To view graphic version of this page, refresh this page (F5)

Skip to page body

Meeting Information



2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 

 

BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, JULY 20, 2005

 

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

 

        

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

 

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:  Vice President Sabrina Saunders.

 

 

(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)  COMMISSIONERS COMMENTS & QUESTIONS:

 

SPEAKERS:  None.

 

 

(3)  ADDENDUM ITEMS: 

(3A)  ADOPTION OF FINDINGS:                                                

Subject property at 837-839 Hayes Street.  Appeal No(s). 05-028, Cousins vs. DBI, decided May 18, 2005.  At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the denial and grant the permit with findings to be adopted at a later date.  Project: correct the record to reflect two legal existing units; no work proposed.

 

ACTION:  Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to adopt the findings with amendments as read into the record by Jeremy Paul (agent for appellant).

 

SPEAKERS:  Jeremy Paul, agent for appellant.

 

 

 

(3B)  REHEARING REQUEST(S):                                                                  

Subject property at 498 Beach Street.  Letter from Ulysses Napuri, appellant(s), requesting rehearing of Appeal No(s). 03-154, Napuri vs. DPW BSM, decided June 8, 2005.  At that time, upon motion by President Sugaya, the Board voted 3-2 (Commissioners Fung and Knox dissented) to overrule the denial by the Dept. of Public Works, and grant the Sidewalk Display Merchandise Permit.  Four votes being required to overrule a departmental action under Charter  § 4.106, the denial of the subject permit was upheld.

 

ACTION:  Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to deny the request for rehearing.

 

SPEAKERS:  Maria Napuri, wife of appellant; John Kwong, DPW BSM; Jonas Ionin, Planning Department; Laurence Kornfield, DBI; Susan Holder, for appellant.

 

 

(3C)  REHEARING REQUEST(S):                                                                  

Subject property at 1740 Filbert Street.  Letter from Amy McDougall, appellant(s), requesting rehearing of Appeal No(s). 05-064/065, McDougall vs. DBI, PDD, decided June 8, 2005.  At that time, upon motion by Commissioner Saunders, the Board voted 5-0 to uphold the denial of both permits by the Planning Department.  Project, 1st permit: demolish a single-story building with 320sf of ground floor area, BPA No. 2004/12/02/0582.  Project, 2nd permit: construction of a        4-story single-family dwelling with 1,224sf of ground floor area, BPA No. 2004/12/02/0571S.

 

ACTION:  Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to Jan. 11, 2006 at the written request of the parties.

 

SPEAKERS:  None.

 

 

(3D)  REHEARING REQUEST(S):                                                                  

Subject property at 2650-2652 Hyde Street.  Letter from Stephen Williams, attorney for Ellen Tsang and Arza Trust, appellant(s), requesting rehearing of Appeal No(s). 04-182 & 05-057, Tsang vs. DBI, PDA and Arza Trust vs. DBI, PDA, decided June 8, 2005.  At that time, upon motion by Commissioner Fung, the Board voted 5-0 to uphold both permits.  Permit Holder(s): Douglas Greenwood and Craig Greenwood.  Project, 1st permit: on a two-unit building, rehabilitation of deck and staircase, BPA No. 2004/11/18/9555.  Project, 2nd permit: on two-unit building, raise existing guardrail at rear deck at 3rd floor to +36” above existing deck; confirm and replace any dry rot at deck boards in field and replace no more than 40%; legalize existing roof deck at 3rd floor; per NOV; BPA No. 2005/03/08/6970.

 

ACTION:  Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to deny both requests for rehearing.

 

 

SPEAKERS:  Jeremy Paul, agent for appellant.

 

 

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

Subject property at 1314-1316 – 7th Avenue.  Variance denied on December 9, 2004.  Last day to appeal was December 20, 2004.  Jurisdiction request received on March 3, 2005.  Letter from Jeremy Paul, agent for Stanley Anastasio, requestor(s), asking that the Board take jurisdiction over variance decision 2004.0408V.  Project: proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard.  Note: if this jurisdiction request is granted, then Appeal No(s). V04-199, filed on Dec. 21, 2005 and accepted in error one-day late by Board staff, may proceed to a hearing on the merits.  

 

ACTION:  Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to Sept. 14, 2005 at the written request of the parties.

 

SPEAKERS:  None.

 

 

(4)    APPEAL NO. V04-199

STANLEY ANASTASIO, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

1314-1316 – 7th Avenue.

Appealing the denial on December 9, 2004, of Rear Yard Variance (proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard).

VARIANCE CASE NO. 2004.0408V.

FOR HEARING TODAY IF JURISDICTION REQUEST ABOVE IS GRANTED.

 

ACTION:  Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to Sept. 14, 2005 at the written request of the parties.

 

SPEAKERS:  None.

 

 

 

 

ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:

 

(5A)  APPEAL NO. 03-057

RICHARD PETROCCHI, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

§ 14 Party: KENDALL GOH

111 Manchester Street.

Appealing the denial on April 14, 2003, of Permit to Demolish a Building (2-story single-family dwelling with 800sf of ground floor area).

APPLICATION NO. 2002/04/22/4580.

 

 

(5B)  APPEAL NO. 03-084

RICHARD PETROCCHI, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

§ 14 Party: KENDALL GOH

111 Manchester Street.

Appealing the denial on April 14, 2003, of Site Permit to Erect a Building (3-story single family dwelling with 800sf of ground floor area).

