2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 19, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Kathleen Harrington, Vice President Hisashi Sugaya, Commissioner Arnold Chin, Commissioner Sabrina Saunders, and Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (DCA OCA); Jonas Ionin, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (SBI DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(1) ANNUAL ELECTION OF PRESIDENT & VICE PRESIDENT:
ACTION: Rescheduled to January 26, 2005.
(2) PUBLIC COMMENT:
SPEAKERS: None.
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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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(3) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(4) ADDENDUM ITEMS: None.
(5) APPEAL NO. V04-135
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STEPHAN SMITH & ALEX AGBAY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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23 Eureka Street.
Protesting the granting on September 24, 2004, to Holger Menendez (Subject Property Owners Nancy & Patrick Hamill), Rear Yard Variance (proposal is to raise by 5’-6” the rear building that encroaches into the required rear yard to create habitable area at the ground floor).
VARIANCE CASE NO. 2004.0070V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to February 2, 2005 & for case to be first on the agenda.
SPEAKERS: Jak Marquez, attorney for appellants; Nancy Hamill, variance holder.
(6) APPEAL NO. 04-152
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WYATT DAVID KAELIN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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460 Noe Street.
Protesting the issuance on October 9, 2004, to Gerald & Joanna Piazza, Permit to Remove & Replace Two (2) Trees.
ORDER NO. 175,002.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the permit.
SPEAKERS: Wyatt Kaelin, appellant; Tony Wolcott, DPW BUF; permit holder did not appear.
(7) APPEAL NO. 04-035
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CRYSTAL LEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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337 – 28th Avenue.
Appealing the suspension on April 23, 2004, of Building Permit Application No(s). 2003/04/15/2287, 2003/07/15/9528, & 2003/05/27/5515. Reason(s) for suspension: the scope of work and building information described on the building permit applications and approved plans does not reflect the actual condition and legal use of the building.
PUBLIC HEARING HELD AUG. 18, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to January 26, 2005 at the request of the parties.
SPEAKERS: None.
(8) APPEAL NO. 04-132
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ALISON JOSEPH, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1244 – 1268 Sutter Street.
Appealing a determination dated September 17, 2004, addressed to Alison Joseph, 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.
PUBLIC HEARING HELD & CLOSED ON DEC. 15, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Saunders absent) to continue the hearing to January 26, 2005.
SPEAKERS: Jeremy Paul, agent for appellant.
(9) APPEAL NO. 04-119
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YIM HO & CHEUNG KAM LEUNG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: CLEMENT CHEUNG
& PING WONG
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331 Girard Street.
Appealing the denial on September 3, 2004, of Permit to Alter a Building (on single-family house: repair fire damage; interior alteration; add one story plus rear addition; and one more unit).
APPLICATION NO. 2003/12/01/1345S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to February 2, 2005.
SPEAKERS: Jay Drake, attorney for appellants; Clement Cheung, Section 14 party.
(10) APPEAL NO. 04-120
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1776 SACRAMENTO STREET
HOMEOWNER’S ASSOCIATION, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subj. Prop. Owner(s): AMERICAN BUDDHIST
CULTURAL SOCIETY
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1750 Van Ness Avenue.
Appealing a determination dated August 30, 2004, addressed to Stephen Williams, that because Planning Code § 243(c)(8)(D) references use limits prescribed under § 243(c)(8)(A), and since § 243(c)(8)(A) specifically identifies “non-residential uses” to which the use limitation would be applicable, a use is considered nonconforming only when the ratio of specified residential uses to the specified non-residential uses is not met; and that those uses not specifically listed under “non-residential uses” and which do not meet the prescribed ratio would not be considered nonconforming uses provided they are permitted by the underlying zoning controls of the Van Ness Special Use District.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to February 2, 2005.
SPEAKERS: Alice Barkley, attorney for subject property owner.
ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 04-147
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ESTHER LAU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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454 – 17th Avenue.
