To view graphic version of this page, refresh this page (F5)

Skip to page body

Meeting Information



2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, JULY 28, 2004

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

PRESENT: President Kathleen Harrington, Vice President Hisashi Sugaya, Commissioner Arnold Chin, Commissioner Sabrina Saunders, and Commissioner Randall Knox.

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (DCA OCA); Craig Nikitas, Planning Department (PD); Laurence Kornfield, Chief 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.

PUBLIC COMMENT: Patricia Vaughey thanked the Board for a recent decision. Laurence Kornfield, CBI DBI, reported to the Board on his visit to 143-145 Pfiefer St. 

 

(2)  COMMISSIONERS COMMENTS & QUESTIONS:

SPEAKERS: None.

 

(3)  SPECIAL ITEM:

Presentation to Douglas Shoemaker, Commissioner of the Board of Appeals (October 2001 to June 2004).

 

(4)   SPECIAL ITEM

Public hearing, discussion and adoption of the Board of Appeals Incompatible Activities Statement as required by the San Francisco Campaign and Governmental Conduct Code § 3.218.  Copies are available at the Board office.  Please address comments to Executive Secretary Robert Feldman, Board of Appeals, 1660 Mission Street #3036, SF, CA 94103.  Telephone (415) 575-6880, fax (415) 575-6885, or email at robert.feldman@sfgov.org.

ACTION:  Rescheduled to September 1, 2004.

SPEAKERS:  None.

 

(5)   ADDENDUM ITEMS

(5A)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL :                                                                               

Subject property at 2775 Filbert Street.  Permit issued on May 28, 2004.  Last day to appeal was June 14, 2004.  Jurisdiction request received on July 16, 2004.  Letter from Patricia Vaughey, asking that the Board take jurisdiction over Building Permit Application No(s). 2004/05/28/5113.  Project: on single-family house, install redwood fence as per plan 10’-0” in height around property.  Permit Holder(s): Tina Bartlett.

ACTION:  Upon motion by Vice President Sugaya, the Board voted 5-0 to grant the jurisdiction request, and for the Planning Department to conduct a site visit prior to the hearing.

LIST OF PARTIES: Patricia Vaughey, requestor; Tina Bartlett, permit holder.

PUBLIC COMMENT: None. 

 

(5B)  REHEARING REQUEST(S):

Appeal No(s). 03-051 & 03-066, Page et al. vs. ZA Subject property at 21 Buena Vista East Avenue.  Letter from Andrew Zacks, attorney for appellants Ken Page et al., requesting rehearing of Appeal No(s). 03-051 & 03-066, decided June 23, 2004.  At that time, upon motion by Commissioner Shoemaker, the Board voted 3-1-1 (President Harrington dissented, Commissioner Chin absent) to uphold both determinations.  First ZA determination: that the subject property has a legal authorized use of 14 residential guest rooms and 1 dwelling unit, that residential guest rooms constitute “group housing” under § 209.2 of the Planning Code, that this group housing constitutes a permitted conditional use since it was established prior to the enactment of Conditional Use (CU) requirements for this use, and that this permitted conditional use shall be considered abandoned 3 years from the last legal date of residency of the last resident of these guest rooms.  Second ZA determination: that the proposed physical modifications to various residential guest rooms at the subject property would result in less viable guest rooms and would constitute a partial conversion of the structure to single family-use from its current legal authorized use of 14 residential guest rooms and 1 dwelling unit, in violation of Planning Code.

ACTION: Upon motion by Commissioner Chin, the Board voted 2-3 to grant the RR, the motion failed and the request was denied.

LIST OF PARTIES:   Andrew Zacks, attorney requestors/appellants, submitted on his papers; Craig Nikitas, PD.

PUBLIC COMMENT: None.

 

(6)   APPEAL NO. V03-209

CATHERINE FERREIRA

& ANN FERREIRA, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

1120-1122 Vallejo Street.

Protesting the granting on Dec. 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 the following 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.

FOR REHEARING TODAY.

ACTION: Upon motion by President Harrington, the Board voted 4-1 to continue the appeal to August 25, 2004.

