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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 12, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Tanya Peterson, Commissioner Kendall Goh, Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Carla Short, Urban Forester, Dept. of Public Works Bureau of Urban Forestry (DPW BUF); Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist.
(1) PUBLIC COMMENT:
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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.
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SPEAKERS: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the October 29, 2008 minutes.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to adopt the October 29, 2008 minutes.
(4) SPECIAL ITEM:
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Discussion and possible action to suspend Article V, Sections 1, 2, 4 and 6 of the Rules of the Board, and to adopt special administrative procedures to expedite the Board's appeal process for permit appeals related to the Western Addition Redevelopment Area.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to ask OCA to prepare a draft rule suspending the Rules regarding briefing schedules and hearing date allocation.
SPEAKERS: David Silverman; Sue Hestor; John Adams.
PUBLIC COMMENT: None.
(5) ADDENDUM ITEMS:
(5a) ADOPTION OF FINDINGS:
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No subject property. Hotel Conversion Ordinance. Appeal Nos. 08-088/122, and 08-126/127, UNITE HERE Local 2 vs. ZA, and Fairmont Hotel Co. vs. ZA, respectively, decided October 1, 2008. At that time, upon motion by Commissioner Mandelman, the Board voted 5 – 0 to overrule the Bulletin, and modify the Bulletin (2008-01) pursuant to the ZA’s September 18, 2008 brief. Afterwards, upon motion by Commissioner Mandelman, the Board voted 2 – 3 (President Garcia, Vice President Fung, and Commissioner Peterson dissented) to overrule the Letter of Determination, and modify the Letter of Determination pursuant to the ZA’s September 18, 2008 brief except for the Hyatt Hotel’s placement in the queue. Motion failed for lack of four votes. Lastly, upon motion by Commissioner Peterson, the Board voted 5 – 0 to overrule the Letter of Determination and modify the Letter of Determination and queue pursuant to the ZA’s September 18, 2008 brief.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to adopt the findings as amended including the substantive change to finding #14.
SPEAKERS: Sue Hestor, attorney for UNITE HERE; Caroline Guibert, attorney for Fairmont Hotel; Steve Vettel, attorney for Hyatt Hotel.
PUBLIC COMMENT: None.
(5b) REHEARING REQUEST:
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Subject property at 442 Haight Street. Letter from Brian Soriano, attorney for Jason Beck, MCD Operator / Real Party in Interest, requesting rehearing of Appeal No. 08-104, Selby vs. DBI, PDA, decided Oct. 1, 2008, and findings adopted on Oct. 15, 2008. At the Oct. 1, 2008 meeting, the Board voted 4-1 (Commissioner Mandelman dissented) to revoke the subject permit with adoption of findings at a later date. Permit Holder: Harvey Rudman. Project: legalization of an existing medical cannabis dispensary; no physical alteration to existing space; BPA No. 2007/05/18/1718S.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to continue the matter to November 19, 2008, with the public hearing held and closed.
SPEAKERS: Brian Soriano, attorney for MCD operator; Regan Richardson, agent for MCD operator; Scott Sanchez, PD; Laurence Kornfield, DBI; Thea Selby, appellant.
PUBLIC COMMENT: Cameron Johnson spoke in favor of the MCD; Vallie Brown spoke in favor of the appellant.
(5c) REHEARING REQUEST:
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Subject property at 1960 Golden Gate Avenue. Letter from Raquel Fox, attorney for appellants, requesting rehearing of Appeal No. 08-051, decided Oct. 15, 2008. At that time, the Board voted 3-2 (President Garcia and Commissioner Peterson dissented) to revoke the subject permit. Four votes being required to overturn a departmental action, the permit was upheld. Permit Holder: James Lihue. Project: remove existing deck with invalid easement over subject property; reference BPA No. 2008/02/05/3995; BPA No. 2008/01/28/3333.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule the matter to November 19, 2008.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5d) ADOPTION OF FINDINGS:
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Subject property at 1980 Golden Gate Avenueaka 800-808 Lyon Street. Appeal No. 08-052, decided Oct. 15, 2008. At that time, the Board voted 4-1 (Commissioner Peterson dissented) to revoke the subject permit. Permit Holder: Prana Eight Properties LLC. Project: comply with SFFD BFP NOV and DBI HIS NOV regarding existing deck and 2nd means of egress; new window; provide fire escape to provide 2nd means of egress; BPA No. 2008/02/05/3995.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule the matter to November 19, 2008, to allow for the Findings to be drafted.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 08-081
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JAMES FORCIER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owners: NATHALIE LANG
& JOHN WICKER
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2666 Greenwich Street.
