February 03, 2010 | Board of Appeals

Board of Appeals - February 3, 2010

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, FEBRUARY 3, 2010

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

PRESENT: President Tanya Peterson, Vice President Kendall Goh, Commissioner Frank Fung, Commissioner Michael Garcia and Commissioner Rafael Mandelman.

Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector and Deputy Director, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Carla Short, Urban Forester, Department of Public Works, Bureau of Urban Forestry (DPW); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

(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: President Peterson stated that she would need to leave the meeting early; Commissioner Mandelman stated that he will need to leave the February 24, 2010 meeting at 7:15 p.m.

(3) ADOPTION OF MINUTES:

Discussion and possible adoption of the January 20, 2010 minutes.

ACTION: Upon motion by President Peterson, the Board voted 5 – 0 to adopt the January 20, 2010 minutes.

SPEAKERS: None.

PUBLIC COMMENT: None.

(4) ADOPTION OF FINDINGS:

Subject Property at Sydney G. Walton Square. Appeal No. 09-125, Golden Gateway Center vs. DPW BUF, decided Dec. 9, 2009. At that time, upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Peterson absent) to uphold the DPW’s order with adoption of findings at a later time. Possible adoption of findings modifying the Board’s tentative oral ruling on Dec. 9, 2009, by changing the mandated tree replacement ratio from 2:1 to 1:1.

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

SPEAKERS: None. Appellant was not in attendance.

PUBLIC COMMENT: None.

(5) SPECIAL ITEM, APPEAL NOS. V09-083:

Subject Property at 47 Sussex Street. Consideration and possible action on the request of the appellants to allow the submittal of supplemental briefing and arguments.

ACTION: Upon motion by Commissioner Garcia, the Board voted 3 – 1 – 1 (Commissioner Fung dissented and Vice President Goh recused) to not allow additional briefing.

SPEAKERS: Lisa Decker, appellant; Scott Sanchez, PD.

PUBLIC COMMENT: Don Morris spoke in favor of the appellants. Tristan Seifer, Jeanna Chavetta, Brian Aubry, Denis Wade, Vernon Humphrey, Michael Coffey, Amanda Renschler and Eric Williams, spoke in favor of the Zoning Administrator.

(6) APPEAL NO. V09-083

CARRIE WONZER, LISA DECKER

& JOEY DILLI SHARMA, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

47 Sussex Street.

Appealing the denial on July 31, 2009, of Rear Yard Variance (demolish existing storage structure and construct one-story detached garage structure which will be located within the required rear setback and facing Penny Lane).

VARIANCE CASE NO. 2009.0238V.

PUBLIC HEARING HELD AND CLOSED ON NOV. 18, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellants to submit alternate plans pursuant to the Board’s comments.

ACTION: Upon motion by President Peterson, the Board voted 2 – 2 – 1 (Commissioners Fung and Garcia dissented and Vice President Goh recused) to deny the appeal and uphold the Zoning Administrator for the reasons stated in his variance decision. Lacking the four votes needed to overturn the Zoning Administrator, the Zoning Administrator’s decision is upheld.

SPEAKERS: Lisa Decker, appellant; Joe Westover, agent for appellants; Scott Sanchez, PD.

PUBLIC COMMENT: Don Morris spoke in favor of the appellants. Tristan Seifer, Jeanna Chavetta, Brian Aubry, Denis Wade, Vernon Humphrey, Michael Coffey, Amanda Renschler, Eric Williams, Tom Ramirez and Lin Scheibel spoke in favor of the Zoning Administrator.

ITEMS 7(A) & 7(B) SHALL BE HEARD TOGETHER:

7(A) APPEAL NO. 09-105

SANFORD GARFINKEL, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

100 - 32^nd Ave. aka 865 El Camino del Mar.

Protesting the issuance on Sept. 11, 2009, to Jennifer King and Timothy Fredel, Permit to Alter a Building (vertical addition of a second basement garage; horizontal addition; and alteration to existing basement and three floors of dwelling).

APPLICATION NO. 2007/01/19/2027.

PUBLIC HEARING HELD AND CLOSED ON DEC. 9, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow additional briefing and arguments by all parties, and to allow President Peterson to participate in the final vote.

7(B) APPEAL NO. V09-132

SANFORD GARFINKEL, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

100 - 32^nd Ave.

Protesting the granting on June 30, 2009, to Jennifer King and Timothy Fredel, Rear Yard, Side Yard and Non-Complying Structure Variances.

VARIANCE CASE NO. 2007.0129V.

JURISDICTION GRANTED NOV. 4, 2009.

ACTION: Upon motion by Commissioner Garcia, the Board voted 3 – 2 (Vice President Goh and Commissioner Mandelman dissented) to deny Appeal No. V09-132 and uphold the variances for the reasons stated in the Zoning Administrator’s decision. Upon further motion by Commissioner Garcia, the Board voted 2 – 3 (Vice President Goh, Commissioners Fung and Mandelman dissented) to deny Appeal No. 09-105 and uphold the permit. Lacking the four votes needed to overturn the department, the permit is upheld.

