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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 5, 2002
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
Present: President Arnold Y. K. Chin, Vice President John McInerney, Commissioner Carole Cullum, Commissioner Allam el Qadah, Commissioner Sabrina Saunders.
Judith Boyajian, Deputy City Attorney for the City Attorney (DCA); Jonas P. Ionin, Sr. Planning Officer, Zoning Administrator, Planning Department; Laurence Kornfield, Chief Building Inspector, DBI; and Victor Pacheco for Robert Feldman, Executive Secretary for the Board of Appeals; Official Court Reporter, Easteller Bruihl.
(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: Patricia Vaughey, Alice Barkley, Kumar Patel.
(2)COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: Commissioner el Qadah asked if Mr. Feldman was okay. Staff answered in the affirmative.
(3)CLOSED SESSION: Adjourned for closed session at 5:26 p.m.
ITEM A: Public Comment concerning the Closed Session. None.
ITEM B: Discussion and vote pursuant to Administrative Code § 67.11(a) as to whether to conduct a closed session and invoke the attorney-client privilege.
ITEM C: Pursuant to Government Code § 54956.9 and Administrative Code § 67.8 (3), the Board of Appeals met with City Attorney’s representative in Closed Session to discuss and take action on attorney-client matters in the following case:
i. EXISTING LITIGATION:
Preservation Properties vs. Board of Appeals et al., Superior Court No(s). 500296,
Re: Appeal No(s). 01-109/110/111/112, Wojak et al. vs. DBI,
1775-1777 Yosemite Avenue & 1760 Armstrong Avenue
On September 12, 2001, upon motion by Commissioner Cullum, the Board voted 4-1 (President Chin dissented) to revoke all four permits; on October 10, 2001, upon motion by Commissioner El Qadah, the Board voted 3-2 (President Chin & Commissioner McInerney dissented) to deny the request for rehearing by the permit holder.
ITEM D: Adjourn Closed Session.
ITEM E: Motion to disclose or not disclose the information discussed in the Closed Session.
ITEM F: Reconvene Regular Meeting.
ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to meet in Closed Session. Afterwards, upon motion by Commissioner Cullum, the Board voted 5-0 not to disclose the information discussed during the Closed Session.
SPEAKERS: None.
(4)ADDENDUM ITEM(S):
ITEM A: 144 Eddy Street. Letter from Andrew Zacks, attorney for appellant Empress LLC, requesting rehearing of Appeal No. 01-082, Empress LLC vs. ZA, decided January 9, 2002. Upon motion by Commissioner Cullum, the Board voted 3-2 (President Chin & Commissioner El Qadah dissented) to uphold the subject determination. Determination Holder: Tenderloin Housing Clinic.
ACTION: This matter was rescheduled to June 19, 2002 prior to consideration.
SPEAKERS: None.
ITEM B: 144 Eddy Street. Proposed findings for Appeal 01-081, West Cork LLC vs. ZA, and Appeal 01-082, Empress LLC vs. ZA, decided Jan. 9, 2002. Upon motion by Commissioner Cullum, the Board voted 3-2 (President Chin & Commissioner El Qadah dissented) to uphold the subject determination. Determination Holder: Tenderloin Housing Clinic. For adoption today.
ACTION: This matter was rescheduled to June 19, 2002 prior to consideration.
SPEAKERS: None.
ITEM C: 315 & 319 Edgehill Way. Letter from Tim Colen, agent for the Edgehill Way Homeowner’s Association, § 14 Party, requesting rehearing of Appeal No(s). 02-037/038, Forest View LLC vs. DBI, PCD, decided May 15, 2002. Upon motion by Commissioner McInerney, the Board voted 4-1 (President Chin dissented) to overrule the Planning Commission’s denial, and grant both permits with the following conditions: a) that the overall length of the building be reduced from 50 feet to 40 feet; b) that the gross square footage of each house not exceed 3600sf including the garage and storage space; c) that the project sponsor provide a street improvement bond for all roadwork; d) that no construction on the project begin other than foundation work until all roadway widening work in front of all 6 lots intended for development is complete; e) that the project sponsor will record an open space preservation easement for all six lots to be approved by the Board on June 5, 2002; f) that conditions of the Structural Advisory Committee be implemented by the project sponsor; g) and that findings be prepared by the appellant’s attorney for adoption by the Board on June 5, 2002.
ACTION: Upon motion by Vice President McInerney, the Board voted 4-1 (Commissioner Cullum dissented) to deny the request for rehearing.
SPEAKERS: Neil Eisenberg, LLC, attorney for neighbors; Harry O’Brien, attorney for Appellant.
Four to one to deny request for rehearing. Denied.
ITEM D: 315 & 319 Edgehill Way. Proposed findings and Notice of Special Restrictions (open space preservation easement) for Appeal Nos. 02-037/038, Forest View LLC vs. DBI, PCD, decided May 15, 2002. Upon motion by Commissioner McInerney, the Board voted 4-1 (Commissioner Cullun dissented) to overrule the Planning Commission’s denial, and grant both permits with the conditions as listed above in Item C.
