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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MARCH 9, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: Acting President Hisashi Sugaya, Acting Vice President Sabrina Saunders, and Commissioner Frank Fung.
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.
ABSENT: Commissioner Randall Knox.
(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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PUBLIC COMMENT: None.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
PUBLIC COMMENT: None.
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 368-370 Dolores Street. Permit issued on December 3, 2004. Last day to appeal was December 20, 2004. Jurisdiction request received on February 17, 2005. Letter from Karen Hull, attorney for Graciela Garcia et al., requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/11/19/9985. Permit Holder(s): Ugo Sap. Project: on 2-unit building, comply with NOV No. 199816131, revert back to 2-family dwelling from 10 illegally converted guest rooms, and rebuild egress stair at rear.
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ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-0-1 (Commissioner Knox absent) to reschedule the meeting to March 30, 2005 at the request of the parties.
SPEAKERS: None.
(3B) REHEARING REQUEST:
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Subject property at 454 – 17th Avenue. Letter from Esther Lau, appellant(s), requesting rehearing of Appeal No(s). 04-147 & 04-174, decided Feb. 16, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0 to uphold both permits on condition that the permit holder acoustically treat the bathrooms for appropriate sound isolation as required for new condominiums under the Building Code. Project: 1st permit, on single-family house, master bath addition; bathroom renovation on 3rd floor to comply with NOV No. 200453961. Project: 2nd permit, on single-family house, dry rot framing and siding repair, refer to Building Permit Application No. 2004/10/01/5795 and NOV No. 200455119. Permit Holder(s): Curt Sigfstead & Lara Witter.
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ACTION: Upon motion by Acting Vice President Saunders, the Board voted 2-1-1 (Commissioner Fung dissented & Commissioner Knox absent) to reschedule the hearing to April 6, 2005.
SPEAKERS: Esther Lau, appellant/requestor; Alice Barkley, attorney for permit holder.
(3C) REHEARING REQUEST:
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Subject property at 1244-1268 Sutter Street. Letter from Lawrence Badiner, Zoning Administrator, requesting rehearing of Appeal No(s). 04-132, Joseph vs. ZA, decided Feb. 2, 2005. At that time, upon motion by Commissioner Fung, the Board voted 3-1 (Acting President Sugaya dissented) to overrule the subject determination with a finding that the current use of the subject property is not office use, and instead resembles an arts activity under the Planning Code.
ZA determination: that the proposed office expansion at 1268 Sutter Street requires a Planning Code § 321 application for office space and a Conditional Use (CU) application for change of use above the ground story. Appellant(s): Alison Joseph. Note: Public hearing on this rehearing request was held on March 2, 2005.
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ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Commissioner Knox absent) to grant the Request for Rehearing, and to set the rehearing for March 30, 2005.
SPEAKERS: Jeremy Paul, agent for appellant; Jonas Ionin, PD.
(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. 05-011
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PACIFIC HEIGHTS TOWERS
CONDOMINIUM ASSOCIATION, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2200 Sacramento Street.
Appeal for refund of penalty imposed on January 21, 2005 for work done without a permit (on 65-unit condominium building: installation of new cogeneration system/generator).
APPLICATION NO. 2004/11/12/9024.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-0-1 (Commissioner Knox absent) to reduce the penalty to 5 times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; David Hill, agent for appellant.
(4B) APPEAL NO. 05-013
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MARCIA POPE & JEFF RUBIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2815 Pine Street.
Appeal for refund of penalty imposed on Jan. 12, 2005 for work done without a permit (on single-family house: remove illegal unit on ground floor per NOV no. 199602226; add bathroom at 3rd floor; remodel kitchen at 2nd floor; remodel bathroom and laundry at 2nd floor).
APPLICATION NO. 2005/01/07/2786.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting President Sugaya, the Board voted 3-0-1 (Commissioner Knox absent) to reschedule the hearing to April 20, 2005 at the request of the parties.
SPEAKERS: Laurence Kornfield, DBI.
(4C) APPEAL NO. 05-014
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MARY DUNN BENNETT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1516 La Playa.
Appeal for refund of penalty imposed on Jan. 25, 2005 for work done without a permit (on single-family house: remove illegal kitchen at garage level; cap all utilities at source; convert to storage space; legalize existing bath at garage level).
APPLICATION NO. 2005/01/11/2999.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Commissioner Knox absent) to reduce the penalty to 2 times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Mary Dunn-Bennett, appellant.
(4D) APPEAL NO. 05-015
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JAMES QUILTY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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68 Divisadero Street.
Appeal for refund of penalty imposed on Jan. 26, 2005 for work done without a permit (on 3-unit residential building: comply with NOV no. 199815272 to restore use to 3 dwelling units).
APPLICATION NO. 2005/01/07/2789.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Commissioner Knox absent) to reduce the penalty to 2 times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Henry Karnilowicz, agent for appellant.
ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 04-188
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PETER OVERMIRE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subj. Prop. Owner(s): ROBERT MAHONEY
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22 Alta Street.
