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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, SEPTEMBER 1, 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); Julian Banales, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (CBI 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)  REHEARING REQUEST:                                                                   

Appeal No(s). 04-053, Roberts vs. DBI, PDA.  Subject property at 116-118 Beulah Street.  Letter from Katherine Roberts, appellant(s), requesting rehearing of Appeal No(s). 04-053, decided July 28, 2004.  At that time, upon motion by Commissioner Chin, the Board voted 5-0 to uphold the subject permit.  Project: 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.  Permit Holder(s): Eric Deeds et al.

ACTION: Upon motion by President Harrington. The Board voted 4-0-1 (Commissioner Chin absent) to reschedule the hearing to September 8, 2004.

LIST OF PARTIES: Howard Hership, agent for appellant; Joma Jones, co-permit holder. 

PUBLIC COMMENT: None.

 

(3B)  ADOPTION OF FINDINGS:

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.  Note: Hearing on adoption of findings held on August 18, 2004.  For further consideration today. 

ACTION: Upon motion by President Harrington, the Board voted 3-0-2 (Commissioner Chin & Saunders absent) to adopt the findings with the clerical correction as stated by Andrew Junius.

LIST OF PARTIES: Andrew Junius, attorney for permit holder; Gordon Thrupp, appellant.

PUBLIC COMMENT: None.

 

(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 the In-Limbo calendar.

PUBLIC COMMENT: None.

 

(5)   APPEAL NO. 04-024

JOHN ATWATER

& DIANA NELSON, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

 

 

3746 Jackson Street.

Appealing a determination dated March 16, 2004, addressed to David Cincotta, that the proposed expansion, which is not within the front portion of the property where a height increase is permitted, and which, in any case, extends above the 35 foot absolute height limit, would not be allowed under Planning Code §§ 261(b)(1), 261(c), 261(c)(1), and 261(c)(2). 

FOR HEARING TODAY.

ACTION: Upon motion by President Harrington, the Board voted 3-0-2 (Commissioner Chin & Saunders absent) to reschedule the hearing to September 29, 2004.

LIST OF PARTIES: David Cincotta, attorney for appellant.

PUBLIC OMMENT: None.

 

(6)  APPEAL NO. 04-065

PEGGY GALEB & JOHN WHITE, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

2349 Franklin Street.

Appealing the denial on June 21, 2004, of Permit to Alter a Building (unit merger from three units to two units; HIS records indicate four units; B.P.A. No(s). 8904760 (expired) to alter from four units to three units, and B.P.A. No(s). 2000/11/29/6746 (cancelled) to alter from three units to two units; to establish record from three units to two units in 2003). 

APPLICATION NO. 2003/11/21/0857.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1(Commissioner Chin absent) to continue hearing to September 22, 2004.

LIST OF PARTIES: Julian Banales, PD; Gary Jerabeck, agent for appellant; Laurence Kornfield, DBI.  

PUBLIC COMMENT: None.

 

(7)  APPEAL NO. 04-067

TATYANA PELESHENKO

& NATALYA GOLUBCHIKOV, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

2335 – 26th Avenue.

Protesting the issuance on June 15, 2004, to Victoria Ayala, Permit to Alter a Building (on single-family house: demolish kitchenette per NOV; restore bedroom).

APPLICATION NO. 2004/06/15/6484.

FOR HEARING TODAY.

ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Chin absent) to reschedule the hearing to September 8, 2004 and also for the Appellant to submit a letter of withdrawal.

PUBLIC COMMENT: None.

 

(8)  APPEAL NO. 04-069

ROB CASSIL, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

 

 

851 Post Street.

Appealing the denial on July 1, 2004, of Permit to Alter a Building (correct the record and restore legal use of building to 23 units; Certificate of Final Completion No(s). 399417 issued Feb. 21, 1980 shows 22 apartments; to clarify merger of units 3 and 3A; there is no change in numbers of rooms or floors of occupancy).

APPLICATION NO. 2004/06/18/6770.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Chin absent) to overrule denial and grant the permit with a finding that the legal use of the building is 23 units.

LIST OF PARTIES: Jeremy Paul, agent for appellant; Laurence Kornfield, CBI DBI.

PUBLIC COMMENT: None.

 

 

There being no further business, President Harrington adjourned the meeting at 5:57 p.m.

________________________________                         

Robert H. Feldman, Executive Secretary

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