2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, SEPT. 24, 2003
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Arnold Chin, Vice President Kathleen Harrington, Commissioner Douglas Shoemaker, Commissioner Hisashi Sugaya, and Commissioner Sabrina Saunders.
Catharine Barnes, Deputy City Attorney (DCA); Julian Banales, for the Planning Dept. (PD) & the Zoning Administrator (ZA); 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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SPEAKERS: None.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: In response to questions from the Board, Laurence Kornfield, CBI DBI, explained the Building Code notice requirements for permit applications which could affect residential tenants, and Julian Banales, PD, explained the Planning Code notice requirements for alterations that might affect residential tenants and for ZA determinations. No public comment.
(3) ADDENDUM ITEMS:
(3A) REHEARING REQUEST:
Appeal No(s). 02-030; 50 – 8th Street; Foster Media vs. Zoning Administrator
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Letter from Christopher Moscone, agent for Foster Media, Appellant, requesting rehearing of Appeal No(s). 02-030, decided June 19, 2002. Upon motion by Vice President McInerney, the Board voted 2-3 (Commissioner Cullum, Commissioner Saunders & Commissioner El Qadah dissented) to uphold the subject determination. Four votes being necessary to overturn any departmental action under Charter § 4.106, the motion passed and the subject determination was upheld. Determination: that the subject Building Permit Application for a general advertising sign is disapproved because the subject property is visible from, and located within 200 feet of the Market Street Special Sign District.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the request to Nov. 12, 2003 at the written request of the parties.
SPEAKERS: None.
(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. 03-102
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PETER BRATIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2874-2878 16th Street.
Appeal for refund of penalty imposed on June 26, 2003, for work done without a permit (replace 4 rear windows; comply with NOV; replace existing and install new smoke detectors; remove lock from back basement door; replace 6 steps in backyard stairway; replace broken glass in back kitchen window; replace 2 dry rot boards; replace tiles in floor area; and replace 2 landing floors of T&G in front stairway).
APPLICATION NO. 2003/06/26/8091.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to reduce the subject penalty to two times the regular fee.
SPEAKERS: None; the department consented to the reduction.
(4B) APPEAL NO. 03-105
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OKSU GORDON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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51 Margaret Avenue.
Appealing the imposition of penalty on June 27, 2003, for work done without a permit (on single-family house: correct NOV No(s). 200338389, legalize rooms – family room, full bathroom and laundry room).
APPLICATION NO. 2003/04/22/2793.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Harrington, the Board voted 5-0 to reduce the subject penalty to two times the regular fee.
SPEAKERS: Oksu Gordon, appellant, explained that her contractor was supposed to obtain any necessary permits but failed to do so, as well as leaving the project unfinished. Laurence Kornfield, CBI DBI, explained the Department’s record of the project. No public comment.
(5) APPEAL NO. 03-044
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JOHN ARKEDER, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on March 19, 2003, of taxicab medallion No. 1167.
RESOLUTION NO. 2003-09.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the appeal to Nov. 19, 2003 at the written request of the parties.
SPEAKERS: None.
(6) APPEAL NO. 03-068
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JAMES NEILLY, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on April 23, 2003, of medallion No. 897.
RESOLUTION NO. 2003-26.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the appeal to Nov. 19, 2003 at the written request of the parties.
SPEAKERS: None.
(7) APPEAL NO. 01-115
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THERESA ISSERMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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700 Vermont Street.
Protesting issuance on June 20, 2001, to Raymond & Hazel Guaraglia, Permit to Alter a Building (demolish existing non-compliant residential units per Notice of Violation No. 200114983; remove all utilities to ground level; convert to original commercial space with no structural work to be done).
APPLICATION NO. 2001/06/20/1935.
PUBLIC TESTIMONY HEARD JUNE 19, 2002.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the appeal to Nov. 19, 2003 at the written request of the parties.
SPEAKERS: None.
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 03-051
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KEN PAGE, VINCENT LEGER,
& BUENA VISTA PARK LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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21 Buena Vista East Avenue.
Appealing the determination dated March 19, 2003, addressed to Andrew Zacks, that the subject property has a legal authorized use of 14 residential guest rooms and 1 dwelling unit, that residential guest rooms constitute “group housing” under § 209.2 of the Planning Code, that this group housing constitutes a permitted conditional use since it was established prior to the enactment of Conditional Use (CU) requirements for said use, and that this permitted conditional use shall be considered abandoned 3 years from the last legal date of residency of the last resident of said guest rooms.
FOR HEARING TODAY.
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(8B) APPEAL NO. 03-066
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KEN PAGE, VINCENT LEGER,
& BUENA VISTA PARK LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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21 Buena Vista East Avenue.
Appealing a determination dated April 24, 2003, addressed to Andrew Zacks, that the proposed physical modifications to various residential guest rooms at the subject property would result in less viable guest rooms and would constitute a partial conversion of the structure to single family-use from its current legal authorized use of 14 residential guest rooms and 1 dwelling unit, in violation of Planning Code.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to continue the appeal to Nov. 19, 2003, with a brief from the City Attorney’s office due by Oct. 29, 2003, and the appellants’ rebuttal due by Nov. 12, 2003.
SPEAKERS: Julian Banales, PD, explained the two determinations and the process the appellant can use to reach his goal of converting the building into a one-family house. He said the legal use of the building is 14 guest rooms and one dwelling unit as set forth on the 3-R report. Andrew Zacks, attorney for appellants, explained how the ZA has erred, and cited two appellate court opinions that support his argument. He said there is no reason for his clients’ permit application to go back before the Planning Commission. Ken Page, co-appellant, described the present condition of the building, and said he found a pack of French rolled cigarettes from 1873 in the wall, and said that there were only four utility meters, with mold and leaky bathrooms. No public comment.
(9) APPEAL NO. 03-107
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KIFAYAT YUSUF, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION. APPROVAL
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473 Leland Avenue.
Appealing the denial on July 10, 2003, of Permit to Demolish a Building (one-story single-family dwelling with 885sf of ground floor area).
APPLICATION NO. 2002/01/30/8121.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 5-0 to continue the appeal to October 1, 2003.
SPEAKERS: Julian Banales, PD, explained why the Planning Commission denied the permit application for failure to meet the residential demolition guidelines. He said that the staff had recommended approval, and the Commission denied the application. Marianne Darbison, speaking for the appellant, said that the planner assigned to the case had said there is no evidence that the condition of the building is due to lack of maintenance by the owner, and that the configuration of the old building is not conducive to the privacy needs of the family, which total 7 people. No public comment.
There being no further business President Chin adjourned the meeting at 7:19 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.
