2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 8, 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, Commissioner Sabrina Saunders, and Commissioner Randall Knox.
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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(2) COMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3A) REHEARING REQUEST(S):
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Subject property at 129 Westwood Drive. Letter from Jeffrey Livingston, appellant(s) / requestor(s), requesting rehearing of Appeal No(s). 04-108, 04-109 & 04-124, decided Nov. 10th, 2004. At that time, upon motion by Commissioner Fung, the Board voted 5-0 to uphold the 1st permit (BPA No. 2004/08/03/0421; on single-family house, change existing 2nd floor study room and bedroom to storage per plan; under Building Permit Application No(s). 2004/06/02/5323) with the following condition(s): a) that a Notice of Special Restrictions be recorded on the land records by the permit holder which states that the use of the subject property is restricted to a single-family house; and b) that the stairway leading to the storage area not be open; to uphold the 2nd permit (BPA No. 2004/07/01/7873; on single-family house, repair, roofing, reroofing; replace interior lath and plaster with GYPBD; repair windows; under Building Permit Application No(s). 2004/06/02/5323) with the following condition(s): a) that a Notice of Special Restrictions be recorded on the land records by the permit holder which states that the use of the subject property is restricted to a single-family house; and to uphold the 3rd permit (BPA No. 2004/06/02/5323; on single-family house: add exercise room, family room, laundry and full bath at basement; relocate bathroom fixtures and walls; excavate basement floor and reinforce walls per plans) with the following condition(s): a) that a Notice of Special Restrictions be recorded on the land records by the permit holder which states that the use of the subject property is restricted to a single-family house; and b) that the laundry room be reduced in size. Permit Holder(s): John Zhou.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 5-0 to deny the Requests for Rehearing.
LIST OF SPEAKERS: Jeffrey Livingston, requestor/appellant; Walter Parsley, attorney for permit holder; Laurence Kornfield, DBI.
(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 193 Lower Terrace. Permit issued on March 12, 2004. Last day to appeal was March 29, 2004. Jurisdiction request received on November 18, 2004. Letter from Bob Wheeler, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/08/28/3384. Permit Holder(s): Mahmoud Larizadeh. Project: on 2-unit building, alteration to existing building; new garage; lift building to create garage.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to continue the hearing to December15, 2004.
LIST OF SPEAKERS: Bob Wheeler, requestor; Ahmad Larizadeh, agent for permit holder; Ed Sweeney, DBI; Jonas Ionin, PD.
PUBLIC COMMENT: (For Requestor) Michael Souter said that the permit holder hasn’t respected the process. Edith Souter said the Permit Holder has filed multiple permit applications, that proper notice wasn’t given to neighbors under Section 311, and that he hasn’t respected the process. Gerry Kirwan read the letter from neighbors into the record. Louis Sacchetti said the project is not appropriate for the neighborhood.
(4) CONSENT ITEMS (DBI PENALTY):
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With the consent of the Dept. 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. 04-123
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LINDA STOCKDALE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1961 Hayes Street.
Appeal for refund of penalty imposed on August 31, 2004, for work done without a permit (on 3-unit apartment building: replace existing rotten multi-level decks at rear per plans; work being completed in response to NOV No(s). 200448199).
APPLICATION NO. 2004/05/18/4230.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-1 (Commissioner Fung dissented) to uphold the penalty.
LIST OF SPEAKERS: Laurence Kornfield, DBI; appellant did not appear.
(4B) APPEAL NO. 04-126
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KEN LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1867 Donner Avenue.
Appeal for refund of penalty imposed on September 1, 2004, for work done without a permit (on single-family house: remove 2nd unit per attached NOV at ground floor; rooms behind garage; new use of ground floor as storage and garage only; sheetrock walls).
APPLICATION NO. 2004/08/18/1911.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to reduce the penalty to 2 times the regular fee.
LIST OF SPEAKERS: Laurence Kornfield, DBI; Ken Lee, appellant.
(5) APPEAL NO. 04-081
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LANE LOUIE, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
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950 Grant Avenue.
Protesting the issuance on July 2, 2004, to Elaine Chiu dba “Grand Palace”, Sidewalk Display Merchandise Permit.
PERMIT NO. 04D-265.
PUBLIC HEARING HELD NOV. 10, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 3-2 (President Harrington and Commissioner Knox dissented) to uphold the permit.
LIST OF SPEAKERS: Seth Todd Huntington, DPW BSM; Lane Louie, appellant.
ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:
(6A) 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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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to overrule the denial of the demolition permit with a finding that a soundness report has been submitted which meets the 50% rule, and on condition that this demolition permit be held in abeyance until the permit for the replacement structure is approved.
(6B) 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 Fung, the Board voted 5-0 to continue the site permit case to January 26, 2005.
LIST OF SPEAKERS: Jonas Ionin, PD; Tony Pantaleoni, agent for appellant; Laurence Kornfield, DBI.
