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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 19, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Randall Knox, Commissioner Michael Garcia, Commissioner Katharine Albright and Commissioner Robert Haaland.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Leo McFadden, Senior Building Inspector, Department of Building Inspection (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) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 4201-4211 Judah Street. Letter from Andrew Zacks, attorney for Bhazubai Patel, Appellant, requesting rehearing of Appeal No(s). 97-165, Patel vs. ZA, decided Feb. 18, 1998. Upon motion by Commissioner Salgado, the Board voted 1-4 (President Cullum, Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to uphold the subject determination. Two votes are needed to uphold a departmental action, and thus the motion failed. Afterwards, upon motion by Commissioner Schwartz, the Board voted 3-2 (President Cullum and Commissioner Salgado dissented) to overrule the subject determination. Four votes being necessary to overturn any departmental action, the motion failed, and thus the subject determination was upheld. Then, on April 1, 1998, the Board considered the request for rehearing by the appellant. At that time, upon motion by Commissioner Salgado, the Board voted 2-3 (Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to deny the request for rehearing. Afterwards, upon motion by Vice President McInerney, the Board voted 3-2 to continue the matter to await action by the Superior Court. Note: This matter was returned to the Call of the Chair at the request of both parties in October, 2002.
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ACTION: Rescheduled prior to meeting with written notices to Sept. 6, 2006.
SPEAKERS: None.
PUBLIC COMMENT: None
(3b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 60 Entrada Court. Permit issued on May 1, 2006. Last day to appeal was May 16, 2006. Jurisdiction request received on June 26, 2006. Letter from Hayes Miles, requestor, asking that the Board take jurisdiction over Building Permit Application No(s). 2004/07/12/8482. Permit Holder(s): James Carlin. Project: on single family house, kitchen remodel and rear addition.
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ACTION: Upon motion by Vice President Knox, the Board voted 5-0 to reschedule the matter to August 30, 2006 at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None
(3c) REHEARING REQUEST:
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Subject property at 1736-1740 Filbert Street. Letter from Amy McDougall, appellant, requesting rehearing of Appeal No. V06-066, McDougall vs. ZA, decided June 21, 2006. At that time, upon motion by President Fung, the Board voted 5-0 to uphold the variance on condition that the roof assembly be changed to a 1-hour roof assembly so as to reduce the parapet to a curb of minimum height. Project: proposal is to construct a new 3-story over 3-car garage, single-family building at the front of the lot; variance case no. 2005.0746V.
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ACTION: Upon motion by Vice President Knox, the Board voted 5 – 0 to deny the request for rehearing.
SPEAKERS: Amy McDougall, Appellant; Jonas Ionin, PD; Steve Williams, attorney for neighbors;
PUBLIC COMMENT: Norman Leung, spoke against the request for rehearing.
(4) APPEAL NO. 06-038
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MICHAEL PATEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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432 Geary Street.
Appealing the denial on August 9, 2005, of Permit to Erect a Sign (non-electric, wall, single-faced, painted wall, 30’ X 59’, with 1,770sf of total surface area).
APPLICATION NO. 2002/02/01/8317.
JURISDICTION GRANTED MARCH 1, 2006.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the denial of the subject permit.
SPEAKERS: Jonas Ionin, PD; Brendan Hallinan, attorney for appellant.
PUBLIC COMMENT: None
(5) APPEAL NO. V06-079
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RICHARD GARVIN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1043-1045 Francisco Street.
Protesting the granting on May 12, 2006, to John Chiatello, Rear Yard Variance (construction of a one-story horizontal addition over existing one-story extension at the rear of the building, of which a 3 foot portion would be within the required rear yard).
VARIANCE CASE NO. 2005.0032DV.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue the variance appeal to 08/16/06 with the public hearing closed.
SPEAKERS: Jonas Ionin, PD; Patrick Gunn, attorney for appellant; Thomas Brown, attorney for variance holder; Gary Bell, agent for variance holder; Richard Garvin, appellant; John Chiatello, variance holder.
PUBLIC COMMENT: Jeanine Loughhran said new developers have come into the neighborhood with expansions which have changed the neighborhood. John Loughran said the house does need renovation, however, he feels this granted variance for fifteen more feet is excessive.
(6) APPEAL NO. VO6-081
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SUSAN MUKAEDA
& CRAIG STEINMAUS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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585 Kansas Street.
Appealing the conditions placed on a Parking Variance, granted on May 10, 2006, to Susan Mukaeda (legalization of a previously existing illegal in-law unit on the ground floor of an existing one-family dwelling without providing the required off-street parking space).
VARIANCE CASE NO. 2006.0140V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the variance with the deletion of conditions No. 2 & 2a and with adoption of the ZA’s other findings.
SPEAKERS: Jonas Ionin, PD; Joel Yodowitz, attorney for appellants.
PUBLIC COMMENT: John Carney said he owns four properties within 150 feet of the subject property and that he is in favor of ZA’s condition which protects low-cost housing.
(7) APPEAL NO. 06-083
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ROSS WILKINSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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515-695 John Muir Drive.
Protesting the issuance on May 10, 2006, to Delaware Lakewood LLC, Permit to Alter a Building (on 720-unit apartment complex: revision to BPA No. 2006/02/22/5138; total of 480 exhaust fan units to be installed throughout complex).
APPLICATION NO. 2006/05/10/1214.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Knox, the Board voted 5 – 0 to continue the matter to 08/30/06, with the public hearing to remain open, and for the case to be first on the agenda.
SPEAKERS: Marcus Hall, attorney for appellant; Jeff Margulies, attorney for permit holder; Leo McFadden, DBI; Amy Sexton, agent for permit holder.
PUBLIC COMMENT: Silvia Forward; said that she has a problem in her new unit and no humidifier is needed. Henry Stockwell, said that he can’t heat his apartment since Humex unit was installed and his utility bill is up to $176.00; Ron Schmidt, said that he opposes the unit and there is no place to install a unit; Mona Ceregheno, said that she agrees with previous remarks and the unit is very intrusive; Gary Pacetti, said that the permit holder is wrong; Betty Miller, said that she has no idea if the unit works and it drones all the time and due to the droning she can’t read in her living room.
(8) NOTE:
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After adjournment, the Board will be gathering to treat out-going Commissioner Hisashi Sugaya to dinner at Soluna Restaurant at 82 McAllister Street . This is a social event, and no business shall be discussed nor action taken. As required by the Sunshine Ordinance, members of the public may observe the dinner at no cost.
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There being no further business, President Fung adjourned the meeting at 8:33 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from official court reporter.
