January 20, 2010

 

 

BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, JANUARY 20, 2010

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

PRESENT: President Tanya Peterson, Vice President Kendall Goh, Commissioner Frank Fung, Commissioner Michael Garcia and Commissioner Rafael Mandelman.

Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector and Deputy Director, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

(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) ELECTION OF OFFICERS:

Annual election of the Board’s President and Vice President.

ACTION: Upon motion by President Frank Fung, the Board voted 5-0 to elevate Vice President Tanya Peterson to the office of President. Upon motion by President Peterson, the Board voted 5-0 to elevate Commissioner Kendall Goh to the office of Vice President.

SPEAKERS: None.

PUBLIC COMMENT: None.

 

 

(3) COMMISSIONER COMMENTS & QUESTIONS:

 

SPEAKERS: None.

 

 

(4) ADOPTION OF MINUTES:

Discussion and possible adoption of the Jan. 13, 2010 minutes.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to adopt the January 13, 2010 minutes as amended.

SPEAKERS: None.

PUBLIC COMMENT: None.

 

 

(5) APPEAL NOS. 09-105 & V09-132:

Subject Property at 100 – 32nd Avenue. Consideration and possible action on the request of the parties to reopen the hearing and allow the submittal of supplemental briefing and further arguments at the February 3, 2010 hearing on these matters.

ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to reject the appellant’s late submittal, to reopen briefing to allow each party to submit a 5-page update brief, and to reopen the hearing to allow a five minute presentation per party.

SPEAKERS: Derek St. Pierre, attorney for appellant; Alice Barkley, attorney for permit and variance holders; Scott Sanchez, PD.

PUBLIC COMMENT: None.

 

 

 

(6) APPEAL NO. 09-127

 

ANDREW LEE, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent	422 Vicente Street. Appealing the denial on October 19, 2009, of Tree Removal Permit. ORDER NO. 178,364. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to grant the parties’ request to reschedule this matter to April 14, 2010.

SPEAKERS: None.

PUBLIC COMMENT: None.

 

 

(7) APPEAL NO. 09-131

GRIGORY LUBARSKY, Appellant(s) vs. MUNICIPAL TRANSPORTATION AGENCY DIVISION OF TAXIS & ACCESSIBLE SERVICES, Respondent	Appealing the denial on October 28, 2009, of Taxi Medallion (P16 Permit). LIST NO. 6-668. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to grant the parties’ request to reschedule this matter to February 24, 2010.

SPEAKERS: None.

PUBLIC COMMENT: None.

 

 

(8) APPEAL NO. 09-123

AUGUSTINE FALLAY, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	1760 Filbert Street. Protesting the issuance on Oct. 14, 2009, to Robert Aldoroty, Permit to Alter a Building (comply with NOV No. 200859731; expand garage at 1st level to east property line; construct new deck and parapet wall above expanded garage). APPLICATION NO. 2008/10//27/5213S. FOR HEARING TODAY.

ACTION: Upon motion by President Peterson, the Board voted 5-0 to continue this matter to February 24, 2010 to allow the parties additional time to discuss settlement.

SPEAKERS: Augustine Fallay, appellant; Daniel Ewald, agent for permit holder.

PUBLIC COMMENT: None.

 

 

(9) APPEAL NO. 09-135

NELSON DIAZ, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent	839 London Street. Appealing the imposition of penalty for plumbing work done without a permit. APPLICATION NO. PP2009/11/06/178. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to continue this matter to February 24, 2010, with the public hearing held and closed, in order to allow DBI time to review the matter further.

SPEAKERS: Laurence Kornfield, DBI; Nelson Diaz, appellant.

PUBLIC COMMENT: None.

 

(10) APPEAL NO. 09-130

EDWARD DeSAULNIER, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	272 Connecticut Street. Protesting the issuance on Oct. 22, 2009, to Richard Fiore, Permit to Alter a Building (correction of rear stairway / 2nd means of egress; reflect adjustments to comply with NOV No. 200922022; reduce rear yard landing from 4’-8” to 38” depth to comply with NOV No. 200736000. APPLICATION NO. 2009/10/15/9011. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to deny the appeal and uphold the permit.

SPEAKERS: Daniel Walsh, agent for permit holder; Scott Sanchez, PD. Appellant was not present.

PUBLIC COMMENT: Greg Corrado spoke in support of denying the permit.

 

 

(11) APPEAL NO. 09-133

MARK DISTLER, RACHEL KLYCE, ALLISON GERGLEY, KIMBERLEY SIKARA, & EMMANUEL CHOCANO, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	72 Kissling Street. Protesting the issuance on Nov. 4, 2009, to Charles Wehrenberg, Permit to Alter a Building (comply with NOV No. 20094711; install seven 48” high fence posts along 30’ of parapet wall on SW facing wall of building; attach uprights with concrete screws; bolt 48” high expanded metal fencing to uprights). APPLICATION NO. 2009/11/04/0534. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to continue this matter to Feb. 24, 2010, with the public hearing held and closed, to allow the parties additional time to discuss settlement.

SPEAKERS: Mark Distler, appellant; Emmanuel Chocano, appellant; Allison Gergley, appellant; Charles Wehrenberg, permit holder; Laurence Kornfield, DBI; Scott Sanchez, PD.

PUBLIC COMMENT: Nati Ramirez spoke in support of appellants.

(12) APPEAL NO. 09-134

STEVEN FILLIPOW, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	58 Wilmot Street. Protesting the issuance on Oct. 30, 2009, to Pine Street Holdings LLC, Permit to Erect a Building (three-story, single-family residence). APPLICATION NO. 2007/03/09/5886S. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Garcia, the Board voted 5-0 to grant the parties’ request to reschedule this matter to Feb. 10, 2010.

SPEAKERS: None.

PUBLIC COMMENT: None.

ADJOURNMENT.

There being no further business, President Peterson adjourned the meeting at 7:05 p.m.