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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

 MEETING MINUTES - WEDNESDAY, JUNE 14, 2006

 

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

 

 

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

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Jonas Ionin, Senior Planner, Planning Department (PD); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; 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:  Rescheduled with mailed notices to July 19, 2006.

 

SPEAKERS: None. 

 

PUBLIC COMMENT: None.

 

 

(3b)  REHEARING REQUEST:                                                

Subject property at 1179-1189 Tennessee Street.  Letter from Regan Carroll, appellant, requesting rehearing of Appeal No. 06-041, Carroll Trust vs. ZA, decided May 17, 2006.  At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the ZA determination  dated March 6, 2006, concerning the routing of all building permit applications, renewals, extensions, addendums, and revisions for the subject property.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5-0 to deny the rehearing  request.

 

SPEAKERS: Regan Carroll, appellant. 

 

PUBLIC COMMENT: None.

 

 

 

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

Subject property at 737 Castro Street.  Permits issued on July 5, 2005, August 22, 2005, and January 23, 2006.  Last day to appeal was July 20, 2005, September 6, 2005, and February 7, 2006, respectively.  Jurisdiction request(s) received on May 4, 2006.  Letter from Isaac Abrams, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2005/07/05/6843, 2005/08/22/0845, and 2005/09/08/2285.  Permit Holder(s): Jorge Chavez and Dean Ballback.  Project, 1st permit: remodel two bathrooms and kitchen.  Project, 2nd permit: replace portion of foundation, concrete cap, north side footing.  Project, 3rd permit: remodel kitchen and baths; three new dormers in attic space; convert attic to master suite; new stairs.  Note:  Appeal No. 06-060, Abrams vs. DBI, PDA, filed on April 21, 2006, protesting a 4th permit (BPA No. 2006/04/18/9218), issued on April 18, 2006, is scheduled for hearing on June 14, 2006.  Project, 4th permit: revision to BPA No. 2005/09/08/2285; show all new framing at rear room; lower back roof 18” and move railing 3’ off south property line; landscape rear yard, retaining walls and fence; comply with NOV nos. 200561712, 20067313, and 200667626). Further Note:  the public hearing on this jurisdiction request was held and closed on May 24, 2006.  For further consideration today.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5-0 to grant the jurisdiction request for permit #2, and to deny the jurisdiction request for permits #1and #3, with the appeal on permit #2 to be heard on July 12, 2006.

 

SPEAKERS: Isaac Abrams, requestor; Jeremy Paul, agent for permit holder; Laurence Kornfield, DBI; Jonas Ionin, PD. 

 

PUBLIC COMMENT: None.

 

 

 

(4)  APPEAL NO. 06-060

ISAAC ABRAMS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

 

737 Castro Street.

Protesting the issuance on April 18, 2006, to Dean Ballback, Permit to Alter a Building (on single-family house: revision to BPA No. 2005/09/08/2285; show all new framing at rear room; lower back roof 18” and move railing 3’ off south property line; landscape rear yard, retaining walls and fence; comply with NOV nos. 200561712, 20067313, and 200667626).

APPLICATION NO. 2006/04/18/9218.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5-0 to continue the matter to July 12, 2006.

 

SPEAKERS: Isaac Abrams, appellant; Jeremy Paul, agent for permit holder; Laurence Kornfield, DBI; Jonas Ionin, PD. 

 

PUBLIC COMMENT: None.

 

 

 

(5)  APPEAL NO. 06-059

RUKHSANA TASNEEM, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

1631 Shafter Street.

Appealing the imposition of penalty imposed on April 21, 2006, for work done without a permit (on single-family house: legalize storage rooms; repair window; repair sheetrock).

APPLICATION NO. 2006/04/17/9153.

FOR HEARING TODAY. 

 

ACTION:  Upon motion by President Fung, the Board voted 5-0 to reduce the penalty to two times the regular fee.

 

SPEAKER: Mohammad Imran Anjum, agent for appellant.

 

PUBLIC COMMENT: None. 

 

 

 

ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:

 

(6A)  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.

 

 

(6B)  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 uphold both permits on condition that revised plans be submitted implementing the recommendations of Mr. Mathison, and on condition that DBI give notice to the appellant regarding the submittal of said  revised plans.

 

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

 

PUBLIC COMMENT: None

 

 

 

(7)  APPEAL NO. 06-062

JONATHAN LOIACONO

& PATRICE THOMPSON, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

442 – 41st Avenue.

Protesting the issuance on April 20, 2006, to Albert DiPadova, Permit to Alter a Building (on single-family house: deck addition, 15’ X 12’, at rear yard).

APPLICATION NO. 2006/04/20/9516.

FOR HEARING TODAY.

 

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5-0 to reschedule the matter to June 21, 2006; afterwards, upon motion by Commissioner Sugaya, the Board voted 5-0 to rescind the motion to reschedule; and finally, upon motion by Vice President Knox, the Board voted 5-0 to uphold the permit.

 

SPEAKERS: Jeremy Paul, agent for permit holder; Jonathan Loiacono, co-appellant; Laurence Kornfield, DBI. 

 

PUBLIC COMMENT: None

 

 

 

There being no further business, President Fung adjourned the meeting at 8: 05 pm.

 

____________________________________

Robert H. Feldman, Executive Secretary

 

 

Transcripts of these hearings can be obtained from official court reporter.