2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 25, 2004
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Kathleen Harrington, Vice President Hisashi Sugaya, and Commissioner Arnold Chin.
ABSENT: Commissioner Douglas Shoemaker. and Commissioner Sabrina Saunders.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (DCA OCA); Julian Banales, Senior Planner, Planning Department (SP PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (CBI DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(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: Laurence Kornfield, CBI DBI, reported on DBI efforts to improve the enforcement procedures for requirements imposed on parties by the Board.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) REHEARING REQUEST:
Appeal No(s). 02-030; 50 – 8th Street; Foster Media vs. Zoning Administrator
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Letter from Christopher Moscone, agent for Foster Media, Appellant, requesting rehearing of Appeal No(s). 02-030, decided June 19, 2002. Upon motion by Vice President McInerney, the Board voted 2-3 (Commissioners Cullum, Saunders & El Qadah dissented) to uphold the subject determination. Four votes being necessary to overturn any departmental action under Charter § 4.106, the subject determination was upheld. Determination: that the subject Building Permit Application for a general advertising sign is disapproved because the subject property is visible from, and located within 200 feet of the Market Street Special Sign District.
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ACTION: Request withdrawn by the appellant/requestor.
SPEAKERS: None.
(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 239 Greenwich St;,Permit issued on Oct. 6, 2003
Last day to appeal was Oct. 21, 2003; Jurisdiction request received on Dec. 3, 2003
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Letter from John Cowen, asking that the Board take jurisdiction over Building Permit Application No(s). 2003/10/06/6615. Project: on single family house, stair way, 4’ wide, not more than 30” above grade, on deeded and recorded easement. Permit Holder(s): Terrance Forgette.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 3-0-2 (Commissioners Shoemaker & Saunders absent) to reschedule the request to March 24, 2004.
SPEAKERS: John Cowen, requestor, and Terrance Forgette, permit holder, responded to Board inquiries about available dates for rescheduling since the Board lacked a quorum and could not conduct hearings.
ITEMS (4A) & (4B) SHALL BE HEARD TOGETHER:
(4A) APPEAL NO. V03-205
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JOHN GLUGOSKI, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1120-1122 Vallejo Street.
Protesting the granting on Dec. 23, 2003, to Susan Lee, Jennifer Cherk & Jay Capela, Rear Yard Variance (on 2-family building: construction of an enclosed pavilion on the roof of the existing 3-story building and the enclosure of two areas at the rear of the building that are currently unenclosed).
VARIANCE CASE NO. 2003.0476DV.
FOR HEARING TODAY.
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(4B) APPEAL NO. V03-209
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CATHERINE FERREIRA
& ANN FERREIRA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1120-1122 Vallejo Street.
Protesting the granting on Dec. 23, 2003, to Susan Lee, Jennifer Cherk & Jay Capela, Rear Yard Variance (on 2-family building: construction of an enclosed pavilion on the roof of the existing 3-story building and the enclosure of two areas at the rear of the building that are currently unenclosed).
VARIANCE CASE NO. 2003.0476DV.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 3-0-2 (Commissioners Shoemaker & Saunders absent) to reschedule the appeals to March 24, 2004.
SPEAKERS: Chris Moscone, attorney for Catherine & Anne Ferreira, John Glugoski, appellant, and Jay Capela, co-variance holder, responded to Board inquiries about available dates for rescheduling since the Board lacked a quorum and could not conduct hearings.
(5) APPEAL NO. 03-154
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ULYSSES NAPURI
dba “LAST STOP SOUVENIR”, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING, Respondent
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498 Beach Street.
Appealing the denial on May 5, 2003, of a Sidewalk Display Merchandise Permit.
ORDER NO. 174,098.
JURISDICTION GRANTED SEPT. 17, 2003.
PUBLIC HEARING HELD & CLOSED ON DEC. 10, 2003.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 3-0-2 (Commissioners Shoemaker & Saunders absent) to reschedule the appeal to April 28, 2004 at the prior written request of the parties.
SPEAKERS: None.
(6) APPEAL NO. 03-117
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GEORGE HAMILTON HAUCK
& DUANE FRISBIE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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218 Union Street.
Protesting the issuance on July 15, 2003, to John Votruba, Permit to Alter a Building (on 3-story, 7-unit residential building: rebuild upper deck on roof – see NOV No(s). 200336693; new roof ladder).
APPLICATION NO. 2003/07/15/9492.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Chin, the Board voted 3-0-2 (Commissioners Shoemaker & Saunders absent) to reschedule the appeal to April 28, 2004.
SPEAKERS: Teresa Votruba, wife of permit holder, and George Hamilton Hauck, co-appellant, responded to Board inquiries about available dates for rescheduling since the Board lacked a quorum and could not conduct hearings.
(7) APPEAL NO. 03-134
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BEN HONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1223 & 1225 Capitol Avenue.
Protesting the issuance on August 18, 2003, to Michael Brown, Permit to Erect a Building (3-story, 2-unit building with 1,544sf of ground floor area).
APPLICATION NO. 2002/07/10/1032.
FOR HEARING TODAY.
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ACTION: Appeal withdrawn by the appellant prior to the meeting.
SPEAKERS: None.
ITEMS (8A), (8B) & (8C) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 03-147
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LEUNG TO CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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111 Lobos Street.
Appealing the denial on September 26, 2003, of Permit to Demolish a Building (two-story single family house with 1,316sf of ground floor area).
APPLICATION NO. 2002/07/15/1446.
FOR HEARING TODAY.
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(8B) APPEAL NO. 03-148
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LEUNG TO CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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111 Lobos Street (Building B).
Appealing the denial on September 26, 2003, of Site Permit to Erect a Building (three-story single family house with 1,602sf of ground floor area).
APPLICATION NO. 2002/07/15/1437S.
FOR HEARING TODAY.
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(8C) APPEAL NO. 03-149
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LEUNG TO CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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111 Lobos Street (Building A).
Appealing the denial on September 26, 2003, of Site Permit to Erect a Building (three-story single family house with 1,602sf of ground floor area).
APPLICATION NO. 2002/07/15/1442S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Chin, the Board voted 3-0-2 (Commissioners Shoemaker & Saunders absent) to reschedule the appeals to March 31, 2004 at the prior written request of the parties.
SPEAKERS: None.
There being no further business, President Harrington adjourned the meeting at 5:20 p.m.
Kathleen Harrington, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
