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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 12, 2002
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
Present: President Arnold Y. K. Chin, Vice President John McInerney, Commissioner Carole Cullum, Commissioner Allam el Qadah, Commissioner Sabrina Saunders.
Judith Boyajian, Deputy City Attorney for the City Attorney (DCA); Jonas P. Ionin, Sr. Planning Officer, Planning Department for the Zoning Administrator; Laurence Kornfield, Chief Building Inspector, DBI; and Robert Feldman, Executive Secretary for the Board of Appeals; Official Curt Reporter, Easteller Bruihl.
(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:
SPEAKERS: President Chin commented on the late night hearing on June 5, 2002
(3)ADDENDUM ITEMS:
ITEM A: 315 & 319 Edgehill Way. Proposed findings and Notice of Special Restrictions (open space preservation easement) for Appeal Nos. 02-037/038, Forest View LLC vs. DBI, PCD, decided May 15, 2002. Upon motion by Commissioner McInerney, the Board voted 4-1 (President Chin dissented) to overrule the Planning Commission’s denial, and grant both permits with the following conditions: a) that the overall length of the building be reduced from 50 feet to 40 feet; b) that the gross square footage of each house not exceed 3600sf including the garage and storage space; c) that the project sponsor provide a street improvement bond for all roadwork; d) that no construction on the project begin other than foundation work until all roadway widening work in front of all 6 lots intended for development is complete; e) that the project sponsor will record an open space preservation easement for all six lots to be approved by the Board on June 5, 2002; f) that conditions of the Structural Advisory Committee be implemented by the project sponsor; g) and that findings be prepared by the appellant’s attorney for adoption by the Board on June 5, 2002. PUBLIC TESTIMONY HEARD JUNE 5, 2002. FOR FURTHER CONSIDERATION TODAY.
ACTION: Upon motion by Vice President McInerney, the Board voted 5-0 to adopt the findings with the easement as amended.
SPEAKERS: Neil Esenberg, Harry O’Brien
ITEM B: 2518 Union Street. Proposed findings for Appeal No(s). 02-050, Cabi vs. DBI, PCD, decided June 5, 2002. Upon motion by Vice President McInerney, the Board voted 4-1 (President Chin dissented) to uphold the procedural denial (modification) by the Planning Commission, with conditions as stated into the record by Vice President McInerney, and with findings to be adopted by the Board on June 12, 2002.
ACTION: Upon motion by President Chin, the Board voted 5-0 to adopt the findings as amended.
SPEAKERS: David P. Cincotta, Robert J. McCarthy
(4) APPEAL NO. V01-170
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ROSE PARDINI, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[745 Brazil Avenue.
[Appealing denial of Rear Yard Variance (third [floor addition of an existing legal non- [complying dwelling structure located in the [required rear yard)
[VARIANCE CASE NO. 2001.0615V
[PUBLIC HEARING HELD JAN. 16, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Vice President McInerney, the Board voted 4-0-1 (President Chin recused) to uphold the denial of the subject variance.
SPEAKERS: None.
(5) APPEAL NO. 01-040
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RICK HOLMAN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[445 Bryant Street.
[Protesting issuance on January 29, 2001, to [Armax, Inc., Site Permit to Erect a Building [(eight live/work units).
[APPLICATION NO. 2000/09/15/7935S.
[PUBLIC HEARING HELD MAR. 13, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 5-0 to continue the matter to Call of the Chair.
SPEAKERS: Ken Taymor, attorney for Appellant; Laurence Kornfield, DBI; Ahmad Larizadeh.
(6) APPEAL NO. 02-021
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TERRY CHAN, Appellant(s)
TAXI COMMISSION, Respondent
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[Appealing the rescission on January 30, 2002, [of taxicab medallion no(s). 758.
[PUBLIC TESTIMONY HEARD MAY 29, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to uphold the rescission on condition that surrender of the subject medallion be stayed until the appellant becomes eligible for the ramp medallion, at which time the appellant is to surrender the subject medallion (# 758).
SPEAKERS: Naomi M. Little, Taxi Commission; Terry Chan, Appellant, and Mark Gruberg, United Taxicab Workers.
(7) APPEAL NO. 02-020
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DAVID ADAMS, Appellant(s)
TAXI COMMISSION, Respondent
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[Appealing denial on January 30, 2002, of [taxicab medallion no(s). 129.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 3-2 (President Chin & Commissioner el Qadah dissented) to dismiss the matter for lack of subject matter jurisdiction.
SPEAKERS: Naomi M. Little, Taxi Commission,; John H. Feldmann, III, attorney for the Appellant.
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 02-032
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RICHARD OLNESS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[3331 Jackson Street.
[Protesting issuance on February 19, 2002, to [Robert Devlin, Permit to Alter a Building [(retaining wall, fence, lattice, brickwork at rear [yard, provide drainage).
[APPLICATION NO. 2002/02/19/9469.
[FOR HEARING TODAY.
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(8B) APPEAL NO. 02-044
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RICHARD OLNESS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[3331 Jackson Street.
[Protesting issuance on March 14, 2002, to Robert Devlin, Permit to Alter a Building [(retaining wall, fence, lattice, brick work).
[APPLICATION NO. 2002/03/14/1440.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner el Qadah, the Board voted 5-0 to uphold both permits.
SPEAKERS: Richard A. Olness, Appellant, Allan E. Low, attorney for Permit Holder, Susan B. Olness, Laurence Kornfield.
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 02-026
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ADCO OUTDOOR ADVERTISING,
Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. REQUEST FOR SUSPENSION
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[74 Otis Street.
