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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, SEPT. 10, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Commissioner Kendall Goh, and 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); Victor Pacheco, Interim Department Head; Manuel Payes, Clerk Typist.
NOTE: The Board Currently has two vacancies.
(1) CLOSED SESSION:
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PUBLIC EMPLOYEE APPOINTMENT- Executive Director, Board of Appeals - ACTION
Open Session:
Public Comment (on all matters pertaining to the closed session item)
- Vote on whether to hold closed session pursuant to CA Gov't. Code § 54957(b)(1) and SF Admin. Code §67.10(b)
- Closed Session to evaluate written job applications
- Reconvene in Open Session:
(The Board shall reconvene no earlier than 6:00 PMor as soon thereafter as the closed session agenda is completed)
a) Vote whether to disclose any or all discussions held in closed session (SF Admin. Code 67.12(a)).
b) Disclosure of action taken in closed session.
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ACTION: Upon motion by President Garcia, the Board voted 3 - 0 to convene in closed session.
SPEAKERS: None.
PUBLIC COMMENT: None.
ACTION: Upon motion by President Garcia, the Board voted 3 – 0 to not disclose the contents of the closed session discussion.
SPEAKERS: None.
PUBLIC COMMENT: None.
(2) SPECIAL ITEM:
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Executive Director, Board of Appeals; Selection Procedures - ACTION
Discussion and possible action to approve procedures for selecting Executive Director, Board of Appeals, including, but not limited to, setting dates and times for and creation of a subcommittee of the Board to interview candidates and recommend finalists to the Board.
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ACTION: Upon motion by Commissioner Goh, the Board voted 3 – 0 to create a subcommittee consisting of President Garcia and Commissioner Goh, with Commissioner Mandelman as an alternate.
SPEAKERS: None.
PUBLIC COMMENT: None.
(3) 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.
(4) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(5) ADOPTION OF MINUTES:
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Discussion and possible adoption of the August 13, 2008 and August 20, 2008 minutes.
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ACTION: Upon motion by President Garcia, the Board voted to adopt the 08/13/08 and 08/20/08 minutes.
(6) ADDENDUM ITEMS: None.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 08- 051
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TENANTS AT 800-808 LYON ST.
& 1960-1980 GOLDEN GATE AVE., Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1960 Golden Gate Avenue.
Protesting the issuance on April 3, 2008, to James Ulahue, Permit to Alter a Building (remove existing deck with invalid easement over subject property; reference BPA No. 2008/02/05/3995).
APPLICATION NO. 2008/01/28/3333.
FOR HEARING TODAY. Note: Matter continued to await outcome of CEQA appeal at Board of Supervisors.
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(7B) APPEAL NO. 08- 052
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TENANTS AT 800-808 LYON ST.
& 1960-1980 GOLDEN GATE AVE., Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1980 Golden Gate Avenue
aka 800-808 Lyon Street.
Protesting the issuance on April 3, 2008, to Prana Eight Properties LLC, Permit to Alter a Building (comply with SFFD BFP NOV and DBI HIS NOV regarding existing deck and 2nd means of egress; new window; remove deck with invalid easement over adjacent property [separate permit]; provide fire escape to provide 2nd means of egress).
APPLICATION NO. 2008/02/05/3995.
FOR HEARING TODAY. Note: Matter continued to await outcome of CEQA appeal at Board of Supervisors.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 0 to reschedule both matters to 10/15/08.
SPEAKERS: Raquel Fox, attorney for appellants; Andrew Zacks, attorney for permit holder.
PUBLIC COMMENT: None
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 08-105
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ELIZABETH PAIK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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430 Arch Street.
Appealing the imposition of penalty on June 13, 2008, for construction work done without a permit.
APPLICATION NO. 2008/06/02/3380.
FOR HEARING TODAY.
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(8B) APPEAL NO. 08-110
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ELIZABETH PAIK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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430 Arch Street.
Appealing the imposition of penalty on June 25, 2008, for plumbing work done without a permit.
APPLICATION NO. PP2008/06/25/926.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 3 – 0 to reduce both penalties to two times the regular fee.
SPEAKERS: None. DBI consented to the reduction.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-112
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ELLEN GALANG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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32 Sala Terrace.
Appealing the imposition of penalty on June 27, 2008, for construction work done without a permit.
APPLICATION NO. 2008/06/26/5427.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 3 – 0 to reduce the penalty to two times the regular fee.
SPEAKERS: None. DBI consented to a reduction.
PUBLIC COMMENT: None.
(10) APPEAL NO. 08-100
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WELL-CARE ACUPUNCTURE
& HEALTH CENTER INC.,, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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4726 Geary Boulevard.
Appealing a Notice of Violation dated March 19, 2008, regarding the operation of an unauthorized massage establishment at the subject property.
JURISDICTION GRANTED JUNE 4, 2008.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 0 to reschedule the matter to 10/15/08.
SPEAKERS: None.
PUBLIC COMMENT: None.
(11) APPEAL NO. 08-103
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CUSTOM EXTERIORS INC. , Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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710 Powell Street.
Appealing the denial on June 16, 2008, of Permit to Alter a Building (replace 113 windows in 16 suites and other shared areas of building).
APPLICATION NO. 2007/06/21/4675.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(12) APPEAL NO. 08-104
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THEA SELBY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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442 Haight Street.
Protesting the issuance on May 6, 2008, to Harvey Rudman, Permit to Alter a Building (legalization of an existing medical cannabis dispensary; no physical alteration to existing space).
APPLICATION NO. 2007/05/18/1718S.
JURISDICTION GRANTED JUNE 18, 2008.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 3 – 0 to reschedule the matter to 10/01/08.
SPEAKERS: None.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further Business, President Garcia adjourned the meeting at 6:15pm.
