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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, OCTOBER 3, 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, and Commissioner Katharine Albright.

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Edward Sweeney, Senior Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Heidi Machen, Executive Director, Taxi Commission (TC); Robert Feldman, Executive Secretary; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist; Easteller Bruihl, Official Court Reporter.

 

ABSENT: Commissioner Robert Haaland.

 

 

(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: David Pilpel asked the Board to continue to work on its revisions to rules.

 

Gene Eplett representing Supervisor Alioto, commented on the permit process.

 

 

(2)    COMMMISSIONERS COMMENTS & QUESTIONS: 

 

SPEAKERS:  None.

 

 

(3)    ADDENDUM ITEMS: 

 

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

Subject property at 20 Villa Terrace.  Permits issued on July 16, July 18, and July 19, 2007.  Last day to appeal was July 31, August 2, and August 3, 2007, respectively.  Jurisdiction requests received August 17, 2007.  Letter from George Gomes, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/07/16/6810, Plumbing Permit No. PP2007/07/18/670, and Electrical Permit No.  E2007/07/19/9821.  Permit Holder: Peter Quintana.  Project: removal of illegal unit; convert back to legal storage (building permit); demolish plumbing in illegal unit (plumbing permit); and remove wiring installed illegally in basement, and install subload center (electrical permit).  Note: Public hearing held and closed on Sept. 19, 2007.  For further consideration today.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 -1 (Commissioner Haaland absent) to grant the Jurisdiction Request, and to schedule the appeal for November 14, 2007.

 

SPEAKERS: Peter Quintana, Permit Holder; Scott Moore, Agent for Requestor; George Gomes, Requestor; Edward Sweeney, DBI.

 

PUBLIC COMMENT: Gene Eplett spoke in favor of the requestor.

 

 

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

Subject property at 43D Dearborn Street.  Permit issued on April 2, 2007.  Last day to appeal was April 17, 2007.  Jurisdiction request received on August 28, 2007.  Letter from Sabrine Rodems & Koorosh Afshari, requestors, asking that the Board take jurisdiction over Building Permit Application No. 2007/04/02/7858.  Permit Holders: Enrico & Emilia Martin.               Project: remove illegal unit, kitchen and bath; cap utilities at source.  Note: Public hearing held and closed on Sept. 19, 2007.  For further consideration today.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 -1 (Commissioner Haaland absent) to reschedule the matter to 10/24/07, at the prior written request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

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

No specific subject property.  Determination issued by the Zoning Administrator on   May 15, 2006.  Last day to appeal was May 30, 2006.  Jurisdiction request received on     February 8, 2007.  Letter from Douglas Loranger, David Tornheim, and San Francisco Neighborhood Antenna-Free Union (SNAFU), requestors, asking that the Board take jurisdiction over a ZA determination regarding whether certain types of wireless telecommunication facilities qualify as accessory uses under the Planning Code.  Determination Holder: T-Mobile – Omnipoint.

 

ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to 11/14/07, at the prior written request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(3d)  REHEARING REQUEST:                                                    

Subject property at 1801-1813 Fulton Street.  Letter from Vladamir Gammer, appellant, requesting rehearing of Appeal No. 06-189, decided January 31, 2007.  At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to uphold the subject permit.  Permit Holder: T-Mobile Omnipoint.  Project: on multi-unit apartment building, installation of new micro-cell panel antenna enclosed within a faux vent; installation of associated equipment and necessary cabling/cable trays; no new batteries; BPA No. 2006/03/21/7213.

 

ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to 11/14/07, at the prior written request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(3e)  REHEARING REQUEST:                                 

Subject property at 373 Castenada Avenue.  Letter from Maria Elena Hanley, co-appellant, requesting rehearing of Appeal No. 07-036, Hanley vs. DPW BUF, decided July 11, 2007.  At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Fung dissented) to uphold the denial of the tree removal permit on condition that the DPW BUF monitor the trees annually, with said monitoring to alternate with the annual monitoring by the Forest Hills Association.

