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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, FEBRUARY 22, 2006

 

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

 

PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Katharine Albright, Commissioner Michael Garcia, and Commissioner Hisashi Sugaya.

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Senior Planner, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (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.

 

SPEAKERS:  None.

 

 

(2)         COMMMISSIONERS COMMENTS & QUESTIONS: 

 

SPEAKERS:  None.

 

 

(3)    ADDENDUM ITEMS: 

 

(3a)  REHEARING REQUEST:                                                

Subject property at 4201-4211 Judah Street.  Letter from Andrew Zacks, attorney for Bhazubai Patel, Appellant, requesting rehearing of Appeal No(s). 97-165, Patel vs. ZA, decided Feb. 18, 1998.  Upon motion by Commissioner Salgado, the Board voted 1-4 (President Cullum, Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to uphold the subject determination.  Two votes are needed to uphold a departmental action, and thus the motion failed.  Afterwards, upon motion by Commissioner Schwartz, the Board voted 3-2 (President Cullum and Commissioner Salgado dissented) to overrule the subject determination.  Four votes being necessary to overturn any departmental action, the motion failed, and thus the subject determination was upheld.  Then, on April 1, 1998, the Board considered the request for rehearing by the appellant.  At that time, upon motion by Commissioner Salgado, the Board voted 2-3 (Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to deny the request for rehearing.  Afterwards, upon motion by Vice President McInerney, the Board voted 3-2 to continue the matter to await action by the Superior Court.  Note: This matter was returned to the Call of the Chair at the request of both parties in October, 2002.

 

ACTION:  Upon motion by Vice President Knox, the Board voted 5-0 to continue the matter to  April 26, 2006.

 

SPEAKERS:  Jonas Ionin, PD; Andrew Zacks, attorney for appellant.

 

 

(3b)  ADOPTION OF FINDINGS:                                              

Subject property at 1824 Baker Street.  Appeal No(s). 05-191, Wynne vs. DBI, decided February 8, 2006.  At that time, upon motion by Commissioner Sugaya, the Board voted 5-0 to overrule the denial, and grant the permit with findings to be adopted at a later date.  Project: legalize conversion from 7 dwelling units to 2 dwelling units, B.P.A. No. 2003/10/03/6524.

 

ACTION:  Upon motion by President Fung, the Board voted 5-0 to reschedule the matter to    March 1, 2006.

 

SPEAKERS:  Jeremy Paul, agent for appellant; Laurence Kornfield, DBI.

 

 

 

(4)    APPEAL NO. 98-046

GERARDO PINTO & MARIANNE RUDDY,

                                                     Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT DISAPPROVAL

 

1506‑08 Alabama Street.

Denial on March 6, 1998, of permit to Alter a Building (legalize flat on ground floor; add windows in kitchen and living room; add fan and light in bathroom; provide fire wall and door between garage and flat).

APPLICATION NO. 9802518S.

PUBLIC HEARINGS HELD & CLOSED ON NOVEMBER 18, 1998 & FEBRUARY 17, 1999.  FOR FURTHER CONSIDERATION TODAY.

Note: Returned to Call of Chair per Board motion on Oct. 30, 2002.

 

ACTION:  Upon motion by Commissioner Albright, the Board voted 5-0 to continue the matter to  March 22, 2006.

 

SPEAKERS:  Gerardo Pinto, co-appellant; Laurence Kornfield, DBI; Jonas Ionin, PD.

 

 

 

(5)    APPEAL NO. 00-096

TREVOR FOOKS, Appellant(s)

                     vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

1623-1625 Noe Street.

Zoning Administrator's determination dated June 13, 2000 that under the RH-2 zoning of the property, the illegal third basement unit of the two-unit building must be removed, and with certain alterations the space may remain habitable space as part of one of the two lawful units.

PUBLIC HEARING HELD & CLOSED ON JULY 26, 2000.  FOR FURTHER CONSIDERATION TODAY.

Note: Returned to Call of Chair per Board motion on Oct. 30, 2002.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the determination.

 

SPEAKERS:  None.  Appellant did not appear.

 

 

 

(6)    APPEAL NO. 01-040

RICK HOLMAN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

 

 

445 Bryant Street.

Protesting issuance on January 29, 2001, to Armax, Inc., Site Permit to Erect a Building (eight live/work units).

APPLICATION NO. 2000/09/15/7935S.

PUBLIC HEARING HELD & CLOSED ON MAR. 13, 2002 & JUNE 12, 2002.  FOR FURTHER CONSIDERATION TODAY.

Note: Returned to Call of Chair at request of parties, and per Board motion on     Oct. 30, 2002.

