May 05, 2010
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 5, 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); Joseph Duffy, Senior Building Inspector, 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: Rafael Mandelman announced his decision to resign from the Board of Appeals in order to more fully pursue his run for a seat on the Board of Supervisors. He expressed his appreciation for the dedication and thoughtfulness of his fellow Commissioners and for the hard work of the departmental staff who appear before the Board and the support staff at the Board office. The other members of the Board and the Executive Director thanked Commissioner Mandelman for his service and wished him well on his future endeavors.
(3) ADOPTION OF MINUTES:
Discussion and possible adoption of the April 14, 2010 minutes.
ACTION: Upon motion by President Peterson, the Board voted 5-0 to adopt the April 14, 2010 minutes with amendments. SPEAKERS: None. PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS: (4a) REHEARING REQUEST:
Subject property at 350 Beach Street. Letter from Alan Low, attorney for 350 Beach LLC, appellant, requesting rehearing of Appeal No. 09-153, decided March 03, 2010. At that time, upon motion by President Peterson, the Board voted 3-1-1 (Vice President Goh dissented, Commissioner Fung absent) to uphold the ZA Letter of Determination regarding the release of Notices of Special Restrictions recorded against the subject property. ACTION: Upon motion by Commissioner Garcia, the Board voted 3-2 (Vice President Goh and Commissioner Fung dissented) to deny the Rehearing Request. SPEAKERS: Allan Low, attorney for appellant; Diana Saca, attorney for real party in interest; Scott Sanchez, PD. PUBLIC COMMENT: None. (4b) JURISDICTION REQUEST:
Subject property at 1160 Battery Street. Letter from Michael Franklin, agent for Blue Jeans Equities West, requestor, asking that the Board take jurisdiction over Dept. of Public Works Order No. 178,114, which was issued on April 20, 2009, and for which the appeal period lapsed on May 05, 2009. Jurisdiction request received on April 09, 2010. DPW Order: approval of request to remove two (2) trees with conditions, and denial of request to remove an additional five (5) trees at subject property. ACTION: Rescheduled to May 12, 2010. SPEAKERS: None. PUBLIC COMMENT: None. (4c) JURISDICTION REQUEST:
Subject property at 1102 Taraval Street. Letter from Nancy Wuerfel, requestor, asking that the Board take jurisdiction over BPA No. 2010/03/23/8808, which was deemed to have been issued pursuant to Conditional Use (CU) Motion No. 17993. Permit Holder: Damien Quinn. Project: remove non-permitted construction per complaint (NOV) No. 200928986; remove non-permitted 2nd floor; remove stairs from ground floor to 2nd floor; demo work only; ADA requirements under separate permit. ACTION: Upon motion by President Peterson, the Board voted 3-2 (Commissioners Fung and Garcia dissented) to continue the matter to May 19, 2010, with no additional briefing allowed, to await advice from the Office of the City Attorney as requested by the Board. SPEAKERS: Nancy Wuerfel, requestor; Damien Quinn, permit holder; Scott Sanchez, PD; Joseph Duffy, DBI. PUBLIC COMMENT: None. (5) APPEAL NO. 09-146
CARLOS & LOUISE BEA, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL 2727 Pierce Street. Appealing the denial on Nov. 30, 2009, of Permit to Alter a Building (repair brick retaining walls on both sides of property). APPLICATION NO. 2009/10/15/9068. PUBLIC HEARING HELD AND CLOSED ON FEB. 24, 2010. FOR FURTHER CONSIDERATION TODAY. Note: On Feb. 24, 2010, the Board voted 4-1 (TP dissented) to continue the matter to Call of Chair to allow time for the appellant to pursue a Certificate of Appropriateness at the Historic Preservation Commission.
ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to grant the appeal, overrule the denial, and grant the permit, based on the Certificate of Appropriateness and plans referred to therein.
SPEAKERS: Scott Sanchez, PD; Louise Bea, appellant; Laurence Karp, agent for appellants.
PUBLIC COMMENT: None.
