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 27, 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); Lawrence Badiner, Zoning Administrator (ZA); 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.

 

 

(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)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                                                   

Subject property at 901 Bush Street.  Permit issued on June 3, 2005. Last day to appeal was June 20, 2005.  Jurisdiction request received July 6, 2005.  Letter from Daisy MacArthur & Charles Rathbone, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/06/03/4112.  Permit Holder(s): Lantana Ltd.  Project: correct City records to establish use as 38 dwelling units.

 

ACTION:  Upon motion by Commissioner Fung, the Board voted 3-0 to recuse President Sugaya.  Afterwards, upon motion by Commissioner Knox, the Board voted 3-0-2 (President Sugaya recused, Vice President Saunders absent) to reschedule the matter to August 10, 2005 due to lack of quorum.

 

SPEAKERS:  None.

 

 

(4)  APPEAL NO. 04-112

PATRICK STOREY, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

674 – 5th Avenue.

Protesting the issuance on August 9, 2004, to Lan Wong, Permit to Alter a Building (on single-family house: new emergency walkway (new deck) at the rear of the cottage on top of existing roof deck; comply with NOV No(s). 200449859; separate permit required for Nov No(s). 200451719; no work on front building).

APPLICATION NO. 2004/06/02/5354.

PUBLIC HEARING HELD ON 11/17/2004.

FOR FURTHER CONSIDERATION TODAY.

Note: On Nov. 17, 2004, the Board voted 4-0-1 (SS absent) to reschedule this case to Call of Chair so the permit holder can meet with DBI to resolve the other code violations on the subject property. 

 

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

 

SPEAKERS:  Laurence Kornfield, DBI; Patrick Storey, appellant.

 

 

(5)    APPEAL NO. 05-066

MOLI STEINERT, Appellant(s)

                        vs.

 

DEPARTMENT OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

 

148 Bocana Street.

Appealing the denial on April 2, 2005, of Permit to Remove & Replace One (1) Tree.

ORDER NO. 175,251.

PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005.  FOR FURTHER CONSIDERATION TODAY.

 

ACTION:  Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to overrule denial and grant the permit on condition that the replacement tree be a 48 inch box, and be of a species suitable to DPW BUF.

 

SPEAKERS:  Carla Short, DPW BUF; Moli Steinert, appellant.

 

 

(6)         CONSENT ITEMS (DBI PENALTY): 

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.

 

(6A)    APPEAL NO. 05-095

MICHAEL BRAUN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION,

                                             Respondent

 

 

 

239 Grant Avenue.

Appeal for refund of penalty imposed on    June 1, 2005, for work done without a permit (2 ADA bathrooms; remove and reinstall fixtures on 6 other bathrooms; water heater; new water system in building; relocate existing waste).

PLUMBING PERMIT NO. P466500.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reduce the penalty to 2 times the regular fee.

 

SPEAKERS:  Laurence Kornfield, DBI.

 

 

(7)  APPEAL NO. 04-191

NEXTMEDIA GROUP INC., Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

Subj. Prop. Owner(s): REALTIME

                                    PROPERTIES LLC

 

 

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.

 

ACTION:  Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to Sept. 21, 2005 at the written request of the parties.

 

SPEAKERS:  None.

 

 

 

(8)    APPEAL NO. 04-203

KEN PAGE

& VINCENT LEGER, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

21 Buena Vista East Avenue.

Appealing a Permit Suspension Request dated December 14, 2004, addressed to Dept. of Building Inspection Acting Director Jim Hutchinson, requesting that all building permits at the subject property be suspended.  Reasons for suspension: the Planning Dept. believes the owners have pursued a “serial permitting” strategy to effectively convert the home in question from 14 guest rooms and one dwelling unit into a single-family dwelling without proper public notification and in contradiction of the Planning Commission’s actions.

APPLICATION NOS. 2004/02/27/7379, 2004/02/27/7382, 2004/06/28/7501             & 2004/06/28/7503.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, 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.

