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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, DECEMBER 15, 2004

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

PRESENT: President Kathleen Harrington, Vice President Hisashi Sugaya, Commissioner Frank Fung (left meeting at 6:09pm), Commissioner Sabrina Saunders, and Commissioner Randall Knox.

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (DCA OCA); Jonas Ionin, Planning Department (PD); Leo McFadden, Senior Building Inspector, Dept. of Building Inspection (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:                                                

Subject property at 1170-1180 Green Street.  Letter from Kathleen Courtney, agent for Russian Hill Community Association, appellant(s) / requestor(s), requesting rehearing of Appeal No(s).  04-070, decided on November 10, 2004.  At that time, upon motion by Commissioner Fung, the Board voted 5-0 to uphold the subject permit on condition that the skylight not exceed 3 feet in height as measured from the finished elevation of the ceiling.  Project: on 6-unit apartment building, expansion of building by addition of partial 3rd floor, renovation of 2nd floor, and conversion of some crawl space to automobile parking.  Permit Holder(s): Jeffrey Horowitz.

ACTION: Upon motion by Commissioner Saunders, the Board voted 5-0 to deny the Request for Rehearing.

LIST OF SPEAKERS: Kathleen Courtney, agent for appellant; Jeremy Paul, agent for permit holder; Jonas Ionin, PD.

PUBLIC COMMENT: (For Appellant) Michele Sudduth. John Bardis for Coalition of San Francisco Neighborhoods said that height discrepancy is a material fact that justified a rehearing.

 

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

Subject property at 1290 Chestnut Street.  Permit issued on September 8, 2004.  Last day to appeal was September 23, 2004.  Jurisdiction request received on November 29, 2004.  Letter from Madeline Camisa, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/09/08/3605.  Project: on an office building, convert office to laundry, and a small 4’6” X 8’0” addition (one-story addition on the NE corner).  Permit Holder(s): Cheryl Chen, Shih Hsiang and Chiu-Hung To Chen.  Note:  Appeal No(s). 04-131, Sheppard vs. DBI, PDA, was filed by Douglas Sheppard against the subject permit on September 23, 2004 and then withdrawn by the appellant on Nov. 17, 2004.

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

LIST OF PARTIES: Madeline Camisa, requestor; Kung-Kay Chin, agent for permit holder.

 

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

Subject property at 193 Lower Terrace.  Permit issued on March 12, 2004.  Last day to appeal was March 29, 2004.  Jurisdiction request received on November 18, 2004.  Letter from Bob Wheeler, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/08/28/3384.  Permit Holder(s): Mahmoud Larizadeh.  Project: on 2-unit building, alteration to existing building; new garage; lift building to create garage.  Note: Public hearing held on December 8, 2004.  For further consideration today.

ACTION: Upon motion by Vice President Sugaya, the Board voted 4-1 (Commissioner Saunders dissented) to grant jurisdiction.

LIST OF PARTIES: Jonas Ionin, PD.

 

(4)  APPEAL NO. V04-135

STEPHAN SMITH & ALEX AGBAY, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

23 Eureka Street.

Protesting the granting on September 24, 2004, to Holger Menendez (Subject Property Owners Nancy & Patrick Hamill), Rear Yard Variance (proposal is to raise by 5’-6” the rear building that encroaches into the required rear yard to create habitable area at the ground floor).

VARIANCE CASE NO. 2004.0070V.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Sugaya, the Board voted 5-0 to reschedule the hearing to January 19, 2005 & to list it first on the agenda.

LIST OF PARTIES: Jak Marquez, attorney for appellant; Nancy Hamill, co-variance holder.

 

(5)   APPEAL NO. 04-035

CRYSTAL LEI, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

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 AUG. 18, 2004.

FOR FURTHER CONSIDERATION TODAY.

ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to continue the hearing to January 19, 2005.

LIST OF PARTIES: Archie Clarizio, attorney for appellant; Leo McFadden, DBI; Jonas Ionin, PD.

 

(6)  APPEAL NO. 04-068

TERRANCE FORGETTE, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

239 Greenwich Street.

Appealing the suspension on June 15, 2004, of Building Permit Application No(s). 2003/10/06/6615.  Reason(s) for suspension: the project (stair reconstruction) requires a Certificate of Appropriateness and thus was approved in error by the Planning Department. 