PUBLIC COMMENT: (For Planning Commission) Cheryl Duperrault described neighborhood opposition to the project, which is out of character and will destroy a quaint cottage. Marcy Bruins said that mistakes have been made in the neighborhood and they like small family houses. Caroline Massce said project will erode character of the neighborhood and will block her view of sunsets and treetops and that the neighborhood is fragile. (For Appellant) Mark Brennan asked that the project be approved because of the need for more housing since the City has the lowest percentage of home ownership in the nation. Joe O’Donoghue said the building is on its last legs and that the project got caught between changing ideologies of the Planning Commission.
(7) APPEAL NO. 04-077
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DEL CURTO PROPERTIES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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540 Cole Street.
Appealing the denial on July 14, 2004, of Permit to Alter a Building (correct the record to show R3/1 unit for rear building; to legalize existing unit).
APPLICATION NO. 2004/01/12/3836.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 4-1 (President Harrington dissented) to uphold the denial.
LIST OF SPEAKERS: David Siena, agent for appellant; Laurence Kornfield, DBI; Jonas Ionin, PD.
PUBLIC COMMENT: (For PD) Mark Brennan said he opposes appeal because unit was added without permit. Matthew Brennan opposes appeal because owner didn’t go through process and system. Joe O’Donoghue said appellant is very sophisticated as he is in the real estate business.
(8) APPEAL NO. 04-101
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PATRICIA VAUGHEY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2775 Filbert Street.
Protesting the issuance on May 28, 2004, to Tina Bartlett, Permit to Alter a Building (on single-family house: install redwood fence as per plan around property, 10’-0” in height).
APPLICATION NO. 2004/05/28/5113.
JURISDICTION GRANTED JULY 28, 2004.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to uphold the permit with the conditions as agreed to in the letters submitted at the hearing by Jeremy Paul (agent for permit holder).
LIST OF SPEAKERS: Patricia Vaughey, appellant; Jeremy Paul, agent for appellant; Laurence Kornfield, DBI; Francisco Cancini, for appellant.
(9) APPEAL NO. 04-110
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KERI EVILSIZOR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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137-139 Cook Street.
Protesting the issuance on August 4, 2004, to Joseph Tierney, Permit to Alter a Building (on 2-unit building: raise building to create new garage in existing basement; and add new 3rd floor unit).
APPLICATION NO. 2002/06/07/8509S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 5-0 to reschedule the hearing to January 26, 2005.
SPEAKERS: None.
(10) APPEAL NO. 04-128
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GEOFFREY GRATZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1 Federal Street.
Protesting the issuance on September 2, 2004, to LNR Communities, Permit to Alter a Building (on 49-unit apartment building/office building: office expansion; ceiling and interior partition; mechanical/electrical under separate permit; no increase in office space).
APPLICATION NO. 2004/09/02/3239.
FOR HEARING TODAY.
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ACTION: Appeal withdrawn by appellant.
(11) APPEAL NO. 04-129
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RUBEN CORTEZ
& JANNA PAARDEKOOPER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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19 Elsie Street.
Appealing a determination dated September 17, 2004, addressed to Charles St. George Holden, that the Notice of Special Restrictions (NSR No. E206507, recorded on Oct. 19, 1988) which requires that one parking space be provided at the subject property for the use of the property at 17 Elsie Street, is indeed valid, and that the only means of removing this NSR is through a parking variance for 17 Elsie Street.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 3-2 (President Harrington and Commissioner Knox dissented) to uphold the ZA determination.
LIST OF SPEAKERS: Jonas Ionin, PD; Laurnence Kornfield, DBI; Jeremy Paul, agent for appellant; and Kenneth Wachtel, attorney for subject property owner at 17 Elsie St.
(12) APPEAL NO. 04-130
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HELENE deBAUBIGNY
& JOHN GOLOB, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2763 Filbert Street.
Protesting the issuance on September 7, 2004, to Lock & Irene Holmes, Permit to Alter a Building (on single-family house: revisions to Building Permit Application No(s). 2003/08/18/2357 and 2000/05/23/0798; cut-in roof; provide windows for roof access; and one skylight, flat at sloped roof).
APPLICATION NO. 2004/09/07/3487.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to continue the hearing to January 12, 2005 with appropriately dimensioned drawings to be submitted to DBI staff.
LIST OF SPEAKERS: John Golob, co-appellant; Irene Holmes, permit holder; Laurence Kornfield, DBI; Dan Phipps, agent for permit holder.
(13) APPEAL NO. 04-024
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JOHN ATWATER
& DIANA NELSON, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3746 Jackson Street.
Appealing a determination dated March 16, 2004, addressed to David Cincotta, that the proposed expansion, which is not within the front portion of the property where a height increase is permitted, and which, in any case, extends above the 35 foot absolute height limit, would not be allowed under Planning Code §§ 261(b)(1), 261(c), 261(c)(1), and 261(c)(2).
PUBLIC HEARING HELD & CLOSED ON NOVEMBER 17, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 4-1 (vice President Sugaya dissented) to overrule the Zoning Administrator’s determination with adoption of findings as submitted by the appellants’ attorney.
LIST OF SPEAKERS: David Cincotta, attorney for appellant; Jonas Ionin, Planning Department.
There being no further business, President Harrington adjourned the meeting at 9:50 p.m.
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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.
