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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, JUNE 20, 2001

5:30 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

PRESENT: President Arnold Chin, Vice President Sabrina Saunders, Commissioner Carole Cullum, Commissioner Allam El Qadah, and Commissioner John McInerney.

Judith Boyajian, Deputy City Attorney, Office of the City Attorney (DCA); Larry Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); and Robert Feldman, Executive Secretary for the Board.

(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.

SPEAKER: Lois Baerdorchi asked the Board to grant the jurisdiction request by Todd Wilson for the property at 4733 - 18th Street.

(2)COMMISSIONERS COMMENTS & QUESTIONS.

SPEAKERS: President Chin, Commissioner El Qadah, Commissioner McInerney and Commissioner Cullum. The Board then directed the Executive Secretary to schedule for discussion an item regarding the proposed Charter amendment by Supervisor McGoldrick.

(3)MATTERS FOR CONSIDERATION & OTHER CORRESPONDENCE:

REQUESTS FOR REHEARING:

ITEM A: 579 - 17th Avenue. Letter from John Doo, appellant, requesting rehearing of Appeal 01-76, heard May 30, 2001. Upon motion by Commissioner El Qadah, the Board voted 5-0 to UPHOLD the subject permit on CONDITION that the permit holder provide plastic coverings for appellant’s windows, that the permit holder purchase an air purifier for the appellant, that appellant be provided with a set of plans, and that the mounds of dirt in the construction area be covered and watered.

ACTION: Upon motion by Commissioner McInerney, the Board voted 5-0 to DENY the request for rehearing.

SPEAKERS: 1. John Doo informed the Board that Thomas Chao would read his statement. 2. Thomas Chao, agent for appellant/requestor, read Mr. Doo’s statement in which he urged the Board to grant a rehearing. 3. Jeremy Paul, agent for the permit holder, asked the Board to deny the request and uphold the original decision.

REQUESTS FOR JURISDICTION:

ITEM B: 310 Corbett Avenue, #3. Letter from Graham Bell, requesting that the Board take jurisdiction over Building Permit Application No. 2001/04/27/7889 issued to Michael Majoulet for converting an illegal apartment into storage. PUBLIC TESTIMONY HEARD JUNE 13, 2001. FOR FURTHER CONSIDERATION TODAY.

Date issued April 27, 2001

Last day to appeal May 14, 2001

Request for jurisdiction May 31, 2001

ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to CONTINUE the matter to August 22, 2001.

SPEAKERS: 1. Graham Bell, requestor, reported on the discussions/negotiations that he had with the permit holder. 2. Michael Majoulet, permit holder, commented on the remarks made by the requestor.

ITEM C: 952-954 Ashbury Street. Letter from Dorothy Dube and Mark Slomoff requesting that the Board take jurisdiction over Building Permit Application No. 2001/02/07/1598 issued to Ted Bartlett for interior alterations.

Date issued March 27, 2001

Last day to appeal April 11, 2001

Request for jurisdiction May 8, 2001

ACTION: This matter was WITHDRAWN by the requestor prior to consideration.

ITEM D: 479-483 Third Street. Letter from Raquel Fox, attorney for Suzanne Yee, requesting that the Board take jurisdiction over Building Permit Application No. 2001/01/12/1923 issued to Yiu Kee Leung for separating units that had been combined per plans on second floor; and removal of stove in Unit 12 on third floor.

Date issued March 8, 2001

Last day to appeal March 23, 2001

Request for jurisdiction May 29, 2001

ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0 to RECUSE President Chin. Afterwards, upon motion by Commissioner Cullum, the Board voted 4-0-1 (President Chin recused) to GRANT jurisdiction on CONDITION that the requestor file the appeal on Thursday, June 21, 2001, and that the hearing be scheduled for July 11, 2001.

SPEAKERS: 1. Raquel Fox, attorney for the appellant, explained why her client was unable to file during the appeal period, and urged the Board to grant jurisdiction. 2. Kenneth Vierra, Jr., attorney for the permit holder, commented on the remarks made by the requestor’s attorney.

ITEM E: 4733 - 18th Street. Letter from Todd Wilson requesting that the Board take jurisdiction over Building Permit Application No. 9817703S issued to for construction of a four-story two-unit residential building.

Date issued June 14, 2000

Last day to appeal June 29, 2000

Request for jurisdiction June 1, 2001

ACTION: Upon motion by President Chin, the Board voted 4-0 to RECUSE Commissioner McInerney. Afterwards, the Board voted 4-0-1 (Commissioner McInerney recused) to DENY jurisdiction.

SPEAKERS: 1. Todd Wilson, requestor, asked the Board to take jurisdiction based on what he described as a misleading drawing/architectural sketch of the project sent to the neighbors last summer. 2. Andrew Junius, attorney for the permit holders, urged the Board to deny jurisdiction based on his clients’ reliance on the subject permit for the past year.