 

ACTION:  Withdrawn by the Appellants.

 

SPEAKERS:  None.

 

PUBLIC COMMENT: None.

 

(3f)  REHEARING REQUEST:                                  

Subject property at 1407-1435 Market Street.  Letter from Sue Hestor, attorney for Jazzie Collins, appellant, requesting rehearing of Appeal No. 07-052, Collins vs. PC, decided August 29, 2007.  At that time, upon motion by Vice President Garcia, the Board voted 3-2 (President Knox & Commissioner Haaland dissented) to uphold the Planning Code §309 adoption of findings.  Motion Holder: Tenth & Market LLC.  Project: adoption of findings on April 5, 2007, related to the approval of a Planning Code § 309 determination of compliance and request for exceptions for the construction of a residential project containing approximately 719 dwelling units, approximately 19,000sf of retail space, and a garage with a capacity of up to 593 parking spaces; Planning Commission Motion No. 17414.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to deny the Request for Rehearing.

 

SPEAKERS: Sue Hestor, Attorney for Appellant; Tim Tosta, Attorney for Motion Holder.

 

PUBLIC COMMENT: None.

 

 

(3g)  REHEARING REQUEST:                                 

Subject property at 1407-1435 Market Street, & 16-70 – 10th Street.  Letter from Sue Hestor, attorney for Jazzie Collins, appellant, requesting rehearing of Appeal No. V07-111, Collins vs. ZA, decided August 29, 2007.  At that time, upon motion by Vice President Garcia, the Board voted  3-2 (President Knox & Commissioner Haaland dissented) to uphold the granting of the subject variances.  Variance Holder: Tenth & Market LLC.  Project: Elevator Penthouse Height Exemption, Usable Open Space Dimension, Dwelling Unit Exposure, Hazard-Level Wind, and Loading Entry Variances (construction of two buildings sharing a common base and containing approximately 719 dwelling units, approximately 19,000sf of retail space, and a garage with a capacity of up to 593 parking spaces); Variance Case No. 2006.0584V.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 3 – 1 – 1 (President Knox dissented and Commissioner Haaland absent) to deny the Request of Rehearing.

 

SPEAKERS: Sue Hestor, Attorney for Appellant; Tim Tosta, Attorney for Variance Holder.

 

PUBLIC COMMENT: None.

 

 

(3h)  REHEARING REQUEST:                                 

Subject property at 838 Alabama Street.  Letter from Tony Fu, appellant, requesting rehearing of Appeal No. 07-072, Fu vs. DBI, PDA, decided August 29, 2007.  At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (President Knox recused) to uphold the subject permit.  Permit Holder: Jersey St. Associates LLC.  Project: on single-family house; consolidate under single permit all work previously shown under BPA Nos.  2006/03/22/7327, 2006/04/20/9476, 2006/05/03/0499, 2006/05/03/0547, and 2006/05/12/1526; new work not shown previously (clearly) for notification includes raising building 18 inches, infilling light well at north side, and developing basement into habitable space); BPA No.  2006/11/15/7736S.

 

ACTION: Upon motion by Commissioner Albright, the Board voted 3 -1 – 1 (President Knox recused and Commissioner Haaland absent) to reschedule the matter to 11/14/07 due to lack of quorum.

 

SPEAKER: Tony Fu, Requestor/Appellant.

 

PUBLIC COMMENT: None.

 

 

(3i)  ADOPTION OF FINDINGS:                               

Subject property at 67 Madrone Avenue.  Appeal No. 07-090, McClendon vs. DBI, PCD, decided Sept. 12, 2007,  At that time, upon motion by President Knox, the Board voted 5-0 to overrule the denial, and grant the permit with findings to be adopted at a later date.             Section 14 Party:  Daniel Walsh.  Project: on single-family house, add new bedroom and bathroom on 1st floor; remodel existing kitchen and relocate existing bedroom on 2nd floor; add new master bedroom and bathroom on 3rd floor; BPA No. 2006/10/06/4439S.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to adopt the findings.

