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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING  MINUTES - WEDNESDAY, JANUARY 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.

 

Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.

 

 

(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: None.

 

 

(2)    ELECTION OF OFFICERS: 

 

ACTION: Upon motion by President Garcia, the Board voted 5 - 0 to elevate Commissioner Tanya Peterson to the office of Vice President.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

ACTION: Upon motion by Vice President Peterson, the Board voted 5 - 0 to elevate Vice President Frank Fung to the office of President.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(3)    COMMMISSIONERS COMMENTS & QUESTIONS: 

 

SPEAKERS: None.

 

 

(4)    ADOPTION OF MINUTES: 

 

Discussion and possible adoption of the January 14, 2009 minutes.

 

ACTION: Upon motion by Commissioner Mandelman, the Board voted 5 – 0 to adopt the January 14, 2008 minutes.

 

 

(5)    ADDENDUM ITEMS:  None.

 

 

(6)  APPEAL NO. 08-081

JAMES FORCIER, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

Subject Property Owners: NATHALIE LANG

                                          & JOHN WICKER

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 parties to conduct settlement negotiations.

 

ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to February 4, 2009, at the prior written request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(7)  APPEAL NO. 08-161

DMITRY BELOTSERKUSKY, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

1318 Masonic Avenue.

Appealing the imposition of penalty on       Oct. 10, 2008, for plumbing work done without a permit.

APPLICATION NO. PP2008/10/10/948.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to reduce the penalty to $1,200.00.

 

SPEAKERS: Laurence Kornfield, DBI; Dmitry Belotserkuskly, appellant.

 

PUBLIC COMMENT: None.

 

 

(8)  APPEAL NO. 08-165

JOHN LEE, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

1406 Montgomery Street.

Appealing a Letter of Determination dated Oct. 20, 2008, regarding the disapproval of BPA No. 2008/07/03/5940 to expand the existing 12’-6” garage door to 14’-2”.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 3 – 2 to overrule the Zoning Letter of the Determination with adoption of findings at a later time.  Motion failed for lack of four votes. Letter of Determination upheld.

 

SPEAKERS: Tina Tam, PD; John Lee, appellant; Brett Gladstone, attorney for appellant; Jeff Burris, agent for appellant.

 

PUBLIC COMMENT: Bob Planthold spoke in favor of the appellant.

 

 

(9)  APPEAL NO. 08-168

JAMES F. WHITE, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

Subject Property Owner: DAVID McCLOSKEY

109 Alpine Terrace.

Protesting a Letter of Determination dated Oct. 23, 2008, regarding the applicability of height provisions of the Planning Code to the subject property.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to February 11, 2009.

 

SPEAKERS: Lois Kelly, wife of appellant; Brett Gladstone, attorney for subject property owner; Craig Nikitas, PD.

 

PUBLIC COMMENT: Thomas Korte and Brian McCaffrey spoke in favor of the appellant.

 

 

(10)  APPEAL NO. 08-171

JESUS GOMEZ, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

1140 Potrero Avenue.

Protesting the issuance on Nov. 4, 2008, to Tom McDonald, Permit to Alter a Building (one-story addition and horizontal addition; change of occupancy from single-family house to three-unit apartment building).

APPLICATION NO. 2007/05/21/1784S.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to March 4, 2009, with the following items to be submitted: reduced site permit drawings (11x17), letter from geotechnical engineer, to-scale drawings of the detail of the shoring design, all due immediately to appellant, DBI, and BOA, and the briefing schedule to be reset.

 

SPEAKERS: Sue Hestor, attorney for appellant; Yakuh Askew, agent for permit holder; Laurence Kornfield, DBI.

 

PUBLIC COMMENT: None.

 

 

ITEMS (11A) AND (11B) SHALL BE HEARD TOGETHER:

 

(11A)  APPEAL NO. 08-173

HILDA FALKENSTEIN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

2244A Mason Street.

Protesting the issuance on Nov. 6, 2008, to Transition LLC, Permit to Alter a Building (kitchen and bath remodel; add new closets; install new kitchen appliances; new lights; all work in unit 2244A; remove windows over existing sink).

APPLICATION NO. 2008/09/24/2527.

FOR HEARING TODAY.

 

(11B)  APPEAL NO. 08-174

CASSI WRIGHT,

REBECCA CHENG

& ELIZABETH ERNST, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

 

2244 Mason Street.

Protesting the issuance on Nov. 6, 2008, to Transition LLC, Permit to Alter a Building (kitchen and bath remodel; add new closets; install new kitchen appliances; install new light and outlets at kitchen, bathroom/living room area; relocate bathroom fixtures; reconfigure layout; convert kitchen/dining room into kitchen/living room; relocate bedroom to front).

APPLICATION NO. 2008/09/19/2166.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to continue both matters to Feb. 18, 2009, with the public hearing closed to allow time for parties to conduct settlement negotiations.

 

SPEAKERS: Steve Collier, attorney for appellants; Rebecca Cheng, co-appellant; Cassi Wright, co-appellant; Hilda Falkenstein, co-appellant; Blake Mattos, agent for permit holder.

 

PUBLIC COMMENT: None.

 

 

ADJOURNMENT.

 

 

There being no further business, President Fung, adjourned the meeting at 7:40 pm.