To view graphic version of this page, refresh this page (F5)

Skip to page body

Meeting Information



2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 

 

 BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, SEPTEMBER 9, 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); Francesca Gessner, Deputy City Attorney, OCA; Laurence Kornfield, Deputy Director and Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD);     Dr. Johnson Ojo, Principal Inspector, Department of Public Health (DPH); 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 Mandelman asked the Planning Department to send its memo regarding the complaint filed on the property located at 770 18th Avenue (Appeal No. 08-049) to the members of the public who had filed the complaint.

 

  

(3)    ADOPTION OF MINUTES: 

 

Discussion and possible adoption of the August 12, 2009 minutes.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to adopt the August 12, 2009 minutes.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

 

(4)    ADDENDUM ITEMS: 

 

 

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

Subject property at 25-29 Precita Avenue.  Letter from Tyler Macmillan, attorney for Maureen Murray, requestor, asking that the Board take jurisdiction over BPA No. 2009/06/23/1027, which was issued on June 23, 2009, and for which the appeal period ended on July 8, 2009.  Permit Holder:  Linnet Jones.  Project: remove un-permitted residential work at 1st floor commercial space.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5 – 0 to grant the jurisdiction request, and to schedule an expedited hearing in October 2009.

 

SPEAKERS:  Tyler MacMillan, attorney for requestor; Pat Buscovich, agent for permit holder; Ron Schivo, attorney for permit holder; Scott Sanchez, PD.

 

PUBLIC COMMENT:  None.

 

  

(4b)  REHEARING REQUESTS:                                                 

Subject property at 430 Main Street / 429 Beale Street.  Letter from Gustavo Leao, agent for Opposition Team to 430 Main Street Project, appellant, requesting rehearing of Appeals Nos.   09-053 and V09-055, decided Aug. 5, 2009.  At that time, 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 to uphold the variance.  Four votes being required to overturn a departmental action, the Planning Commission’s adoption of findings and the Zoning Administrator’s granting of the variance were upheld.  Project Sponsor: Portland-Pacific Main, LLC.  Project:  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.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to reschedule both rehearing requests to September 30, 2009.

 

SPEAKERS:  Dave Ince, co-appellant; Tuija Catalano, attorney for motion holder and variance holder; Scott Sanchez, PD.

 

PUBLIC COMMENT:  None.

 

  

(4c)  ADOPTION OF FINDINGS:                          

Subject property at 1195-1197-1199 Sanchez Street.  Appeal No. 09-056, Quattrin vs. ZA, decided Aug. 12, 2009.  At that time, upon motion by President Fung, 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 legal dwelling-unit count for the subject property.

 

ACTION:  Upon motion by Commissioner Garcia, the Board voted 5 – 0 to adopt the findings as amended.

 

SPEAKERS:  None.

 

PUBLIC COMMENT:  None.

 

  

(5)  APPEAL NO. 09-065

MDN ENTERPRISES INC.

dba “SILVER GAS & DIESEL”, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

 

 

2400 San Bruno Avenue.

Appealing a forty-five (45) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on June 10, 2009.  Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. FD-09-074.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Vice President Peterson, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to reduce the suspension to thirty (30) days.  The forty-five (45) day suspension is upheld due to a lack of four (4) votes.

 

SPEAKERS:  Dr. Johnson Ojo, DPH; Dean Najdawi, agent for appellant; Solita Rivera, agent for appellant.

 

PUBLIC COMMENT:  None.

 

  

(6)  APPEAL NO. 09-058

TAO TSING FAN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

124 Onondaga Ave.

Appealing the denial on May 21, 2009, of Homeowners Plumbing Permit.

PUBLIC HEARING HELD AND CLOSED ON JULY 29, 2009.  FOR FURTHER CONSIDERATION TODAY.  Note:  Matter continued to allow time for DBI PID to contact the appellant regarding a solution.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to uphold the denial.

 

SPEAKERS:  Laurence Kornfield, DBI; Tao Tsing Fan, appellant; Ed Ilumin, Human Rights Commission.

 

PUBLIC COMMENT:  None.

 

  

(7)  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.  Note: On Aug. 12, 2009, the Board voted 4-1 (Vice President Peterson dissented) to reschedule this matter to Call of Chair in order for the Planning Dept. to process the required notice and to prepare for a possible DR hearing.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to uphold the appeal, and condition the permit based on revised plans dated August 24, 2009, with a finding that the parties have settled the matter.

 

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

 

PUBLIC COMMENT:  None.

 

  

(8)  APPEAL NO. 09-068

SUSAN WOLFF, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2219 – 34th Avenue.

Protesting the issuance on June 15, 2009, to Mila Tan Gutierrez, Permit to Alter a Building (add deck with new stair at rear of building; comply with complaint / NOV No. 200908583).

APPLICATION NO. 2009/06/12/0329.

FOR HEARING TODAY.

 

ACTION:  Upon motion by President Fung, the Board voted 5 – 0 to uphold the permit.

 

SPEAKERS:  Susan Wolff, appellant; Elias Gutierrez, agent for permit holder; Scott Sanchez, PD.

 

PUBLIC COMMENT:  None.

 

  

(9)  APPEAL NO. 09-071

DENNIS HUANG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

1748 La Salle Avenue.

Protesting the issuance on June 26, 2009, to Kam San Ho, Permit to Alter a Building (replace fire damaged ceiling joist and roof joist at rear; remodel kitchen and bathroom, and add bathroom; replace fire damaged gypsum board; remove rear stairway; add rear deck on 2nd floor).

APPLICATION NO. 2009/06/25/1295.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Goh, the Board voted 5 – 0 to continue this matter to September 30, 2009, with the public hearing closed, to allow time for DBI to conduct a site visit.

 

SPEAKERS:  Dennis Huang, appellant; Kam San Ho, permit holder; Laurence Kornfield, DBI.

 

PUBLIC COMMENT:  None.

 

 

(10)  APPEAL NO. 09-073

TAD & KIM NGUYEN, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

456 Urbano Drive.

Appealing a Stop Work Order Request, addressed to DBI Director Vivian Day, requesting that BPA No. 2006/05/09/1110 (horizontal and vertical addition) be suspended because Planning Dept. staff has found numerous discrepancies in what has been constructed and what was approved under the afore-mentioned building permit.

FOR HEARING TODAY.

 

ACTION:  Upon motion by Commissioner Goh, the Board voted 5 – 0 to uphold the Zoning Administrator’s Stop Work Order Request.

 

SPEAKERS:  Scott Sanchez, PD; Kim Nguyen, co-appellant; Tad Nguyen, co-appellant; Laurence Kornfield, DBI; Steven Weiss, agent for appellant.

 

PUBLIC COMMENT:  The following people spoke in favor of the ZA:  Irene Carter, Barry Clagett, Norman Meunier, and Anonymous.

 

 

 ADJOURNMENT.

 

  

There being no further business, President Fung adjourned the meeting at 8:43 p.m.