November 16, 2011

 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, NOVEMBER 16, 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); Susan Cleveland-Knowles, Deputy City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Dan Sider, Assistant to the Zoning Administrator; Aaron Starr, Planner, Planning Department (PD); Shondra Egan, Mayor’s Office of Housing (MOH); 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)    COMMISSIONER COMMENTS & QUESTIONS: 

SPEAKERS: None.

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the October 26, 2011 minutes.

ACTION: Upon motion by President Goh, the Board voted 5-0 to adopt the October 26, 2011 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(4)    SPECIAL ITEM: 

Informational presentation on proposed Planning Code amendments.

ACTION: None.

 

SPEAKERS: Scott Sanchez, ZA and Aaron Starr, PD, presented information to the Board on proposed changes to Planning Code provisions related to parking, awnings, signs, exposure, open space and limited commercial uses.

 

PUBLIC COMMENT: None.

 

(5)  APPEAL NO. 11-094

WINFIELD DESIGN INTERNATIONAL INC., Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent

3000 – 23rd Street aka 2690 Harrison Street. Appealing a Notice of Violation and Penalty dated August 19, 2011, addressed to Thomas Shuen and M.J. Gaines at Winfield Design International Inc., regarding non-compliance with the conditions of approval of Planning Commission Motion No. 16546 and corresponding provisions of the Inclusionary Affordable Housing Program requirements of the Planning Code. FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to deny the appeal and uphold the Zoning Administrator on the basis that he did not err or abuse his discretion and that the 90 day statute of limitations has run.

 

SPEAKERS: Edward Suman, attorney for appellant; Scott Sanchez, ZA; Susan Cleveland-Knowles, OCA; Shondra Egan, MOH.

 

PUBLIC COMMENT: None.

 

(6)  APPEAL NO. 11-095

PAT BUSCOVICH, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent	40-50 Lansing Street. Protesting the issuance August 24, 2011, to Lambert Development Lansing LLC, Permit to Alter a Building (demolish and remove  existing wood form work/shoring at north end of building, adjacent to 15 Guy Place; in order to comply with NOV Nos. 200926808 and 201190414). APPLICATION NO. 2011/08/24/3104. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to continue this matter to January 18, 2012 so that (1) DBI can inspect the site in order to explain to the Board what wood is to be removed and to provide photographs of the site to the Board; and (2) the parties may continue settlement discussions to see if they can reach an agreement. The Board asked DBI to stop pursuing the Notice of Violation during the pendency of the appeal. No additional briefing is allowed with the exception of a settlement agreement if one is ready.

 

SPEAKERS: Pat Buscovich, appellant; Andrew Zacks, attorney for appellant; Claudia Fraiser, subject property owner; Kevin Rose, attorney for permit holder; Joseph Duffy, DBI; Scott Sanchez, ZA.

 

PUBLIC COMMENT: None.

 

 

ADJOURNMENT.

There being no further business, President Goh, adjourned the meeting at 7:15 p.m.