Appealing a Request for Reinstatement of Suspended Permit dated May 19, 2008.
APPLICATION NO. 2008/01/31/3694.
PUBLIC HEARING HELD AND CLOSED ON OCT. 29, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for DBI and Planning staff to conduct a site visit.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to reschedule the matter to December 10, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-129
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LEOPOLDO SAAVEDRA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1515 Innes Avenue.
Protesting the issuance on July 30, 2008, to Wei Chang Li, Permit to Alter a Building (comply with Nov No. 200862438; remove rear stairs to increase 2nd floor deck from 12’ X 10’ to 17’ X 10’.
APPLICATION NO. 2008/07/30/7975.
PUBLIC HEARING HELD AND CLOSED ON OCT. 29, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for PH to seek a plumbing permit for drainage issue.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Laurence Kornfield, DBI; David Saavedra, agent for appellant; Wei Chang Li, permit holder.
PUBLIC COMMENT: None.
(8) APPEAL NO. 08-138
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STEVEN KROLIK, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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301 Locust Street.
Protesting the issuance on Aug. 20, 2008, of Tree Removal Permit.
ORDER NO. 177,730
FOR HEARING TODAY.
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ACTION: Withdrawal letter submitted at hearing.
SPEAKERS: Steven Krolik, appellant; Carla Short, DPW BUF.
PUBLIC COMMENT: None.
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 08-120
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DEAN & CARMEN CHING
and DEWEY & LAURIE ANN WOO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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207 Marietta Drive.
Protesting the issuance on July 29, 2008, to Robert & Maria Tilghman, Permit to Alter a Building (construct 27’ X 15’ outdoor deck; installation of sliding glass door; two windows to fit).
APPLICATION NO. 2008/07/28/7775.
FOR HEARING TODAY.
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(9B) APPEAL NO. 08-123
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FARUQ AHMAD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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207 Marietta Drive.
Protesting the issuance on July 29, 2008, to Robert & Maria Tilghman, Permit to Alter a Building (construct 27’ X 15’ outdoor deck; installation of sliding glass door; two windows to fit).
APPLICATION NO. 2008/07/28/7775.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule both matters to November 19, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 08-140
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WAYNE LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1720 Armstrong Avenue.
Appealing the imposition of penalty on Aug. 21, 2008, for construction work done without a permit.
APPLICATION NO. 2008/08/21/9750.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reduce the penalty to five (5) times the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Wayne Lee, appellant.
PUBLIC COMMENT: None.
(11) APPEAL NO. 08-101
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LEON BRILLANT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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325 Sacramento Street.
Appealing a Letter of Determination dated June 5, 2008, regarding whether the permitted exterior work would qualify the subject building as a “compatible rehabilitation” to be deemed a preservation lot for the purposes of transfer of development rights.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule the matter to December 10, 2008.
SPEAKERS: Scott Sanchez, PD.
PUBLIC COMMENT: None.
(12) APPEAL NO. 08-139
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JENNIFER MURPHY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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371 Prospect Avenue.
Protesting the issuance on Aug. 19, 2008, to Jennifer Burden, Permit to Alter a Building (remove non-permitted unit from housing; remove kitchen at ground level).
APPLICATION NO. 2008/08/19/9541.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule the matter to December 10, 2008.
SPEAKERS: Kevin Greenquist, attorney for the permit holder.
PUBLIC COMMENT: None.
There being no further business, President Garcia adjourned the meeting at 7:45 p.m.