SPEAKERS: Steven Williams, attorney for appellants; Alice Barkley, attorney for permit holders; Scott Sanchez, PD.

PUBLIC COMMENT: Joe Butler spoke in favor of the appellants; June Park, Emily Lannon, Celeste Helsage-Gish and Janet Reilly spoke in favor of the permit holders.

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

8(A) APPEAL NO. 09-138

FRONT PROPERTIES LLC, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

1633-1649 Haight Street.

Appealing the denial on Nov. 12, 2009, of Permit to Alter a Building (deconstruct and replace billboard consistent with area and height of existing legal billboard per termite report; wall mount on Belvedere Street elevation).

APPLICATION NO. 2009/09/15/6817.

FOR HEARING TODAY.

8(B) APPEAL NO. 09-151

KEVIN STRAIN, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1633-1649 Haight Street.

Protesting the issuance on Dec. 3, 2009, to CBS Outdoor, Permit to Alter a Building (comply with DBI NOV; replace or repair bottom left area of billboard #2695 to ensure sign is free of any pest infestation).

APPLICATION NO. 2009/10/19/9233.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (President Peterson absent) to grant Appeal No. 09-151, overturn the department and revoke the permit on the basis that there is no authority to grant the permit to CBS Outdoor under Building Code Section 106A.3.1.6. Upon further motion by Commissioner Garcia, the Board voted 3 – 1 – 1 (Commissioner Fung dissented and President Peterson absent) to continue Appeal No. 09-138 to March 17, 2010 to allow DBI time to evaluate the status of the subject sign and to allow further briefing as outlined by the Board.

SPEAKERS: Brett Gladstone, attorney for appellants; Pat Buscovich, agent for appellants; Paul Markoff, agent for appellants; Anthony Leones, attorney for permit holder; Ralph Neumann, agent for permit holder; Laurence Kornfield, DBI; Scott Sanchez, PD.

PUBLIC COMMENT: None.

(9) APPEAL NO. 09-141

JAWDAT ZEIDAN

dba “MICHAEL’S WINE & SPIRITS”, Appellant(s)

vs.

DEPT. OF PUBLIC HEALTH, Respondent

2198 Union Street.

Appealing a seventy (70) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Nov. 18, 2009. Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. FD-09-107.

FOR HEARING TODAY.

A withdrawal of this appeal was submitted at the meeting. No hearing was held.

(10) APPEAL NO. 09-124

CURTIS SPECK, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

400 Block of Masonic Avenue.

SW Corner, Masonic and Golden Gate Aves.

Protesting the issuance on October 19, 2009, to University of San Francisco, Tree Removal Permit.

ORDER NO. 178,363.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (President Peterson absent) to deny the appeal and uphold the department.

SPEAKERS: Curtis Speck, appellant; Glenn Loomis, agent for permit holder; Juan Carrasco, agent for permit holder; Carla Short, DPW.

PUBLIC COMMENT: William Schneider, Hal McDermot and Ben Ravic spoke in favor of the appellant.

(11) APPEAL NO. 09-140

CLAY SEIBERT, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

172 Maddux Avenue.

Appealing the imposition of penalty on Nov. 23, 2009, for construction work done without a permit.

APPLICATION NO. 2009/11/23/1980.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Goh, the Board voted 4 – 0 – 1 (President Peterson absent) to grant the appeal and reduce the penalty to two times the permit fee.

SPEAKERS: Laurence Kornfield, DBI; Clay Seibert, appellant.

PUBLIC COMMENT: None.

(12) APPEAL NO. 09-118

VICTORIA GIANNINI, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

270 Roosevelt Way.

Protesting the issuance on Oct. 20, 2009, to Roxanne Gould, Permit to Alter a Building (comply with NOV No. 200904374; frame in property line window at north side with 1 hour assembly).

APPLICATION NO. 2009/10/16/9171.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to reschedule this matter to February 24, 2010 at the request of the parties.

SPEAKERS: Pat Buscovich, agent for permit holder.

PUBLIC COMMENT: None.

(13) APPEAL NO. 09-139

HILDA FALKENSTEIN

& ROSALYN COLOMBO, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

2244-2250 Mason Street.

Protesting the issuance on Nov. 9, 2009, to Transition LLC, Permit to Alter a Building (add garage door; add ramp for parking; convert storage to parking; relocate elevated walkway; new rear door).

APPLICATION NO. 2008/05/22/2728S.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Fung, the Board voted 4 – 0 – 1 (President Peterson absent) to continue this matter to Call of the Chair to allow the parties to continue with settlement negotiations.

SPEAKERS: Stephen Collier, attorney for appellants; Ralph Vonder Haar, agent for permit holder; Hilda Falkenstein, appellant; Rosalyn Colombo, appellant; W.B. Coyle, agent for permit holder; Scott Sanchez, PD.

PUBLIC COMMENT: Deland Chan and Sherry Gendelman spoke in favor of appellants; Erin Thompson spoke in favor of the permit holder.

ADJOURNMENT.

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