FOR HEARING TODAY.

ACTION: Upon motion by President Harrington, the Board voted 5-0 to reschedule the hearing to January 26, 2005 at the request of the parties.

SPEAKERS: None.

 

 

(7)  APPEAL NO. 04-119

YIM HO & CHEUNG KAM LEUNG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

§ 14 Parties:  PING WONG & YU CHAN WONG

 

331 Girard Street.

Appealing the denial on September 3, 2004, of Permit to Alter a Building (on single-family house: repair fire damage; interior alteration; add one story plus rear addition; and one more unit).

APPLICATION NO. 2003/12/01/1345S.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Saunders, the Board voted 4-0-1 (Commissioner Fung absent) to reschedule the hearing to January 19, 2005.

LIST OF PARTIES: Jay Drake, attorney for appellant; Clement Cheung, Section 14 party.

 

 

(8)  APPEAL NO. 04-120

1776 SACRAMENTO STREET

HOMEOWNER’S ASSOCIATION, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

Subj. Prop. Owner(s):   AMERICAN BUDDHIST

                                     CULTURAL SOCIETY

 

 

 

1750 Van Ness Avenue.

Appealing a determination dated August 30, 2004, addressed to Stephen Williams, that because Planning Code § 243(c)(8)(D) references use limits prescribed under § 243(c)(8)(A), and since § 243(c)(8)(A) specifically identifies “non-residential uses” to which the use limitation would be applicable, a use is considered nonconforming only when the ratio of specified residential uses to the specified non-residential uses is not met; and that those uses not specifically listed under “non-residential uses” and which do not meet the prescribed ratio would not be considered nonconforming uses provided they are permitted by the underlying zoning controls of the Van Ness Special Use District. 

FOR HEARING TODAY.

ACTION: Upon motion by President Harrington, the Board voted 5-0 to reschedule the hearing to January 19, 2005 at the request of the parties.

SPEAKERS: None.

 

 

(9)  APPEAL NO. 04-132

ALISON JOSEPH, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

 

 

1244 – 1268 Sutter Street.

Appealing a determination dated September 17, 2004, addressed to Alison Joseph, that the proposed office expansion at 1268 Sutter Street requires a Planning Code § 321 application for office space and a Conditional Use (CU) application for change of use above the ground story.

FOR HEARING TODAY.

ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Fung absent) to continue the hearing to January 19, 2005, with the public hearing closed.

LIST OF PARTIES: Jonas Ionin, PD.

PUBLIC COMMENT: (Appellant) Erin Grucz for Heritage- changing use by CU will do irresponsible harm to the ballroom. Carol Antone Watts- the designing use is no threat to the former ballroom. Terrance Alan- to late night coalition it’s important to preserve Avalon Ballroom. Connie Gibney read letter from adjacent owner. Precillia Redmund- design work better done in natural light. 

 

 

ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:

(10A)  APPEAL NO. 04-134

ELLEN TSANG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

 

2646-2648 Hyde Street.

Protesting the issuance on September 22, 2004, to Phil Fernandez, Permit to Alter a Building (on 2-unit residential building: repair existing roof deck at rear; repair existing door at rear on ground floor; repair existing exterior stairs at rear).  

APPLICATION NO. 2004/09/22/4898.

FOR HEARING TODAY.

(10B)  APPEAL NO. 04-144

ELLEN TSANG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

 

2646-2648 Hyde Street.

Protesting the issuance on September 30, 2004, to Phil Fernandez, Permit to Alter a Building (on 2-unit residential building: modify Building Permit Application No. 2004/09/22/4898; resurface existing roof deck; deck surface only; remove existing membrane and tiles).  

APPLICATION NO. 2004/09/30/5627.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Fung absent) to uphold both permits.

LIST OF PARTIES: Ellen Tsang, appellant; Jeremy Paul, agent for permit holder; Henry Glasser, agent for appellant; Leo McFadden, DBI.

PUBLIC COMMENT: (For Permit Holder) Craig Greenwood said the Permit holder is a good neighbor with well maintained property and the appellant has reported all neighbors to DBI. Billie Cayot agreed that Permit Holder is an excellent neighbor.

There being no further business, President Harrington adjourned the meeting at 7:27 p.m..

________________________________                         

Robert H. Feldman, Executive Secretary

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