2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 18, 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); Jonas Ionin, Planning Department (PD); Leo McFadden, Senior 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:
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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.
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PUBLIC COMMENT: Patricia Vaughey thanked the Board for its decision on a recent appeal.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3A) REHEARING REQUEST(S):
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Appeal No(s). 04-039 & 04-051, Thrupp vs. DBI, PDA & Roberts vs. DBI, PDA. Subject property at 309 Cortland Avenue. Letter from Gordon Thrupp and Donna Roberts, appellant(s), requesting rehearing of Appeal No(s). 03-039 and 03-051, decided July 14, 2004. At that time, upon motion by Commissioner Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the subject permit(s). Project, 1st permit: add “other entertainment”, ie, live DJ; no occupancy load increase allowed; no construction under this permit. Project, 2nd permit: existing soundproofed rear building space; propose to expand existing establishment, including other entertainment uses, into this area; § 312 notice required pursuant to NSR recorded on Feb. 10, 2003. Permit Holder(s); Patrick Corkery.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 5-0 to deny both requests for rehearing.
LIST OF PARTIES: Donna Roberts, appellant/requestor; Gordon Thrupp, appellant/requestor; Mark Rennie, attorney for project sponsor.
PUBLIC COMMENT: None.
(3B) ADOPTION OF FINDINGS:
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Appeal No(s). 04-038, 04-039, 04-041, 04-046, and 04-051, Thrupp vs. ZA, Thrupp vs. DBI, PDA, Thrupp vs. EC, Corkery dba “Charlie’s Club” vs. EC, & Roberts vs. DBI, PDA, respectively. Subject property at 309 Cortland Avenue. If the above rehearing requests (Item 3A) are denied, the Board may then consider the adoption of findings for all five appeals that were filed concerning the subject property. If the above rehearing requests are granted, the Board may then reschedule this adoption of findings to a later date.
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ACTION: Upon motion by President Harrington, the Board voted 5-0 to continue the hearing to September 1, 2004.
LIST OF PARTIES: Catherine Barnes, DCA; Andrew Junius, attorney for project sponsor; Donna Roberts, appellant; Gordon Thrupp, appellant.
PUBLIC COMMENT: None.
(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL :
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Subject property at 3727 Taraval Street. Permit issued on June 4, 2004. Last day to appeal was June 21, 2004. Jurisdiction request received on July 16, 2004. Letter from Stephen Donnelly & Denise Richards Donelly, asking that the Board take jurisdiction over Building Permit Application No(s). 2003/11/25/1114S. Project: on single-family house, add family room, bedroom, bath and laundry at first floor; extend bedrooms and add solarium and bath at second floor. Permit Holder(s): Karen & Timothy Breen.
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ACTION: Upon motion by Commissioner Chin, the Board voted 5-0 to deny the jurisdiction.
LIST OF PARTIES: Steven Donnelly, requestor; Luis Robles, architect for the permit holder; Jonas Ionin, PD; Leo McFadden, SBI DBI.
PUBLIC COMMENT: None.
(3D) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL :
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Subject property at 1961 Hayes Street. Permit issued on May 18, 2004. Last day to appeal was June 2, 2004. Jurisdiction request received on August 2, 2004. Letter from Linda Stockdale, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/05/18/4230 for the purpose of filing a penalty appeal.
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ACTION: Upon motion by Commissioner Chin, the Board voted 5-0 to grant the jurisdiction.
LIST OF PARTIES: Leo McFadden, SBI DBI; Kevin Stockdale agent for appellant.
PUBLIC COMMENT: None.
(4) APPEAL NO. 03-154
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ULYSSES NAPURI
dba “LAST STOP SOUVENIR”, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
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498 Beach Street.
Appealing the denial on May 5, 2003, of a Sidewalk Display Merchandise Permit.
ORDER NO. 174,098.
JURISDICTION GRANTED SEPT. 17, 2003.
PUBLIC HEARING HELD & CLOSED ON DEC. 10, 2003.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to October 6, 2004.
PUBLIC COMMENT: None.
(5) APPEAL NO. 04-035
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CRYSTAL LEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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337 – 28th Avenue.
