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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, OCTOBER 21, 2009

 

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

 

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

 

Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director and Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Lawrence Badiner, Zoning Administrator, (ZA); 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.

 

SPEAKER:  David Collins spoke regarding permits associated with the property located at 66 Page Street, the French American International School.

 

 

 

(2)    COMMISSIONER COMMENTS & QUESTIONS: 

 

SPEAKERS:  President Fung commended the Board’s former Deputy City Attorney, Catharine Barnes, and thanked her for her many years of service.

 

 

(3)    ADOPTION OF MINUTES: 

 

Discussion and possible adoption of the October 7, 2009 minutes.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to adopt the October 7, 2009 minutes.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(4)    ADDENDUM ITEMS: 

 

(4a)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                        

Subject property at 445 & 479 Bayshore Boulevard and 196 Loomis Street.  Letter from Arlene Campbell, requestor, asking that the Board take jurisdiction over BPA No. 2009/04/02/5438, which was issued on May 21, 2009, and for which the appeal period lapsed on June 5, 2009.  Jurisdiction request was received on Sept. 23, 2009.  Project: demolish one-story retail store (former Goodman’s Lumber).  Permit Holder: Lowe’s Inc.

 

ACTION:  Upon motion by Commissioner Mandelman, the Board voted 5 – 0 to deny the jurisdiction request.

 

SPEAKERS:  Arlene Campbell, requestor; Jim Reuben, attorney for permit holder and subject property owner.

 

PUBLIC COMMENT:  None.

 

  

(5)  APPEAL NO. 07-132

MARSHALL UNGAR

& ELIZABETH LIAN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

2220 Castro Street.

Protesting the issuance on July 20, 2007, to David Chan, Permit to Alter a Building (vertical and horizontal addition).

APPLICATION NO. 2006/04/12/8740S.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to reschedule this matter to Dec. 16, 2009.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

ITEMS (6A) AND (6B) SHALL BE HEARD TOGETHER:

(6A)  APPEAL NO. 09-082

DONALD COPELAND, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

2520-2522 Sutter Street.

Appealing a Letter of Determination dated July 23, 2009, regarding the disapproval of BPA No. 2009/06/02/9581 (legalize replacement of 10 windows at the front façade of the subject building).

FOR HEARING TODAY.

 

(6B)  APPEAL NO. 09-091

DONALD COPELAND, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

2520-2522 Sutter Street.

Appealing the denial on Aug. 19, 2009, of Permit to Alter a Building (replace 10 windows, wood windows to vinyl windows at front; comply with NOV No. 200809125.

APPLICATION NO. 2009/06/02/9581.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Vice President Peterson, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to overrule the Letter of Determination and overrule the denial. The Letter of Determination and denial were upheld for a lack of four votes pursuant to S.F. Charter Sec. 4.106(d).

 

SPEAKERS:  Scott Sanchez, PD; Donald Copeland, appellant; William Ng, agent for appellant; Laurence Kornfield, DBI.

 

PUBLIC COMMENT:  None.

 

 

(7)  APPEAL NO. 09-085

SUE CAUTHEN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

305 Filbert Street.

Protesting the issuance on Aug. 4, 2009, to Gunther Gopp, Permit to Alter a Building (comply with NOV No. 200914042; rebuild interior stair; remodel kitchen and two bathrooms; remove and replace wall and ceiling finishes; upgrade electrical, mechanical and plumbing; replace windows and doors at rear; structural upgrade; revision to BPA No. 2009/05/27/9218; replace rear roof deck, roofing and guardrail; replace wood fireplace with gas).

APPLICATION NO. 2009/07/23/3282.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to uphold the permit.

 

SPEAKERS:  Appellant did not appear; David Thompson, agent for permit holder.

 

PUBLIC COMMENT:  None.

 

  

(8)  APPEAL NO. 09-086

DIANE MARTIN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

2471- 33rd Avenue.

Protesting the issuance on Aug. 5, 2009, to Kathy Sheedy, Permit to Alter a Building (remodel each level of single-family dwelling; 3rd story and rear yard additions; add two bedrooms and two and one-half bathrooms).

APPLICATION NO. 2008/11/24/7213S.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Vice President Peterson, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to uphold the permit.

 

SPEAKERS:  Diane Martin, appellant; Ryan Sheedy, permit holder; Peter Zepponi, agent for permit holder; Scott Sanchez, PD; Laurence Kornfield, DBI; Lawrence Badiner, ZA.

 

PUBLIC COMMENT:  None.

 

 

(9)  APPEAL NO. 09-087

UNION BANK, N.A., Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

350 and 430 California Street.

Appealing a Request for Revocation dated Aug. 7, 2009, addressed to DBI Director Vivian Day, asking that BPA Nos. 2009/05/01/7495 and 2009/05/04/7578 be revoked because they do not comply with Planning Code § 607(g)(1) and were approved in error by the Planning Department.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to continue this matter to Dec. 16, 2009, with the public hearing closed, and to allow time for both parties to discuss options and to allow time for both parties to brief certain issues.

 

SPEAKERS:  Lawrence Badiner, ZA; Laurence Kornfield, DBI; Benjamin Reznik, attorney for appellant.

 

PUBLIC COMMENT:  None.

 

 

ADJOURNMENT.

 

 

There being no further business, President Fung adjourned the meeting at 8:55 p.m.