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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES – FEBRUARY 13, 2008

 

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

 

PRESENT:  President Michael Garcia, Vice President Katharine Albright, Commissioner Frank Fung, Commissioner Robert Haaland, Commissioner Randall Knox.

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Spencer Gosch, Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; Joel Case, Official Court Reporter.

 

 

(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.

 

SPEAKERS:  None.

 

 

(2)    COMMISSIONERS COMMENTS & QUESTIONS: 

 

SPEAKERS:  None.

 

 

(3)    CLOSED SESSION FOR PUBLIC EMPLOYEE PERFORMANCE EVALUATION: 

                                                                                        

A. Public comment on all matters pertaining to this closed session.

 

B. Closed session. Routine performance evaluation of Interim Department Head, Victor Pacheco     (CA Gov't  Code § 54957 and SF Admin Code § 67.10 ).

 

C. Open session.  Reconvene in open session.  Motion and vote whether to exercise discretion either (1) not to disclose or (2) to disclose any non-confidential portion of the closed session discussion  (SF Admin Code § 67.12(a)).

 

ACTION:  Upon motion by Commissioner Fung, the Board voted 5 – 0 to enter into closed session.  Afterwards, upon motion by Vice President Albright, the Board voted 5 – 0 to not disclose conversations.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(4)    SPECIAL ITEM: 

 

Discussion and possible action to approve job description for Executive Director of                Board of Appeals.  Explanatory documents (draft job descriptions) are available for review at the Board office. 

 

ACTION:  Rescheduled to February 20, 2008.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(5)    SPECIAL ITEM: 

 

Public hearing to discuss and possibly approve amendments to Board rules.  Current version of Board rules are available for review at the Board office, and on the Board website under the link entitled “About”.  Discussion draft of amendments is anticipated to be available by Friday February 8, 2008 at the Board office.

 

ACTION:  Rescheduled to February 20, 2008.

 

SPEAKERS:  Sue Hestor.

 

PUBLIC COMMENT:  None.

 

 

(6)    ADDENDUM ITEMS: 

 

(6a)  REHEARING REQUEST:                                 

Subject property at 491 Bayshore Blvd.  Letter from Sue Hestor, attorney for Mike Boss, appellant, requesting rehearing of Appeal No. 07-194, Boss vs. DBI, PDA, decided Jan. 16, 2008.  At that time, upon motion by President Garcia, the Board voted 3-1-1 (Commissioner Haaland dissented, Commissioner Fung absent) to uphold the subject permit.  Afterwards, upon motion by President Garcia, the Board voted 3-1-1 (Commissioner Haaland dissented, Commissioner Fung absent) to adopt the findings as prepared by the permit holder’s attorney, with amendments.  Permit Holder: Bayshore One LLC.  Project: construct a two-story retail building with 111,719sf of ground floor area; BPA No. 2001/04/09/6352S.

 

ACTION:  Upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Haaland dissented) to deny the rescheduling request.  Afterwards, upon motion by Vice President Albright, the Board voted 4 – 1 (Commissioner Haaland dissented) to deny the rehearing request.

 

SPEAKERS:  Sue Hestor, attorney for appellant; Anna Shimko, attorney for permit holder.

 

PUBLIC COMMENT:  Faith Kirkpatrick spoke in favor of the appellant; Angelo King spoke in favor of the permit holder.

 

 

(6b)  ADOPTION OF FINDINGS:                              

Subject property at 4441-4445 & 4451-4455 Mission Street.  Appeal Nos. 07-135, 07-149 & 07-156, decided  Dec. 12, 2007.  At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to overrule all three Letters of Determination with adoption of findings at a later date.  ZA Letters of Determination: that the applications for development at the subject property continue to comprise a single housing project and as such, is subject to the inclusionary housing requirements of the Planning Code, and that this project is required to provide a minimum of one (1) inclusionary housing unit.

 

ACTION:  Upon motion by Commissioner Knox, the Board voted 4 – 1 (Commissioner Haaland dissented) to adopt the findings (2nd draft).

