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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, APRIL 24, 2002
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Arnold Y. K. Chin, Vice President John McInerney, Commissioner Allam el Qadah.
Judith Boyajian, Deputy City Attorney for the City Attorney (DCA); Larry Badiner, Zoning Administrator, Planning Department; Rafael Torres-Gil, Senior Building Inspector, DBI; and Robert Feldman, Executive Secretary for the Board of Appeals; Official Court Reporter, Easteller Bruihl.
ABSENT: Carole S. Cullum, Sabrina N. Saunders.
(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: President Chin asked the Deputy City Attorney for a report on the questions he posed at the last meeting regarding the status of the Board on July 1, 2002. Judith Boyajian, Deputy City Attorney reported that the Board’s tenure ends at noon July 1, 2002 and none can be holdovers, though they may be appointed again under the new procedures of Prop. D by the Mayor or the President of the Board of Supervisors.
The Executive Secretary responding to Commissioner El Qadah’s question explained the absence of Commissioner Saunders.
SPEAKERS: None.
(3)ADDENDUM ITEMS:
ITEM A: 109 Peabody Street. Letter from Eric Lifschitz, Attorney for Kathy Tang, Requestor, asking that the Board take jurisdiction over Building Permit Application No. 2001/11/30/4237. Permit Holder: Phat Hong. Project: remove illegal kitchen and bath; remove non-loading walls and convert illegal unit to storage.
Date Permit Issued: Nov. 30, 2001
Last Day to Appeal: Dec. 15, 2001
Date Jurisdiction Request Received: April 5, 2002
ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Commissioner Cullum and Commissioner Saunders absent) to reschedule the matter to June 12, 2002.
SPEAKERS: Eric Lifschitz, attorney for the requestor asked that a rescheduling be at the earliest date possible and agreed to June 12, 2002. Daniel Bornstein, attorney for the permit holder agreed to June 12, 2002.
ITEM B: 3967 Clay Street. Letter from Allan Low, Attorney for the Clay Street Homeowner’s Association, Requestor, asking that the Board take jurisdiction over Building Permit Application No. 2002/02/27/0222. Permit Holder: David Seetapun. Project: remove and replace wall finishes and fixtures in master and guest bathrooms.
Date Permit Issued: Feb. 27, 2002
Last Day to Appeal: Mar. 14, 2002
Date Jurisdiction Request Received: April 8, 2002
ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Commissioner Cullum and Commissioner Saunders absent) to reschedule the matter to June 12, 2002.
SPEAKERS: Allan Low, attorney for the requestor, asked the Board to reschedule as soon as possible.
Ross Madden, attorney for the permit holder, agreed to having the matter rescheduled to June 12, 2002.
(4) APPEAL NO. V01-228
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ANTHONY CASTELLUCCI, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[68-72, 74-78 & 70A-76A Waller Street.
[Appealing denial on November 26, 2001, of [Rear Yard, Usable Open Space, Lot Area & [Frontage Requirement Variances (create new [third lot from the rear portions of the two [existing lots).
[VARIANCE CASE NO. 2001.0738V
[PUBLIC HEARING HELD FEB. 27, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: This matter was withdrawn by the appellant prior to hearing.
(5) APPEAL NO. 02-031
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DAVID STADTNER, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[355 Fulton Street.
[Appealing denial on March 4, 2002, of Permit to [Alter a Building (correct record to indicate 41 [existing units).
[APPLICATION NO. 2002/03/04/0501.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Commissioner Cullum and Commissioner Saunders absent) to reschedule the matter to May 8, 2002.
SPEAKERS: No speakers.
ITEMS (6A) & (6B) WERE HEARD TOGETHER:
(6A) APPEAL NO. 02-032
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RICHARD OLNESS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[3331 Jackson Street.
[Protesting issuance on February 19, 2002, to [Robert Devlin, Permit to Alter a Building [(retaining wall, fence, lattice, brickwork at rear [yard, provide drainage).
[APPLICATION NO. 2002/02/19/9469.
