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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 5, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Commissioner Katharine Albright, Commissioner Frank Fung, and Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Senior Planner, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Tom Owen, Deputy City Attorney for the Taxi Commission (TC); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
ABSENT: Commissioner Michael Garcia.
(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: None.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Taxi Medallion No. 207. Letter from Joseph Breall, appellant(s), requesting rehearing of Appeal No(s). 05-033, Breall vs. TC, decided May 18, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 3-2 (Vice President Saunders and Commissioner Fung dissented) to uphold the Taxi Commission’s revocation of the subject medallion.
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ACTION: Upon motion by President Sugaya, the Board voted 3-1-1 (Commissioner Fung dissented, Commissioner Garcia absent) to deny the rehearing request.
SPEAKERS: Joseph Breall, appellant; Tom Owen, attorney for TC.
(3b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 260 Kearny Street, 2nd Floor. Health Permit Zoning Referral issued by Zoning Administrator on July 20, 2005. Last day to appeal was August 4, 2005. Jurisdiction request received on August 24, 2005. Letter from Tony Fong, agent for Yue Zhen Ou, requestor(s), asking that the Board take jurisdiction over a Health Permit Zoning Referral which disapproves the proposed massage establishment use at the subject property.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to grant the jurisdiction request.
SPEAKERS: Edward Hung, attorney for appellant; Jonas Ionin, PD.
(3c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject Property at 640 London Street. Permit issued on July 14, 2005. Last day to appeal was July 29, 2005. Jurisdiction request received on August 31, 2005. Letter from Sieu Ta, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/07/14/7618 for the purpose of filing a penalty appeal.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Garcia absent) to grant the jurisdiction request.
SPEAKERS: Laurence Kornfield, DBI; Pamela O’Dell, agent for requestor; Sieu Ta, requestor.
(3d) REHEARING REQUEST:
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Subject property at 1301 – 18th Street. Letter from Marwon Halteh, agent for Elias Han Han, appellant, requesting rehearing of Appeal No(s). 05-091, Han Han dba “New Potrero Market vs. DPH”, decided July 27, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to overrule the Dept. of Public Health’s 45-day suspension, and instead impose a 10-day suspension.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Garcia absent) to reschedule the matter to Nov. 9, 2005 at the written request of the parties.
SPEAKERS: None.
(3e) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject Property at 900 Ulloa Street and 290 Lenox Way. Permit issued on Nov. 2, 2004. Last day to appeal was Nov. 17, 2004. Jurisdiction request received on Sept. 8, 2005. Letter from Florence Fung, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2004/03/10/8279S. PermitoldeHolder(s): City & County of San Francisco. Project: remodel of and addition to a 6,786sf public library (West Portal branch).
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ACTION: Upon motion by Commissioner Knox, the Board voted 3-0-2 (President Sugaya recused, Commissioner Garcia absent) to reschedule the matter to Nov. 9, 2005 at the written request of the parties.
SPEAKERS: None.
(3f) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject Property at 1294 Union Street. Permit issued on June 22, 2005. Last day to appeal was July 7, 2005. Jurisdiction request received on Sept. 15, 2005. Letter from Eddy & Anita Mamoun, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/06/22/5759. PermitoldeHolder(s): David Lichman & Margaret Mak. Project: on single-family house; horizontal addition; install new deck. Note: Appeal 05-158, Mamoun vs. DBI, PDA, filed on Sept. 15, 2005 against BPA No. 2005/09/12/2556 (revision to BPA No. 2005/06/22/5759), is currently scheduled for hearing on Nov. 9, 2005. If this request is granted, the new appeal will also be scheduled for Nov. 9, 2005.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Garcia absent) to continue the matter to Oct. 19, 2005, with a report from Planning staff on roof deck notification requirements.
SPEAKERS: Eddy Mamoun, co-requestor; Anita Mamoun, co-requestor; Michael Lichtman, co-permit holder; Laurence Kornfield, DBI; Jonas Ionin, PD.
