2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 27, 2003
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: Vice President Kathleen Harrington, Commissioner Douglas Shoemaker, Commissioner Hisashi Sugaya, and Commissioner Sabrina Saunders.
Catharine Barnes, Deputy City Attorney (DCA); Craig NIkitas, for the Planning Dept. (PD) & the Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (CBI DBI); Tony Wolcott, Acting Urban Forester, DPW Bur. of Urban Forestry (AUF, DPW BUF)); Robert Feldman, Executive Secretary and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
ABSENT: President Arnold Chin.
(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: Andrew Eckers asked the Board to save old historical buildings and cottages, and not approve new buildings that negatively impact them.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 2526 Greenwich Street; Permit was issued on June 17, 2002
Last day to appeal was July 2, 2002; Jur. request received on July 7, 2003
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Letter from Eve Soloman, requestor, asking that the Board take jurisdiction over Building Permit Application No(s). 2002/06/17/9232 for the purpose of filing a penalty appeal. Project: corrective action to remove kitchen in social hall as per NOV No(s). 200226509.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 4-0-1 (President Chin absent) to grant the jurisdiction request.
SPEAKERS: Eve Solomon, requestor, explained that she hadn’t known of the Board’s existence when the penalty was imposed and asked the Board to allow her to file an appeal now. She said the penalty was $9800. Laurence Kornfield, CBI DBI, said the department has no objection to the request.
(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 762 Colby Street; Permit was issued on April 30, 2003
Last day to appeal was May 15, 2003; Jur. request received on August 6, 2003
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Letter from Lindy Ng, Requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/04/30/3516. Project: remove illegal kitchen at ground floor and a spiral stair between 1st and 2nd floors; complaint #200008712. Permit Holder(s): Bailey Yang.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 3-0-2 (President Chin & Commissioner Saunders absent) to reschedule the request to October 1, 2003 at the request of the parties.
SPEAKERS: None.
(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 330 – 25th Avenue; Permit issued on May 12, 2003
Last day to appeal was May 27, 2003; Jurisdiction request received on August 18, 2003
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Letter from Janet Codor and Charles Hoffman, asking that the Board take jurisdiction over Building Permit Application No(s). 2000/04/05/6504S.
Note: The requestors filed an appeal of the issuance of the subject demolition and site permit (Appeal Nos. 03-071/072) and the Board held a hearing on July 9, 2003 and voted 5-0 to uphold the demolition permit without conditions, and to uphold the site permit on condition that the exterior wall be reduced by 4 feet on all 3 floors, with the fire escape to remain. No request for rehearing was filed within 10 days of the Board’s decision, and the Notice of Decision was released on July 28, 2003, ending the Board’s jurisdiction in this matter. The requestors have filed this jurisdiction request for the purpose of obtaining clarification on the Board’s conditions and/or for the purpose of obtaining a second 10-day rehearing period. If this request is granted, the Board may consider the rehearing request for Appeal No(s). 03-071/072 as addendum item 3D.
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(3D) REHEARING REQUEST:
330 – 25th Avenue; Appeal No(s). 03-071/072; Codor & Hoffman vs. DBI, PDA
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Letter from Janet Codor and Charles Hoffman, requesting rehearing of Appeal No(s). 03-071/072, decided July 9, 2003. At that time, upon motion by President Chin, the Board voted 5-0 to uphold the demolition permit without conditions, and to uphold the site permit on condition that the exterior wall be reduced by 4 feet on all 3 floors, with the fire escape to remain. Project: demolish a two-story single family house with 1400sf of ground floor area, and construct a three-story, two-unit condominium building with 2060sf of ground floor area. Permit Holder(s): Michael Chan.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 3-1-1 (President Chin absent, Commissioner Sugaya dissented) to reschedule these requests to Sept. 17, 2003.
SPEAKERS: Charles Hoffman, co-appellant, asked the Board to clarify its decision of July 9, 2003 and explained his understanding of it. Janet Codor, co-appellant, supported Mr. Hoffman and explained her view of the Board’s conditions. Amy Yu, for permit holder Michael Chan, asked the Board not to grant a rehearing and explained her family’s need for the project. No public comment.
(4) CONSENT ITEMS (DBI PENALTY):
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With the consent of the Department of Building Inspection, the Board will proceed to a vote without testimony to reduce the penalty (investigation fee) to two times the regular fee as provided for in the Building Code. Without consent the Board will take testimony and then decide the appeal.
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(4A) APPEAL NO. 03-074
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ROBERT BOUCHER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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5587 Diamond Heights Blvd.
Appeal for refund of penalty imposed on May 27, 2003, for work done without a permit (on single-family house: replace two-level existing deck).
APPLICATION NO. 2002/08/23/4747.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 4-0-1 (President Chin absent) to reduce the subject penalty to two times the regular fee.
SPEAKERS: Robert Boucher, appellant, asked the Board to reduce the penalty for the reason he was not aware of the permit requirement, and his contractor was supposed to take care of the whole project. Laurence Kornfield, CBI DBI, said that this case does not fit the guidelines that would allow the department to delete the penalty. He added that a licensed contractor is expected to know the regulations and permit process. No public comment.