Protesting the issuance on October 1, 2004, to Curt Sigfstead & Lara Witter, Permit to Alter a Building (on single-family house: master bath addition; bathroom renovation on 3rd floor to comply with NOV No. 200453961).
APPLICATION NO. 2004/10/01/5795.
FOR HEARING TODAY.
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(11B) APPEAL NO. 04-174
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ESTHER LAU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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454 – 17th Avenue.
Protesting the issuance on November 12, 2004, to Curt Sigfstead & Lara Witter, Permit to Alter a Building (on single-family house: dry rot framing and siding repair, refer to Building Permit Application No. 2004/10/01/5795 and NOV No. 200455119).
APPLICATION NO. 2004/11/12/9044.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to January 26, 2005 at the request of the parties.
SPEAKERS: None.
ITEMS (12A), (12B) & (12C) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 04-146
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ANN FITZPATRICK, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3620 – 19th Street.
Protesting a determination dated September 29, 2004, addressed to James Reuben at Reuben & Junius LLP, that the project (39-unit residential Planned Unit Development with 52 off-street parking spaces), as revised in 2004, and as presented to the Planning Commission on Sept. 9, 2004, is in substantial compliance with the plans dated June 18, 2001, which were reviewed and considered by the Board of Supervisors on June 25, 2001 (File 011224), and that a two-year extension for implementation of the project is warranted.
FOR HEARING TODAY.
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(12B) APPEAL NO. 04-148
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EILEEN GOLD
& SAANDRA NAZZAL, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3620 – 19th Street.
Protesting a determination dated September 29, 2004, addressed to James Reuben at Reuben & Junius LLP, that the project (39-unit residential Planned Unit Development with 52 off-street parking spaces), as revised in 2004, and as presented to the Planning Commission on Sept. 9, 2004, is in substantial compliance with the plans dated June 18, 2001, which were reviewed and considered by the Board of Supervisors on June 25, 2001 (File 011224), and that a two-year extension for implementation of the project is warranted.
FOR HEARING TODAY.
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(12C) APPEAL NO. 04-149
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EARL BROWN
& CORDELIA BROWN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3620 – 19th Street.
Protesting a determination dated September 29, 2004, addressed to James Reuben at Reuben & Junius LLP, that the project (39-unit residential Planned Unit Development with 52 off-street parking spaces), as revised in 2004, and as presented to the Planning Commission on Sept. 9, 2004, is in substantial compliance with the plans dated June 18, 2001, which were reviewed and considered by the Board of Supervisors on June 25, 2001 (File 011224), and that a two-year extension for implementation of the project is warranted.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 2-2-1 (Commissioner Knox & Vice President Sugaya dissented, Commissioner Saunders absent) to uphold the determination with a finding that the ZA abused his discetion when he determined that the westside interior units’ west facing 2nd floor (bedroom) windows were in compliance with the plans approved by the Board of Supervisors on 6/25/01. Four votes being required to modify a departmental action under Charter Sec. 4.106, the motion failed, and the subject determination was upheld with no findings.
SPEAKERS: Jonas Ionin, PD; Ann Fitzpatrick, appellant; Eileen Gold, appellant; Sandra Nazzal, appellant; Earl Brown, appellant; Jim Reuben, attorney for determination holder; Leo McFadden, DBI.
PUBLIC COMMENT: (For Appellants) Kay Holmes opposes project because issues have been misrepresented, and the revised plans do not conform to conditions imposed by Commission and Supervisors and a building that was supposed to be reduced in size has been enlarged via revised plans. Bill Summers said 21 apartments that abut will lose fire egress. Karen Hones said the project will cause a change in life of neighbors and loss of light to their properties. Virgina Prior said fire safety issue is important, and that fire trucks won’t be able to get to the center of the property. Dan Gundlach said the current owner claims the project has community support but hasn’t got it all. (For Determination Holder) Jan Neufeld is in total support of project because the lot has been exposed for years and revised plans make the project better.