Protesting a determination dated November 29, 2004, addressed to Alice Barkley at Luce Forward LLP, that since the Certificate of Appropriateness pursuant to Planning Commission Motion No. 16086 is predicated on a specific permit (Building Permit Application No. 9710066S), and since this permit is still valid, then the Certificate of Appropriateness is still valid.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting President Sugaya, the Board voted 3-0-1 (Commissioner Knox absent) to reschedule the hearing to April 13, 2005 at the request of the parties.
SPEAKERS: Alice Barkley, attorney for permit holder.
(5B) APPEAL NO. 05-007
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PETER OVERMIRE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
Subj. Prop. Owner(s): ROBERT MAHONEY
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22 Alta Street.
Protesting a letter dated November 2, 2004, addressed to Alice Barkley, written by the Acting Director of the Dept. of Building Inspection (DBI), which states that the expiration of Building Permit Application No(s). 9710066S was unwarranted and that the subject permit is reinstated.
JURISDICTION GRANTED JAN. 12, 2005.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting President Sugaya, the Board voted 3-0-1 (Commissioner Knox absent) to reschedule the hearing to April 13, 2005 at the request of the parties.
SPEAKERS: None.
(6) APPEAL NO. 04-189
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JENNIFER MANIAR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2430 Pacific Avenue.
Protesting the issuance on November 22, 2004, to P.M. Kahn, Site Permit to Alter a Building (on single-family house: new garden stair).
APPLICATION NO. 2003/01/24/5818S.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-0-1 (Commissioner Knox absent) to uphold the subject permit, on condition that the trees be planted as required by earlier building permits.
SPEAKERS: Jennifer Maniar, appellant; Bruce Bonacher, architect for permit holder; Jonas Ionin, PD; Laurence Kornfield, DBI.
(7) APPEAL NO. 04-190
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DAMIEN GREY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1433 Haight Street.
Protesting the issuance on December 1, 2004, to Kenneth Epstein, Permit to Alter a Building (on an apartment building: corrections related to NOV No. 200452370; remove rear southwest deck installed without permit).
APPLICATION NO. 2004/12/01/0488.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting President Sugaya, the Board voted 2-1-1 (Acting Vice President Saunders dissented, Commissioner Knox absent) to uphold the subject permit; without a unanimous vote, the matter was rescheduled to April 20, 2005 per the advice of Catharine Barnes, OCA.
SPEAKERS: Damien Grey, appellant; Jeffrey Livingston, attorney for permit holder; Catherine Barnes, Deputy City Attorney, OCA.
(8) 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 Commissioner Fung, the Board voted 3-0-1 (Commissioner Knox absent) to reschedule the hearing to May 4, 2005 at the request of the parties.
SPEAKERS: None.
(9) APPEAL NO. 04-192
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JOANNE & DENIS DRISCOLL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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111 Country Club Drive.
Protesting the issuance on December 2, 2004, to Joe & Maria Bonkowski, Site Permit to Alter a Building (on single-family house: demolish existing 1st floor roof; add a 600sf 2nd floor addition over part of existing 1st floor; addition will include 2 bedrooms and 1 bathroom).
APPLICATION NO. 2003/08/08/1594S.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting Vice President Saunders, the Board voted 2-1-1 (Acting President Sugaya dissented, Commissioner Knox absent) to uphold the subject permit; without a unanimous vote, the matter was rescheduled to April 13, 2005 per the advice of Catharine Barnes, OCA.
SPEAKERS: Joanne Driscoll, co-appellant; Therese Peffer, architect for permit holder; Joe Bonkowski, co-permit holder; Denis Driscoll, co-appellant; Maria Borje-Bonkowski, co-permit holder; Jonas Ionin, PD.
(10) APPEAL NO. V04-193
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CAROL & DENNIS HAMBY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1400 – 1402 Cole Street.
Protesting the granting on December 6, 2004, to Edward Morris (Subject Property Owners Adel Mohammed Shalabi & Laura Fiene), Rear Yard, Usable Open Space & Non-complying Structure Variances (proposal is to construct a 3rd floor addition containing a dwelling unit on a 2-story mixed-use (single-family residential over ground floor commercial) building.
VARIANCE CASE NO. 2003.0639V.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-0-1 (Commissioner Knox absent) to reschedule the hearing to April 13, 2005.
SPEAKERS: Alice Barkley, attorney for appellant; Toby Morris, attorney for variance holder.
(11) APPEAL NO. 04-207
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MARK WELCH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3016 Pine Street.
Protesting the issuance on December 14, 2004, to Ray Steffen, Site Permit to Alter a Building (on single-family house: horizontal and vertical addition; add decks, enlarge kitchen, add bedrooms and bathrooms).
APPLICATION NO. 2004/01/29/5170S.
FOR HEARING TODAY.
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ACTION: Upon motion by Acting Vice President Saunders, the Board voted 3-0-1 (Commissioner Knox absent) to uphold the permit.
SPEAKERS: Mark Welch, appellant; Ray Steffen, permit holder; Eric Steffan, brother of permit holder; Jonas Ionin, PD.
There being no further business, Acting President Sugaya adjourned the meeting at 7:36 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