 

SPEAKERS:  Tuija Catalano, attorney for appellant; Brett Gladstone, attorney for appellant.

 

PUBLIC COMMENT:  None.

 

 

(7)  APPEAL NO. 07-186

ROBERT TRACY, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

3816- 21st Street.

Protesting the issuance on Oct. 1, 2007, to Leo Portal, Permit to Alter a Building (on single-family house: install spiral stair; no structural changes or modification to existing 5’ X 5’ opening).

APPLICATION NO. 2007/09/19/3140.

PUBLIC HEARING HELD & CLOSED ON JAN. 30, 2008.  FOR FURTHER CONSIDERATION TODAY.  Note: matter continued to allow time for DBI to review the project.

 

ACTION:  Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (Vice President Albright absent) to continue the matter to May 14, 2008, to allow time for the permit holder to file for a consolidation permit for the entire project.

 

SPEAKERS:  Spencer Gosch, DBI; John Pollard, agent for permit holder; Robert Tracy, appellant.

 

PUBLIC COMMENT:  None.

 

 

(8)  APPEAL NO. 07-189

ROBERT EASTMAN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION,

                                              Respondent

PLANNING DEPT. APPROVAL

 

119 Gates Street.

Protesting the issuance on Oct. 3, 2007, to Jacqueline McLaughlin, Site Permit to Alter a Building (on single-family house: finish existing unfinished basement; expand existing bath at first level; construct new deck at first and second levels at rear; new patio at existing back yard; new patio doors at new deck – rear yard).

APPLICATION NO. 2006/12/20/0258S.

PUBLIC HEARING HELD & CLOSED ON JAN. 30, 2008.  FOR FURTHER CONSIDERATION TODAY.  Note: matter continued to allow time for parties to negotiate a settlement.

 

ACTION:  Upon motion by Commissioner Fung, the Board voted 3 – 1 – 1 (Commissioner Haaland dissented; Vice President Albright absent) to uphold the permit.

 

SPEAKERS:  Gita Dev, agent for appellant; David Cumby, agent for permit holder.

 

PUBLIC COMMENT:  None.

 

 

(9)  APPEAL NO. 07-217

STEPHEN WILLIAMS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

9 Douglass Street.

Protesting the issuance on Nov. 8, 2007, to Lawrence Nathanson, Permit to Alter a Building (on single-family house: vertical addition to rear portion of house for new master bedroom suite; interior renovation).

APPLICATION NO. 2007/01/11/1515S.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Vice President Albright, the Board voted 5 – 0 to reschedule the matter to Call of the Chair pending the outcome of the CEQA appeal at the Board of Supervisors.

 

SPEAKERS:  Stephen Williams, attorney for appellant; Lawrence Nathanson, permit holder.

 

PUBLIC COMMENT:  None.

 

 

(10)  APPEAL NO. 07-218

CONCERNED NEIGHBORS

OF INGLESIDE TERRACE, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

349 Urbano Drive.

Protesting the issuance on Nov. 8, 2007, to  S. Nguyen, Permit to Alter a Building (on single-family house: comply with NOV No. 200724373; revision to BPA No. 2007/09/18/2962; repair walls, dry rot; replace roof framing per plans; replace stairs – dry rot per plans; driveway repairs; new roof).

APPLICATION NO. 2007/11/07/7492.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Vice President Albright absent) to revoke the permit with a finding that the permit was issued in error due to lack of Planning Code, §311 notice, and due to inaccurate drawings.

 

SPEAKERS:  Suzanne McDonnell, agent for appellant; Steve Williams, attorney for permit holder; Scott Sanchez, PD; Spencer Gosch, DBI.

 

PUBLIC COMMENT:  The following people spoke in favor of the appellant:  Ellen Sandler, Richard Webb, Norman Meunier, and Jim Schneider.

 

 

There being no further business, President Garcia adjourned the meeting at 8:35 p.m.