(13) APPEAL NO. 04-151
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VAN NESS TOWERS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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724-730 Van Ness Ave. / 640-660 Turk St.
Appealing a determination dated October 6, 2004, addressed to Charles Marsteller, that a new conditional use (CU) application and variance application are required to modify this previously approved project (two-tower development containing 141 dwelling units with ground floor retail spaces, and a garage containing 51 automobile parking spaces, 40 bicycle spaces and 2 service vehicle loading spaces).
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to March 30, 2005 at the request of the parties.
SPEAKERS: None.
TEMS (14A) & (14B) SHALL BE HEARD TOGETHER:
(14A) APPEAL NO. 04-153
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MIKE GARZA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1320 Wallace Street.
Appealing a Notice of Violation dated October 1, 2004, addressed to Mike Garza & Victoria Thompson, that the subject property is being used as a junkyard in violation of the Planning Code since a junkyard is not a permitted use in the M-1 (light industrial) zoning district.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 3-1-1 (President Harrington dissented, Commissioner Saunders absent) to uphold the subject notice of violation.
SPEAKERS: Jonas Ionin, PD; Michela Auchter, OCA; Leo McFadden, DBI; Mike Garza, appellant.
(14B) APPEAL NO. 04-167
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MIKE GARZA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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1320 Wallace Street.
Appealing a Notice of Violation dated October 13, 2004, addressed to Mike Garza, that Building Permit Application No(s). 294836-1 to erect a one-story block wall and wood frame building expired in 1965; that a change in use from storage to auto salvage has occurred without a permit; that perimeter walls have been constructed out of CMU block wall, wood, and cyclone fencing to a height of 10-12 feet without permits or inspections; that walls lack lateral support and are leaning unsafely at the south, north and east property lines; that an opening in the wall is cracked; and that the building and property is unsafe.
FOR HEARING TODAY.
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ACTION: Dismissed for lack of subject matter jurisdiction, and appellant shall have his filing fee refunded.
(15) APPEAL NO. 04-172
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PATRICIA & PHILIP KWAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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110 Castanada Avenue.
Protesting the issuance on November 10, 2004, to Michael Conley, Permit to Alter a Building (on single-family house: removal of concrete stairs on side of house; extension of wood staircase to platform at side door; addition of legal retaining wall with fence on top to comply with NOV).
APPLICATION NO. 2004/11/10/8969.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the permit.
LIST OF PARTIES: Patricia Kwan, appellant; Michael Conley, permit holder; Jonis Ionin, PD.
ITEMS (16A) & (16B) SHALL BE HEARD TOGETHER:
(16A) APPEAL NO. 04-177
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WILBERT WONG, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner(s): CHRIS FOLEY
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1234-1268 Grant Avenue.
Protesting a determination dated November 8, 2004, addressed to Alice Barkley, that condition of approval no. 6 of Planning Commission Motion No. 10962, which limits the conditional restaurant use at the subject property to operation by Bruno Orsi and Lorenzo Petroni, is null and void; and that the conditional restaurant use has not been abandoned since the restaurant closure in Jan. 2001, and has in essence continued to be actively marketed as a restaurant.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 2-2-1 (President Harrington and Commissioner Fung dissented, Commissioner Saunders absent) to reschedule the hearing to January 26, 2005. 3 votes being required to reschedule a matter, the motion failed. Afterwards, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule to the matter to the Call of the Chair.
(16B) APPEAL NO. 04-183
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WILBERT WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1234-1268 Grant Avenue.
Protesting the issuance on November 23, 2004, to Chris Foley, Permit to Alter a Building (non-load bearing partitions on 1st and 2nd floors).
APPLICATION NO. 2004/11/23/9923.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the permit on condition that the Notice of Special Restrictions (NSR) as presented by both parties at the hearing be recorded on the land records.
LIST OF PARITES: Rebecca Bedwell-Coll, attorney for appellant; Alice Barley, attorney for subject property owner/permit holder.
There being no further business, President Harrington adjourned the meeting at 8:24 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.
