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Meeting Information



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BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, AUGUST 5, 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); Luis Herrera, City Librarian, San Francisco Public Library (SFPL); Scott Sanchez, Planner, Planning Department (PD); Tina Tam, Senior Planner (PD); Jordanna Thigpen, Enforcement and Legal Affairs Manager, Division of Taxis and Accessible Services, San Francisco Municipal Transportation Agency (SFMTA); 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:  None.

 

 

(3)    ADOPTION OF MINUTES: 

 

Discussion and possible adoption of the July 29, 2009 minutes.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to adopt the July 29, 2009 minutes as amended.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(4)  APPEAL NO. 09-070

INGE HORTON, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

                                   

3223 Ortega Street.

Protesting the issuance on June 23, 2009, to San Francisco Public Library, Permit to Demolish a Building (demolish north wing of existing building; remaining south wing will be transferred to Recreation & Parks Dept.; new library building under BPA No. 2008/10/24/5075 will be constructed about 30 feet from remaining south wing).

APPLICATION NO. 2009/04/23/6995.

FOR HEARING TODAY.

 

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

 

SPEAKERS:  Inge Horton, appellant; Luis Herrera, agent for SFPL; Tina Tam, PD.

 

PUBLIC COMMENT:  The following people spoke in favor of the permit holder: Board of Supervisors member Carmen Chu, Ian, Celia Perez, Sean Ashaya, Jolene N. Garcia (representing Assemblymember Fiona Ma), Carlota Del Portillo, Mel Lee, Charles Higuertes, Art Tom, Maureen Roche, Dan Ryan, Rick Chafian, Clarice Moody, Marian Chatfield-Taylor, Tuan Nguyen, Matt Brauer, Michelle Tom, Larry Kane, Tim Yip, Margaret Fown, Meredith Kurpius, Ellen Egbert, and Anne Wintroub.  The following people spoke in favor of the appellant:  Diana Scott, Zach Stewart, Sue Cauthen, Sarah Kliban, Maury McCarthy, Joan Wood, Evelyn Wilson, Vincent Marsh, Alan Martinez, Howard Wong, Alex Kienker, Bradley Wiedmaier, Kevin Delaney, Bhawd (Gee Gee) Platt, David Tornheim, and Peter Warfield.

 

 

 

ITEMS (5A) AND (5B) SHALL BE HEARD TOGETHER:

 

(5A)  APPEAL NO. 09-053

OPPOSITION TEAM

TO 430 MAIN STREET PROJECT, Appellant(s)

                        vs.

 

PLANNING COMMISSION, Respondent

 

Motion Holder: PORTLAND-PACIFIC MAIN, LLC

                                   

430 Main Street / 429 Beale Street.

Protesting the adoption of findings on May 14, 2009, which authorize a determination of compliance under the Planning Code, and exceptions for dwelling unit exposure under the Planning Code, related to demolition of the site’s existing industrial buildings and the construction of an eight-story, 84 foot building with up to 113 dwelling units over a below-grade parking structure for up to 57 spaces.

MOTION NO. 17878.

FOR HEARING TODAY.

 

(5B)  APPEAL NO. V09-055

OPPOSITION TEAM

TO 430 MAIN STREET PROJECT, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

Variance Holder: PORTLAND-PACIFIC

                            MAIN, LLC

                                   

430 Main Street / 429 Beale Street.

Protesting the granting on May 26, 2009, of Open Space Variance (construction of an eight-story, 84 foot building with up to 113 dwelling units over a below-grade parking structure for up to 57 spaces that does not meet the dimensional and/or exposure requirements for open space).

VARIANCE CASE NO. 2007.1121XV.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4 – 0 (Commissioner Goh absent) to deny the appellants’ request to reschedule both matters.  Afterwards, upon motion by Commissioner Garcia, the Board voted 2 – 2 – 1 (President Fung and Commissioner Mandelman dissented, Commissioner Goh absent) to uphold the adoption of findings and uphold the variance.  The motion failed for a lack of three votes; with four votes needed to overturn the adoption of findings and variance, they are upheld.

 

SPEAKERS:  Roger Meredith, attorney for appellant; Gustavo Leao, agent for appellant; Devlin Gardell, agent for appellant; Tuija Catalano, attorney for motion and variance holder; Scott Sanchez, PD;

 

PUBLIC COMMENT:  The following people spoke in favor of the appellants:  Jamie Whitaker, Michael Barkley, Henry Kleinhenz, S. Y. King, Debi Gould, Melinda Rodgers, Boren Chertkov, Joseph Ku, Andrew Brooks, Cindy Reginato, Zarak Kursheed, and Patricia Campbell.

 

 

(6)  APPEAL NO. 09-072

1900 EDDY STREET LLC TRUST, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

                                   

1900 Eddy Street.

Appealing the imposition of penalty on      June 25, 2009, for plumbing work done without a permit.

APPLICATION NO. PP2009/06/25/262.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4 – 1 (Commissioner Mandelman dissented) to reduce the penalty to two times (2X) the regular fee.

 

SPEAKERS:  Laurence Kornfield, DBI; Randy Hobbs, agent for appellant.

 

PUBLIC COMMENT:  None.

 

 

(7)  APPEAL NO. 09-021

TU LAM, Appellant(s)

                        vs.

 

MUNICIPAL TRANSPORTATION AGENCY

DIVISION OF TAXIS AND

ACCESSIBLE SERVICES, Respondent

Appealing the revocation of Public Passenger Vehicle Permit (A-card) No. 48151 and medallion No. 896.

RESOLUTION NO. 2009-04.

FOR REHEARING TODAY.  Note: On      May 20, 2009, the Board voted 5-0 to uphold the revocation of the subject        A-card and subject medallion.  On July 1, 2009, the Board voted 5-0 to grant the appellant’s rehearing request and to schedule the rehearing for Aug. 5, 2009. 

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 4 – 1 (Commissioner Goh dissented) to deny the rescheduling request.  Afterwards, upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (Commissioner Goh absent) to uphold the revocation of the medallion, and overrule the revocation of the A-card with a finding that the MTA has offered the A-card retention as a settlement.

 

SPEAKERS:  Tu Lam, appellant; Jordanna Thigpen, SFMTA; Geoffrey Rotwein, attorney for appellant.

 

PUBLIC COMMENT:  None.

 

 

ADJOURNMENT.

 

 

There being no further business, President Fung adjourned the meeting at 10:15 p.m.