2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 17, 2004
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Kathleen Harrington, Vice President Hisashi Sugaya, Commissioner Frank Fung, and Commissioner Randall Knox. (Commissioner Sabrina Saunders left meeting at 6:45pm)
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (DCA OCA); Lawrence Badiner, Planning Department (PD); Leo McFadden, Senior Building Inspector, Dept. of Building Inspection (SBI DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, 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.
|
LIST OF PARTIES: Leo McFadden, DBI.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3A) REHEARING REQUEST:
|
Subject property at 4386 – 26th Street. Appeal No(s). 04-087, Koenig vs. DBI, PDA. Letter from David Cincotta, attorney for Howard Koenig, appellant, requesting rehearing of Appeal No(s). 04-087, decided October 13, 2004. At that time, upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Chin absent) to uphold the subject permit with adoption of the Planning Commission’s Discretionary Review (DR) findings. Permit Holder(s); Paul Weber. Project: on single-family house, 3rd story addition and remodel of existing house.
|
ACTION: Upon motion by Vice President Sugaya, the Board voted 4-1 (President Harrington dissented) to deny the Request for Rehearing.
LIST OF PARTIES: Howard Koenig, appellant; Paul Weber, permit holder.
(4) CONSENT ITEMS (DBI PENALTY):
|
With the consent of the Dept. 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. 04-115
|
JOEL REIF, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
|
86 Lundys Lane.
Appeal for refund of penalty imposed for work done without a permit (on single-family house: replace kitchen cabinets; remodel kitchen; paint deck and reinforce top railing; remodel bathroom; replace basin and tub; repair deck less than 50%).
APPLICATION NO. 2004/08/18/1885.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Harrington, the Board voted 4-1 (Commissioner Knox dissented) to reduce the subject penalty to 2 times the regular fee.
LIST OF PARTIES: Leo McFadden, DBI; Juliet Ellis, agent for appellant.
(5) APPEAL NO. 03-154
|
ULYSSES NAPURI
dba “LAST STOP SOUVENIR”, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
|
498 Beach Street.
Appealing the denial on May 5, 2003, of a Sidewalk Display Merchandise Permit.
ORDER NO. 174,098.
JURISDICTION GRANTED ON 9/17/2003.
PUBLIC HEARING HELD ON 12/10/2003.
FOR FURTHER CONSIDERATION TODAY.
|
ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Fung absent) to continue the matter to January 26, 2005 at the request of the parties.
(6) APPEAL NO. V03-209
|
CATHERINE FERREIRA
& ANN FERREIRA, Appellant(s)
vs.
ZONING ADMINISTRATOR,
Respondent
|
1120-1122 Vallejo Street.
Protesting the granting on December 23, 2003, to Susan Lee, Jennifer Cherk & Jay Capela, Rear Yard Variance (on 2-family building: construction of an enclosed pavilion on the roof of the existing 3-story building and the enclosure of two areas at the rear of the building that are currently unenclosed).
VARIANCE CASE NO. 2003.0476DV.
Note: On March 24, 2004, the Board voted 5-0 to uphold the variance with condition(s): a) that the north portion of the roof be sloped to allow for more sunlight into the adjacent backyard; and b) that the front (south) elevation be redesigned to reflect the solid to void ratio of buildings of a similar nature. On May 12, 2004, the Board voted 4-1 to grant the rehearing request by the appellants and to set the rehearing for June 30, 2004.
REHEARING HELD & CLOSED ON JULY 28, 2004.
FOR FURTHER CONSIDERATION TODAY.
|
ACTION: Upon motion by Vice President Sugaya, the Board voted 5-0 to uphold the subject variance with adoption of conditions as read into the record by Vice President Sugaya, and with adoption of findings as read into the record by the Zoning Administrator.
LIST OF PARTIES: Catherine Ferreira, co-appellant; Jay Capela, co-permit holder; Lawrence Badiner, Zoning Administrator.
(7) APPEAL NO. 04-091
|
ALAN MACREA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
|
1618 – 33rd Avenue.
Protesting the issuance on July 14, 2004, to Steven Tam, Permit to Alter a Building (on single-family house: revision to Building Permit Application No(s). 2003/05/21/5177; remove and relocate one full bath and replace with ½ bath at garage level and add a new storage room; add a skylight with vent at light court; remove existing kitchen counter, cabinets and sink, and replace with new at 2nd floor; remove dry rot balcony (decorative) at front and replace with metal decorative balcony; relocate master shower; correction for NOV No(s). 200344353).
APPLICATION NO. 2004/06/17/6737.
PUBLIC HEARING HELD ON 10/13/2004.
FOR FURTHER CONSIDERATION TODAY.
|
ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to uphold the subject permit.
