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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, JUNE 13, 2007

 

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

PRESENT: President Randall Knox, Vice President Michael Garcia, Commissioner Frank Fung, Commissioner Katharine Albright, and Commissioner Robert Haaland.

 

Catharine Barnes, Deputy City Attorney, office of the City Attorney(OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection(DBI); Tina Tam, Senior Planner, Planning Department(PD); Carla Short, Department of Public Works/Bureau of Urban Forestry(DPW/BUF); Robert Feldman, Executive Secretary, Victor Pacheco, Legal Assistant; and Manuel Payes, Clerk Typist; Virginia O’ Rear, 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)    COMMMISSIONERS COMMENTS & QUESTIONS: 

 

SPEAKERS: None.

 

(3)    ADDENDUM ITEMS: 

 

(3a)  ADOPTION OF FINDINGS:                                                 

Subject property at 2251 Chestnut Street.  Appeal No. 07-031, Jace Architecture vs.          DPW BUF, decided May 16, 2007.  At that time, upon motion by Commissioner Albright, the Board voted 5-0 to overrule the denial, and grant the tree removal permit on condition a) that the permit holder plant three (3) trees of a twenty-four (24) inch box size on Chestnut Street, b) that the permit holder pay for maintenance of these trees for six (6) months, and c) that the permit holder ensure regular maintenance of these trees for three (3) years, with findings to be adopted at a later date. 

 

ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to adopt the findings as amended by the Office of the City Attorney (OCA).

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

(3b)  REHEARING REQUEST:                                                    

Subject property at 1598 McAllister Street.  Letter from Wayne Jones, agent for Suheil Salfiti, appellant, requesting rehearing of Appeal 07-019, Salfiti vs. DPW BUF, decided on May 16, 2007. At that time, upon motion by President Knox, the Board voted 4-1 (Commissioner Fung dissented) to uphold the denial of the subject permit (remove and replace one (1) tree); Order No. 176, 673.

 

ACTION: Upon motion by Commissioner Albright, the Board voted 5 – 0 to grant the rehearing request and to set the rehearing for 07/11/07.

 

SPEAKERS: Walker Jones, Agent for Appellant; Carla Short, DPW/BUF.

 

PUBLIC COMMENT: None.

 

(3c)  REHEARING REQUEST:                                                    

Subject property at 180 Corwin Street.  Letter from Eric Hansen, agent for Roger Tellis, appellant, requesting rehearing of Appeal V06-177, Tellis vs. ZA, decided on May 16, 2007. At that time, upon motion by President Knox, the Board voted 3-2 (Vice President Garcia & Commissioner Albright dissented) to uphold the denial of the subject variance.  Project: proposal is to allow 5 off-street parking spaces where 6 are required for a 6-unit residential building; Variance Case No.  2006.0878V.

 

ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to grant the rehearing request and to set the rehearing for 7/11/07.

 

SPEAKERS: Roger Tellis, Appellant; Tina Tam, PD.

 

PUBLIC COMMENT: None.

 

(3d)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                        

Subject property at 2576-2580 Washington Street.  Permit issued on April 23, 2007.  Last day to appeal was May 8, 2007.  Jurisdiction request received May 14, 2007.  Letter from David Ruth, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/04/05/8119.  Permit Holder: Jean Seto.  Project: on 12-unit apartment building, units 4, 5,   & 6 in building 2576; sections of wall and ceiling to be opened for electrical upgrade; plumbing work as needed; replace light fixtures; repair lath and plaster.  Note:  Appeal 07-066, same subject property and same permit, was filed on May 7, 2007 by another tenant,         Giuliana Rende; this appeal is scheduled for hearing on August 1, 2007.  Public hearing held & closed on June 6, 2007.  For further consideration today.  Matter continued to allow time for parties to reach a settlement.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to reschedule the matter to 6/20/07, at the prior written request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT:  None.

 

(4)  APPEAL NO. 07-009

CITY LIGHTS PARTNERSHIP, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

2130 Leavenworth Street #9.

Appealing a Notice of Violation dated  January 17, 2007, addressed to                Tom Zimmerman and City Lights Partnership c/o Shirley Ann Walker, that the subject property is being operated in a manner consistent with that of a hotel, in violation of Planning Code § 209.2(d).