Appealing the suspension on April 23, 2004, of Building Permit Application No(s). 2003/04/15/2287, 2003/07/15/9528, & 2003/05/27/5515. Reason(s) for suspension: the scope of work and building information described on the building permit applications and approved plans does not reflect the actual condition and legal use of the building.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Chin, the Board voted 5-0 to continue the hearing to October 6, 2004.
LIST OF PARTIES: Leo McFadden, SBI DBI; Jonas Ionin, PD Dept; Archie Clarizio, attorney for appellant; Mike Rubin, for appellant; for David Wong, appellant; for David Grassi, appellant.
PUBLIC COMMENT: Mike Rubin, a friend of Julie Lee, an attorney with Apple Computers said that a contractor found rotten wood and had to be repaired and that the rear of the structure is still there. David Wong spoke in support of the appellant and said there is no evidence of any intent to violate the Codes. David Grassi contractor for the appellant said the building has been shrunk a little and that no floor has been added.
(6) APPEAL NO. 04-055
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LEON & VARTENY
ZENOUNTIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2455 – 18th Avenue.
Protesting the issuance on June 1, 2004, to Suzanne Choy & Bai Than Li, Permit to Alter a Building (on single-family house: revisions to Building Permit Application No(s). 2003/06/30/8351 per plan; correct 2nd floor ceiling height to 8’4”, ground floor ceiling height to 8’2”; correct existing building height (should be lower 20” than building height); addition building height 24’-0” no change).
APPLICATION NO. 2004/06/01/5190.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 5-0 to uphold the permit.
LIST OF PARTIES: Varteni Zenountian, appellant; Thomas Moyer, attorney for permit holder; Pauline Cheng, for permit holder; Kevin Ng, for permit holder; Tranvi Phuong, for permit holder.
PUBLIC COMMENT: Pauline Chang said the permit should be upheld so that the project can be completed as soon as possible. Kevin Ng said the project wouldn’t affect his property. Tranvi Phuong said that the project would also not affect her property.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 04-058
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EDWARD BELASCO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2 Wall Place.
Protesting the issuance on June 3, 2004, to Adrienna Song, Permit to Demolish a Building (one-story, single-family house with 1000sf of ground floor area).
APPLICATION NO. 9918616.
FOR HEARING TODAY.
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(7B) APPEAL NO. 04-059
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EDWARD BELASCO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2 Wall Place.
Protesting the issuance on June 3, 2004, to Adrienna Song, Permit to Erect a Building (4-story, 3-unit residential building with 1,545sf of ground floor area).
APPLICATION NO. 9918617.
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 5-0 to uphold both permits.
LIST OF PARTIES: Elton Blum, attorney for appellant; Joel Yodowitz, attorney for permit holder; Jonas Ionin, PD; Josephine Belasco, wife of appellant; Gary Briggs, for appellant; Ivy Lee, for appellant; John Pun, for permit holder; Thang Nguyen, for permit holder.
PUBLIC COMMENT: (Appellant) Mrs. Belasco, appellant’s mother, spoke in opposition of the project. Gary Briggs said the lane is very turn of the century and the loss of the building would be a loss to the city. Also the proposed building is not in character with the neighborhood; the notice was blocked by a van and not visible to neighbors. Ivy Lee said she feels the building is too big and construction will cause congestion on the street. (Permit Holder) John Pun said there are no reasons to stop this project. Thang Nguyen said that he supports this family project.
(8) APPEAL NO. 04-092
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FELIX ARTS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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143-145 Pfeiffer Street.
Protesting the issuance on March 18, 2004, to Felicia Weston, Permit to Alter a Building (on 2-unit building: interior tenant improvements; work includes remodel of kitchens and bathrooms; electrical and plumbing under separate permit; cabinets, countertops, flooring and fixtures).
APPLICATION NO. 2004/03/18/9082.
BOARD VOTED 4-0 ON JULY 21, 2004 TO GRANT JURISDICTION.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Chin, the Board voted 5-0 to uphold the subject permit.
LIST OF PARTIES: Andrew Westly, attorney for appellant; Felix Arts, appellant and a contractor; Kathleen Callan, attorney for permit holder; Felicia Weston, permit holder.
PUBLIC COMMENT: None.
There being no further business, President Harrington adjourned the meeting at 7:51 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