LIST OF PARTIES: Christopher Moscone, attorney for appellant; Rodrigo Santos, engineer for appellant; Jay Capela, permit holder; Catherine Ferreira, Co-Appellant.  

PUBLIC COMMENT: John Glugowski explained why he had withdrawn his appeal, his issue being different from the appellants.

 

ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:

(7A)   APPEAL NO. 04-023

ERIC DEEDS, RICHARD HSU,

& JOMA JONES, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

116-118 Beulah Street.

Appealing a Permit Suspension Request dated March 19, 2004, addressed to Dept. of Building Inspection Director Frank Chiu, asking that Building Permit Application No(s). 2003/12/10/2000 be suspended for the following reason(s):  the permit was issued in error because it was not routed to the Planning Dept. for notification to affected tenants and owners which is required for horizontal expansions into light wells. 

FOR HEARING TODAY.

PUBLIC COMMENT: None.

 

(7B)   APPEAL NO. 04-053

KATHERINE ROBERTS, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

116-118 Beulah Street.

Protesting the issuance on May 27, 2004, to Eric Deeds et al., Permit to Alter a Building (on 2-unit residential building: application submittal to City Planning for review of horizontal expansion of garage into a light well; previously issued in-kind under Building Permit Application No(s). 2003/12/10/2000).

APPLICATION NO. 2004/04/13/1159.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Chin, the Board voted 5-0 to uphold the subject permit.

LIST OF PARTIES: Craig Nikitas, SP DCP; Joma Jones, permit holder; Mark Trebek, attorney for appellant; Katherine Roberts, appellant; Howard Herships, agent for appellant; Laurence Kornfield, DBI.

PUBLIC COMMENT: (For Appellant) Howard Hership said the soil from the excavation was never properly held back and it is causing a cave-in and there was never proper notice to neighbors. (Appellant) Katherine Roberts described her problem with one of the workers on the job who she said had threatened her.  

 

(8)    APPEAL NO. 04-040

MACKENZIE GREEN, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION,

                                             Respondent

PLANNING DEPT. APPROVAL

 

835 Bryant Street.

Protesting the issuance on April 28, 2004, to Pacific Bonding Corporation, Permit to Alter a Building (build 10’ X 26’ modular addition off-site and attach to existing 300sf building; add new 200amp single phase main meter panel; install rain gutter between existing building and new modular addition). 

APPLICATION NO. 2004/04/28/2517.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Chin, the Board voted 5-0 to uphold permit with conditions. Conditions of approval are that NSR be recorded, 30-gallon trash be provided for customers use, that janitorial service be provided within 100 feet of premises, that office entry and restroom be ADA accessible, that permit holder designate a contact person to Z.A. to deal with compliance issues.

LIST OF PARTIES: Michael Fiumara, attorney for appellant; Peter Botz, attorney for permit holder; Craig Nikitas, ZA; Laurence Kornfield, CBI DBI.

PUBLIC COMMENT: (For Appellant) Gerrie Scott described her effort to keep the neighborhood clean. Richard Shickman said he has an office on Boardmen Place and described the mess in the area. Scott Krieger described his efforts to keep the neighborhood clean. Geri Campana said that someone must be required to keep the rear area clean.  

 

(9)    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 Vice President Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to move the appeal to August 25, 2004.

SPEAKERS: None.

 

(10)    APPEAL NO. 04-054

NASEEF MUSLEH, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION,

                                             Respondent

PLANNING DEPT. DISAPPROVAL

 

1101 Oak Street.

Appealing the denial on June 3, 2004, of Permit to Alter a Building (on multi-family/commercial building: separate clergy living quarters from pre-existing church space to establish as a separate dwelling unit).

APPLICATION NO. 2004/02/11/6167.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Sugaya, the Board voted 4-1(Commissioner Chin dissented) to overrule denial and grant the permit as stated by Vice President Sugaya.

LIST OF PARTIES: Craig Nikitas, permit holder; Jeremy Paul, consultant to the appellant.

PUBLIC COMMENT: None.

 

There being no further business, President Harrington adjourned the meeting at 8:55 p.m.

________________________________                         

Robert H. Feldman, Executive Secretary

Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.