2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 11, 2004
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Kathleen Harrington, Vice President Hisashi Sugaya, Commissioner Arnold Chin, and Commissioner Douglas Shoemaker.
ABSENT: Commissioner Sabrina Saunders.
Catharine Barnes, Deputy City Attorney (DCA); Jonas Ionin, Senior Planner, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (CBI DBI); Naomi Little, Executive Director of the Taxi Commission (ED, TC); Sgt. Vince Simpson for the Police Dept. Taxi Detail (PD TD); Executive Secretary Robert Feldman, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(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: Sue Hestor asked for clarification of Board rules of presentation for requests for rehearing and on submittal of documents in violation of briefing schedules. Laurence Kornfield, CBI DBI, reported on a requested safety inspection for Appeal No. 03-202; he said the unit is safe for occupancy and not a hazardous situation. Barry Taranto of the UTW asked the Board to read a recent article in his group’s newsletter.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 126 – 128 Sickles Avenue; Permit issued on Dec. 11, 2003
Last day to appeal was Dec. 26, 2003; Jurisdiction request received Jan. 22, 2003
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Letter from Margaret Kostouros, asking that the Board take jurisdiction take over Building Permit Application No(s). 2002/08/20/4473. Project:: 3-story rear addition. Permit Holder(s): Jeremy Yu.
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ACTION: Withdrawn by the requestor prior to consideration.
SPEAKERS: None.
(3B) ADOPTION OF FINDINGS:
1238 Masonic Avenue; Appeal No(s). 03-129; Burke vs. DBI, PCD
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Proposed findings submitted by Joel Yodowitz, attorney for appellant Coleman Burke. On Jan. 28, 2004, the Board voted 4-0-1 (Commissioner Shoemaker absent) to overrule the denial by the Planning Commission, and grant the subject permit with adoption of findings at a later date. Project: change two-family dwelling to single-family dwelling.
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ACTION: Upon motion by Commissioner Chin, the Board voted 3-1-1 (Commissioner Shoemaker dissented, Commissioner Saunders absent) to adopt the findings.
SPEAKERS: None.
(3C) REHEARING REQUEST:
8 Washington Street; Appeal No(s). 03-186; Friends of Golden Gateway vs. ZA
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Letter from Sue Hestor, attorney for Friends of Golden Gateway, appellant(s), requesting rehearing of Appeal No(s). 03-186, decided Jan. 14, 2004. At that time, upon motion by Commissioner Shoemaker, the Board voted 2-3 (President Chin, Vice President Harrington, and Commissioner Saunders dissented) to overturn the subject determination. Four votes being required to overturn a departmental action, the motion failed, and the subject determination was upheld. Determination: although the Planning Department reviews projects within expired Redevelopment project areas as Planned Unit Developments (PUD’s), the department does not and has never treated entire project areas as a single PUD, and thus a development application for improvements to the subject property (Block 0201) may be filed and reviewed independently as a stand-alone project, which does not require conditional use (CU) authorization for modification of the Golden Gateway Center PUD. Subject Property Owner(s): Golden Gateway Center et al.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 2-2-1 (Commissioner Chin & Vice President Sugaya dissented, Commissioner Saunders absent) to reschedule the request to Feb. 18, 2004. 3 votes being required to reschedule a matter, the motion failed, and the request for rehearing went forward. Afterward, upon motion by Commissioner Shoemaker, the Board voted 1-3-1 (Commissioner Chin, President Harrington, and Vice President Sugaya dissented, Commissioner Saunders absent) to grant the rehearing request. 4 votes being required to grant a rehearing request, the motion failed, and the request was denied.
SPEAKERS: Allen Brotsky, attorney for appellant, asked that the matter be continued to a meeting with five members present. Pamela Duffy, attorney for project sponsor, objected to a rescheduling and asked that the matter be heard since there is no new evidence being offered which would justify a new hearing.
(4) APPEAL NO. 03-133
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ISHTIAQ BOKHARI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on August 18, 2003, of a Driver of Public Passenger Vehicle for Hire Permit.
RESOLUTION NO. 2003-65.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Harrington, the Board voted 4-0-1 (Commissioner Saunders absent) to continue the case to the call of the chair with the public hearing closed.
