2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 10, 2003
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Arnold Chin, , Commissioner Douglas Shoemaker, Commissioner Hisashi Sugaya, and Commissioner Sabrina Saunders.
ABSENT: Vice President Kathleen Harrington.
Catharine Barnes, Deputy City Attorney (DCA); Jim Nixon, Acting Zoning Administrator (AZA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (CBI DBI); Naomi Little, Excetuive Director of the Taxi Commission (ED, TC); John Kwong for the Dept. of Public Works Bureau of Street Use & Mapping; Executive Secretary Robert Feldman, 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: Mark Gruberg explained the issues involved in Prop. N and the idea that medallion holders who cannot meet the driving requirements still have a pension and are not reuired to surrender their medallions for reissuance to the next applicant on the list, and he complained about a rehearing not being granted in the Welch matter.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS: None.
(4) APPEAL NO. 03-091
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LAURA FREY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1274 Plymouth Avenue.
Protesting the issuance on May 27, 2003, to Kenley Leung, Permit to Alter a Building (on single-family dwelling: add full bath on 2nd floor; replace existing rotten rear deck/stairs in kind; add 2 bedrooms, 2 bathrooms, family room and laundry at ground floor; no change to building envelope except windows).
APPLICATION NO. 2003/05/27/5566.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 4-0-1 (Vice President Harrington absent) to uphold the permit with various conditions as set forth in the record.
SPEAKERS: Laura Frey, appellant, objected to the proposal which to her appeared to create a house out of scale with the neighborhood, which could be used as a dormitory because of the number of bedrooms and bathrooms. She asked the Board to revise the plans. Jeremy Paul, agent for permit holder, explained the proposal, saying that there is no intention to use the house for anything other than a one-family house. Public comment for the appellant:: Danny Burkes said the Westwood Park HOA opposes the plan because it appears to create a multi-family building, and asked the Board to require the recordation of an NSR to insure one-family use. Anita Theoharis said she agreed with the position of the HOA and the appellant, and said that they had not received a copy of the revised plans to review, and that the Board should not make any decision until they had the revised plans. No public comment for the permit holder. Jim Nixon, AZA, said his staff approved the plans, and explained the regulations concerning double density for senior only housing with government subsidy, not applicable in this case of private development. He said the department can approve internal stairways, and that the recently adopted State law concerning second units has no applicability here. Laurence Kornfield, CBI, DBI, explained the consequences of requiring the moving of a wall, and said it is not practical here, nor is there room for two cars in tandem in the garage.
(5) APPEAL NO. 03-077
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MARK ONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: N/A (Mandatory DR)
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2545 Greenwich Street.
Appealing the denial on May 28, 2003, of Permit to Alter a Building (interior modification to combine 2 units into 1 unit, resulting in a 2-unit building; no additional space is created; no exterior changes).
APPLICATION NO. 2002/09/12/6333.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 4-0-1 (Vice President Harrington absent) to reschedule the appeal to Dec. 17, 2003 at the written request of the parties.
SPEAKERS: None.
(6) APPEAL NO. 03-052
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LANDO SIU, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on March 25, 2003, of taxicab medallion #1181.
RESOLUTION NO. 2003-12.
NOTE: At the original hearing of June 4, 2003, the Board voted to uphold the subject revocation. On September 17, 2003, the Board voted to grant the jurisdiction request seeking a second 10-day rehearing request period; the Board also voted that same day to grant the rehearing request.
FOR REHEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Harrington absent) to reschedule the appeal to Jan. 21, 2004 at the written request of the parties.
SPEAKERS: None.
(7) APPEAL NO. 03-044
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JOHN ARKEDER, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on March 19, 2003, of taxicab medallion No. 1167.
RESOLUTION NO. 2003-09.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 3-1-1 (President Chin dissented, Vice President Harrington absent) to reschedule the appeal to Jan. 28, 2004.
SPEAKERS: Dan Hinds, speaking for the appellant, asked the Board for a rescheduling to a night with a five-member Board.
(8) APPEAL NO. 03-068
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JAMES NEILLY, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on April 23, 2003, of medallion No. 897.
RESOLUTION NO. 2003-26.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 3-1-1 (President Chin dissented, Vice President Harrington absent) to reschedule the appeal to Jan. 28, 2004.
SPEAKERS: Dan Hinds, speaking for the appellant, asked the Board for a rescheduling to a night with a five-member Board.
(9) APPEAL NO. 03-154
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ULYSSES NAPURI
dba “LAST STOP SOUVENIR”, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING, Respondent
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498 Beach Street.
Appealing the denial on May 5, 2003, of a Sidewalk Display Merchandise Permit.
ORDER NO. 174,098.
JURISDICTION GRANTED SEPT. 17, 2003.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 4-0-1 (Vice President Harrington absent) to continue the appeal to Feb. 25, 2004 with the public hearing closed.
SPEAKERS: John Kwong, DPW BSM, explained the denial of the appellant’s application for sidewalk merchandise display, and urged the Board to uphold the denial. He explained the jurisdictional issues for the City and the Port Commission. Maria Napuri, wife of the appellant, described the present use of the property and how the sidewalk is used in compliance with DPW regulations. Ulysses Napuri, appellant, said he has conducted his business on the site for 8 years with no problems. He said businesses across the street do the same things and are not being cited. Laurence Kornfield, CBI, DBI, described the permit situation for the premises and said there is no permit for the building or this commercial use. Jim Nixon, AZA, explained the zoning regulations that apply to this property and said there was one complaint made to the department in September of last year, and that a letter was sent to the property owner. Public comment for the appellant: Susan Holder said she has been at Fisherman’s Wharf for the last 30 years, and that there has been no problem with the appellant’s business. No public comment for the respondent.