 

 

 

(9)    APPEAL NO. 04-206

VIACOM OUTDOOR, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

1111 Pennsylvania Avenue.

Appealing a Notice of Violation dated December 13, 2004, addressed to Tripe A Machine Shop Inc. & Viacom Outdoor, that the general advertising sign on the subject property is taller than 25 feet, that the face of the sign is larger than 1,344sf, and that the sign faces the freeway; these conditions do not comply with approved sign application no. 2000/09/22/1332, and violate Planning Code § 607.

FOR HEARING TODAY.

 

ACTION:  None.  Withdrawn by appellant.

 

SPEAKERS:  None.

 

 

 

(10)  APPEAL NO. 05-082

TIBOR VOZAR, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

643 Greenwich Street.

Protesting the issuance on April 21, 2005, to Kara Parsons, Site Permit to Alter a Building (on single-family house: add two stories on top of existing two-story building).

APPLICATION NO. 2002/11/27/2429S.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to August 10, 2005 with letter notices to be mailed out, and with the appellant to send a representative to the hearing.

 

SPEAKERS:  Brett Gladstone, attorney for permit holder; appellant did not appear.

 

 

 

(11)  APPEAL NO. 05-091

ELIAS HAN HAN

dba “NEW POTRERO MARKET”, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

 

1301 – 18th Street.

Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on May 11, 2005.  Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. 03-05-238.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to overrule DPH and instead impose a 10-day suspension.

 

SPEAKERS:  Andrew Jin, DPH; Marwan Halteh, agent for appellant.

 

 

 

(12)  APPEAL NO. 05-092

ROLF KAISER, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

758 Haight Street.

Appealing a determination dated May 18, 2005, addressed to Vincent Labiano Abello, concerning the replacement of an existing legal, non-complying parking screen at the subject property.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to continue the matter to August 10, 2005, with the public hearing closed, so that the Planning Dept. can research the front setbacks of the adjacent properties. 

 

SPEAKERS:  Lawrence Badiner, Zoning Administrator; Rolf Kaiser, appellant; Vincent Labiano Abello, agent for appellant.

 

 

 

(13)  APPEAL NO. 05-094

ILYA KLEBANER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

571 Los Palmos.

Protesting the issuance on May 13, 2005, to Joyce Hendrickson & Walter Murphy, Permit to Alter a Building (on single-family house: deck at ground floor level at rear of house; paving at patio; wood deck for spa).

APPLICATION NO. 2005/05/13/2319.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to uphold the permit. 

 

SPEAKERS:  Ilya Klebaner, appellant; Michael Kurtzman, agent for permit holders.

 

 

 

(14)  APPEAL NO. 05-097

MARION WEIGERT, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

472 Clipper Street.

Protesting the issuance on May 20, 2005, to Cinthia Wen, Permit to Alter a Building (on two-unit residential building: revision to B.P.A. No. 2005/04/14/0051 to include installation of a new interior stair within an existing two level dwelling unit resulting in the legalization of an existing lower level; no additional dwellings proposed).

APPLICATION NO. 2005/05/20/3040.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to uphold the permit. 

 

SPEAKERS:  Dennis Hyde, attorney for appellant; Marion Weigert, appellant; Jeffrey Livingston, attorney for permit holder. 

 

 

 

(15)  APPEAL NO. 05-098

VIACOM OUTDOOR, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

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.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the matter to Oct. 5, 2005 at the written request of the parties.

 

SPEAKERS:  None.

 

 

 

 

ITEMS (16A) & (16B) SHALL BE HEARD TOGETHER:

(16A)  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.

 

(16B)  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:  None. Both appeals withdrawn by appellant.

 

SPEAKERS:  None.

 

 

 

ITEMS (17A) & (17B) SHALL BE HEARD TOGETHER:

(17A)  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.

 

(17B)  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 Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to continue the matter to August 10, 2005, with the public hearing closed, and with the permit holder to submit revised plans pursuant to the Board’s comments.

 

SPEAKERS:  G. Scott Emblidge, attorney for appellants Davis and Hitchens; Mark Madsen,       co-appellant; John Sanger, attorney for permit holder; James Heron, architect for permit holder; Bill Snyder, for appellants; Tony Tamburello, for appellants; Peter Berg, for appellants; Joanne Madsen, co-appellant; Lawrence Badiner, ZA.

 

 

 

There being no further business, President Sugaya adjourned the meeting at 9:15 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.