(5) APPEAL NO. 03-090
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RICHARD CHICOTEL, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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740 Church Street.
Appealing a decision dated May 22, 2003, issuing a Permit to Remove & Replace Two Trees, & denying a Permit to Remove & Replace 4 Trees.
ORDER NO. 174,139.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Harrington, the Board voted 3-1-1 (Commissioner Shoemaker dissented, President Chin absent) to uphold the decision of the Bureau of Urban Forestry except for the portion denying the removal and replacement of the eucalyptus tree. Four votes being required under Charter §4.106 to overturn or modify a departmental action, the motion failed, and the entire decision was upheld without any modifications.
SPEAKERS: Tony Wolcott, AUF, DPW BUF, explained the decision regarding the seven trees that the appellant wants to replace, and why the department denied the request to replace four trees. Jeremy Paul, agent for appellant, asked the Board to allow the removal and replacement of the trees so that appropriate species can be planted that will enhance the streetscape. He described how PG & E has damaged trees with their hacking. He said his client wants to replace four of the trees. No public comment.
(6) APPEAL NO. 03-092
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CARL E. OLSON, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
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Northwest Corner of Haight & Masonic.
Protesting the issuance on May 28, 2003, to JC Decaux San Francisco Inc., Automatic Public Toilet Permit.
ORDER NO. 174,167.
PERMIT NO. 03PT-001.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 3-0-2 (President Chin & Commissioner Saunders absent) to reschedule the appeal to October 8, 2003 at the prior written request of the parties.
SPEAKERS: None.
(7) APPEAL NO. 03-104
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JOE WYMAN, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
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Various Locations on Broadway & Embarcadero.
Protesting the issuance on June 20, 2003, to One Reel/Teatro Zinzanni, Street Use Banners Permit.
ORDER NO. 165,292.
PERMIT NO. 03B-032.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 3-0-2 (President Chin & Commissioner Saunders absent) to reschedule the appeal to Sept. 17, 2003.
SPEAKERS: Joe Wyman, appellant, requested a rescheduling so that a full Board could hear his case. Juan Rivera, agent for permit holder, objected to the rescheduling.
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 03-056
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GREGORY ERLACH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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531 – 43rd Avenue.
Protesting the issuance on March 27, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: install 5’ high fence on side of front yard, treated vertical posts on 4’ centers, redwood lattice full height between verticals, pre-formed 3’ metal footings driven into ground floor for verticals, capped by treated 2” X 4” (on side) tying 5 posts together; 8’6” free standing; rest next to building)
APPLICATION NO. 2003/03/27/0836.
FOR HEARING TODAY.
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(8B) APPEAL NO. 03-067
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GREGORY ERLACH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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531 – 43rd Avenue.
Protesting the issuance on May 2, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: rebuild existing rear stairs in-kind).
APPLICATION NO. 2003/05/02/3742.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 3-0-2 (President Chin & Commissioner Saunders absent) to reschedule the appeal to Sept. 17, 2003.
SPEAKERS: Raymond Erlach, attorney for appellant, requested a new hearing date when a full Board would be present. Alan Freebury, permit holder, did not object to the request.
(9) APPEAL NO. 03-089
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WILLIAM SCHMETTERER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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854 Stanyan Street.
Appealing the denial on May 23, 2003 of Permit to Alter a Building (on residential/office building: legalize use change on 2nd floor from single-family dwelling to office (non-profit institution); no physical alteration and no T.I. work).
APPLICATION NO. 2002/01/31/8143.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 4-0-1 (President Chin absent) to overrule the denial, grant the permit and adopt findings as submitted by the appellant’s attorney with amendments.
SPEAKERS: Craig Nikitas, PD, said he had no being objection to being overruled based on the new data supplied to the department. Brett Gladstone, attorney for appellant, submitted proposed findings to support a Board decision to overrule the ZA. He said the 2nd floor is used for educational purposes. Public comment for appellant: David Smith, founder of the Haight-Ashbury Free Clinic, explained the use of the 2nd floor, and asked the Board to allow it to continue. Rick Pavich of the National AIDS Grove explained how the space is needed to support the maintenance of the grove in Golden Gate Park. Catharine Barnes, DCA, OCA, suggested amendments to the proposed findings.
(10) APPEAL NO. V03-094
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GUY LANSING
NEIGHBORHOOD ASSOCIATION, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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40-50 Lansing Street a.k.a. 35 Guy Place.
Protesting the granting on June 3, 2003, to Lambert Development LLC, Dwelling Unit Exposure, Freight Loading, Setback, Street Frontage Use Requirements, & Above Grade Parking Within 25 Feet of Street Variance(s) (to demolish the existing building and construct 82 residential units with 82 accessory parking spaces (plus an additional car share space) in a single 84 foot tall building).
VARIANCE CASE NO. 2002.0446CEKV
FOR HEARING TODAY.
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ACTION: Appeal withdrawn prior to hearing by the appellant(s).
There being no further business President Chin adjourned the meeting at 6:34 pm.
____________________________ __________________________________
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.
