2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 28, 2004
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Arnold Chin, Vice President Kathleen Harrington, Commissioner Hisashi Sugaya, and Commissioner Sabrina Saunders.
ABSENT: Commissioner Douglas Shoemaker.
Catharine Barnes, Deputy City Attorney (DCA); Craig Nikitas for the Planning Department (PD); Leo McFadden, Senior Building Inspector, Dept. of Building Inspection (SBI DBI); Naomi Little, Executive Director of the Taxi Commission; Executive Secretary Robert Feldman, 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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SPEAKERS: None.
(2) ELECTION OF OFFICERS:
ACTION: Rescheduled to Feb. 4, 2004.
SPEAKERS: None.
(3) COMMISSIONERS COMMENTS & QUESTIONS:.
SPEAKERS: None.
(4) ADDENDUM ITEMS:
(4A) REHEARING REQUEST:
2776 Mission Street; Appeal No(s). 03-013; Low vs. DBI, Planning Dept. Disapproval
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Letter from Dan Sullivan, Agent for Appellant Dennis Low, requesting a rehearing of Appeal No(s). 03-013, decided May 21, 2003. At that time, upon motion by Commissioner Shoemaker, the Board voted 2-3 (President Chin, Vice President Harrington & Commissioner Saunders dissented) to uphold the denial of the subject permit. Four votes being required under Charter § 4.106 to overturn any departmental action, the denial of the subject permit was upheld. Project: abate Notice of Violation No. 200232430; install front roll up gate; remove existing wall to replace existing 2’6” door with a new 3’0” door and 4X8 header with accessible door hardware; the gate is for security purposes, thus closed grill; retail open from 9am to 9pm.
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ACTION: Upon motion by Vice President Harrington, the Board voted 3-1-1 (Commissioner Sugaya dissented, Commissioner Shoemaker absent) to grant the rehearing request. Four votes being required to grant such a request, the rehearing request was denied.
SPEAKERS: Dan Sullivan agent for appellant, asked the Board to grant a rehearing so a new decision could allow the owner to amortize his investment in the gate, and said that the high crime rate in the area justifies the gate which is similar to ones in the area for other businesses. Craig Nikitas, PD, said he did not object to a rehearing, and that if the matter was continued the appellant could try other devises that might conform to the Code, and that the standard may be a variable one. No public comment.
(4B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 2531-2533 Baker Street; Permit issued on December 24, 2003
Last day to appeal was January 8, 2004; Jurisdiction request received January 12, 2004
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Letter from Richard Lund, attorney for requestor Lonna Wais, asking that the Board take jurisdiction over Building Permit Application No(s). 2000/01/28/559S. Project: on two-family house, complete interior and exterior remodel of existing residence combined with 4,877sf of new construction (including basement, attic, garage and habitable space) to create a new single family residence with tandem off-street parking in garage; combine two units into one. Permit Holder(s): Tamar Fruchtman.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to grant the jurisdiction request, and for the appeal to be scheduled as soon as possible.
SPEAKERS: Richard Lund, attorney for requestor, said that his client, who recently purchased the building, had not received any notice of the issuance of the permit and that the notice had been sent to the former owner who had not passed it along to her, and that his client had notice on the last day to file. Craig Nikitas, PD, said he had no objection to the request. Tamar Fruchtman, permit holder, said she has tried to sit down with the requestor, but the requestor refused to, and then went on to describe her project. Leo McFadden, SBI, DBI, described the notification procedures under the Building Code. No public comment.
(5) APPEAL NO. 03-044
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JOHN ARKEDER, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on March 19, 2003, of taxicab medallion No. 1167.
RESOLUTION NO. 2003-09.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the appeal to March 10, 2004.
SPEAKERS: Geoffrey Rotwein, attorney for appellant, asked for a rescheduling due to the absence of the Commissioner Shoemaker. Naomi Little, ED TC, did not object to the request.
(6) APPEAL NO. 03-068
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JAMES NEILLY, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on April 23, 2003, of medallion No. 897.
RESOLUTION NO. 2003-26.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the appeal to March 10, 2004.
SPEAKERS: Geoffrey Rotwein, attorney for appellant, asked for a rescheduling due to the absence of the Commissioner Shoemaker. Naomi Little, ED TC, did not object to the request.
(7) APPEAL NO. 01-115
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THERESA ISSERMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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700 Vermont Street.
Protesting issuance on June 20, 2001, to Raymond & Hazel Guaraglia, Permit to Alter a Building (demolish existing non-compliant residential units per Notice of Violation No. 200114983; remove all utilities to ground level; convert to original commercial space with no structural work to be done).
