2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 1, 2003
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Arnold Chin, Vice President Kathleen Harrington, Commissioner Douglas Shoemaker, Commissioner Hisashi Sugaya, and Commissioner Sabrina Saunders.
Catharine Barnes, Deputy City Attorney (DCA); Jim Nixon, Acting Zoning Administrator (AZA); Leo McFadden, Senior Building Inspector, Dept. of Building Inspection (SBI DBI); Tony Wolcott, Acting Urban Forester, DPW Bureau of Urban Forestry (AUF, DPW BUF); 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: None.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 762 Colby Street; Permit was issued on April 30, 2003
Last day to appeal was May 15, 2003; Jur. request received on August 6, 2003
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Letter from Lindy Ng, Requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/04/30/3516. Project: remove illegal kitchen at ground floor and a spiral stair between 1st and 2nd floors; complaint #200008712. Permit Holder(s): Bailey Yang.
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ACTION: Upon motion by Vice President Harrington, the Board voted 5-0 to deny the jurisdiction request.
SPEAKERS: Frederik Emilson, attorney for permit holder, said the issues are in Superior Court, and that the requestor is trying to stall the process. His client is removing an illegal kitchen from the basement of a one-family house, and asks to be allowed to finish the job. The requestor did not appear. Sean Keighran, agent for permit holder, said the requestor was given several extensions of the eviction notice, and he asked the Board to deny the request to file a late appeal.
(3B) REHEARING REQUEST:
740 Church Street; Appeal No(s). 03-090; Chicotel vs. DPW BUF
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Letter from Jeremy Paul, agent for Richard Chicotel, appellant(s), requesting rehearing of Appeal No(s). 03-090, decided August 27, 2003. At that time, upon motion by Vice President Harrington, the Board voted 3-1-1 (Commissioner Shoemaker dissented, President Chin absent) to uphold the decision of the Bureau of Urban Forestry except for the portion denying the removal and replacement of the eucalyptus tree. Four votes being required under Charter §4.106 to overturn or modify a departmental action, the motion failed, and the entire decision was upheld without any modifications.
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ACTION: Upon motion by President Chin, the Board voted 4-1 (Commissioner Sugaya dissented) to grant the rehearing request, and set the rehearing for Oct. 8, 2003.
SPEAKERS: Jeremy Paul, agent for appellant, asked the Board to grant a rehearing so that the neighbors can testify at the hearing.
(4) APPEAL NO. 03-107
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KIFAYAT YUSUF, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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473 Leland Avenue.
Appealing the denial on July 10, 2003, of Permit to Demolish a Building (one-story single-family dwelling with 885sf of ground floor area).
APPLICATION NO. 2002/01/30/8121.
PUBLIC HEARING HELD SEPT. 24, 2003.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Vice President Harrington, the Board voted 4-1 (Commissioner Sugaya dissented) to overrule the Planning Commission, and grant the permit with findings read into the record by various Board members.
SPEAKERS: Jim Nixon, AZA, explained the Planning Commission’s denial of the demolition permit, and the process of review, and the staff report. Bill Walters, agent for appellant, described the size of the rooms in the house, and said this is the fourth such project in the area, and that the project will be in harmony with the neighborhood. He said the existing rooms are too small for the family’s needs, that present Code standards are tougher than those that were in effect when the house was built, and that rehabilitating it would be difficult. Marianne Darbison, agent for appellant, reiterated her testimony from the first hearing, and said the configuration of the existing house, even if renovated, would not serve the family’s needs. No public comment.
ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 03-096
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EVELYN WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1331 Green Street.
Protesting the issuance on June 3, 2003, to Stephen Goldstine, Permit to Erect a Building (one-story single-family dwelling with 523sf of ground floor area).
APPLICATION NO. 2001/03/30/5663.
FOR HEARING TODAY.
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(5B) APPEAL NO. 03-097
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TAMI TWAROG
& ELIZABETH WRIGHT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1331 Green Street.
Protesting the issuance on June 3, 2003, to Stephen Goldstine, Permit to Erect a Building (one-story single-family dwelling with 523sf of ground floor area).
APPLICATION NO. 2001/03/30/5663.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to reschedule the appeal to Nov. 12, 2003.
SPEAKERS: Leo McFadden, SBI DBI, gave a report on the status of the permit process for the correction of violations on the existing house at the rear of the property. He said the error to be rectified was made by the DBI, and is minor. Claudine Cheng, attorney for appellant Wong, asked the Board to continue both appeals to Nov. 12, 2003, a date she and the permit holder’s attorney agreed to. David Cincotta, attorney for permit holder, said that the permit for correction of the record will be issued soon, and that the appellants will have an opportunity to appeal it as well, and that he agrees to a continuance to Nov. 12, 2003. Elizabeth Wright, co-appellant, said she feels blindsided by the continuance request, and that she thinks the case should be continued indefinitely until the matter of violations is cleared up since the Codes do not allow the approval of a permit for a project on property with outstanding violations. Tami Twarog, co-appellant, said the approval of any new permits are contingent on earlier variances and permits, and that the earlier conditions of approval of the earlier ones have not been met. Jim Nixon, AZA, said that the correction permit will be approved, and noticed to the neighbors, who can appeal it to the Board upon issuance.
There being no further business President Chin adjourned the meeting at 6:28 pm.
____________________________ __________________________________
Arnold Y. K. Chin, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
