2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 19, 2003
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
Present: President Arnold Y.K. Chin, Vice President Kathleen Harrington, Commissioner Douglas Shoemaker and Commissioner Hisashi Sugaya. Absent: Commissioner Sabrina Saunders.
Catharine Barnes, Deputy City Attorney for the City Attorney (DCA); Jonas Ionin, Planning Department; Laurence Kornfield, Chief Building Inspector, DBI; and Robert Feldman, Executive Secretary for the Board of Appeals; Official Count Reporter Claudine Woeber.
(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.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
ITEM A: 731-749 Commercial Street. Letter from Jason Bley, agent for the Committee for the Restoration of Chinatown, Appellant(s), requesting rehearing of Appeal No(s). 02-185, decided Jan. 22, 2003. At that time, upon motion by Vice President Harrington, the Board voted 5-0 to uphold the subject permit. Permit Holder(s): Charity Cultural Services Center. Project: revision to Building Permit Application No(s). 2001/10/31/2145, change in structural plans, architecture to stay the same.
ACTION: Upon motion by Commissioner Saunders, the Board voted 5-0 to deny the rehearing request.
SPEAKERS: Jason Bley requested that the Board grant him a rehearing on the grounds that a Commissioner has a conflict of interest and because Section 106 of the federal law encourages retention of architecturally significant buildings and the Board's pamphlet says it has jurisdiction to protect the City's neighborhoods. He said there are HAZMAT issues also that need to be addressed. David Cincotta, attorney for the Permit Holder, asked the Board to deny the request for rehearing for the reason that no new evidence is to be presented to justify one. He said that the concrete basement floor is to be removed but no other excavation is to be made. Jeff Nelder for the Permit Holder said that the two basements are to be combined so space can be opened up for more classroom space.
(4) CONSENT ITEMS (DBI PENALTY): With the consent of the Department 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.
(4A) APPEAL NO. 02-228
JESSE & AMADA SANTOS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[14 Gloria Court.
[Appeal for refund of penalty imposed on [November 25, 2002 for work done without a [permit (legalization of the 1st floor with existing [rooms and bath; remove existing illegal [kitchen).
[APPLICATION NO. 2002/08/27/5060.
[FOR HEARING TODAY.
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(5) APPEAL NO. 01-115
THERESA ISSERMAN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[700 Vermont Street.
[Protesting issuance on June 20, 2001, to [Raymond & Hazel Guaraglia, Permit to Alter a [Building (demolish existing non-compliant [residential units per Notice of Violation No. [200114983; remove all utilities to ground level; [convert to original commercial space with no [structural work to be done).
[APPLICATION NO. 2001/06/20/1935.
[PUBLIC TESTIMONY HEARD JUNE 19, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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(6) APPEAL NO. 02-171
PHONG T. NGUYEN
& TRIEU MUOI, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1671 - 40th Avenue.
[Protesting the issuance on August 26, 2002, to [Can Pei Zhang, Site Permit to Alter a Building [(horizontal rear addition on single-family [house).
[APPLICATION NO. 2001/11/28/4069S.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 5-0 to continue the appeal to March 5, 2003 with the public hearing closed.
SPEAKERS: Phong Nguyen, Appellant, said the project will block sunlight and the addition is too big and allows too many bedrooms and not enough off-street parking spaces. It will be a monster house with 1,300 square feet of additional floor area. Ahmad Larizadeh, agent for the Permit Holder, said that the permit has been held up for two years and there was no DR request after the Section 311 notification to the neighbors but now there is this appeal to hold it up; causing a hardship to the Permit Holder. He explained the plans to the Board. Jonas Ionin for the Planning Department described the pattern of development in the rear yards in the neighborhood using a Sanborn Map, and said the project is consistent with the Residential Design Guidelines with the mid-block Open Space preserved.
No public comment for either side.
Trieu Moui, co-Appellant, said she had met with Planner but didn't know about the DR process or they would have requested a DR hearing.
(7) APPEAL NO. 02-201
JAMES VIEGAS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[91 San Felipe Ave.
[Protesting the issuance on October 2, 2002, to [Mark Sears & Russell Schrader, Permit to Alter [a Building (on single-family house: additional [information as requested by District Building [Inspector regarding the planters from Building [Permit Application No(s). 2001/12/19/5627; [show as built planter wall (under rear deck and [stair case), correct garage roof deck, finished [floor elevation).
[APPLICATION NO. 2002/10/02/7981.
[FOR HEARING TODAY.