APPLICATION NO. 2002/04/22/4585S.

Note: Pursuant to Superior Court Case No(s). CPF-03-503646, Bernal Heights Preservation and Kendall Goh vs. City & County of San Francisco et al., the Board of Appeals is required to set aside its decision of June 11, 2003 granting the above permits.  Once the June 11, 2003 decision is set aside, the successor in interest to the project sponsor requests the Board to accept his withdrawal of the original appeals.

FOR FURTHER CONSIDERATION TODAY.

 

ACTION:  Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to set aside the June 11, 2003 decision granting both permits.  Afterwards, upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to accept the withdrawal of both appeals.

 

SPEAKERS:  None.

 

 

 

(6)   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.

PUBLIC HEARING HELD & CLOSED ON APRIL 13, 2005. FOR FURTHER CONSIDERATION TODAY.

 

ACTION:  Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to August 10, 2005.

 

SPEAKERS:  Chuang Lin, agent for appellant.

 

 

 

(7)  APPEAL NO. 05-083

VERIZON WIRELESS, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF STREET USE & MAPPING,

                                                      Respondent

No specific subject property.

Appealing the denial on April 25, 2005, of a Utility Conditions Permit. 

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to Sept. 7, 2005 at the written request of the parties.

 

SPEAKERS:  None.

 

 

 

(8)  APPEAL NO. 04-116

JOHN BRENNAN, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

1420 Haight Street.

Appealing a determination dated August 17, 2004, addressed to Matthew Brennan (Subject Property Owner Mehran Ismaili), that the notification and hearing for Conditional Use (CU) Motion No. 16593, which adds 2,300sf of retail space to the existing 3,300sf shoe store at the subject property, was properly performed, and thus it is not necessary to halt construction as authorized under CU Motion.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to August 24, 2005.

 

SPEAKERS:  Mark Brennan, attorney for appellant; David Levy, attorney for subject property owner.

 

 

 

(9)    APPEAL NO. V04-204

ELIZABETH FREITAS, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

1915 Diamond Street.

Appealing the denial on December 16, 2004, of Minimum Lot Area & Rear Yard Variances (proposal is to subdivide an existing through lot of approximately 4,322sf in area into two separate lots).

VARIANCE CASE NO. 2004.1108V.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to Sept. 14, 2005 at the written request of the parties.

 

SPEAKERS:  None.

 

 

 

(10)  APPEAL NO. 05-081

LAURENCE BERG,

SANDRA STRINGER, MAURISA THIGPEN,

& JOERG WESTERMANN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

2889 – 24th Street.

Protesting the issuance on April 22, 2005, to Mike Boschetto, Permit to Demolish a Building (single-story pool hall / restaurant with 3,233sf of ground floor area).

APPLICATION NO. 2003/03/25/0620.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to August 24, 2005.

 

SPEAKERS:  None.

 

 

 

ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:

(11A)  APPEAL NO. 05-088

GUY CARSON, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

744 Union Street #2.

Protesting the issuance on April 28, 2005, to W.B. Coyle / North Beach Partners LLC, Permit to Alter a Building (on 6-unit apartment building: remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).

APPLICATION NO. 2005/04/28/1105.

FOR HEARING TODAY.

 

(11B)  APPEAL NO. 05-089

GUY CARSON, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

744 Union Street #5.

Protesting the issuance on April 28, 2005, to W.B. Coyle / North Beach Partners LLC, Permit to Alter a Building (on 6-unit apartment building: remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).

APPLICATION NO. 2005/04/28/1102.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to July 27, 2005.

 

SPEAKERS:  Dean Preston, attorney for appellant; WB Coyle, permit holder; Laurence Kornfield, DBI.

 

 

 

(12)  APPEAL NO. 05-090

FRANK & LYNN EHRET, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2404 Broadway.

Protesting the issuance on May 2, 2005, to Dean Cash, Site Permit to Alter a Building (on single-family house: major renovation and façade alteration except the front façade; front façade to remain similar to original façade; fire sprinkler under separate permit).

APPLICATION NO. 2004/04/08/0804S.

FOR HEARING TODAY.

 

ACTION:  None.  Withdrawn by appellants.

 

SPEAKERS:  None.

 

 

ITEMS (13A) & (13B) SHALL BE HEARD TOGETHER:

(13A)  APPEAL NO. 05-084

NANCY DAVIS

& DONNA HITCHENS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

464 – 30th Street.

Protesting the issuance on April 26, 2005, to Janet McGee, Site Permit to Alter a Building (on single-family house: add 3rd floor; extend 1st, 2nd, and 3rd floors; add two bay windows at front).

APPLICATION NO. 2004/03/10/8295S.

FOR HEARING TODAY.

 

(13B)  APPEAL NO. 05-085

MARK & JOANNE MADSEN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

464 – 30th Street.

Protesting the issuance on April 26, 2005, to Janet McGee, Site Permit to Alter a Building (on single-family house: add 3rd floor; extend 1st, 2nd, and 3rd floors; add two bay windows at front).

APPLICATION NO. 2004/03/10/8295S.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to July 27, 2005.

 

SPEAKERS:  Scott Emblidge, attorney for appellants; Mark Madsen, co-appellant; John Sanger, attorney for permit holder.

 

 

 

There being no further business, President Sugaya adjourned the meeting at 7:04 p.m.

 

________________________________                         

Robert H. Feldman, Executive Secretary

 

Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.