(3g) ADOPTION OF FINDINGS:
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Subject Property at 575 – 25th Avenue. Appeal No. 05-112, Chan vs. DBI, PCD, decided September 14, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the subject permit with revised plans and the following condition(s): a) that the full bath at basement level be changed to a ½ bath; b) that the Japanese maple trees in the back yard be retained; c) that hours of construction be limited to 8am to 6pm, Monday through Friday; and d) that the 3 foot light well be expanded to 5 feet. § 14 Parties: Beth Lewis & Richard Lowden. Project: on single-family house; two-story horizontal addition to rear of existing building as per plan; one-story additional height to existing building as per plan; BPA No. 2003/08/26/3071S.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Garcia absent) to adopt the findings as amended.
SPEAKERS: Franklin Chan, appellant.
(3h) REHEARING REQUEST:
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Various locations. Letter from Jim Heard, attorney for Verizon Wireless, appellant(s), requesting rehearing of Appeal No. 05-083, Verizon Wireless vs. DPW BSM, decided Sept. 7, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the denial of the subject utility conditions permit.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to deny the rehearing request.
SPEAKERS: James Heard, attorney for appellant; William Sanders, attorney for DPW.
(3i) REHEARING REQUEST:
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Subject Property at 2615-2623 Pacific Avenue. Letter from David Silverman, attorney for Paul Chow, appellant(s), requesting rehearing of Appeal No. 05-122, Chow vs. DBI, PCD, decided August 24, 2005. At that time, upon motion by Commissioner Knox, the Board voted 2-2-1 (President Sugaya concurring, Commissioners Fung and Garcia dissenting, Commissioner Albright absent) to uphold the denial of the subject permit. Four votes being required to overturn a departmental action under Charter § 4.106, the denial of the permit by the Planning Commission was upheld. Project: convert existing 5-unit apartment building into a single-family house; remove existing rear stair and roof; add new stair, elevator and roof; re-arrange existing units, size and location; excavate existing basement; alter existing elevation; sprinklers under separate permit, B.P.A. No. 2003/06/22/7590.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Commissioner Garcia absent) to deny the rehearing request.
SPEAKERS: David Silverman, attorney for appellant; Jonas Ionin, PD; Greg Scott, Ian Berke, Judith Duffy, and Courtney Clarkson, for PC.
(4) APPEAL NO. 05-098
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VIACOM OUTDOOR, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2240 Lombard Street.
Appealing a determination dated May 24, 2005, addressed to Jacky Yan at Fortune America Inc. (New Subject Property Owners Simon Kwan et al.) concerning the legal status of the general advertising sign currently located on the west wall of the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Commissioner Garcia absent) to reschedule the matter to November 30, 2005 at the written request of the parties.
SPEAKERS: None.
ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 05-106
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COLLINS O’NEILL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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586 Lisbon Street.
Appealing the denial on June 16, 2005, of Permit to Demolish a Building (2-story single family house with 1200sf of ground floor area).
APPLICATION NO. 2002/06/12/8820.
FOR HEARING TODAY.
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(5B) APPEAL NO. 05-107
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COLLINS O’NEILL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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586 Lisbon Street.
Appealing the denial on June 16, 2005, of Site Permit to Erect a Building (3-story single family house with 1220sf of ground floor area).
APPLICATION NO. 2002/06/12/8815S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Garcia absent) to continue the matter to Nov. 2, 2005, with the public hearing closed, and with the appellant to resubmit revised plans pursuant to the Board’s comments, and pursuant to any further concerns of the Planning Department.
SPEAKERS: Jonas Ionin, PD; William Lin, agent for appellant; Collins O’Neill, appellant; Richard Lane, Steven Currier, and Matthew Householder, for PC.
(6) APPEAL NO. 05-108
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DEL-CAMP INVESTMENTS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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578-592 Jersey Street.
Appealing the revocation on November 16, 2004, of Building Permit Application No. 2004/01/27/4922. Reason(s) for revocation: the subject permit was issued in error since it was disapproved by the Planning Department because the proposed vinyl windows are inappropriate for the building.
JURISDICTION GRANTED JUNE 8, 2005.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 3-1-1 (Commissioner Fung dissented, Commissioner Garcia absent) to uphold the revocation.
SPEAKERS: Jonas Ionin, PD; William Abend, agent for appellant; Alex Koustas, agent for appellant; Laurence Kornfield, DBI; Gary Bell, for appellant.
