May 16, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, MAY 16, 2012

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

 

PRESENT:  President Michael Garcia, Vice President Chris Hwang, Commissioner Frank Fung, Commissioner Rich Hillis and Commissioner Arcelia Hurtado.

 

Francesca Gessner, Deputy city Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); John Kwong, Department of Public Works Bureau of Street-Use and Mapping (DPW BSM); 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:  Rodrigo Santos commended the Board members for their hard work and dedication on behalf of the City, and their work to depoliticize the Board over recent years.  He thanked President Garcia for his many years of volunteer service to the City, both on the Board of Appeals and the Ethics Commission, and noted President Garcia’s preparedness for Board meetings, his ability to use his professional arbitration skills to help bring parties together, and President Garcia’s fine character.

 

 

(2)    COMMISSIONER COMMENTS & QUESTIONS: 

SPEAKERS: President Garcia remarked on the occasion of his departure from the Board.  He noted that the Board has a great deal of discretion in how it decides cases and that he has enjoyed the use of this discretion and hopes to have used it properly to assist individuals who have come up against rules and regulations that are unreasonable.  He noted his pleasure at being able to help solve problems and that he has paid particular attention to ensuring that those who appear before the Board without legal representation are given a fair hearing.  President Garcia commented on the diversity of issues that come before the Board and the fine service provided by the City employees who appear before the Board representing different City departments.  He also noted his appreciation for the other Board members with whom he has served, Board staff and Deputy City Attorneys who have assisted the Board.  President Garcia ended his comments by praising the wisdom and service of Commissioner Fung, the Board’s most tenured member.

 

Commissioner Fung thanked President Garcia for his kind words and went on to commend him for his mastery of the issues facing the Board, noting that President Garcia’s handling of Board matters and care for the parties that appear before the Board epitomizes what he wants to see at the Board.  He wished President Garcia luck in his future endeavors and hoped he will be able to bring his reasonableness and sensibility to future public office.  Director Goldstein expressed her appreciation for President Garcia’s support of the work of Board staff, the professionalism and degree of intelligence he has brought to his role as a Board member and thanked him for his service to the City.

 

PUBLIC COMMENT: None.

 

 

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the April 25, 2012 minutes.

ACTION: Upon motion by President Garcia, the Board voted 5-0 to adopt the April 25, 2012 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(4)  APPEAL NO. 12-042

JEFF COOPER, Appellant(s)                      vs.   DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING,                                                      Respondent	156 – 27th Avenue. Protesting the issuance on March 15, 2012, to NextG Networks of California Inc., Wireless Box Permit. PERMIT NO. 11WR-0002. FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Hillis, the Board voted 4-1 (President Garcia dissented) to grant the appeal and overturn the permit with adoption of findings at a later time.

 

SPEAKERS: Jeff Cooper, appellant; Natasha Ernst, attorney for permit holder; John Kwong, DPW.

 

PUBLIC COMMENT: Gay Outlaw, Charles Chongo and Ravi Mohaw spoke in support of the appellant.

 

 

 

 

 

 

 

(5)  APPEAL NO. 12-021

LAURIE HERRAIZ, Appellant(s)                      vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL

395 Arkansas Street aka 1566 - 19th Street. Protesting the issuance on February 03, 2012, to Neill Sullivan, Permit to Alter a Building (complete internal remodeling; rebuild bay window and add new windows, expand existing deck). APPLICATION NO. 2012/01/26/2966. PUBLIC HEARING HELD ON APRIL 11, 2012; FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for DBI and Planning staff to             re-review the approved plans, and allow time for permit holder to submit revised plans; additional briefing is allowed.

 

ACTION: Upon motion by Vice President Hwang, the Board voted 5-0 to grant the appeal and condition the permit on the revised plans dated May 16, 2012 submitted at the hearing, and the list of modifications submitted by the appellant dated May 16, 2012, on the basis that this reflects the agreement of the parties.

 

SPEAKERS: Matthew Baran, agent for permit holder; Joseph Duffy, DBI.

 

PUBLIC COMMENT: Drew Hess asked about the process for filing a complaint if the permit holder exceeds the scope of the permit.

 

 

(6)  APPEAL NO. 12-044

MARIA CARTAGENA, Appellant(s)                      vs.   DEPT. OF BUILDING INSPECTION, Respondent	270 Montana Street. Appealing the imposition of penalty on March 26, 2012, for construction work done without a permit. APPLICATION NO. 2012/03/26/6814. FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to grant the appeal and reduce the penalty to two times the permit fee.

 

SPEAKERS: Maria Cartagena, appellant; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

 

 

 

 

(7)  APPEAL NO. 12-037

DAVID CINCOTTA, Appellant(s)                      vs.   DEPT. OF BUILDING INSPECTION, Respondent	1858 Green Street. Protesting the issuance on March 15, 2012, to Ben Lee, Permit to Alter a Building (obtain final inspection for work approved under BPA No. 8804932; to renew expired permit for final inspection; all work completed). APPLICATION NO. 2012/03/15/6111. FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to deny the appeal and uphold the permit on the basis that DBI will undertake all necessary inspections.

 

SPEAKERS: David Cincotta, appellant; Sarah Rafanelli, agent for appellant; Stephen Williams, attorney for permit holder; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

 

(8)  APPEAL NO. V12-040

MICHAEL HSIEH, Appellant(s)                      vs.   ZONING ADMINISTRATOR, Respondent	2808 Laguna Street. Appealing the conditions placed on a Rear Yard Variance (construct two spiral staircases and roof deck at uppermost roof of existing two-story over basement, single-family dwelling). VARIANCE CASE NO. 2011.0943V. FOR HEARING TODAY.

WITHDRAWN BY APPELLANT.

 

(9)  APPEAL NO. 12-041

SUCCESS DEVELOPMENT INC., Appellant(s)                      vs.   ZONING ADMINISTRATOR, Respondent	651-655 Geary Street. Appealing a Letter of Determination dated March 09, 2012, addressed to Anne Epperly at Luce Forward LLP, regarding the validity of a Conditional Use Authorization to demolish the existing building and construct a 13-story mixed use building at the subject property. FOR HEARING TODAY.

ACTION: Upon motion by President Garcia, the Board voted 5-0 to reschedule the matter to July 25, 2012 at the mutual request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

ADJOURNMENT.

There being no further business, President Garcia adjourned the meeting at 7:45 p.m.