ACTION: Upon motion by Vice President McInerney, the Board voted 5-0 to continue the matter to June 12, 2002 with the parties to submit documents directly to Board members.
SPEAKERS: Harry O’Brien, LLC, Neil Eisenberg, attorney for neighborhood.
Five to 0 to continue to June 12, 2002.
ITEM E: 271 Cumberland Street #5. Letter from Chuck Louden, permit holder, requesting rehearing of Appeal No. 01-175, Holland vs. DBI, PDA, decided May 15, 2002. Upon motion by Commissioner Cullum, the Board voted 5-0 to revoke the subject permit. Project: comply with NOV, replacement roof deck, 2X4 sleepers on asphalt roof (legalize existing deck).
ACTION: Upon motion by Vice President McInerney, the Board voted 5-0 to deny the request for rehearing.
SPEAKERS: Chuck Louden, Permit Holder, Laurence Kornfield, DBI, Jackie Holland, Appellant.
(5) APPEAL NO. 02-050
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MARC & LISA CABI, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principals: SUSAN LANDLOR KEEGIN
& DOUGLAS GOLDMAN
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[2518 Union Street.
[Appealing the denial on March 21, 2002, of [Permit to Alter a Building (3-story rear addition, [bay additions east/west sides, new foundation, [garage addition, terrace addition at front, new [rear egress stairs, roof alterations, remodel [kitchen and bathrooms).
[APPLICATION NO. 2001/04/11/6580.
[PUBLIC HEARING HELD & CLOSED [MAY 22, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Vice President McInerney, the Board voted 4-1 (President Chin dissented) to uphold the procedural denial (modification) by the Planning Commission with conditions as stated by Vice President McInerney, with adoption of findings set for June 12, 2002.
SPEAKERS: Marc A. Cabi, Permit Holder, Robert J. McCarthy, attorney, Lucian Blazej, Susan Keegin, Owner.
(6)CONSENT ITEMS: With the consent of the Department 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.
(6A) APPEAL NO. 02-059
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DONALD MASSONI, MARIANNE
SACCO & RONALD MASSONI, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[443 - 8th Avenue.
[Appealing the imposition of penalty on [March 19, 2002 for work done without a permit.
[APPLICATION NO. 2002/03/04/0551.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to reduce the subject penalty to two times the regular fee.
SPEAKERS: None. Department consented.
(6B) APPEAL NO. 02-062
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ZHENWEN ZHU, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[381 Baltimore Way.
[Appeal for refund of penalty imposed on [April 10, 2002, for work done without a permit.
[APPLICATION NO. 2002/02/28/0339.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner El Qadah, the Board voted 5-0 to reduce the subject penalty to two times the regular fee.
SPEAKERS: None. Department consented.
(6C) APPEAL NO. 02-069
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JUDY CHIN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[22 Madison Street.
[Appeal for refund of penalty imposed on [April 15, 2002, for work done without a permit.
[APPLICATION NO. 2002/01/15/6948.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to reduce the subject penalty to two times the regular fee.
SPEAKERS: None. Department consented.
(6D) APPEAL NO. 02-072
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RAYMOND ZHANG, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1261 Goettingen Street.
[Appealing imposition of penalty on April 17, [2002, for work done without a permit.
[APPLICATION NO.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner El Cullum, the Board voted 5-0 to reduce the subject penalty to five times the regular fee.
SPEAKERS: None. Department consented.
(7) APPEAL NO. 02-017
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TEODORA MONTOYA, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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[951 Naples Street.
[Appealing denial on February 4, 2002, of [Permit to Alter a Building (legalize existing in-[law apartment in basement).
[APPLICATION NO. 2001/10/10/0331.
[PUBLIC HEARING HELD APRIL 3, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to reschedule the matter to Aug. 14, 2002.
SPEAKERS: Teodara Montoya, Appellant. Laurence Kornfield, Maurice Valiencia.
(8) APPEAL NO. 02-054
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KATHERINE ROBERTS
& JAMES DYER, Appellant(s)
DEPT. OF PUBLIC WORKS, Respondent
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[1514 Waller Street.
[Protesting the issuance on March 12, 2002, to [Brendan McKenna, Permit to Remove One [Tree (Without Replacement).
[ORDER NO. 173,400.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 5-0 to uphold the subject permit.
SPEAKERS: Katherine Roberts, appellant, Brendan McKenna, Permit Holder, Paul Sacamano, DPW, Jonas P. Ionin, Planning, Joe Speak(s), Steven Willis (s), Amy Winters (s), Ted Loewenberg (o), Rebecca Johnson (s), Doerte Murray (s), Carolyn S. McKenna, Permit Holder.