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(8) APPEAL NO. 02-229
LONNY ISRAEL, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[84 Eagle Street.
[Protesting the issuance on November 13, 2002, [to John Houston, Site Permit to Alter a Building [(alteration of existing single-family house [(addition) as per plans shown).
[APPLICATION NO. 2002/05/09/6214S.
[FOR HEARING TODAY.
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ACTION: Appeal withdrawn by the appellant.
(9) APPEAL NO. 02-231
JOSEPH NG, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[2535-2539 Taraval Street.
[Appealing the revocation on November 18, [2002, of a Permit to Alter a Building (establish [legality of ground floor rear apartment in a [3-story residential/commercial building).
[APPLICATION NO. 2001/10/01/9634.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to overrule the revocation, and reinstate the subject permit.
SPEAKERS: Laurence Kornfield, CBI, DBI, said that the Department had reviewed the case and found that the revocation isn't necessary and that the Board could rectify the matter by overruling and granting the permit for legalization of the four-unit building. Mark Topetcher, architect for the Appellant explained the reason for the appeal and thanked Board for its consideration.
No public comment for either side.
ITEMS (10A), (10B) & (10C) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 02-233
CHARLES R. THOMAS JR.
& CARLO TARONE, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[412 Lombard Street.
[Protesting the issuance on November 27, 2002, [to Mahmoud Khosoussi, Site Permit to Alter a [Building (existing one-story single-family house [over garage - convert to three story over [garage).
[APPLICATION NO. 2000/03/03/3468S.
[FOR HEARING TODAY.
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(10B) APPEAL NO. 02-234
GREG GIACHINO, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[412 Lombard Street.
[Protesting the issuance on November 27, 2002, [to Mahmoud Khosoussi, Site Permit to Alter a
[Building (existing one-story single-family house [over garage - convert to three story over [garage).
[APPLICATION NO. 2000/03/03/3468S.
[FOR HEARING TODAY.
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(10C) APPEAL NO. 02-235
BARBARA FONG, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[412 Lombard Street.
[Protesting the issuance on November 27, 2002, [to Mahmoud Khosoussi, Site Permit to Alter a
[Building (existing one-story single-family house [over garage - convert to three story over [garage).
[APPLICATION NO. 2000/03/03/3468S.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to uphold the subject permit with the following condition(s): a) that white reflective paint be used in the light wells; b) that the window to wall ratio on the façade be reduced; c) that the Declaration of Use Limitation be amended to note that Ms. Fong's property is the beneficiary; and d) that the plans comply with the March 2001 variance and the Discretionary Review (DR) conditions, with a report from the Zoning Administrator on March 19, 2003 concerning the compliance issues.
SPEAKERS: Chuck Thomas, appellant, explained the appeals and said there are many errors in the plans and that the Commission's conditions of approval have not been incorporated in the revised plans and he is not satisfied with the lightwell that has been provided. Greg Giachino, appellant, said that the project is not in character with the neighborhood and is not suitable for Telegraph Hill. He thinks the existing house may be an historic cottage built in 1907.
Marilyn Fong, speaking for Appellant Barbara Fong, said they were ignored during the process. She suggested that certain conditions be imposed by the Board on any approval of the permit and that all errors in the plans be corrected and the Notice of the Restrictions be amended to make clear it is her property that is meant to be the beneficiary of the conditions regarding the windows.
David Silverman, attorney for the Permit Holder, said the application was filed in 1999 and the project has been reduced in scope several times as it went through the variance and DR processes. He said the Telegraph Hill Dwellers are not opposing the project and its height is down to 37 feet with a small setback at the rear, and the lightwell added to benefit Appellant Thomas. He played a video of four witnesses at the Commission DR in support of the project: Marsha Garland, John Sanger, Jeffrey Jones and Scott Bocolattto.
Public Comment for Appellants: Mark Levine said he reviewed the plans and that he thought the plans are stylistically inappropriate for the area and out of character. Eric Green said he lives on same side of street as Sanger and the project doesn't affect him, but it is out of scale with the neighborhood. Chloe Wanen said the project doesn't fit in with the area. Ahmad Mohazab, architect, explained the plans and responded to Board questions.
Jonas Ionin for Planning said the Department finds that the plans are in compliance with the Commission's required revisions and do comply with the Code. He said the Department wouldn't have approved the plans for issuance if it didn't determine the plans are in full compliance.
There being no further business, President Chin adjourned the meeting at 8:19 p.m.
______________________________ _________________________________
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.