[Appealing the suspension on February 12, [2002, of Permit to Erect a Sign (single [faced wall sign 46’ X 42’ with 1,932sf of [total surface area).
[APPLICATION NO. 9818016.
[FOR HEARING TODAY.
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(9B) APPEAL NO. 02-027
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ADCO OUTDOOR ADVERTISING,
Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. REQUEST FOR SUSPENSION
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[74 Otis Street.
[Appealing the suspension on February 12, [2002, of Permit to Erect a Sign (single [faced wall sign 26’ X 24’ with 624sf of total [surface area).
[APPLICATION NO. 2000/04/26/8334.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to continue the matter to June 26, 2002.
SPEAKERS: Joseph Forest, attorney for Appellant, Janas Ionin, ZA representative.
(10) APPEAL NO. 01-236
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JEFFREY LITKE, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[679-689 Portola Drive.
[Appealing a Notice of Violation dated December [4, 2001, that a habitable bedroom and [bathroom fixtures exist in the 4th floor [penthouse structure which were re-established [without benefit of building permits, in violation of [Notice of Special Restrictions No. E008502 & [Planning Code § 260(b)(1)(B).
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President McInerney, the Board voted 5-0 to overrule the subject Notice of Violation, with a new Notice of Special Restrictions (NSR) to be submitted by the Planning Department, and to be adopted June 26, 2002.
SPEAKERS: Jonas Ionin, Laurence Kornfield, Brendon Wen, attorney for Appellant.
(11) APPEAL NO. 98-117
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EDWARD R. NUNES, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1780 Oakdale Avenue.
[Health Permit Referral determination by the [Zoning Administrator dated June 10, 1998 that [the proposed Non-conforming Commercial [Food Warehouse/Wholesale Sales use in a RH-[1 zone, will terminate at the current five-year [lease expiration on April 30, 2003.
[FOR HEARING TODAY
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ACTION: Rescheduled to Call of the Chair prior to hearing.
SPEAKERS: None.
(12) APPEAL NO. 02-042
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CALVIN LEE, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[344 Taraval Street.
[Appealing a Notice of Violation dated Feb. 26, [2002, addressed to Calvin Lee, that the 2nd [floor residential dwelling unit has been [converted to commercial use as additional [dental office space and storage without the [required conditional use (CU) authorization.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to continue the matter to Call of the Chair.
SPEAKERS: None.
(13) APPEAL NO. 02-034
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CHARLENE ATTARD, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[153 Randall Street.
[Appealing a determination dated February 25, [2002, that the proposed third-story bay window [at the front of the building violates Planning [Code § 136(c)(2).
[FOR HEARING TODAY.
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ACTION: Rescheduled to Aug. 14, 2002 prior to hearing.
SPEAKERS: None.
(14) APPEAL NO. 02-039
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ROBERT & SARAH LESKO, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principals: N/A (Mandatory DR).
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[51-55 Vicksburg Street.
[Appealing denial on March 13, 2002, of Site [Permit to Alter a Building (unit merger from [3-units to 1-unit, kitchen and bath remodel, [deck extension).
[APPLICATION NO. 2001/11/02/2416S.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner el Qadah, the Board voted 5-0 to overrule the Planning Commission’s denial, and grant the permit with findings to be adopted June 19, 2002.
SPEAKERS: Jason Ionin, Christopher Mascone, attorney for appellant.
(15) APPEAL NO. 01-206
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SMITH KETTLEWELL EYE
RESEARCH INSTITUTE (SKERI), Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[2389 Washington Street; 2209, 2232, 2238, [2244 & 2250 Webster Street; 2472 Clay Street; [and 2318 Fillmore Street.
[Appealing determination dated October 22, [2001, that Planning Commission policies [imposing limitations on specific properties as [part of approval actions are part of the Planning [Code and thus enforceable by the Zoning [Administrator, and that the SKERI expansion [into existing structures constitutes "structural [expansion" as prohibited in Planning [Commission Motion No. 5998.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President McInerney, the Board voted 5-0 to overrule the subject determination with findings as amended.
SPEAKERS: John Sanger, Attorney, Jonas Ionin, ZA representative; Alexus M. Pelosi, Attorney.
(16) APPEAL NO. 02-052
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OTTO WIEGAND, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[4001 Mission Street.
[Protesting the issuance on March 12, 2002, to [James O’Donovan, Permit to Demolish a [Building (one-story commercial building).
[APPLICATION NO. 2001/11/06/2561.
[FOR HEARING TODAY.
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ACTION: Withdrawn by the appellant.
SPEAKERS: None.
(17) APPEAL NO. 01-243
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ANDREW & STACEY
FROST, ROBERT & MARIAN
HEATH, KAREN LARSEN, MICHAEL
SHANE, RONNA STONE, TIMOTHY
SMITH, VERNE & ROBERT DOXEY,
DAVID IRWIN, SUSAN GAMBLE,
DEBORAH & H. BOYD SEYMOUR,
and NANCY & ROGER BOAS, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[3352 Washington Street.
[Appealing a determination dated December [17, 2001, addressed to Alice Barkley, attorney [for owners John & Shirley Oswald, that the [proposed roof structure on the subject [property is a dormer and that it complies with [Planning Code § 261 in terms of area [limitation requirements for permitted [exceptions, and that the proposed roof height [is code complying.
[APPLICATION NO. 2000/06/16/2818.
[FOR HEARING TODAY.
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ACTION: Rescheduled to Call of the Chair prior to hearing.
SPEAKERS: None.
There being no further business, President Chin adjourned the meeting at 8:00 p.m.
_______________________________ _________________________________
Arnold Y. K. Chin, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter. Telephone: 348-0050.
