2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 26, 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: Sabrina Saunders.
Catharine Barnes, Deputy City Attorney for the City Attorney (DCA); Lawrence Badiner, Zoning Administrator, Planning Department; Leo McFadden, Senior Building Inspector, DBI;
(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: None.
(4) SPECIAL ITEMS:
ITEM A: Proposed departmental budget for fiscal year 2003-2004. For public hearing, consideration & adoption. Includes proposed changes in appeal filing fees. Copies of proposals are available at Board office, front counter (1660 Mission Street, #3036, SF, CA 94103).
ACTION: Upon motion by President Chin, the Board voted 5-0 to adopt the proposed budget, with no deletion of the court reporter, and with the proposed surcharge to apply to all departments whose permits are under Board's jurisdiction, and with the rehearing request fee to increase to $200.
Public comment on Proposed Budget for FT 2003-2004.
SPEAKER: Lawrence Badiner, ZA, explained the DR process and attendant fees.
(5) APPEAL NO. V00-048
ALLAN & LORRAINE THOMPSON,
Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[50 Magnolia/1755 Chestnut Streets.
[Denial on March 22, 2000, of Rear Yard Variance [to relocate one dwelling unit from the 1755 [Chestnut Street building to the existing rear [carriage house at 50 Magnolia Street by renovating [and adding a floor and roof deck to the existing [building, setting back the new floor 15 feet from [Magnolia Street; the proposal also includes two [2'x7' extensions into the light wells of the existing [1755 Chestnut Street building; the total number of [dwelling units will remain six units.
[VARIANCE CASE NO. 99.164V.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to overrule the denial of the subject variance with the following condition(s): a) that the 4th floor be reduced to stairs, elevator, bathroom and 2 storage closets with an additional 6 feet to the south, resulting in a footprint of 20 feet by 20 feet; b) that the Magnolia Street façade be redesigned with elimination of the bay windows, and with reduction in the amount of windows by at least 20% in order to reduce the void to solid ratio; c) that a fire escape be allowed if required by the Building Code; d) and with adoption of findings as submitted by the appellants' agent.
SPEAKERS: Lawrence Badiner, ZA, reported that the Appellant tried to meet with the tenant and that a potential eviction was the only issue for Planning and he explained his view on the five findings that must be met before a variance may be granted and he also explained the Commission's merger policy. Susan Michael, architect for the appellants explained that the seven-foot extensions are no longer part of the project and that the proposal is in keeping with the existing density of the block. She said she will eliminate the bays if the Board wants her to.
Public Comment for the ZA: Michael Weiner said he lives next door to the site. He said he opposes the project because it would add too much floor area to a building already larger than others near it and it would overwhelm his property.
Public Comment for Appellants: Jack Maita said he feels the project will add to the block and increase security for the area. Joanne Minsky said she is familiar with the area and the building and that her light is already blocked by the building on the other side and that she agrees that the proposed project will add to security at night. Maria Istel said he thinks the project will add to the beauty of the City. Jennifer Xu Iles said she supports neighborhood improvements like this project. Leo McFadden, SBI, DBI, explained the fire escape regulations as they apply in this case.
(6) APPEAL NO. 02-063
ERIC YOUNG
dba "SF BATTLE ZONE", Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1968 Powell Street (583 Lombard Street).
[Appealing a Notice of Violation dated March 26, [2002, addressed to Gan Woo Wong, that the small [grocery store at the subject property has been [converted into an internet café without benefit of a [permit, in violation of Planning Code § 722.48 which [requires conditional use (CU) authorization for "Other [Entertainment Uses" in the North Beach [Neighborhood Commercial Zoning District.
[PUBLIC TESTIMONY HEARD NOV. 13, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-1 (Commissioner Sugaya dissented) to continue the appeal to April 2, 2003.
SPEAKERS: Lawrence Badiner, ZA, reminded the Board that the matter was continued to allow the Appellant to seek a conditional use authorization from the Commission for ten devices in his store and that nothing has happened and no application has been filed yet and no contact has been made to try to work out how many devices are appropriate here. He urges the Board to uphold his action. Eric Young, Appellant, said he hasn't done anything because he has been working out of state and the Dwellers haven't responded to his letter. Gary Crowley of the Telegraph Hill Dwellers said his group hasn't changed its position and still opposes the Appellant's business.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 02-179
CAI XIA GAO, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[330 - 2nd Avenue.
[Protesting the issuance on August 30, 2002, to [Debbie Wong, Permit to Demolish a Building [(3-story, 4-unit residential building with 1500sf [of ground floor area).
[APPLICATION NO. 2000/02/29/2998.
[FOR HEARING TODAY.
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(7B) APPEAL NO. 02-180
CAI XIA GAO, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[330 - 2nd Avenue.
[Protesting the issuance on August 30, 2002, to [Debbie Wong, Site Permit to Erect a Building [(3-story, 3-unit residential building with 1,925sf of ground floor area).
[APPLICATION NO. 2000/02/29/3001S.
[FOR HEARING TODAY.
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(8) APPEAL NO. 02-183
THOMAS CASHIN
& NATASHA TUCK, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
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[138 -28th Street.
[Appealing the denial on Sept. 12, 2002, of Site [Permit to Alter a Building (remodeling of 4-unit [unit residential building to convert it into two [residential units, addition of a partial fourth floor, [and remodeling of front and [back bay windows.
[APPLICATION NO. 2001/09/26/9303S.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Harrington, the Board voted 2-3 (Commissioners Shoemaker, Sugaya & Saunders dissented) to overrule the denial, and grant the subject permit. Four votes being required to overturn any departmental action, the motion failed, and the denial of the subject permit was upheld.