(10) APPEAL NO. V03-146
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JOHN ZERBE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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341 Arkansas Street.
Appealing the denial on September 19, 2003, of a Parking Variance (proposal is to add a second dwelling unit to the existing single-family house without providing the required additional parking space).
VARIANCE CASE NO. 2003.0116V.
FOR HEARING TODAY.
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ACTION: Upon motion by Presdient Chin, the Board voted 4-0-1 (Vice President Harrington absent) to reschedule the appeal to Jan. 28, 2004.
SPEAKERS: Jim Nixon, AZA, explained the denial and asked the Board to continue the hearing to give the appellant the opportunity to submit revised drawings which comply with his decision. John Zerbe, appellant, described the dimensions of the subject space and agreed to a continuance so that he can submit complying plans. He said that he will submit plans to the AZA by Dec. 23, 2003 for review at the meeting of Jan. 28, 2004.
ITEMS (11A), (11B) & (11C) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 03-147
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LEUNG TO CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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111 Lobos Street.
Appealing the denial on September 26, 2003, of Permit to Demolish a Building (two-story single family house with 1,316sf of ground floor area).
APPLICATION NO. 2002/07/15/1446.
FOR HEARING TODAY.
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(11B) APPEAL NO. 03-148
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LEUNG TO CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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111 Lobos Street (Building B).
Appealing the denial on September 26, 2003, of Site Permit to Erect a Building (three-story single family house with 1,602sf of ground floor area).
APPLICATION NO. 2002/07/15/1437S.
FOR HEARING TODAY.
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(11C) APPEAL NO. 03-149
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LEUNG TO CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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111 Lobos Street (Building A).
Appealing the denial on September 26, 2003, of Site Permit to Erect a Building (three-story single family house with 1,602sf of ground floor area).
APPLICATION NO. 2002/07/15/1442S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 3-0-2 (Vice President Harrington and Commissioner Saunders absent) to reschedule the appeal to Jan. 21, 2004 at the written request of the parties.
SPEAKERS: None.
(12) APPEAL NO. 03-150
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JESSIEKA DETRINIDAD, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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737 Pine Street.
Appealing a determination dated July 7, 2003, addressed to Niall MacCormack, that the proposed conversion of storage space to a dwelling unit in this 39-unit apartment building would constitute an intensification of a legal non-conforming use, which is prohibited under Planning Code § 181(a).
JURISDICTION GRANTED SEPT. 17, 2003.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Harrington absent) to continue the appeal to Jan. 28, 2004.
SPEAKERS: Jim Nixon, AZA, explained his determination and said the proposed unit would be a 40th unit and that 39 units are the maximum allowed in this non-conforming apartment house under zoning regulations. Jessieka deTrinidad, appellant, said that the building’s original use was a 41-unit apartment house, and that she as manager intends to occupy it once it’s approved. She said the space has all utilities already since it was a caretaker’s apartment until it was converted into storage space.
(13) APPEAL NO. 03-153
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MICHAEL McCREADY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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355 Country Club Drive.
Protesting the issuance on September 18, 2003, to Karen Wong, Site Permit to Alter a Building (on single-family house: 2nd floor addition).
APPLICATION NO. 2001/08/21/6532S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 1-3-1 (President Chin, Commissioners Shoemaker & Sugaya dissented, Vice President Harrington absent) to reschedule the appeal to a later date. 3 votes being required to reschedule any matter, the motion failed, and the hearing went forward. Afterwards, upon motion by Commisisoner Saunders, the Board voted 2-1-2 (Commissioner Sugaya dissented, President Chin abstained, and Vice President Harrington absent) to uphold the subject permit.
SPEAKERS: Michael McCready, appellant, asked the Board to recuse a Commissioner because of a conflict of interest. He asked the Board to change its position from the one they made on the appeal by the permit applicant of the Planning Commission’s reduction in square footage of the adiition and reduce it from the 1,100sf approved by the Board back to the 900sf approved by the Commission, and also said the revised plans do not comply with the Board’s decision. Catharine Barnes, DCA, explained the ffect of Prop. E which reorganized and toughened the ethics and conflicts regulations of the City. She said that in this matter there was no need to recuse any Commissioners since there had been full disclosure of a previous relationship between the Commissioner and the permit holder. Jeremy Paul, agent for permit holder, asked the Board to uphold the permit with the plans as revised to meet the Board’s earlier decision and that Planning’s action should be upheld. Public comment for appellant: Bruce Selby said he lives across the street from the subject residence and that the HOA supports the appellant, and that the permit holder began construction during the 15-day appeal period in violation of the Code. Adena Rosmarin said she objects to the changes made to the plans not authorized by the Board after the last hearing, which shows contempt by the permit holder for the process and the Board. She asked the Board to vacate its decision. Connie D’Aua said she is in agreement with the earlier speakers. Denis Driscoll explained the special nature of the subdivision and asked the Board to reduce the addition to 900sf. Susan Ngai said she likes the neighborhood and asked the Board to reduce the addition to 900sf. Public comment for permit hodler: Cedric Goo said he supports the addition at its current 1100sf.
There being no further business, President Chin adjourned the meeting at 8:45 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.