 

SPEAKER: Joel Yodowitz, Attorney for Appellant.

 

PUBLIC COMMENT: None.

 

 

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

Subject property at 597-599 – 26th Avenue.  Variance granted on Sept. 4, 2007.  Last day to appeal was Sept. 14, 2007.  Jurisdiction request received Sept. 17, 2007.  Letter from Richard Hurlburt, requestor, asking that the Board take jurisdiction over Variance Case No. 2007.0085V.  Variance Holder: Alex Dabiza.  Project: construct a three-story horizontal addition within the rear yard.

 

ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to deny the Jurisdiction Request.

 

SPEAKERS: Lilian Dabiza, Wife of Requestor; Scott Sanchez, PD.

 

PUBLIC COMMENT: None.

 

 

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

Subject property at 259-261-263 Bartlett Street.  Permit issued on August 17, 2007.  Last day to appeal was Sept. 4, 2007.  Jurisdiction request received Sept. 17, 2007.  Letter from Christmas Leubrie, Alice Heimsoth, Barbara Ward & Herminia Albarran-Romero, requestors, asking that the Board take jurisdiction over BPA No. 2007/08/02/8574.  Permit Holder: Derning-Throne Inc.  Project: foundation upgrade, 1st floor framing upgrade to accommodate installation of garages; new shear wall upgrade in garage; repair backstairs; no work on exterior elevation to be done.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to grant the Jurisdiction Request.

 

SPEAKERS: Raquel Fox, Attorney for Requestors; Adam Throne, Agent for Permit Holder; Edward Sweeney, DBI.

 

PUBLIC COMMENT: None.

 

 

(4)  APPEAL NO. 07-104

JACOB BRETTHOLZ, Appellant(s)

                        vs.

 

TAXI COMMISSION, Respondent

Appealing the permanent bar from grant/issuance of taxicab permit (A-card).

FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 3 – 1 – 1 (President Knox dissented and Commissioner Haaland absent) to uphold the permanent bar from the grant/ issuance of A – Card.

 

SPEAKERS:  Heidi Machen, TC; Ron Reynolds, SFPD; Jacob Brettholz, Appellant.

 

PUBLIC COMMENT: David Pilpel spoke in favor of the Taxi Commission.

 

 

(5)  APPEAL NO. 06-202

JEFFREY KRAMER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

591-599 Guerrero Street.

Protesting the issuance on December 21, 2006, to Omnipoint – T-Mobile, Permit to Alter a Building (installation of new microcell panel antenna enclosed within new false vent; installation of associated equipment).

APPLICATION NO. 2006/05/19/2075.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Albright, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to 11/14/07, at the prior written request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(6)  APPEAL NO. 07-048

EDWARD IP, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION,

                                             Respondent

 

 

834 – 44th Avenue.

Appealing a Notice of Decision by the Director of the Dept. of Building Inspection, dated April 11, 2007, regarding allegations of an unlawful residential demolition at the subject property.

PUBLIC HEARING HELD & CLOSED ON JUNE 20, 2007. FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for appellant to seek a settlement with the adjacent neighbors, to submit revised plans, and for the Planning Department to review the matter.

 

ACTION: Upon motion by President Knox, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule the matter to 10/24/07, at the prior written request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(7)  APPEAL NO. 07-060

WILBUR WOO, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

2116 Irving Street.

Appealing a Notice of Violation dated April 23, 2007, addressed to Wilbur Woo & Dolores Revo, that the “Quickly” establishment at the subject property has not procured proper Planning Department authorization, in violation of Planning Code §§ 703.3 & 703.4.