 

ACTION:  Upon motion by Vice President Knox, the Board voted 5-0 to revoke the permit.

 

SPEAKERS:  Jonas Ionin, PD; appellant and permit holder did not appear.

 

 

 

(7)  APPEAL NO. 05-128

JAMES WITHRINGTON

dba “GO CAR RENTALS”, Appellant(s)

                        vs.

 

POLICE DEPARTMENT, Respondent

PLANNING DEPT. DISAPPROVAL

2715 Hyde Street.

Appealing the denial on July 7, 2005, of a Driverless Auto Rental Permit (P02).

PUBLIC HEARING HELD & CLOSED ON NOVEMBER 2, 2005.  FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow appellant time to research other possible options with the Planning Department.

 

ACTION:  Upon motion by Vice President Knox, the Board voted 5-0 to continue the matter to  March 22, 2006.

 

SPEAKERS:  Jeremy Paul, agent for appellant; Jonas Ionin, PD.

 

 

(8)  APPEAL NO. 05-174

BING CHEUK LAW, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

 

227-229 – 7th Avenue.

Protesting the issuance on               October 5, 2005, to Mikhail Kurgatnikov, Permit to Alter a Building (on 2-unit building: 1st floor remodel, bedroom and study; 2nd & 3rd floor remodel, kitchen and bathroom; add new bathrooms (interior remodeling); all work is within the existing envelope of building).

APPLICATION NO. 2005/10/05/4858.

PUBLIC HEARING HELD & CLOSED ON DEC. 7, 2005.  FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for permit holder to work with DBI Code Enforcement on stair (2nd means of egress) issue.

 

ACTION:  Rescheduled prior to hearing to March 29, 2006 with the written agreement of all parties.

 

SPEAKERS:  None.

 

 

ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:

 

(9A)    APPEAL NO. 05-200

GUY CARSON, MICHAEL SIDLOW,

& TOM LANGSTON, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

744 Union Street #5.

Protesting the issuance on November 23, 2005, to W.B. Coyle, Permit to Alter a Building (renew B.P.A. No. 2005/04/28/1102; on 6-unit apartment building; remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).

APPLICATION NO. 2005/11/23/8922.

FOR HEARING TODAY.

 

(9B)    APPEAL NO. 05-201

GUY CARSON, MICHAEL SIDLOW,

& TOM LANGSTON, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

744 Union Street #2.

Protesting the issuance on November 23, 2005, to W.B. Coyle, Permit to Alter a Building (renew B.P.A. No. 2005/04/28/1105; on 6-unit apartment building; remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).

APPLICATION NO. 2005/11/23/8924.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Fung, the Board voted 5-0 to uphold both permits on condition that work hours be limited to M-F, 9am to 5pm, with no work on holidays, and on condition that the common areas be kept clean.

 

SPEAKERS:  Dean Preston, attorney for appellants; WB Coyle, permit holder.

 

 

 

ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:

 

(10A)  APPEAL NO. 06-005

DEAN DYER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

 

296 Dalewood Way.

Protesting the issuance on           December 21, 2005, to Sandra Waugh Palmero, Permit to Alter a Building (on single-family house: new retaining wall in rear yard, maximum height at 7’ – 0”).

APPLICATION NO. 2005/09/27/3979.

FOR HEARING TODAY.

 

(10B)  APPEAL NO. 06-006

DEAN DYER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

 

292 Dalewood Way.

Protesting the issuance on           December 21, 2005, to James Wempe, Permit to Alter a Building (on single-family house: new retaining wall in rear yard, maximum height at 7’ – 0”).

APPLICATION NO. 2005/09/27/3974.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Sugaya, the Board voted 5-0 to reschedule both matters to April 19, 2006.

 

SPEAKERS:  Laurence Kornfield, DBI; Richard Grabstein, attorney for appellant; Leslie Johnson, attorney for permit holders.

 

 

 

(11)  APPEAL NO. 06-007

MICHAEL ROSENBERG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

 

1366 San Bruno Avenue.

Protesting the issuance on                January 5, 2006, to Frank Stonich, Permit to Demolish a Building (one-story structure, storage-use, with 425sf of ground floor area).

APPLICATION NO. 2005/11/22/8839.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Vice President Knox, the Board voted 5-0 to uphold the permit.

 

SPEAKERS:  Michael Rosenberg, appellant; Amy Craven, for appellant; Harrison Nam, attorney for permit holder; Laurence Kornfield, DBI; Jonas Ionin, PD; Frank Stonich, permit holder.

 

 

 

There being no further business, President Fung adjourned the meeting at 7:12 p.m.

 

________________________________                         

Robert H. Feldman, Executive Secretary

 

Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter.  TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net.