LIST OF PARTIES: Appellant and Permit holder did not appear.
(8) APPEAL NO. 03-194
|
ARA & BERG TEHLIRIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
DR Requestor(s): JOSE MORALES
|
572 San Jose Avenue.
Appealing the denial on November 21, 2003, of a Site Permit to Alter a Building a Building (on two-unit building: horizontal and vertical addition, 335sf on ground floor, 368sf on 2nd floor, and 1038sf on 3rd floor; electrical, plumbing, and mechanical under separate permit).
APPLICATION NO. 2002/11/04/0682S.
Note: On March 3, 2004, the Board voted to uphold the denial of the subject permit. On July 21, 2004, the Board voted to grant the appellants’ rehearing request.
FOR REHEARING TODAY.
|
ACTION: Upon motion by Vice President Sugaya, the Board voted 3-2 (President Harrington & Commissioner Fung dissented) to uphold the denial by the Planning Commission.
LIST OF PARTIES: Lawrence Badiner, Zoning Administrator; Brett Gladstone, attorney for appellant’s; Christine Tehlirian, wife of co-appellant; Ariel Gershan, agent
(9) APPEAL NO. 04-019
|
OCEAN PARC VILLAGE
HOMEOWNER’S ASSOCATION, Appellant(s)
vs.
PLANNING DEPARTMENT, Respondent
|
730 Great Highway.
Protesting the issuance on March 8, 2004, to Tom and Breda MacDonald & KTH LLC, Coastal Zone Permit Authorization (proposal is to construct a new 3-story, 4-unit building approximately 32 feet tall on a vacant lot).
CASE NO. 2003.1009P.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Saunders, the Board voted 5-0 to reschedule the hearing to March 30, 2005 at the request of the parties.
(10) APPEAL NO. 04-024
|
JOHN ATWATER
& DIANA NELSON, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
3746 Jackson Street.
Appealing a determination dated March 16, 2004, addressed to David Cincotta, that the proposed expansion, which is not within the front portion of the property where a height increase is permitted, and which, in any case, extends above the 35 foot absolute height limit, would not be allowed under Planning Code §§ 261(b)(1), 261(c), 261(c)(1), and 261(c)(2).
FOR HEARING TODAY.
|
ACTION: (1) Upon motion by President Harrington, the Board voted 3-1-1 (Vice President Sugaya dissented, Commissioner Saunders absent) to overturn the Zoning Administrator’s determination with findings as read into the record by Commissioner Knox. (2) Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Saunders absent) to rescind the previous motion and continue the hearing to December 8, 2004, with the public hearing closed and for matter to be placed at the end of the agenda.
LIST OF PARTIES: Lawrence Badiner, Zoning Administrator; David Cincotta, attorney for appellants; Diana Nelson, co-appellant.
(11) APPEAL NO. V04-052
|
LAURA PERRAULT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
32 Carson Street.
Appealing the partial denial of a Rear Yard Variance (proposal to reconstruct an existing non-complying room at the rear of the property that would include an increase in volume and a new roof form was denied; the proposal to reconstruct the same existing non-complying room at the rear without the increase in volume and without a new roof form was granted; the proposal to construct a new larger deck with a spiral staircase was also granted).
VARIANCE CASE NO. 2003.1242V.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to overturn the denial, and grant the variance with the following findings: that there is no loss of housing since the other unit is being retained, & that the project creates a family-size unit which is an objective of the General Plan.
LIST OF PARTIES: Lawrence Badiner, Zoning Administrator; Jeremy Paul, agent for appellant; Barbara Keely, for appellant; Ed Sweeney, DBI.
ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 04-079
|
COMMUNITIES
FOR A BETTER ENVIRONMENT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
1201 Illinois Street.
Protesting the issuance on July 6, 2004, to Mirant Potrero LLC, Permit to Alter a Building (on an industrial power building: installation of an aqueous ammonia storage area; removal of existing pavement; partial excavation and removal of existing earth and concrete for new ammonia storage area and sump; excavation of remaining soil within sump area; installation of H-poles for support of containment sump and ammonia storage tank; installation of re-enforced concrete-mat foundation, walls and support piers for the sump and ammonia storage tank; backfilling as required; installation of drain from truck unloading drive to sump; installation of reinforced concrete for diked area slab, walls, footings, equipment pads and truck unloading drive; installation of structural steel for sump cover, stairs and electrical equipment canopy; final paving around disturbed area; tank installation under separate permit; existing building work part of separate permit).
APPLICATION NO. 2004/02/19/6692.