[FOR HEARING TODAY.
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(6B) APPEAL NO. 02-044
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RICHARD OLNESS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[3331 Jackson Street.
[Protesting issuance on March 14, 2002, to Robert Devlin, Permit to Alter a Building [(retaining wall, fence, lattice, and brickwork).
[APPLICATION NO. 2002/03/14/1440.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 3-0-2 (Commissioner Cullum and Commissioner Saunders absent) to reschedule the matter to June 12, 2002.
SPEAKERS: Susan Olness, agent for the appellant agreed to the appeal being rescheduled to June 12, 2002.
(7) APPEAL NO. 02-033
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GERARDO HERNANDEZ, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[3165 Mission Street.
[Appealing a Notice of Violation dated February [25, 2002, addressed to Leticia Luna, that the [subject property is being used as a tow service [lot in violation of § 712.59 of the Planning Code, [which also prohibits the establishment of an [auto repair use in an NC-3 zoning district.
[FOR HEARING TODAY
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ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Commissioner Cullum and Commissioner Saunders absent) to reschedule the matter to June 19, 2002.
SPEAKERS: Jeremy Paul, consultant for the Appellant, agreed to having the appeal rescheduled to June 19, 2002.
(8) APPEAL NO. 01-216
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AI-REN LEI, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[480 - 5th Avenue.
[Appealing a Notice of Violation dated October [29, 2001, that the non-complying ground floor [level at the rear of the subject property has [been removed and replaced without proper [permits, in violation of Planning Code § 188.
[FOR HEARING TODAY.
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ACTION: This matter was rescheduled to May 22, 2002 prior to hearing.
SPEAKERS: None.
ITEMS (9A) & (9B) WERE HEARD TOGETHER:
(9A) APPEAL NO. 02-026
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ADCO OUTDOOR ADVERTISING,
Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. REQUEST FOR SUSPENSION
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[74 Otis Street.
[Appealing the suspension on February 12, [2002, of Permit to Erect a Sign (single [faced wall sign 46’ X 42’ with 1,932sf of [total surface area).
[APPLICATION NO. 9818016.
[FOR HEARING TODAY.
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(9B) APPEAL NO. 02-027
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ADCO OUTDOOR ADVERTISING,
Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. REQUEST FOR SUSPENSION
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[74 Otis Street.
[Appealing the suspension on February 12, [2002, of Permit to Erect a Sign (single [faced wall sign 26’ X 24’ with 624sf of total [surface area).
[APPLICATION NO. 2000/04/26/8334.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner El Qadah, the Board voted 3-0-2 (Commissioner Cullum and Commissioner Saunders absent) to reschedule the matter to June 12, 2002.
SPEAKERS: Joseph Forest, attorney for the Appellant agreed to a have the two appeals rescheduled to June 12, 2002.
(10) APPEAL NO. 02-041
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PAMELA WIGET, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[2195 Green Street.
[Appealing a Notice of Violation dated March 6, [2002, addressed to Pamela Wiget, that the [subject property is being used for overnight [transient hotel accommodations in violation of [Planning Code § 209.2(d).
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 3-0-2 (Commissioner Cullum and Commissioner Saunders absent) to reschedule the matter to May 8, 2002.
SPEAKERS: Jeremy Paul, consultant for the Appellant agreed to a rescheduling on May 8, 2002.
(11) APPEAL NO. 01-236
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JEFFREY LITKE, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[679-689 Portola Drive.
[Appealing a Notice of Violation dated December [4, 2001, that a habitable bedroom and [bathroom fixtures exist in the 4th floor [penthouse structure which were re-established [without benefit of building permits, in violation of [Notice of Special Restrictions No. E008502 & [Planning Code § 260(b)(1)(B).
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Commissioner Cullum and Commissioner Saunders absent) to reschedule the matter to June 12, 2002.
SPEAKERS: None
There was no public comment on any item.
There being no further business, President Chin adjourned the meeting at 5:34 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, Telephone 576-0700
