2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 1, 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, and Commissioner Randall Knox. (Commissioner Sabrina Saunders absent).
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (DCA OCA); Jonas Ionin, Planning Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (CBI DBI); Robert Feldman, Executive Secretary, 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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LIST OF SPEAKERS: Jeremy Paul.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 4947A – 17th Street. Permit issued on Sept. 29, 2004. Last day to appeal was Oct. 14, 2004. Jurisdiction request received on Oct. 28, 2004. Letter from Sarge Holtzman, attorney for Catherine Baker, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/07/08/8279. Permit Holder(s): David Peckman & Michael Baffa. Project: on 4-unit apartment building: remove vacant studio at ground floor behind garage and convert into laundry room; voluntary removal of unit.
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ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Saunders absent) to continue the matter to February 23, 2005 (to be heard together with 04-175 on same date).
LIST OF PARTIES: Sarge Holtzman, attorney for requestor; Ross Madden, attorney for permit holder; Laurence Kornfield, DBI.
(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 517 Hickory Street. Permit issued on Nov. 21, 2003. Last day to appeal was Dec. 8, 2003. Jurisdiction request received on Oct. 29, 2004. Letter from Ashley Allen, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2000/05/18/0428. Permit Holder(s): Stuart David Hills. Project: vertical addition.
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ACTION: None. Request withdrawn.
(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 110 Romain Street. Permit issued on July 23, 2004. Last day to appeal was Aug. 9, 2004. Jurisdiction request received on Nov. 10, 2004. Letter from Steve Atkinson, attorney for Bruce Massarsky, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/07/23/9697. Permit Holder(s): Jane Wales & Scott Blaze. Project: renew expired Building Permit Application No(s). 2001/11/28/4075S (roof deck under 400sf) and complete work.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to January 12, 2005 at the request of the parties.
(4) APPEAL NO. 04-035
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CRYSTAL LEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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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.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to December 15, 2004 at the request of the parties.
ITEMS (5A), (5B) & (5C) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 04-094
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OTTO WIEGAND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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4001 Mission Street.
Protesting the issuance on July 16, 2004, to 4001 Mission St. Associates LLC, Site Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7097S.
PUBLIC HEARING HELD NOV. 10, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(5B) APPEAL NO. 04-096
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SHAWN LEONARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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4001 Mission Street.
Protesting the issuance on July 16, 2004, to 4001 Mission St. Associates LLC, Site Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7097S.
PUBLIC HEARING HELD NOV. 10, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(5C) APPEAL NO. 04-102
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OTTO WIEGAND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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8 Murray Street.
Protesting the issuance on July 29, 2004, to 4001 Mission St. Associates LLC, Site Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7104S.
PUBLIC HEARING HELD NOV. 10, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearings to January 12, 2005 at the request of the parties.
LIST OF PARTIES: Jay Ach, for appellant; Kass McMahon, agent for appellants.
(6) APPEAL NO. 04-100
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GEORGE & JULIE VAIL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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163 Rae Avenue.
Protesting the issuance on July 27, 2004, to Yuen Yuen Kwok, Site Permit to Erect a Building (3-story single family house with 1,900sf of ground floor area).
APPLICATION NO. 2003/12/08/1787S.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 20, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the permit with conditions: (1) that the front setback be 12ft. 6in. and (2) that the 3rd story setback be 15ft.
LIST OF SPEAKERS: Julie Vail, co-appellant; George Vail, co-appellant; CJ Higley, attorney for permit holder.
(7) APPEAL NO. 04-122
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BORIS SHAMIS, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the suspension on September 1, 2004, of a Driver of Public Passenger Vehicle For Hire Permit.
PERMIT NO. 055382.
RESOLUTION NO. 2004-48.
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to January 26, 2005 at the request of the parties.
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 04-074
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MICHAEL RABBITT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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141 Willard Street North.