SPEAKERS: Lawrence Badiner, ZA, disclosed that he owns property less than 3,000 feet from the subject site. He said this case was a staff DR and that the Commission said that although the units are subject to the Ellis Act they can still be sold as condos. Paul Utrecht, attorney for the owner introduced co-Appellant Natasha Tuck who explained their intention to convert the four-units into two units. Mr. Utrecht said it will take years to make into condos under the lottery process and that the policy for mergers changed after she had bought the building. He said fairness requires Board to approve the merger and that the housing situation has changed since the Commission's policy was adopted.
No public comment for either side.
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 02-199
VIACOM OUTDOOR, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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[900 Evans Avenue.
[Appealing the denial on Sept. 27, 2002, of [Permit to Erect a Sign (single pole, double-[faced flag sign, 14' high X 48' long, with 1,344sf [of total surface area).
[APPLICATION NO. 2002/03/18/1694.
[FOR HEARING TODAY.
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(9B) APPEAL NO. 02-200
VIACOM OUTDOOR, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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[2325 Jerrold Avenue.
[Appealing the denial on Sept. 27, 2002, of [Permit to Erect a Sign (single pole, center [mounted sign, 14' high X 48' long, with 1,344sf [of total surface area).
[APPLICATION NO. 2002/03/20/1962.
[FOR HEARING TODAY.
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(10) APPEAL NO. 02-237
TINA WOLLENBERGER
& RAFAEL CALDERON, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[2515-2519 Post Street.
[Protesting the issuance on March 29, 2002, [to Victor Ume-Ukeje, Permit to Alter a [Building (on 3-unit residential building: [renovation of each unit; upgrade of bath, [kitchen; finishes, lighting; no change to [building footprint; new garage.)
[APPLICATION NO. 2002/03/29/2665.
[JURISDICTION GRANTED DEC. 12, 2002.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-1 (Vice President Harrington dissented) to continue the case to the indefinite calendar / call of the chair with the public hearing closed.
SPEAKERS: Tina Wollenberger, Appellant, quoted a Supreme Court decision and said the work on her unit had been done by an unlicensed electrician and explained the history of her dealings with the owner. Steve Williams, attorney for the permit holder, explained the court decision handed down in favor of his client and argued the Board has no jurisdiction now since there are no issues left to decide.
No public comment for either side.
Leo McFadden, SBI, DBI, said he will refer the allegations concerning the electrical work to the electrical inspector and that a bedroom is not permitted next to a garage under the Code. Victor Ume-Ukeje, Permit Holder, said the Appellant has harassed him and is trying to ruin him. Bruce Ball, contractor, said that he is renovating all three floors and that the units must be vacant for the safety of the occupants.
(11) APPEAL NO. 02-238
PRABMABEN PATEL, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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[2707 Lombard Street.
[Appealing the denial on December 19, 2002, [of Permit to Erect a Sign (ground, electric, [projecting, double-faced sign, 5' X 6'6" in [size, with 32.5sf of total surface area).
[APPLICATION NO. 2002/10/04/8270).
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to continue the case to the indefinite calendar / call of the chair, with the public hearing closed.
SPEAKERS: Lawrence Badiner, ZA, said the sign is not in compliance with the Code because it is too high and too large. Only 250 square feet is allowed. Patel Mahesha, manager of the motel explained why the sign is needed for the benefit of drivers coming off the bridge who are confused as to access to his motel and that he only requests one sign be allowed him. He said he contacted Caltrans but they can't help him. Steve Peterson, contractor for the Appellant, thanked the Board for the suggestions as to how he can get permission for the sign.
No public comment for either side.
ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 02-239
KENNETH FONG, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[31 Fairmount Street.
[Protesting the issuance on December 11, [2002, to Ronald Wallace, Site Permit to [Erect a Building (3-story, single family [residence, 35' in height).
[APPLICATION NO. 2000/08/07/7174S.
[FOR HEARING TODAY.
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(12B) APPEAL NO. 02-241
MORRIS & BRENDA ABBOTT, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[31 Fairmount Street.
[Protesting the issuance on December 11, [2002, to Ronald Wallace, Site Permit to [Erect a Building (3-story, single family [residence, 35' in height).
[APPLICATION NO. 2000/08/07/7174S.
[FOR HEARING TODAY.
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(13) APPEAL NO. 02-242
ANDREW BROWN, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[938 Central Avenue.
[Protesting the issuance on December 13, [2002, to Raul Arriaza, Site Permit to Alter a [Building (two-story addition to single-family [house for two new dwelling units, and rear [addition to existing dwelling unit).
[APPLICATION NO. 2002/06/63/8073S.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0 (Commissioner Saunders absent) to uphold the subject permit with the following condition(s): a) that a light well be installed 3ft X 4.5ft with one or two rescue windows on the perpendicular sides of the light well; b) that said rescue windows be 24 inches in width; and c) with a finding that there exist exigent circumstances, and that the requirement for a 5ft X 10 ft light well is waived.
SPEAKERS: Andrew Brown, Appellant and owner of 944 Central, explained his opposition to the project because of his need for a light well that will allow air to keep his building dry and free from mildew. Van Ly, architect for Permit Holder, explained the problem a light well will cause. Leo McFadden, SBI, DBI, explained the Code requirements for residential light wells.
No public comment for either side:
There being no further business, President Chin adjourned the meeting at 9:15 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.
