June 13, 2012
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 13, 2012
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Chris Hwang, Vice President Frank Fung, Commissioner Rich Hillis and Commissioner Arcelia Hurtado.
Tom Owen, Deputy City Attorney, Office of the City Attorney (OCA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Dan Sider, Assistant Zoning Administrator (ZA); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
(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) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the May 30, 2012 minutes. |
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ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Commissioner Hurtado absent) to adopt the May 30, 2012 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (4A) & (4B) SHALL BE HEARD TOGETHER:
(4A) APPEAL NO. 12-025
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JUNEL SOLBACH, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1285 - 45th Avenue. Protesting the issuance on February 14, 2012, to Peter Fealy Living Trust, Electrical Permit (ground floor: cap off electrical at range). APPLICATION NO. 2012/02/14/783. PUBLIC HEARING HELD ON APRIL 18, 2012. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for DBI to conduct a life/safety inspection. |
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(4B) APPEAL NO. 12-026
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JUNEL SOLBACH, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1285 - 45th Avenue. Protesting the issuance on February 14, 2012, to Peter Fealy Living Trust, Plumbing Permit (cap off bar sink, shower, toilet, sink). APPLICATION NO. 2012/02/14/447. SEE NOTE IN ITEM 5A. |
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ACTION: Upon motion by Vice President Fung, the Board voted 3-0-1 (Commissioner Hurtado absent) to grant the appeal and issue the permit on the condition that the construction be completed within three month of when the appellant vacates the unit and on the basis the permit will allow the permit holder to abate the pending violations.
SPEAKERS: Joseph Duffy, DBI; Eunice Chang, attorney for appellant; Stephen McDonald, attorney for permit holder.
PUBLIC COMMENT: None.
(5) APPEAL NO. 12-027
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INGE DHILLON, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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21 Rosemont Place. Protesting the issuance on February 15, 2012, to Jonathon Withrington, Permit to Alter a Building (clear complaint #2011755835 remove illegal unit in garage, convert area to workshop with ½ bath). APPLICATION NO. 2012/02/13/4029. PUBLIC HEARING HELD ON APRIL 18, 2012. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for DBI to conduct a life/safety inspection and finish its permit research. |
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ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Commissioner Hurtado absent) to reschedule the matter to August 1, 2012 at the request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 12-050
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TONY BADER, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1382-1384-1386 McAllister Street. Appealing the imposition of penalty on April 10, 2012, for construction work done without a permit. APPLICATION NO. 2012/04/10/8023. FOR HEARING TODAY. |
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ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Commissioner Hurtado absent) to grant the appeal and reduce the penalty to two-times the permit fee based on the agreement of the parties.
SPEAKERS: Joseph Duffy, DBI; Tony Bader, appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 12-051
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DAVID KWOK, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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316 Moraga Street. Protesting the issuance on April 05, 2012, to Jason Bermak, Permit to Alter a Building (removal of guiderail; trim back as built condition to original architectural as built; compliance with NOV No. 2012948 including railing and firewall). APPLICATION NO. 2012/03/26/6853. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to grant the appeal and issue the permit with the following conditions: (1) the depth of the structure be no more than 2’ 6” from the rear building wall; (2) any railing be open to the maximum extent possible under the applicable Codes; (3) either there be no railing or that a privacy wall of either lattice or solid material be constructed at the permit holder’s discretion; and (4) the phrase “Not for Occupancy” be indicated on the approved plans.
SPEAKERS: David Kwok, appellant; Ellen Kwok, agent for appellant; Jason Bermak, permit holder; Dan Sider, ZA; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 12-052
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GEORGIA DE ANDA, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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42 Miramar Avenue. Protesting the issuance on April 09, 2012, to Yun Ling Lee, Permit to Demolish a Building (one-story, single-family dwelling with 1,000sf of ground floor area). APPLICATION NO. 2005/05/16/2509. FOR HEARING TODAY. |
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(8B) APPEAL NO. 12-053
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GEORGIA DE ANDA, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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42 Miramar Avenue. Protesting the issuance on April 09, 2012, to Yun Ling Lee, Permit to Erect a Building (three-story, single-family dwelling with 1,500sf of ground floor area). APPLICATION NO. 2005/05/16/2506S. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Hillis, the Board voted 3-1 (President Hwang dissented) to deny the appeals on the basis that the project is Code compliant.
SPEAKERS: Georgia De Anda, appellant; Kelton Finney, agent for permit holder; Dan Sider, ZA; Joseph Duffy, DBI.
PUBLIC COMMENT: Ken Duncan, Stewart Hata, Ching Lu Stone, Jason Stone, Josie Lee and Suzanne Dumont spoke in support of the appellant.
(9) APPEAL NO. 12-055
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MARY MAXON, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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99 Marietta Drive. Protesting the issuance on April 13, 2012, to Lisa Burrell, Permit to Alter a Building (add two cantilevered decks to rear of house). APPLICATION NO. 2012/04/11/8094. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to grant the appeal and issue the permit on the condition that (1) the corner of the deck adjacent to the appellant’s property is chamfered; (2) a wing wall of up to 6’ in height is added to the corner of the building adjacent to the appellant’s property, with the bottom of the wall aligned with the appellant’s window sill; and (3) the deck on the opposite side of the property from the appellant is expanded to create a symmetrical look; with all conditions to be as reflected on the plans submitted at the hearing and the plans reflected in Exhibit C to the permit holder’s brief. This motion is based on the agreement of the parties.
SPEAKERS: Wayne Canterbury, attorney for appellant; Mary Maxon, appellant; Peter Zepponi, agent for permit holder; Dan Sider, ZA.
PUBLIC COMMENT: None.
(10) APPEAL NO. 12-063
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NATHANIEL McFADDEN, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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3139-3141 Gough Street. Protesting the issuance on May 08, 2012, to Shadi Aboukhater, Permit to Alter a Building (vertical addition of new full third floor and partial fourth floor; rear addition beside existing sunroom). APPLICATION NO. 2010/12/02/6003S. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Hillis, the Board voted 4-0 to grant the appeal and issue the permit on the condition that (1) the windows on the 2nd and 3rd floor in the lightwell adjacent to the appellant be frosted; and (2) the length of the deck railing on the 4th floor facing the appellant’s lightwell be constructed with a 42” solid railing and with lattice at least 6’ high; on the basis that the Board seeks to provide additional privacy to the appellant.
SPEAKERS: Janet Myers, agent for appellant; Nathaniel McFadden, appellant; Shadi Aboukhater, permit holder; Geoff Gibson, agent for permit holder; Dan Sider, ZA.
PUBLIC COMMENT: Brian Davis spoke in support of the permit holder.
ADJOURNMENT.
There being no further business, President Hwang adjourned the meeting at 10:10 p.m.