(7) APPEAL NO. 05-119
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JOHN RITT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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333 Greenwich Street.
Appealing the denial on July 11, 2005, of Permit to Alter a Building (on 6-unit apartment building: merge units #3 and #4 into one unit; remove one kitchen in studio and convert kitchen to bedroom; convert one bedroom to dining room and other changes shown on drawings; no structural work; work includes partitions and finishes).
APPLICATION NO. 2005/03/01/6477S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to continue the matter to Nov. 9, 2005 so that Commissioner Garcia can participate in the final vote, and with the public hearing held and closed.
SPEAKERS: Jonas Ionin, PD; Jon Ritt, appellant; Lillian Ritt, mother of appellant; Gary Bell, agent for appellant.
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 05-143
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KEN SMALDONE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2011 – 9th Avenue.
Protesting the issuance on August 10, 2005, to Thomas Swingle, Site Permit to Alter a Building (on single-family house: remodel kitchen, bath, and playroom; add 3rd level with study, 2 bedrooms and 2 baths).
APPLICATION NO. 2003/07/31/0919S.
FOR HEARING TODAY.
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(8B) APPEAL NO. 05-144
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TOMOMI KATO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2011 – 9th Avenue.
Protesting the issuance on August 10, 2005, to Thomas Swingle, Site Permit to Alter a Building (on single-family house: remodel kitchen, bath, and playroom; add 3rd level with study, 2 bedrooms and 2 baths).
APPLICATION NO. 2003/07/31/0919S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold the permit.
SPEAKERS: Ken Smaldone, appellant; Mike Gevertz, attorney for permit holder; Toyoko Swingle, wife of permit holder; Thomas Swingle, permit holder; Elizabeth Tong, Cathy Kora, Russ Butler, Thomas Chan, and Lynn Sywolski, for appellants; Laurence Kornfield, DBI.
(9) APPEAL NO. 05-145
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DONALD WILSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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849 Sanchez Street.
Protesting the issuance on August 2, 2005, to Mark Miller, Site Permit to Alter a Building (on single-family house: addition at front of house; windows; remodel front of house; complete remodel of interior; remove illegal unit from use and combine with rest of house).
APPLICATION NO. 2004/07/23/9652S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold the permit.
SPEAKERS: Don Wilson, appellant; Mark Miller, permit holder; Steve Gray, agent for permit holder.
There being no further business, President Sugaya adjourned the meeting at 10:05 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, 415-506-0430.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – OCTOBER 5, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: None
(2) PUBLIC COMMENT: None.
(3a) PUBLIC COMMENT: None.
(3b) PUBLIC COMMENT: None.
(3c) PUBLIC COMMENT: None.
(3d) PUBLIC COMMENT: None.
(3e) PUBLIC COMMENT: None.
(3f) PUBLIC COMMENT: None.
(3g) PUBLIC COMMENT: None.
(3h) PUBLIC COMMENT: None.
(3i) PUBLIC COMMENT: Greg Scott opposed appeal because this NCU has not been abandoned and no new evidence would be presented at a rehearing.
Ian Berke said built as five flats and the owner gutted the building in order to mislead Planners. These units are very rare today and should have been preserved.
Judith Duffy said no new argument to justify a rehearing.
Courtney Clarkson questioned “Do we really need a 15,000 square foot house?”
(4) PUBLIC COMMENT: None.
(5a/b) PUBLIC COMMENT: Richard Lane said plans have not been given to concerned neighbors for review.
Steven Currier association president said no one on Lisbon in support of project. Architect didn’t give plans to neighbors nor erect story poles for this proposed monster home.
Matthew Householder said appellant fails to compromise and promises changes that are never made.
(6) PUBLIC COMMENT: Gary Bell described the permit process.
(7) PUBLIC COMMENT: None.
(8a/b) PUBLIC COMMENT: Elizabeth Tong said appellant Kato’s house will lose its privacy because of proposed roof deck.
Cathy Kora said appellant’s rooms will lose sunlight.
Russ Butter agreed that project will cost appellants’ houses light and privacy.
Thomas Chan said matching light well on top floor only and project will block most light. Needs matching light wells on all levels because there will be major impact on houses near by.
Lynn Sywolski said a second egress is needed as originally on plans but now reduced to one.