FOR REHEARING TODAY.  Note: On August 1, 2007, the Board voted 4-0-1    (Commissioner Albright absent) to uphold the NOV.  On August 29, 2007, the Board voted 5-0 to grant the appellant’s rehearing request, and to set the rehearing for October 3, 2007.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to reschedule to matter to 11/7/07, at the prior written request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:

 

(8A)  APPEAL NO. 07-105

MAUREEN KENNEY

& ROGER MWAMBA, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

1536 Pacific Avenue.

Protesting the issuance on June 11, 2007, to Mary Tom, Permit to Demolish a Building (one-story auto repair shop with 5,300sf of ground floor area).

APPLICATION NO. 2004/12/02/0513.

PUBLIC HEARING HELD & CLOSED ON SEPT. 19, 2007. FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for parties to continue settlement negotiations.

 

ACTION: Withdrawn by the Appellants.

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(8B)  APPEAL NO. 07-106

MAUREEN KENNEY

& ROGER MWAMBA, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

1536 Pacific Avenue.

Protesting the issuance on June 11, 2007, to Mary Tom, Permit to Erect a Building (four-story, six-unit residential/commercial building with 5,300sf of ground floor area).

APPLICATION NO. 2004/12/02/0517.

PUBLIC HEARING HELD & CLOSED ON SEPT. 19, 2007. FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for parties to continue settlement negotiations.

 

ACTION: Withdrawn by the Appellants

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(9)  APPEAL NO. 07-095

ELVA ZEPEDA

& GRACIELA CUBAS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

3225 – 23rd Street.

Protesting the issuance on June 5, 2007, to Victor Meneses, Permit to Alter a Building (on four-unit building: remove studio on ground floor [illegal]; return back to garage; comply with NOV No. 200799376).

APPLICATION NO. 2007/06/05/3046.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to continue the matter to 6/4/08, to allow time for appellants to seek a new apartment.

 

SPEAKERS: Raquel Fox, Attorney for Appellants; David Butler, Attorney for Permit Holder; Scott Sanchez, PD; Edward Sweeney, DBI.

                                                                                        

PUBLIC COMMENT: None.

 

 

(10)  APPEAL NO. 07-109

GEORGIA SCHUTTISH, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

455 – 27th Street.

Protesting the issuance on June 29, 2007, to David Bartenwerfer, Permit to Alter a Building (on single-family house: revision to approved BPA No. 2005/10/17/5751; flatten rear portion of roof).

APPLICATION NO. 2007/06/29/5537.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Vice President Garcia, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to uphold the permit.

 

SPEAKERS: Georgia Schuttish, Appellant; David Bartenwerfer, Permit Holder.

 

PUBLIC COMMENT: Pablo Gomez spoke in favor of the permit holder.

 

 

(11)  APPEAL NO. 07-110

CLAIRE ZVANSKI, ANITA SEGHETTI,

WENDY & BOB SMITHERS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

145 Edinburgh Street.

Protesting the issuance on June 27, 2007, to Alfred Lee, Electrical Permit (furnish and install one automatic garage door opener). APPLICATION NO. E2007/06/27/9190.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Knox, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to uphold the permit.

 

SPEAKERS: Appellants did not appear.

 

PUBLIC COMMENT: None.

 

 

(12)  APPEAL NO. 07-114

PATRICIA DELORES AMANTEA, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

466 London Street.

Protesting the issuance on June 27, 2007, to Manuel & Aurora Langit, Permit to Alter a Building (on single-family house: proposed remodel; horizontal front and rear addition; third floor vertical addition).

APPLICATION NO. 2005/05/09/1848S.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Commissioner Haaland absent) to uphold the permit.

 

SPEAKERS: Patricia Amantea, Appellant; Adolfo Alano, Agent for Permit Holder; Edward Sweeney, DBI; Aurora Langit , Co – Permit Holder.

 

PUBLIC COMMENT: None.

 

 

ADJOURNMENT.

 

 

There being no further Business, President Knox, adjourned the meeting at 8:51 p.m.

 

 

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