2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 13, 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); Jonas Ionin, Planning Department (PD); Leo McFadden, 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:
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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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(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL :
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Subject property at 22 Alta Street. Letter from DBI Director dated July 28, 2004. Last day to appeal was August 12, 2004. Jurisdiction request received on Sept. 24, 2004. Letter from Angele Solano, attorney for Robert Mahoney, requestor(s), asking that the Board take jurisdiction over a letter by the Director of the Dept. of Building Inspection which states that Building Permit Application No(s). 9710066S has expired.
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ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Chin absent) to grant jurisdiction.
LIST OF PARTIES: Angela Solano, attorney for requestor; Leo McFadden, DBI.
(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL :
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Subject property at 327 – 20th Avenue. Permit issued on Aug. 13, 2004. Last day to appeal was Aug. 30, 2004. Jurisdiction request received on Sept. 7, 2004. Letter from Kenneth Lau requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/08/13/1579 for the purpose of filing a penalty appeal.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Chin absent) to grant jurisdiction.
LIST OF PARTIES: James Lau, agent for requestor; Leo McFadden, DBI.
(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 ON SEPT. 17, 2003.
PUBLIC HEARING HELD & CLOSED ON DEC. 10, 2003.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 4-0-1 (Commissioner Chin absent) to continue the hearing to November 17, 2004.
LIST OF PARTIES: Maria Napuri, wife of Appellant; Jonas Ionin, PD.
(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.
PUBLIC HEARING HELD ON AUGUST 18, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Chin absent) to continue the hearing to November 10, 2004, with DBI to conduct a site visit.
LIST OF PARTIES: Archie Clarizio, attorney for appellant; Leo McFadden, DBI; Mike Rubin, for appellant.
(6) APPEAL NO. 04-087
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HOWARD KOENIG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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4386 – 26th Street.
Protesting the issuance on July 12, 2004, to Paul Weber, Permit to Alter a Building (on single-family house: 3rd story addition and remodel of existing house).
APPLICATION NO. 2002/11/12/1134S.
FOR HEARING TODAY.
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ACTION: (1) Upon motion by Commissioner Saunders, the Board voted 2-2-1 (Commissioner Chin absent) to reschedule the matter; motion failed and the hearing went forward as scheduled. (2) Upon motion by Vice President Sugaya, the Board voted 4-0-1 to uphold the permit with adoption of the Planning Commission’s DR findings.
LIST OF PARTIES: Howard Koening, appellant; Yeonwha Sohn-Weber, wife of Permit Holder; Jonas Ionin, PD.
(7) APPEAL NO. 04-090
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LILY POON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1663 – 32nd Avenue.
Protesting the issuance on July 13, 2004, to Mariya Kurgatnikov, Permit to Alter a Building (on single-family house: add two bedrooms, two bathrooms and relocate utility, laundry on ground floor per plans; add new stair on second floor at rear).
APPLICATION NO. 2004/07/13/8700.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Chin absent) to uphold the subject permit.
LIST OF PARTIES: David Tong, agent for appellant; Jeremy Paul, agent for permit holder.
(8) APPEAL NO. 04-091
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ALAN MACREA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1618 – 33rd Avenue.
Protesting the issuance on July 14, 2004, to Steven Tam, Permit to Alter a Building (on single-family house: revision to Building Permit Application No(s). 2003/05/21/5177; remove and relocate one full bath and replace with ½ bath at garage level and add a new storage room; add a skylight with vent at light court; remove existing kitchen counter, cabinets and sink, and replace with new at 2nd floor; remove dry rot balcony (decorative) at front and replace with metal decorative balcony; relocate master shower; correction for NOV No(s). 200344353).
APPLICATION NO. 2004/06/17/6737.
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 4-0-1 to continue the hearing to November 17, 2004 with DBI to conduct a site visit & report back to the Board.
LIST OF PARTIES: Alan Macrea, appellant; Steven Tam, Permit Holder; Catherine Chu, aunt of appellant; Leo McFadden, DBI.
(9) APPEAL NO. 04-093
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MIAO CHANG LI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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2000 – 46th Avenue.
Appealing the denial on July 13, 2004, of Permit to Alter a Building (on single-family house: new horizontal addition at rear; exercise room, bedroom and full bathroom at ground floor; two bedrooms, full bathroom and study area at second floor).
APPLICATION NO. 2003/11/17/0386S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Chin absent) to overrule the denial for the purpose of reinstating the permit (so that revised plans can be submitted which will then trigger 311 notice & a subsequent DR hearing).
LIST OF PARTIES: Jonas Ionin, PD; Tony Fong, agent for appellant.
(10) APPEAL NO. 04-095
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STEPHEN BACHMAN
dba VINFOLIO LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1890 Bryant Street.
Appealing a determination dated July 22, 2004, addressed to Lynne Carmichael at Hinman & Carmichael LLP, that Planning Code §§ 781.8 & 781.8(a)(2) prohibit the approval of a Type 20 Liquor License (off-sale beer and wine) at the subject property, which is located in the Mission Alcoholic Beverage Special Use Sub-district.
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 4-0-1 to overrule the determination with a finding that the ABC License Types 17 & 20 in combination do not violate the regulations of the Mission Alcoholic Beverage Special-Use District.
LIST OF PARTIES: Jonas Ionin, PD; Lynne Carmichael, attorney for appellant; Stephen Bachman, appellant.
ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 04-094
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OTTO WIEGAND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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4001 Mission Street.
Protesting the issuance on July 16, 2004, to 4001 Mission Street Associates LLC, Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7097S.
FOR HEARING TODAY.
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(11B) APPEAL NO. 04-096
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SHAWN LEONARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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4001 Mission Street.
Protesting the issuance on July 16, 2004, to 4001 Mission Street Associates LLC, Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7097S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Suagya, the Board voted 4-0-1 (Commissioner Chin absent) to reschedule to November 10, 2004.
ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 04-097
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BRENDAN LALOR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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8 Murray Street.
Protesting the issuance on July 29, 2004, to 4001 Mission Street Associates LLC, Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7104S.
FOR HEARING TODAY.
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(12B) APPEAL NO. 04-102
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OTTO WIEGAND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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8 Murray Street.
Protesting the issuance on July 29, 2004, to 4001 Mission Street Associates LLC, Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7104S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Chin absent) to reschedule the matter to November 10, 2004.
There being no further business, President Harrington adjourned the meeting at 10:30 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.
