To view graphic version of this page, refresh this page (F5)

Skip to page body

Meeting Information



2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 

 

BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, MAY 24, 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); Leo McFadden, Senior 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: Jonas Ionin, PD.

 

 

 

(2)         COMMMISSIONERS COMMENTS & QUESTIONS: 

 

SPEAKERS: None.

 

 

 

(3)    ADDENDUM ITEMS: 

 

(3a)  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).

 

ACTION:  Upon motion by Commissioner Albright, the Board voted 3-1-1 (Commissioner Sugaya dissented and Commissioner Garcia absent) to continue the matter to June 14, 2006.

 

SPEAKERS: Nat Abrams, requestor; Jeremy Paul, agent for permit holder; Leo McFadden, DBI. 

 

PUBLIC COMMENT: None.

 

 

 

(3b)  ADOPTION OF FINDINGS:                                                

Subject property at 1028 Market Street / 61 Golden Gate Ave.  Appeal No. 05-213,        Howard Hsu dba Hollywood Billiards / Club Q vs. EC, decided May 3, 2006.  At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold the denial of the Place of Entertainment and Extended Hours Premises Permits, and to overrule the denial of the Billiards Permit, with findings to be adopted at a later date.

 

ACTION:  Upon motion by Commissioner Sugaya, the Board voted 5-0 to adopt the findings as amended.

 

SPEAKERS: Mark Rennie, attorney for appellant. 

 

PUBLIC COMMENT: None.

 

 

 

(3c)  REHEARING REQUEST:                                                

Subject property at 1847 Scott Street.  Letter from David Cincotta, attorney for Sandra Whitman, appellant, requesting rehearing of Appeal No. 06-032, Whitman vs. DBI, PDA, decided April 26, 2006.  At that time, upon motion by Vice President Knox, the Board voted 5-0 to uphold the subject permit on condition that the penthouse be removed from the top floor.  Permit Holder: Brian Groner.  Project: on single-family house, construction drawings for additional scope of work to previous permits, BPA Nos. 2003/03/24/0454 and 2003/08/06/1394; site permit to include additions as noted by inspectors; rear stairs and penthouse to be less than 150sf; 2-story vertical addition; BPA No. 2003/09/17/5059S.

 

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

 

SPEAKERS: David Cincotta, attorney for appellant; Andrew Junius, attorney for permit holder. 

 

PUBLIC COMMENT: None.

 

 

 

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

Subject property at 136 Lundys Lane.  Permit issued on April 14, 2006.  Last day to appeal was May 1, 2006.  Jurisdiction request received on May 12, 2006.  Letter from James Hurley, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2006/04/14/9052.  Permit Holder(s): Jeffrey Delleo.  Project: on single-family house, replace existing fence and deck in kind with exception of firewall instead of fence on property line.

 

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

 

SPEAKER: James Hurley, requestor; Jeffrey Delleo, permit holder; Leo McFadden, DBI. 

 

PUBLIC COMMENT: None.

 

 

 

 

(4)    APPEAL NO. 06-030

ISA MUHAWIEH, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

 

1409 Castro Street.

Appealing the denial on March 1, 2006, of Permit to Alter a Building (change of occupancy; change of use from single-family residence to retail).

APPLICATION NO. 2005/05/02/1317.

PUBLIC HEARING HELD AND CLOSED ON APRIL 26, 2006.  FOR FURTHER CONSIDERATION TODAY.  Note:  Matter continued to allow time for appellant to research alternative options pursuant to the Board’s comments.

 

ACTION:  Upon motion by Vice President Knox, the Board voted 4-0-1 (Commissioner Garcia absent) to reschedule the matter to July 12, 2006 at the written request of the parties.

 

SPEAKERS:  None.

 

PUBLIC COMMENT: None.

 

 

 

(5)  APPEAL NO. 05-171

YUE ZHEN OU, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

260 Kearny Street.

Appealing a Health Permit Zoning Referral, dated July 20, 2005, addressed to Yue Zhen Ou, which disapproves the proposed massage establishment use because such use is not permitted within the C-3-O (Downtown Office) zoning district under     § 218.1 of the Planning Code.

JURISDICTION GRANTED OCT. 5, 2005.

PUBLIC HEARING HELD & CLOSED ON DEC. 7, 2005. FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for appellant to seek a solution.

 

ACTION:  Withdrawn by appellant. 

 

SPEAKERS:  None.

 

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 4-0-1 (Commissioner Garcia absent) to reschedule both matters to June 14, 2006 at the written request of the parties.

 

SPEAKERS:  None.

 

PUBLIC COMMENT: None.

 

 

 

(7)  APPEAL NO. 06-028

KEVIN HICKS, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

1745-1755 Market Street.

Appealing a Notice of Violation dated February 13, 2006, addressed to Faiq & Diana Khouri and Kevin Hicks, concerning the legality of the general advertising sign located on the western side of the building.

FOR HEARING TODAY.

ACTION:  Upon motion by Vice President Knox, the Board voted 5-0 to uphold the Notice of Violation.

 

SPEAKERS: Jonas Ionin, PD; Alice Barkley, attorney for appellant; Jared Eigerman, attorney for Clear Channel; Faiq Khouri, subject property owner.

 

PUBLIC COMMENT: None.

 

 

 

 

(8)    APPEAL NO. 06-045

RISA TEITELBAUM,

HILL STREET NEIGHBORS,

& LIBERTY HILL NEIGHBORHOOD ASSOCIATION, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

1058 Valencia Street.

Protesting the issuance on March 17, 2006, to Chris Tsang, Permit to Alter a Building (install walk-in cooler/freezer, hood, sewer lines for new sinks and restroom, partition walls, relocate restrooms).

APPLICATION NO. 2006/02/02/3626.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Vice President Knox, the Board voted 4-0-1 (Commissioner Garcia absent) to revoke the permit with the following finding: revocation done at the request of the permit holder.

 

SPEAKERS: Lee Quan, permit holder.

 

PUBLIC COMMENT: None.

 

 

 

 

(9)    APPEAL NO. 06-047

JEFF WONG, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

2458 Bayshore Blvd.

Appealing a determination dated March 13, 2006, addressed to Jeff Wong, regarding the proposal for a massage establishment at the subject property.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4-1 (Vice President Knox dissented) to uphold the Zoning Administrator determination.

 

SPEAKERS: Jonas Ionin, PD; Jeffrey Allen, attorney for appellant; Leo McFadden, DBI; Jeff Wong, appellant. 

 

PUBLIC COMMENT: None.

 

 

 

(10)    APPEAL NO. 06-049

SAVE OUR PRIVACY & PROPERTY

VALUES ASSOCIATION, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

259 Staples Avenue.

Protesting the issuance on March 14, 2006, to Herbert Yee & Judith Serin, Site Permit to Alter a Building (on single-family house: new room and bath over existing garage at rear; garage is separate structure at rear with access from private alley; no work at existing residence).

APPLICATION NO. 2005/02/22/5935S.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Vice President Knox, the Board voted 5-0 to uphold the permit with revised plans as agreed to by the parties (drawing submitted at the hearing).

 

SPEAKERS: Caspar Mol, agent for appellant; Leal Charonnat, agent for permit holder. 

 

PUBLIC COMMENT: None.

 

 

 

 

There being no further business, President Fung adjourned the meeting at 9:00 p.m.

 

____________________________________

Robert H. Feldman, Executive Secretary

 

 

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