(4)APPEAL NO. 01-002

BUNNY CHIN, ANNA WONG, SHARON WONG & VICTOR YOUNG, Appellants

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

[68 Salmon Street.

[Protesting issuance on December 27, 2000, [to K.M. Lo, permit to Erect a Building (six [unit apartment building).

[APPLICATION NO. 9804165S.

[PUBLIC HEARING CLOSED MARCH 7, [2001.

[FOR FURTHER CONSIDERATION TODAY.

ACTION: Upon motion by President Chin, the Board voted 5-0 to CONTINUE the matter to July 18, 2001.

SPEAKERS: 1. Alice Barkley spoke on behalf of the Lady Shaw Senior Center. 2. Jeremy Paul spoke on behalf of the permit holders. 3. Laurence Kornfiled, CBI, DBI, described the meeting that took place between Ms. Barkley, Mr. Paul, himself, and representatives from DPW and DRE.

(5)APPEAL NO. 00-215

JOAN COLEMAN SPAARGAREN, Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

[710 - 10th Avenue.

[Determination dated October 20, 2000 that [the work performed on the property July 21, [2000 constituted an unlawful demolition [pursuant to Building Code Section 103.3 [and the permits are hereby revoked.

[APPLICATION NOS. 9905698S1,

[2000/04/07/6740.

[FOR REHEARING TODAY.

ACTION: Upon motion by Vice President Saunders, the Board voted 5-0 to OVERRULE the subject determination with a FINDING that a demolition permit was issued on March 31, 2001.

SPEAKERS: 1. Laurence Kornfield, CBI, DBI, explained the subject determination. 2. John Sanger, attorney for the appellant, outlined his reasons for the appeal and urged the Board to overrule the subject determination. Public Comment for DBI: Stephen Williams, Hiroshi Fukuda, and Supervisor Jake McGoldrick. Public Comment for the Appellant: Joe O’Donoghue.

(6) APPEAL NO. V01-059

MORGAN F. BENEDICTO, Appellant

vs.

ZONING ADMINISTRATOR, Respondent

[699 Paris Street.

[Denial on March 20, 2001, of Minimum Lot [Size, Rear Yard, and Front Yard Variance [sought to subdivide a previously subdivided [3,150 s.f. corner parcel into two lots with the [new proposed vacant lot equaling [approximately 1,260 s.f., and construct a [new three story, single family dwelling on [the proposed subdivided vacant lot.

[VARIANCE CASE NO. 2000.870V

[FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to CONTINUE the matter to August 1, 2001.

SPEAKERS: 1. Larry Badiner, ZA, explained the reasons for the denial of the subject variance application. 2. Morgan Benedicto, appellant, outlined his arguments as to why his proposal meets all the five findings for a variance under the Planning Code. Public Comment for the ZA: Ari Stratakis. Public Comment for the Appellant: Conrad Benedicto.

(7) APPEAL NO. 00-073

DONALD W. McNABB, Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT DISAPPROVAL

[1785 Bancroft Avenue.

[Denial on April 28, 2000, of permit to Alter a [Building (conversion of existing warehouse/

[storage facility into a hot tub/spa estab-[lishment).

[APPLICATION NO. 9917785.

[FOR HEARING TODAY.

ACTION: Upon motion by President Chin, the Board voted 5-0 to UPHOLD the denial of the subject alteration permit.

SPEAKERS: Neither the appellant nor his attorney were present for the hearing. Public comment for the Planning Department: Ralph House and Pauline Peeler.

(8) APPEAL NO. 01-058

JIMMY CHU, Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

[2838 Sacramento Street.

[Suspension on March 23, 2001, of permit to [Alter a Building for failure to provide valid [Section 311 Notification for construction off-[street parking garage at front and expansion [of existing building to the side and addition [of new story on top.

[APPLICATION NO. 2000/08/11/7707S.

[FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to RESCHEDULE the matter to July 18, 2001 at the written request of the appellant.

SPEAKERS: None.

(9) APPEAL NO. V01-086

MAUREEN CROWE, Appellant

vs.

ZONING ADMINISTRATOR, Respondent

[368 Vallejo Street.

[Protesting granting on May 9, 2001 to [Susanna M. Dulkinys, Rear Yard Variance [to construct an underground addition at the [rear of an existing two-story single-family [dwelling.

[VARIANCE CASE NO. 2001.0001V

[FOR HEARING TODAY.

ACTION: This matter was RESCHEDULED to July 18, 2001 prior to hearing with the agreement of all parties.

There being no further business, President Chin adjourned the meeting at 9:00 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, (415) 348-0050.