Meeting Information

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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, AUGUST 12, 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); Spencer Gosch, Senior Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, 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)    COMMISSIONER COMMENTS & QUESTIONS: 

 

SPEAKERS:  Commissioner Garcia noted the passing of land use expert Debra Stein and remarked on her generosity of spirit and her contribution to the work of the Board.

 

 

 

(3)    ADOPTION OF MINUTES: 

 

Discussion and possible adoption of the August 5, 2009 minutes.

 

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

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(4)    ADDENDUM ITEMS: 

 

(4a)  ADOPTION OF FINDINGS:                         

Subject property at 256 Laguna Honda Blvd.  Appeal No. 09-025, Glass Properties LP vs. ZA, decided June 10, 2009.  At that time, the Board voted 4-0-1 (Commissioner Garcia recused) to overrule the NOV on condition that on-going sound transmission measures be continued, that contact information for security personnel and event operators be given to the neighbors, that events end by 11:00 pm, and that all patrons leave the premises by 11:30 pm, with adoption of findings at a later time.

 

ACTION:  Upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Garcia recused) to adopt the findings.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(4b)  ADOPTION OF FINDINGS:                         

Subject property at 2500 Folsom Street.  Appeal No. 09-046, Luna vs. ZA, decided July 8, 2009.  At that time, the Board voted 5-0 to overrule the Letter of Determination with findings and conditions to be adopted at a later time.  LOD: regarding the status of the commercial use of the ground floor unit at the subject property.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to adopt the Planning Department’s version of the findings.

 

SPEAKERS:  Brett Gladstone, attorney for appellant; Leticia Luna, appellant; Scott Sanchez, PD.

 

PUBLIC COMMENT:  None.

 

 

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

Subject property at 1760 Filbert Street.  Letter from Augustine Fallay, agent for Lilly Pong, requestor, asking that the Board take jurisdiction over BPA No. 2007/11/13/7997, which was issued on May 15, 2009, and for which the appeal period lapsed on June 1, 2009.  Permit Holder: 4051 Elm Street LLC.    Project: interior remodel to expand Unit 6 into existing storage area; change from S-3 to R-1; reconfigure Units 5 and 6 at 2nd floor; MEP, fire alarm and fire sprinkler under separate permit.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5 – 0 to deny the Jurisdiction Request.

 

SPEAKERS:  Augustine Fallay, agent for requestor; Pat Buscovich, agent for permit holder; Scott Sanchez, PD; Spencer Gosch, DBI.

 

PUBLIC COMMENT:  None.

 

 

(5)  APPEAL NO. 09-049

SALLY SUMMERS dba “MYSTIC READER”, Appellant(s)                         vs.   POLICE DEPARTMENT, Respondent	5485 Mission Street. Appealing the denial on April 27, 2009, of Fortune Teller Permit. FOR HEARING TODAY.

 

Withdrawn by appellant.

 

 

(6)  APPEAL NO. 09-056

MONICA QUATTRIN, Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent	1195-1197-1199 Sanchez Street. Appealing a Letter of Determination dated May 21, 2009, addressed to Jeremy Paul at Quickdraw Permit Consulting, regarding the legal dwelling-unit count for the subject property. FOR HEARING TODAY.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to overturn the Letter of Determination with findings and conditions to be adopted at a later time.

 

SPEAKERS:  Jeremy Paul, agent for appellant; John Burns, agent for appellant; Scott Sanchez, PD; Spencer Gosch, DBI.

 

PUBLIC COMMENT:  None.

 

 

(7)  APPEAL NO. V09-057

KAUSHIK DATTANI, Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent	3665-3669 – 18th Street. Appealing the denial on May 29, 2009, of Parking and Exposure Variances (legalize an existing, vacant, fifth dwelling-unit which was constructed without the benefit of permits at the ground floor of the three-story building). VARIANCE CASE NO. 2009.0042V. FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5 – 0 to continue this matter to October 7, 2009, with the public hearing held and closed, in order to allow time for the DBI and PD to conduct a site visit, and for appellant to submit additional information pursuant to the Board’s comments.

 

SPEAKERS:  Scott Sanchez, PD; Bob Noelke, agent for appellant; Spencer Gosch, DBI.

 

PUBLIC COMMENT:  Robert Seymour spoke in favor of the Zoning Administrator.

 

 

ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:

 

(8A)  APPEAL NO. 09-059

PETER LIN, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	1239 – 6th Avenue. Protesting the issuance on June 1, 2009, to Jonah Michaelian, Permit to Alter a Building (comply with NOV No. 200907022; convert existing flat roof to roof deck; reframe existing window opening to create new door to deck; deck is less than 10’ from grade; upgrade joist at deck. APPLICATION NO. 2009/05/29/9378. FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4 – 1 (Vice President Peterson dissented) to reschedule this matter to the Call of the Chair in order for the Planning Dept. to process the required notice and possible Discretionary Review hearing.

 

SPEAKERS:  Scott Sanchez, PD; Spencer Gosch, DBI; Peter Lin, appellant; Jonah Michaelian, permit holder.

 

PUBLIC COMMENT:  None.

 

 

(8B)  APPEAL NO. 09-060

JONAH MICHAELIAN, Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent	1237-1241 – 6th Avenue. Appealing a Request for Suspension dated June 3, 2009, addressed to DBI Director Vivian Day, asking that BPA No. 2009/05/29/9378 be suspended because it was approved over the counter by Planning Dept. staff without proper notification to neighbors. FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 2 – 3 (President Fung and Commissioners Goh and Mandelman dissented) to overturn the Request for Suspension with a finding that the Board’s appeal notification procedures cured the lack of notice by Planning and with a further finding that the situation arose due to City processes and not due to actions by the project sponsor. The motion failed for a lack of three votes; with four votes needed to overturn the request for suspension, the ZA’s Request for Suspension is upheld.

 

SPEAKERS:  Scott Sanchez, PD; Spencer Gosch, DBI; Jonah Michaelian, appellant.

 

PUBLIC COMMENT:  Peter Lin spoke in favor of the ZA.  Lawrence Rosenfeld spoke in favor of the appellant.

 

 

(9)  APPEAL NO. 09-063

JOEL & LISA WAGONFELD, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL	2829 Green Street. Appealing the denial on June 18, 2009, of Permit to Alter a Building (revisions to approved BPA No. 2006/02/23/5308; 298sf 2nd floor infill horizontal addition [bedroom/bathroom and laundry]; 10 new skylights; fenestration changes to doors and windows at 1st and 2nd floors; deletion of 2nd floor balcony and bridge). APPLICATION NO. 2008/07/18/7090S. FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 2 – 3 (President Fung and Commissioners Goh and Mandelman dissented) to overrule the denial, and grant the permit on the condition that the most recently revised version of the plans be used.  The motion failed for a lack of four votes, the denial is upheld.

 

SPEAKERS:  Scott Sanchez, PD; Joel Wagonfeld, appellant, agent for appellant.

 

PUBLIC COMMENT:  Brooke Sampson spoke in favor of the PD.

 

 

(10)  APPEAL NO. 09-078

HUI LUO, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent	657 Huron Avenue. Appealing the imposition of penalty on       July 29, 2009, for construction work done without a permit. APPLICATION NO. 2009/07/29/3722. FOR HEARING TODAY.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to reduce the penalty to two times (2X) the regular fee.

 

SPEAKERS:  Spencer Gosch, DBI; Hui Luo, appellant.

 

PUBLIC COMMENT:  None.

 

 

ADJOURNMENT.

 

 

There being no further business, President Fung adjourned the meeting at 9:05 p.m.