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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 3, 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.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director and Chief Building Inspector, Department of Building Inspection (DBI); Tara Sullivan, Planner, Planning Department (PD); John Purvis, Planner, Planning Department (PD); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
ABSENT: 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: Raquel Fox expressed concern that the wheelchair lift at the front entrance to City Hall is out of service. President Fung asked the Executive Director to bring this to the attention of City Hall facilities management.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the May 20, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the May 20, 2009 minutes as amended.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) SPECIAL ITEM:
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Presentation by staff of the Mayor’s Office on Disability.
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SPEAKERS: Susan Mizner, Executive Director, Mayor’s Office on Disability and Mariam Morley, Deputy City Attorney presented information to the Board on the Americans with Disabilities Act and other laws and policies related to disability access.
PUBLIC COMMENT: None.
(5) ADDENDUM ITEMS: None.
(6) APPEAL NO. 09-012
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ALAN REVERE, NANCY BARAN,
BART KYLSTRA, JEFF WILKINSON,
STEVE SIMONS, RICHARD SERRAO,
STACY THAL, R. SAMUEL KLATCHKO, STEPHEN YI-KRAWCZYK,
& YU LING CHEN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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170-172 Clara Street.
Protesting the issuance on Jan. 16, 2009, to Fritz Schneider, Permit to Alter a Building (seismic upgrade; enclose storage, add exterior courtyard, new stair, new ADA bathroom, and new storage on level one; remove portion of level two floor, new stair, new bathroom, and new storage on level two; add skylights; new roof access with perimeter parapet).
APPLICATION NO. 2007/12/31/1629.
PUBLIC HEARING HELD AND CLOSED ON MARCH 25, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the Planning Dept. to process § 312 notification in regards to the phase two building permit.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the permit with conditions and findings as amended.
SPEAKERS: Laurence Kornfield, DBI; Tara Sullivan, Planner, PD; Brett Gladstone, attorney for permit holder.
PUBLIC COMMENT: None.
(7) APPEAL NO. 09-029
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CBS OUTDOOR INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner: TONY AZZOLINI
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885 Bryant Street.
Appealing a Letter of Determination dated March 11, 2009, regarding BPA No. 2008/02/23/4752 for the deconstruction and replacement of a rooftop general advertising sign at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 1 (Vice President Peterson dissented) to uphold the Letter of Determination.
SPEAKERS: Arthur Coon, attorney for appellant; John Purvis, PD; Tara Sullivan, Planner, PD; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(8) APPEAL NO. 09-031
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JEFFREY & SOPHIE LAU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1430 Larkin Street.
Appealing the imposition of penalty on March 20, 2009, for electrical work done without a permit.
APPLICATION NO. E2009/03/20/7901.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 1 (Commissioner Mandelman dissented) to reduce the penalty to five times (5X) the original fee.
SPEAKERS: Laurence Kornfield, DBI; Sophie Lau, appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 09-032
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AMY MARTIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1700 Golden Gate Avenue #1.
Protesting the issuance on March 25, 2009, to Bill Cody, Permit to Alter a Building (“rooms down” alteration; install spiral stair in apt. unit down to basement level; convert basement to habitable rooms, two bedrooms and one bathroom; no alteration to envelope; alterations for one apt. unit only).
APPLICATION NO. 2009/03/03/3192.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Appellant and permit holder did not appear.
PUBLIC COMMENT: None.
(10) APPEAL NO. 09-033
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JOYCE NARDONE,
LYNN MORGAN,
PATRICK GAFFNEY,
& BETH WILSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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101 Frederick Street.
Protesting the issuance on Feb. 4, 2009, to Thomas Mitchell, Permit to Alter a Building (in all units relocate kitchen to dining area; convert kitchen to bedrooms; replace shower pans; rebuild rear stair in kind; repair dry rot damage to exterior wall).
APPLICATION NO. 2009/02/03/1315.
JURISDICTION GRANTED MARCH 25, 2009
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to uphold the permit on the condition that: a) items 1 and 2 of the scope of work (relocate kitchen to dining area, convert kitchen to bedrooms) be struck from permit; b) the shower pans identified in item 3 be replaced only if upon testing it is deemed required; and c) permit holder provide the termite reports referenced at hearing to the appellants. At the request of President Fung, this matter will be calendared on the Board’s June 10, 2009 agenda as a Motion to Rehear and Possible Rehearing for the sole purpose of correcting and clarifying the Board’s action with respect to its application to any vacant unit(s) at the property.
SPEAKERS: Paul Wick, agent for appellants; Raquel Fox, attorney for appellants; Joyce Nardone, appellant; Patrick Gaffney, appellant; Lynn Morgan, appellant; Thomas Mitchell, permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 8:05 p.m.