FOR HEARING TODAY.
|
(12B) APPEAL NO. 04-080
|
COMMUNITIES
FOR A BETTER ENVIRONMENT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
1201 Illinois Street.
Protesting the issuance on July 6, 2004, to Mirant Potrero LLC, Permit to Alter a Building (on an industrial power building: structural work involved in the alteration of the existing power plant structure for the installation of selective catalatic reduction (SCR) equipment for Nox removal; installation of new steel and catwalks within existing structure and reinforcement of existing steel for the revised flues and new piping, skids and manifold valve stations).
APPLICATION NO. 2004/03/08/7971.
FOR HEARING TODAY.
|
ACTION: Withdrawn by the appellants.
(13) APPEAL NO. 04-084
|
SANDRA LUGO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
767 Lisbon Street.
Protesting the issuance on July 2, 2004, to Jian Nian Xu, Permit to Alter a Building (on single-family house: remove stove, counter with wet sink and refrigerator including all utility lines to source).
APPLICATION NO. 2004/07/02/7916.
FOR HEARING TODAY.
|
ACTION: Withdrawn by Appellant’s attorney orally, not on the record, but witnessed by Robert Feldman, Executive Secretary.
(14) APPEAL NO. 04-089
|
SUE HESTOR, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
875-899 Howard Street.
Appealing a determination dated July 8, 2004, addressed to Joel Yodowitz at Ruben & Junius LLP, that the interim use of the subject property by the California Academy of Sciences does not constitute an abandonment of the office entitlement granted by the Planning Commission per motion no(s). 15061 and 15062.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the Zoning Administrator’s determination.
LIST OF PARTIES: Sue Heston, appellant; Lawrence Badiner, Zoning Administrator; Joel Yodowitz, attorney for determination holder.
(15) APPEAL NO. 04-098
|
JOHN JOSEPH
SCHENONE TRUST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
1907 Egbert Avenue.
Protesting the issuance on August 2, 2004, to Rodrigo Galimba, Permit to Erect a Building (3-story, single-family house with 1,575sf of ground floor area).
APPLICATION NO. 2003/04/11/2024S.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the permit.
LIST OF PARTIES: Johnny Schenone, agent for appellant; Marcela Galimba, agent for permit holder; Rodrigo Galimba, permit holder.
(16) APPEAL NO. 04-101
|
PATRICIA VAUGHEY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
2775 Filbert Street.
Protesting the issuance on May 28, 2004, to Tina Bartlett, Permit to Alter a Building (on single-family house: install redwood fence as per plan around property, 10’-0” in height).
APPLICATION NO. 2004/05/28/5113.
JURISDICTION GRANTED JULY 28, 2004.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to December 8, 2004.
LIST OF PARTIES: Patricia Vaughey, appellant; Jeremy Paul, agent for permit holder.
(17) APPEAL NO. 04-110
|
KERI EVILSIZOR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
137-139 Cook Street.
Protesting the issuance on August 4, 2004, to Joseph Tierney, Permit to Alter a Building (on 2-unit building: raise building to create new garage in existing basement; and add new 3rd floor unit).
APPLICATION NO. 2002/06/07/8509S.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Sugaya, the Board voted 3-2 (President Harrington and Commissioner Saunders dissented) to reschedule the matter to December 8, 2004 on appellant’s request based on late submittal of documents by permit holder.
LIST OF PARTIES: Lee Moulton, agent for permit holder; Joe O’Donoghue, for permit holder; Keri Evilsizor, appellant; John Evilsizor, for appellant.
(18) APPEAL NO. 04-111
|
LEORA & MICHAEL VESTEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1405 York Street.
Protesting the issuance on August 9, 2004, to Jason Lin, Permit to Alter a Building (on single-family house: legalize rooms at ground floor; 2 bedrooms, laundry, full bath and storage).
APPLICATION NO. 2004/08/09/1027.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Fung, the Board voted 3-1-1 (Vice President Sugaya dissented, Commissioner Saunders absent) to uphold the subject permit.
LIST OF PARTIES: Samuel Broydo, agent for appellants; Wendy Lin, agent for permit holder; Leo McFadden, DBI; Lawrence Badiner, Zoning Administrator.
(19) APPEAL NO. 04-112
|
PATRICK STOREY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
674 – 5th Avenue.
Protesting the issuance on August 9, 2004, to Lan Wong, Permit to Alter a Building (on single-family house: new emergency walkway (new deck) at the rear of the cottage on top of existing roof deck; comply with NOV No(s). 200449859; separate permit required for Nov No(s). 200451719; no work on front building).
APPLICATION NO. 2004/06/02/5354.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Saunders absent) to continue to Call of Chair so that the permit holder can meet with DBI to resolve the other code violations on the subject property.
LIST OF PARTIES: Patrick Storey, appellant; Lan Wong, permit holder; Leo McFadden, DBI.
There being no further business, President Harrington adjourned the meeting at 10:30 p.m.
________________________________
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
