July 27, 2011
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 27, 2011 5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Kendall Goh, Vice President Michael Garcia, Commissioner Frank Fung, Commissioner Chris Hwang and Commissioner Tanya Peterson. Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Tim Frye, Preservation Coordinator, Planning Department (PD); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); 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: Ray Hartz spoke about concerns he has regarding the qualifications of Board members and access by members of the public to public records held by other City Departments, he also spoke about his experiences as a member of a public body in Honolulu. (2) COMMISSIONER COMMENTS & QUESTIONS: SPEAKERS: Commissioner Tanya Peterson will be absent on September 14, 2011. PUBLIC COMMENT: None. (3) ADOPTION OF MINUTES: Discussion and possible adoption of the July 13, 2011 minutes. ACTION: Upon motion by Commissioner Peterson, the Board voted 5-0 to adopt the July 13, 2011 minutes. SPEAKERS: None. PUBLIC COMMENT: None. (4) APPEAL NO. 10-108 RICHARD & CHER ZILLMAN, Appellant(s) vs. HISTORIC PRESERVATION COMMISSION, Respondent 280 Divisadero Street. Appealing the denial on Sept. 01, 2010, of Certificate of Appropriateness (convert carriage house at rear of subject property to residential unit). CASE NO. 2008.0312A. PUBLIC HEARING HELD ON MARCH 9, 2011. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for the parties to discuss alternate design options; no additional briefing is allowed.
ACTION: Upon motion by Commissioner Hwang, the Board voted 3-2 (Vice President Garcia and Commissioner Fung dissented) to deny the appeal and uphold the Historic Preservation Commission disapproval for the reasons set forth in Historic Preservation Commission Motion No. 78. SPEAKERS: Tim Frye, PD; Richard Zillman, appellant; Cher Zillman, appellant; Scott Sanchez, ZA. PUBLIC COMMENT: None. ITEMS (5A) AND (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 11-067 JACQUIE GREAUX, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 340-342-344 Spruce Street. Protesting the issuance on May 12, 2011, to Love Family Trust, Permit to Alter a Building (remodeling one bathroom; lighting to comply with CEC150(K); no change to windows, walls or doors). APPLICATION NO. 2011/05/12/5871. FOR HEARING TODAY. (5B) APPEAL NO. 11-068 MISTY D’AMORE, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 340 and 356 Spruce Street. Protesting the issuance on May 04, 2011, to Markes Howery, Permit to Alter a Building (remodeling bathroom; repair plumbing; comply with various NOV’s). APPLICATION NO. 2011/05/04/5288. FOR HEARING TODAY. ACTION for Item 5a: Upon motion by Commissioner Fung, the Board voted 5-0 to deny the appeal and uphold the permit on the basis that the project complies with the Building Code. ACTION for Item 5b: Upon motion by President Goh, the Board voted 5-0 to grant the appeal and uphold the permit on the condition that (1) all work be struck from the scope of permit except for the work associated with (a) remodeling the bathroom in unit 340; and (b) abating Notice of Violation No. 201113203; and (2) that the one year bar to reapplying for a permit found in San Francisco Business and Tax Code Article 1, Section 31 shall not apply. SPEAKERS: Jacquie Gréaux, appellant; Mark Epstein, attorney for permit holder; Joseph Duffy, DBI. The appellant for Item 5b did not appear. PUBLIC COMMENT: None. (6) APPEAL NO. 11-072 MICHAEL ROBY, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 1231 York Street. Protesting the issuance on May 23, 2011, to Cui Zhu Li, Permit to Alter a Building (repair for stair in backyard; less than 50%; comply with NOV No. 201136401; repair in kind). APPLICATION NO. 2011/05/23/6603. FOR HEARING TODAY.
ACTION: Upon motion by Vice President Garcia, the Board voted 5-0 to deny the appeal and uphold the permit on the basis that it is compliant with the Building Code. SPEAKERS: Michael Roby, appellant; Bill Weisberg, attorney for appellant; Cui Zhu Li, permit holder; Susan Li, agent for permit holder; Andrew Danielsen, agent for permit holder; Joseph Duffy, DBI. PUBLIC COMMENT: None. (7) APPEAL NO. 11-075 INEZ PRIDE, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 230 Jules Avenue. Protesting the issuance on May 25, 2011, to Stephen Lew, Permit to Alter a Building (one-story horizontal addition at rear including one full bath, two bedrooms and family room; comply with NOV No. 200921467). APPLICATION NO. 2010/05/11/2223S. FOR HEARING TODAY.
WITHDRAWN BY APPELLANT.
ADJOURNMENT. There being no further business, President Goh adjourned the meeting at 8:00 p.m.