SPEAKERS: Sgt. Vince Simpson, PD TD, described the incident upon which the revocation was based. Officer Kevin Jones, PD Juvenile Division, described the incident and his interview with the appellant. Sherry Gendelman, attorney for appellant, explained her arguments against the Taxi Commission’s action, and asked the Board to reduce the punishment which she said is too severe. No public comment.
(5) APPEAL NO. 03-206
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JOE LEUNG, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on December 16, 2003, of a Driver of Public Passenger Vehicle for Hire Permit.
RESOLUTION NO. 2003-87.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 3-0-2 (Commissioners Shoemaker and Saunders absent) to reschedule the case to March 24, 2004 at the prior written request of the parties.
SPERAKERS : None.
(6) APPEAL NO. 02-172
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TOM KATZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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1349 Clayton Street.
Appealing the denial on August 30, 2002, of a Permit to Alter a Building (on 13-unit apartment building: replace existing steel with vinyl retrofit – same shape and size; total 20 windows).
APPLICATION NO. 2002/07/25/2280.
NOTE: The Board held a hearing on March 19, 2003, and voted to uphold the denial of the subject permit. On April 23, 2003, the Board voted 4-1 to grant a rehearing. At the rehearing of May 21, 2003, the appellant was not present, and the Board voted 5-0 to uphold the denial of the subject permit. At the jurisdiction request of June 25, 2003, the Board voted 4-1 to rescind the motion of May 21, 2003 upholding the denial of the subject permit, and to reschedule the rehearing for July 9, 2003 with letter notices to be sent out.
FURTHER NOTE: On July 9, 2003, the Board voted 4-1 to reschedule the matter to the Call of the Chair so that the appellant and the Planning Dept. can have some time to work out a solution. The appellant and the Planning Dept. have now requested that the matter be brought back to the Board.
FOR REHEARING TODAY.
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ACTION: Orally withdrawn by the appellant.
SPEAKERS: Jonas Ionin, PD, explained that an agreement has been reached with the appellant and the windows can remain as they are. Tom Katz, appellant, withdrew his appeal. No public comment.
(7) APPEAL NO. 03-190
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TOM KATZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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616 Shrader Street.
Appealing the suspension on 8/6/03, of BPA No. 2003/08/06/1364 & 2003/07/23/0191. Reason(s) for suspension: the 1st permit was approved erroneously, and the 2nd permit requires further review by the Planning Dept. since both permits did not receive residential guideline review by Planning Dept. preservation technical specialists, which is required for the replacement of windows on architecturally significant buildings like the subject property.
JURISDICTION GRANTED NOV. 12, 2003.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 3-1-1 (Vice President Sugaya dissented, Commissioner Saunders absent) to continue the case to March 3, 2004 with the public hearing closed.
SPEAKERS: Jonas Ionin, PD, explained that the case appeared to be a matter of fraud and he asked the Board to uphold the suspension. Paul Delson, attorney for appellant, urged the Board to overrule the suspension for the reason the appellant had followed the rules and had obtained a permit for window replacement as required. Dennis Shea, subject property owner, supported the appellant and said the buildings nearby had different kinds of windows and the vinyl ones will fit into the neighborhood nicely. No public comment,
ITEMS (8A), (8B) & (8C) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 03-147
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LEUNG TO CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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111 Lobos Street.
Appealing the denial on September 26, 2003, of Permit to Demolish a Building (two-story single family house with 1,316sf of ground floor area).
APPLICATION NO. 2002/07/15/1446.
FOR HEARING TODAY.
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(8B) APPEAL NO. 03-148
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LEUNG TO CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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111 Lobos Street (Building B).
Appealing the denial on September 26, 2003, of Site Permit to Erect a Building (three-story single family house with 1,602sf of ground floor area).
APPLICATION NO. 2002/07/15/1437S.
FOR HEARING TODAY.
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(8C) APPEAL NO. 03-149
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LEUNG TO CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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111 Lobos Street (Building A).
Appealing the denial on September 26, 2003, of Site Permit to Erect a Building (three-story single family house with 1,602sf of ground floor area).
APPLICATION NO. 2002/07/15/1442S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 to reschedule the cases to Feb. 18, 2004.
SPEAKERS: David Silverman, attorney for appellant, requested a rescheduling to a meeting with a full Board. Jonas Ionin, PD, had no objection to the request.
There being no further business, President Harrington adjourned the meeting at 7:34 p.m.
________________________ ______________________________
Kathleen Harrington, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