(6) APPEAL NO. 10-003
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JASON BLEY, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
731-741 Commercial Street. Protesting the issuance on Jan. 7, 2010, to Charity Cultural Service Center, Permit to Alter a Building (partitioning walls for offices including lighting, electrical, plumbing and counters; upgrade front entry and restrooms for disabled access). APPLICATION NO. 2009/12/21/3611. PUBLIC HEARING HELD AND CLOSED ON APRIL 14, 2010. FOR FURTHER CONSIDERATION TODAY. Note: No additional briefing is allowed; matter continued to allow time for permit holder to submit revised plans and to seek an ADA hardship from DBI. |
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-1 (Vice President Goh dissented) to grant the appeal and uphold the permit with revised plans dated April 19, 2010, as submitted.
SPEAKERS: Scott Sanchez, PD; Jason Bley, appellant; Melvin Lee, agent for permit holder; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
(7) APPEAL NO. 10-008
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JOANNE LEDUC, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent |
2495 – 33rd Avenue. Protesting the issuance on Jan. 18, 2010, to Miu Ling Tam, Tree Removal Permit. ORDER NO. 178,502. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-1 (Commissioner Mandelman dissented) to deny the appeal and uphold the permit for the reasons set forth in the DPW Order.
SPEAKERS: Hung Chun Chan, agent for permit holder; Carla Short, DPW BUF.
PUBLIC COMMENT: Ronald Tasto and Henry Tasto spoke in support of the appellant.
(8) APPEAL NO. 10-012
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JOYCE BOOK, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
791 San Bruno Avenue. Protesting the issuance on Jan. 25, 2010, to Edward & Shiho Schummer, Minor Sidewalk Encroachment Permit. PERMIT NO. 07MSE-0266. FOR HEARING TODAY. |
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ACTION: Matter rescheduled to June 30, 2010 per directive of the Board President. Letter notices mailed. No vote needed.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 10-010
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RAJAT & ADELINA KONGOVI, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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3567-3569 – 17th Street. Protesting the issuance on Feb. 2, 2010, to Karen Zehring, Permit to Alter a Building (remove non-bearing partition at garage and lower concrete floor at tradesman passageway; repair termite work at rear yard fence; re-open existing pocket doors at 2nd floor flat living room). APPLICATION NO. 2010/02/02/5713. FOR HEARING TODAY. |
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ACTION: Matter rescheduled to Temporary In-Limbo Agenda at the mutual request of the parties. Letter notices mailed. No vote needed.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 10-019
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SERENA LEE HARRIGAN, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
858 – 34th Avenue. Protesting the issuance on Feb. 19, 2010, to Ed Wang, Permit to Alter a Building (alteration and third floor addition including three bedrooms, two bathrooms, and laundry). APPLICATION NO. 2007/12/03/9520S. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to continue this matter to June 9, 2010, with the public hearing held and closed and no additional briefing allowed, to allow the parties to continue negotiations pursuant to the Board’s comments, with additional testimony allowed at five (5) minutes per party. SPEAKERS: Serena Lee Harrigan, appellant; Ed Wang, permit holder; Scott Sanchez, PD; Gabriel Ng, agent for permit holder. PUBLIC COMMENT: Sean Reishran spoke in support of the permit holder. (11) APPEAL NO. 10-024
JENNIFER PERINGER, RICHARD EVERETT, GREG GARDNER, BETHANY GOAD, JESSICA RUCKER, STEPHEN INGALLS, CHRISTINA EMPEDOCLES, GEORGE MACHUN, JOE SKINNER, MAY MONTANA, KATIE AMELIA, AND JACK SCHNEIDER, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 173 Ellsworth Street. Protesting the issuance on March 04, 2010, to Pathmark Group LLC, Permit to Alter a Building (rebuild burned down attic; add new stair to access attic; add one bathroom and two bedrooms; add one skylight; relocate one skylight). APPLICATION NO. 2010/03/02/7392. FOR HEARING TODAY.
ACTION: Upon motion by President Peterson, the Board voted 5-0 to reschedule this matter to July 14, 2010 at the mutual request of the parties. SPEAKERS: None. PUBLIC COMMENT: None.
ADJOURNMENT. There being no further business, President Peterson adjourned the meeting at 9:15 p.m