Appealing the denial on July 8, 2004 of Demolition Permit to Demolish a Building (2-unit building with 1,073sf of ground floor area).
APPLICATION NO. 2003/05/22/5283.
FOR HEARING TODAY.
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(8B) APPEAL NO. 04-075
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MICHAEL RABBITT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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141 Willard Street North.
Appealing the denial on July 8, 2004 of Permit to Erect a Building (4-story, 2-unit building with 1,862sf of ground floor area).
APPLICATION NO. 2003/05/22/5280S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to December 8, 2004 at the request of the parties.
(9) APPEAL NO. 04-076
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JOHN & LESLIE WOODWARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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65 Caselli Avenue.
Protesting the issuance on June 30, 2004, to Stewart Oaten, Permit to Alter a Building (on 2-unit building: replace existing deck, extend about 4’0” and new stairs).
APPLICATION NO. 2004/06/30/7682.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to continue the hearing to January 12, 2005.
LIST OF SPEAKERS: Leslie Woodward, co-appellant; Stewart Oaten, permit holder; Laurence Kornfield, DBI; Jonas Ionin, PD.
(10) APPEAL NO. 04-116
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JOHN BRENNAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1420 Haight Street.
Appealing a determination dated August 17, 2004, addressed to Matthew Brennan (Subject Property Owner Mehran Ismaili), that the notification and hearing for Conditional Use (CU) Motion No. 16593, which adds 2,300sf of retail space to the existing 3,300sf shoe store at the subject property, was properly performed, and thus it is not necessary to halt construction as authorized under CU Motion.
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to January 12, 2005.
LIST OF SPEAKERS: Matthew Brennan, appellant.
(11) APPEAL NO. 04-117
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BEVERLY CHILTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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129 Ashton Avenue.
Protesting the issuance on August 17, 2004, to Dan Devries & Chris Zupanovich, Site Permit to Alter a Building (on single-family house: horizontal addition to the rear).
APPLICATION NO. 2003/09/03/3788S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the subject permit.
LIST OF Speakers: Beverly Chilton, appellant; Douglas Fong, agent for permit holders; Jonas Ionin, PD.
(12) APPEAL NO. 04-118
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AUDREY CARLSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2368 Vallejo Street.
Protesting the issuance on August 17, 2004, to Gina Best, Permit to Alter a Building (on 2-unit building: add bay windows instead of flat windows in two rooms; add a French door instead of window from the bedroom to the garden; revisions to Building Permit Application No(s). 2002/01/04/6319).
APPLICATION NO. 2004/08/17/1803.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 2-2-1 (President Harrington and Commissioner Knox dissented, Commissioner Saunders absent) to revoke the permit with a finding that this permit violates the Board’s ruling in appeal 03-141. Four votes being required to overturn or modify a departmental action, the subject permit was upheld with no conditions.
LIST OF SPEAKERS: Audrey Carlson, appellant; Gina Best, permit holder; Lincoln Chris, husband of permit holder; Scott Emblidge, attorney for appellant; Jonas Ionin, PD.
(13) APPEAL NO. 04-119
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YIM HO & CHEUNG KAM LEUNG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: PING WONG & YU CHAN WONG
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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.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to December 15, 2004 at the request of the appellants.
LIST OF SPEAKERS: Clement Cheung, Sec. 14 party; Ping Wong, Sec. 14 party; Jay Drake, attorney for appellants.
(14) APPEAL NO. 04-121
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SQUIRE ALLIGATOR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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407 Clayton Street.
Protesting the issuance on August 20, 2004, to Ronald Romine, Permit to Alter a Building (on single-family house: comply with NOV No(s). 200449913 & 199817371; remove illegal workshop in garage-worktable, tools, cabinet and miscellaneous items).
APPLICATION NO. 2004/08/20/2137.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to January 26, 2005 at the request of the parties.
There being no further business, President Harrington adjourned the meeting at 7:30pm
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