PUBLIC HEARING HELD & CLOSED ON MARCH 21, 2007.  FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for parties to negotiate the sound transmission issue.

 

ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 to continue the matter to 9/12/07.

 

SPEAKERS: Andrew August, Attorney for Appellant; Edward Hartley, Attorney for neighbor.

 

PUBLIC COMMENT: None.

 

Angela Boydston described her problem with the noise and urged the Board to uphold the ZA’s decision.

 

(5)  APPEAL NO. 07-044

GOGNA PROPERTIES, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

640 Turk Street.

Appealing the denial on March 30, 2007, of Permit to Remove and Replace Three (3) Trees.

ORDER NO. 176,489.

FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 5 – 0 to uphold the denial.

 

SPEAKERS: Carla Short, DPW/BUF; Daniel Piccinini, Attorney for Appellant.

 

PUBLIC COMMENT: None.

 

(6)  APPEAL NO. 07-046

THOMAS KOLONUSZ-PARTEE, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

95 Ora Way F301.

Appealing the imposition of penalty on      April 13, 2007, for work done without a permit (on 30-unit condominium building: comply with NOV No. 200685933; legalize existing stairs).

APPLICATION NO. 2007/04/13/8739.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Knox, the Board voted 5 - 0 to reduce the penalty to two times the regular fee.

 

SPEAKERS: None (DBI consented to reduction).

 

PUBLIC COMMENT: None.

 

(7)  APPEAL NO. 07-041

STEVE WILLIAMS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

 

1 Belgrave Avenue.

Protesting the issuance on March 20, 2007, to Andrew Gross, Site Permit to Alter a Building (on single-family house: one bedroom, one bath horizontal addition to lower level; horizontal addition to upper level living/dining area; master bath and closet remodel; laundry room remodel; interior stair remodel).

APPLICATION NO. 2005/07/07/7059S.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 1(Commissioner Haaland dissented) to uphold the permit.

 

SPEAKERS: Stephen Williams, Appellant; Paul Rotter, Agent for Appellant; Richard Carrington, Attorney for Permit Holder; Lindy Small, Agent for Permit Holder; Tina Tam, PD; Laurence Kornfield, DBI.

 

PUBLIC COMMENT: Denise Lapins spoke in favor of the appellant.

 

(8)  APPEAL NO. 07-042

JOSEPH CAMHI, ROBERT TRACY,

& CARRIE HOLDER, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

Subject Property Owner: LEO PORTAL

 

3816 – 21st Street.

Appealing a determination dated March 26, 2007, addressed to Elva Harding at Zacks Utrecht & Leadbetter LLP, regarding whether the neighborhood notification for the project at the subject property complies with the procedures outlined in Planning Code § 311.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Haaland, the Board voted 5 – 0 50 uphold the ZA Letter of Determination.

 

SPEAKERS: Tina Tam, PD; Elva Harding, Attorney for Appellants; Leo Portal, Subject Property Owner.

PUBLIC COMMENT: None.

 

(9)  APPEAL NO. 07-045

GRETCHEN RISKIND, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

127-129 – 27th Street.

Appealing the denial on April 13, 2007, of Permit to Alter a Building (on two-unit building: create dormer for unit 127 to provide required headroom at stairs to 2nd level; comply with 3R-4231 for condominium conversion).

APPLICATION NO. 2007/01/18/1967.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 5 – 0 to overrule the denial and to grant the permit with a finding that the attic space is non-habitable and with the following conditions: a) that dormer and structural work be eliminated from permit scope; b) that a lockable door be constructed at the top of the stairs that lead to the attic space; and c) that all future plans and documents indicate that this attic space is non-habitable.

 

SPEAKERS: Laurence Kornfield, DBI; Henry Karnilowicz, Agent for Appellant.

 

PUBLIC COMMENT: Bob Noelke said conditions in the house were typical of older houses from his experience as a housing inspector.

 

 

ADJOURNMENT.

 

 

There being no further business, President Knox adjourned the meeting at 8:55 p.m.

 

 

 

Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter.