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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, OCTOBER 20, 2004

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

 

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

ABSENT:  Commissioner Arnold Chin

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.

 

(2)  COMMISSIONERS COMMENTS & QUESTIONS:

 

(3)  ADDENDUM ITEMS

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

Subject property at 49 Dorland Street.  Permit issued on Aug. 23, 2004.  Last day to appeal was Sept. 7, 2004.  Jurisdiction request received on Sept. 16, 2004.  Letter from Raquel Fox, attorney for Linda Castillo et al., requestor(s), asking that the Board take jurisdiction over B.P.A. No(s). 2004/08/23/2295.  Permit Holder(s): John Conomos.  Project: on 3-unit residential building, remodel kitchens in units 1, 2 and 3; remodel existing bathrooms in units 1, 2 and 3; add bathroom to unit 3; add bedroom and bathroom to unit 2; sprinklers under separate permit. 

ACTION: (1) Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Chin absent) to deny the rescheduling request. (2) Upon motion by Commissioner Saunders, the Board voted 4-0-1 (Commissioner Chin absent) to grant jurisdiction.

LIST OF PARTIES: Ariel Gershon, agent for requestor’s; Steven Williams, attorney for Permit Holder. 

 

(4)   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 President Harrington, the Board voted 4-0-1 to continue the hearing to November 17, 2004.

LIST OF PARTIES: Lawrence Kornfield, DBI; Catherine Ferreira, co-appellant; Jay Capela, co-variance holder.

 

(5)   APPEAL NO. 04-066

JAMIE YUEN, Appellant(s)

                        vs.

 

TAXI COMMISSION, Respondent

Appealing the revocation on June 10, 2004, of medallion no(s). 1100.

RESOLUTION NO. 2004-31.

FOR HEARING TODAY.

ACTION: Upon motion by President Harrington, the Board voted 3-0-2 (Commissioners Chin & Saunders absent) to reschedule the hearing to January 26, 2005 at the request of the parties.

 

(6)  APPEAL NO. 04-073

DIANE COHEN, Appellant(s)

                        vs.

TAXI COMMISSION, Respondent

Appealing the revocation on June 18, 2004, of medallion no(s). 1147.

RESOLUTION NO. 2004-37.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Sugaya, the Board voted 3-0-2 (Commissioners Chin & Saunders absent) to reschedule the hearing to January 26, 2005 at the request of the parties.

 

(7)     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 Knox, the Board voted 3-0-2 (Commissioners Chin & Saunders absent) to reschedule the hearing to November 17, 2004 at the request of the parties.

 

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

(8A)  APPEAL NO. 04-074

MICHAEL RABBITT, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

141 Willard Street North.

Appealing the denial on July 8, 2004 of Permit to Demolish a Building (2-unit building with 1,073sf of ground floor area).

APPLICATION NO. 2003/05/22/5283.

FOR HEARING TODAY.

(8B)  APPEAL NO. 04-075

MICHAEL RABBITT, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

141 Willard Street North.

Appealing the denial on July 8, 2004 of Permit to Erect a Building (4-story, 2-unit building with 1,862sf of ground floor area).

APPLICATION NO. 2003/05/22/5280S.

FOR HEARING TODAY.

ACTION: Upon motion by President Harrington, the Board voted 3-0-2 (Commissioners Chin & Saunders absent) to reschedule the hearing to December 1, 2004 at the request of the parties.

 

(9)   APPEAL NO. 04-077

DEL CURTO PROPERTIES, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

 

540 Cole Street.

Appealing the denial on July 14, 2004, of Permit to Alter a Building (correct the record to show R3/1 unit for rear building; to legalize existing unit).

APPLICATION NO. 2004/01/12/3836.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Sugaya, the Board voted 3-0-2 (Commissioners Chin & Saunders absent) to reschedule the hearing to December 8, 2004 at the request of the parties.  

 

(10)   APPEAL NO. 04-082

HARLAN RICHARDSON, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

524 Day Street.

Protesting the issuance on June 30, 2004, to Patty Jepson, Permit to Alter a Building (on single-family house: kitchen and entry remodel; replace windows and garage door).

APPLICATION NO. 2004/06/30/7701.

FOR HEARING TODAY.

ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Chin absent) to uphold the permit on the condition that the front entry landing be moved 3’2” away from the property line.

LIST OF PARTIES: Harlan Richardson, appellant; Patty Jepson, permit holder; Craig Nikitas, PD; Laurence Kornfield, DBI.

 

(11)   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: Upon motion by Commissioner Knox, the Board voted 3-0-2 (Commissioners Chin and Saunders absent) to reschedule the hearing to November 17, 2004 at the request of the parties.

 

(12)  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 Chin absent) to reschedule to November 17, 2004 at the request of the appellant.

LIST OF PARTIES: Rodrigo Galimba, Permit Holder.

 

(13)  APPEAL NO. 04-100

GEORGE & JULIE VAIL, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

163 Rae Avenue.

Protesting the issuance on July 27, 2004, to Yuen Yuen Kwok, Permit to Erect a Building (3-story single family house with 1,900sf of ground floor area). 

APPLICATION NO. 2003/12/08/1787S.

FOR HEARING TODAY.

ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Chin absent) to continue the hearing to December 1, 2004 with the public hearing closed.

LIST OF PARTIES: George Vail, co-appellant; Alfred Lee, agent for permit holder; CJ Higley, attorney for permit holder; Craig Nikitas, PD.

 

There being no further business, President Harrington adjourned the meeting at 6:33 p.m.

________________________________                         

Robert H. Feldman, Executive Secretary

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