APPLICATION NO. 2001/06/20/1935.
PUBLIC TESTIMONY HEARD 6/19/03.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the appeal to April 14, 2004 at the written request of the parties.
SPEAKERS: None.
(8) APPEAL NO. 03-150
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JESSIEKA DETRINIDAD, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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737 Pine Street.
Appealing a determination dated July 7, 2003, addressed to Niall MacCormack, that the proposed conversion of storage space to a dwelling unit in this 39-unit apartment building would constitute an intensification of a legal non-conforming use, which is prohibited under Planning Code § 181(a).
JURISDICTION GRANTED SEPT. 17, 2003.
PUBLIC HEARING HELD DEC. 10, 2003.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the appeal to March 10, 2004, with the public hearing remaining closed.
SPEAKERS: Jessieka deTrinidad, appellant, asked the Board to go forward with the hearing with only four members present. She described the small unit and the history of the building which was built as a 41-unit apartment house, and that the area to be converted back to residential use would be the 40th unit. Catharine Barnes, DCA, answered legal questions for the Board, and said the facts are clear in this case. Leo McFadden, SBI, DBI, said with more time he can get the permits approved over the years. Craig Nikitas, PD, said the problem is that the permit was issued to convert the former unit to storage space, and now it cannot be recreated because of the density requirements which cannot be waived even though the parking requirement is met for the 40th unit.
(9) APPEAL NO. 02-204
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LEE & RUTH ANN SEWARD,
THOMAS & JODY ROBERTSON,
SYDNEY GOLDSTEIN, STEVE &
BRENDA BOTTUM, & RICK ELLIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2736 Pierce Street.
Protesting the issuance on October 7, 2002, to P.Q. & June Chin, Permit to Alter a Building (sun deck on top of existing roof, 42” high rail, 4X4 post secured to existing structure(roof)).
APPLICATION NO. 2002/10/07/8421.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the appeal to March 24, 2004 at the written request of the parties.
SPEAKERS: None.
(10) APPEAL NO. 03-129
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COLMAN BURKE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: N/A (Mandatory DR)
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1238 Masonic Avenue.
Appealing the denial on August 21, 2003, of Permit to Alter a Building (change two-family dwelling to single-family dwelling).
APPLICATION NO. 2003/01/14/5103
FOR HEARING TODAY.
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ACTION: Upon motion by vice President Harrington, the Board voted 4-0-1 (Commissioner Shoemaker absent) to overrule denial and grant the permit with adoption of findings at a later date.
SPEAKERS: Craig Nikitas, PD, explained the Commission’s denial of the application for unit merger, and said the long permit history shows it is a two-family house. Joel Yodowitz, attorney for appellant, gave the history of Burke family’s ownership of the property, and said they purchased the building for one-family use which they thought was the lawful use, but they had no counsel at the Planning Commission hearing, and that they would not have purchased it if they could not use it as a single-family house. Coleman Burke, appellant, said that there is no evidence that there is a second unit since there is only one kitchen in the building. No public comment.
(11) APPEAL NO. V03-146
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JOHN ZERBE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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341 Arkansas Street.
Appealing the denial on September 19, 2003, of a Parking Variance (proposal is to add a second dwelling unit to the existing single-family house without providing the required additional parking space).
VARIANCE CASE NO. 2003.0116V.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the denial.
SPEAKERS: Craig Nikitas, PD, said that revised plans have been submitted by the appellant which complies with the Code so that no variance is necessary for the project. Appellant did not appear.
(12) APPEAL NO. 03-196
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FRANCIS DAVID RYAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1018 Clayton Street.
Protesting the issuance on September 22, 2003, to Gunther Dertz, Permit to Alter a Building (on single-family house: construct 7’ X 36” high one-hour fire rated parapet on roof at south side).
APPLICATION NO. 2003/09/22/5414.
JURISDICTION GRANTED NOV. 12, 2003.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to continue the matter to March 24, 2004, with the public hearing closed.
SPEAKERS: Christine Ryan, wife of appellant, explained their concerns with the project which will block the only windows in the kitchen. Gunther Dertz, permit holder, said that he does not want to block the appellant’s .light, and that he was told that glass could be substituted for the solid wall. Craig Nikitas, PD, said that fire-rated glass was recommended by the Chief Building Inspector. Leo McFadden, SBI, DBI, said that there are other ways to insure fire protection than a parapet, and that a parapet is not required in this instance. No public comment.
There being no further business, President Chin adjourned the meeting at 7:18 p.m.
______________________________ _________________________________
Arnold Y.K. Chin, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