[5 for support of appeal and 0 for opposition to appeal]
(9) APPEAL NO. 02-067
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KATHERINE
ROBERTS & JAMES DYER, Appellant(s)
DEPT. OF PUBLIC WORKS, Respondent
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[1478 Page Street.
[Protesting the issuance on March 28, 2002, to [Michael Farr, Permit to Remove & Replace [One (1) Tree with an "in-lieu fee" condition.
[ORDER NO. 173,447.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to uphold the subject permit.
SPEAKERS: Katherine Roberts, Appellant; James Dyer, Appellant; Mike Farr, Permit Holder; Paul Sacamano, DPW; Jonas P. Ionin, Planning; Alan Prass (o), Shaun Supanich (o).
(10) APPEAL NO. 96-175
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REBECCA A. VISPERAS, Appellant(s)
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[550-552 Athens Street.
[Denial on December 9, 1996, of permit to Alter [a Building (legalize existing use a two family [dwelling on two floors of occupancy).
[APPLICATION NO. 9518320.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 5-0 to continue the matter to the Call of the Chair.
SPEAKERS: Jonas P. Ionin, Planning, Laurence Kornfield, DBI, Scott Bassin, Representative for Rebecca A. Visperas, Gurson S. Dang.
(11) APPEAL NO. 02-066
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VAN TRAN, Appellant(s)
POLICE DEPT., Respondent
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[Appealing the denial on April 2, 2002, of an [application for additional stops at 1345 & 1389 [Underwood Avenue for Mobile Catering Truck [No(s). 33.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President McInerney, the Board voted 4-1 (President Chin dissented) to dismiss the case for lack of subject matter jurisdiction, and for the filing fees to be refunded.
SPEAKERS: Sgt. William J. Coggan, SFPD, Van Tran, Appellant, Officer Patricia Hanson, SFPD.
(12) APPEAL NO. 02-070
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MARY BAGGENSTOSS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[1257B Dolores Street.
[Protesting the issuance on April 5, 2002, to [Anne Walzer, Permit to Alter a Building (1/4" [sheetrock attached to shearwalls, shelf and [structure to box in sloped cement foundation [along north wall, plywood floor to create level [floor).
[APPLICATION NO. 2002/04/05/3239.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to close the public hearing, and to continue the matter to June 26, 2002.
SPEAKERS: Mary Baggenstoss, Appellant, Anne Walzer, Permit Holder, Laurence Kornfield, DBI, Monika Khushz, and Cindy Ossias in support of Permit Holder
(13) APPEAL NO. 02-071
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LE COLONIAL LLP, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[20 Cosmo Place.
[Appealing a determination dated Jan. 30, 2002, [addressed to Tim Dale, that a Place of [Entertainment Permit Application cannot be [approved because the subject property abuts [the RC-4 zoning district and has an open [balcony at the rear of the second floor of [occupancy, in violation of Planning Code [§ 221(f) which states that a place of [entertainment may not have any opening other [than fixed windows and exits required by law if [the property is within 50 feet of an R zoning [district.
[JURISDICTION GRANTED APRIL 3, 2002.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President McIenrney, the Board voted 4-1 (Commissioner Cullum dissented) to overrule the determination on condition that there be no seating on the subject balcony after 9pm, with adoption of all the conditions as stated in the settlement between the appellant and the Police Department.
SPEAKERS: Jonas P. Ionin, Planning, Officer Edward Anzore, SFPD, Justine DeAlba, agent for Le Colonial, Lt. Bruce Loran, SFPD, Kevin O’Connor, (s), Support of Zoning Administrator: Reiner Newman, Maria M. Muehlegger, Patricia Glasky, Lynn D. W. Luckow, Ray Hori, Tim Dale, Le Colonial, Harry Andre, Genevieve Fraychak, Jose Rodriquez, Patrick Knight, Bradget Hennessy, M. T. Boutin.
(14) APPEAL NO. 01-243
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ANDREW & STACEY
FROST, ROBERT & MARIAN
HEATH, KAREN LARSEN, MICHAEL
SHANE, RONNA STONE, TIMOTHY
SMITH, VERNE & ROBERT DOXEY,
DAVID IRWIN, SUSAN GAMBLE,
DEBORAH & H. BOYD SEYMOUR,
and NANCY & ROGER BOAS, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[3352 Washington Street.
[Appealing a determination dated December [17, 2001, addressed to Alice Barkley, attorney [for owners John & Shirley Oswald, that the [proposed roof structure on the subject [property is a dormer and that it complies with [Planning Code § 261 in terms of area [limitation requirements for permitted [exceptions, and that the proposed roof height [is code complying.
[APPLICATION NO. 2000/06/16/2818.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 4-1 (President Chin dissented) to reschedule the matter to June 12, 2002.
SPEAKERS: Jim Rueben, Alice Barkley.
There being no further business, President Chin adjourned the meeting at 12:10 a.m.
_____________________________________ ____________________________________
Arnold Y. K. Chin, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Esteller Bruihl, the Official Court Reporter.
Telephone: 356-0048.
