; total of 480 exhaust fan units to be installed throughout complex).
APPLICATION NO. 2006/05/10/1214.
PUBLIC HEARING HELD 0N JULY 19, 2006 AND REMAINS OPEN; FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow DBI and parties time to submit additional materials pursuant to the Board’s comments.
|
ACTION: Upon motion by President Fung, the Board voted 4 – 1 (Commissioner Haaland dissented) to uphold the permit on condition that the exhaust fan units have a damper, caulking, and an on/off switch.
SPEAKERS: Laurence Kornfield, DBI; Marcus Hall, attorney for appellant; Ross Wilkinson, appellant; Jeff Marguiles, attorney for permit holder.
PUBLIC COMMENT: None.
(5) APPEAL NO. 06-090
|
KATHERINE BIRD
& WILLIAM ROTHRUM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
500-506 Cole Street.
Protesting the issuance on May 17, 2006, to Richard Baldwin, Site Permit to Alter a Building (on 4-unit apartment building: new 2-car tandem garage at rear with new roof decks above; rear yard variance no. 2001.0325V granted on June 19, 2001).
APPLICATION NO. 2004/04/13/1122S.
PUBLIC HEARING HELD AND CLOSED ON JULY 26, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow DBI time to research possible alternatives regarding the balustrade issue.
|
ACTION: Upon motion by Vice President Knox, the Board voted 5 – 0 to uphold the permit on condition that a property line railing be allowed, be open, and be made of a non-combustible material.
SPEAKERS: Laurence Kornfield, DBI; William Rothrum, appellant; Richard Baldwin, permit holder; Linda Dunn, wife of permit holder.
PUBLIC COMMENT: None.
(6) APPEAL NO. 06-099
|
ROY LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
139-141 Blake Street.
Appealing the imposition of penalty on July 6, 2006, for electrical work done without a permit.
APPLICATION NO. E2006/06/28/9014.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue the matter to September 20, 2006, with the Department of Building Inspection to pay for a transcript of the hearing, and for this transcript to be delivered to appellant.
SPEAKERS: Lawrence Kornfield, DBI; Roy Lee, appellant.
PUBLIC COMMENT: Laurence Nicholls spoke in favor of appellant.
(7) APPEAL NO. V06-075
|
SONDRA LEQVE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
331 Filbert Street.
Protesting the granting on May 2, 2006, to Peter Dwares, Rear Yard Variance (construct an elevator, serving all four levels of the building, along the westerly edge of the rear balcony in the required rear yard).
VARIANCE CASE NO. 2004.0680V.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Albright, the Board voted 3 – 2 (Vice President Knox and Commissioner Haaland dissented) to uphold the variance on condition that the elevator be constructed so as not to exceed 5 decibels above the ambient noise level, with a report by an acoustical engineer, to be paid by the variance holder, and approved by Department of Building Inspection and Planning Department. Then, upon motion by Commissioner Garcia, the Board voted 5 – 0 to rescind the previous vote. And finally, upon motion by Commissioner Albright, the Board voted 5 – 0 to uphold the variance with the same conditions as previously stated.
SPEAKERS: Sondra Leqve, appellant; Larry Badiner, ZA; Laurence Kornfield, DBI; Brett Gladstone, attorney for variance holder.
PUBLIC COMMENT: Christoffer Lee and Carol Fazio spoke in favor of the appellant.
(8) APPEAL NO. V06-076
|
SONDRA LEQVE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
110 Alta Street.
Protesting the granting on May 2, 2006, to Peter Dwares, Modification of Existing Rear Yard Variance (add a bedroom at the rear of the middle unit in this three-unit residential building).
VARIANCE CASE NO. 2004.0681V.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 3 – 2 (Vice President Knox and Commissioner Haaland dissented) to uphold the variance.
SPEAKERS: Sondra Leqve, appellant; Larry Badiner, ZA; Brett Gladstone, attorney for variance holder.
PUBLIC COMMENT: Fiyin Chua spoke in favor of the appellant.
(9) APPEAL NO. 06-101
|
LAWRENCE NICHOLLS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
197 Moffitt Street.
Protesting the issuance on June 23, 2006, to Ken Eisen, Site Permit to Alter a Building (on single-family house: 2-story addition at rear; remodel kitchen and all bathrooms; new rear deck and stairs).
APPLICATION NO. 2003/02/26/8334S.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Fung, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Lawrence Nicholls, appellant; Kenneth Eisen, permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
There being no further business, President Fung adjourned the meeting at 9:40 pm.
--------------------------------------------------------------------------
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from official court reporter.
