August 17, 2011
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 17, 2011
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE PRESENT: President Kendall Goh, Vice President Michael Garcia, Commissioner Frank Fung, Commissioner Chris Hwang and Commissioner Tanya Peterson. Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Dan Sider, Senior Planner and Assistant to the Zoning Administrator (PD); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Tony Grieco, Acting Chief Building Inspector (DBI); 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: None. (3) ADOPTION OF MINUTES: Discussion and possible adoption of the August 10, 2011 minutes.
ACTION: Upon motion by President Goh, the Board voted 5-0 to adopt the August 10, 2011 minutes. SPEAKERS: None. PUBLIC COMMENT: None. (4) APPEAL NO. 11-070 FRANZ VON UCKERMAN, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 1354 York Street. Appealing the imposition of penalty on May 12, 2011, for construction work done without a permit. APPLICATION NO. 2011/05/12/5925. PUBLIC HEARING HELD ON JUNE 29, 2011. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow President Goh to participate in the final vote.
ACTION: Upon motion by Commissioner Fung, the Board voted 4-1 (Commissioner Hwang dissented) to grant the appeal and reduce the penalty to five times the permit fee based on the finding that while the work was fairly minor and the appellant thought the matter was resolved, the Department of Building Inspection expended significant resources to resolve the matter. SPEAKERS: None. PUBLIC COMMENT: None. (5) APPEAL NO. 11-084 SOHEL SUBEDAR, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 536 Golden Gate Avenue. Appealing the imposition of penalty on June 01, 2011, for plumbing work done without a permit. APPLICATION NO. PP2011/06/01/556. JURISDICTION GRANTED JULY 13, 2011. FOR HEARING TODAY.
ACTION: Upon motion by Vice President Garcia, the Board voted 5-0 to grant the appeal and reduce the penalty to five times the permit fee based on the defective notice given to appellant of the violation and the appellant’s genuine confusion as to the requirements for a permit. SPEAKERS: Sohel Subedar, appellant; Joseph Duffy, DBI. PUBLIC COMMENT: None. (6) APPEAL NO. 11-021 FRONT PROPERTIES LLC, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL 1633-1649 Haight Street. Appealing the denial on Feb. 03, 2011, of Permit to Alter a Building (replace billboard involuntarily removed without owner authorization; billboard to be replaced exactly in-kind; work is at exterior only; work is not associated with any commercial space). APPLICATION NO. 2010/10/28/3932. FOR HEARING TODAY.
ACTION: Upon motion by Vice President Garcia, the Board voted 5-0 to accept additional evidentiary submittals by the appellant. Upon further motion by Commissioner Hwang, the Board voted 3-2 (Vice President Garcia and Commissioner Peterson dissented) to deny the appeal and uphold the denial of the permit based on a finding that the permit does not comply with Planning Code Section 604(h) and that the proposed billboard would be a non-complying structure, as stated in the Planning Department’s letter dated December 14, 2010 and in its brief. SPEAKERS: Tito Torres, attorney for appellant; Kevin Strain, agent for appellant; Dan Sider, PD; Joseph Duffy, DBI. PUBLIC COMMENT: None. (7) APPEAL NO. 11-029 ARTHUR & LOUISE PATTERSON, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 3355 Pacific Avenue. Protesting the issuance on Feb. 25, 2011, to Jeffrey Ubben, Permit to Alter a Building (new roof top deck, new stair and stair enclosure, new skylight on roof, no interior construction). APPLICATION NO. 201006285457S. FOR HEARING TODAY.
ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to grant the appeal and condition the permit to conform to the plan set drawn by Lawson Willard Architecture marked “Revision 1” and dated August 16, 2011, submitted by the parties at hearing. SPEAKERS: Craig Nikitas, agent for appellants; Andrew Zacks, attorney for permit holder; Patrick Buscovich, agent for permit holder; Dan Sider, PD. PUBLIC COMMENT: Miles Imwalle spoke in support of the settlement. (8) APPEAL NO. 11-061 JEAN CRAIG-TEERLINK & JOHN TEERLINK, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL 422 Day Street. Appealing the denial on April 15, 2011, of Permit to Alter a Building (remodeling; add 3rd floor to existing two-story single-family residence). APPLICATION NO. 2010/09/14/0807S. FOR HEARING TODAY.
ACTION: Upon motion by Vice President Garcia, the Board voted 5-0 to grant the appeal, overturn the department and issue the permit based on a finding that the proposed 5’10’’ front setback is not inconsistent with the Residential Design Guidelines (“RDGs”), the rear setback is not required to meet the RDGs given that the proposed project does not extend into the rear yard, and the project provides family housing.
SPEAKERS: Jean Craig-Teerlink, appellant; Brett Gladstone, attorney for appellant; Dan Sider, PD; Tony Grieco, DBI. PUBLIC COMMENT: Jennifer Hwang, Joe Gold, Walter Villavicencio, Kevin Wallace, Marybeth Wallace, Mary Ellen O’Connor, Dominic Brenan, Thomas Ryckman, Richard Berman, David Davidovic, Leslie Crawford, Fady Malik, Ted Gold, Lee Abel, Joanne Mendel, Barbara Ockel, Susan Ammon, Gabriella Rossi, Wendy Scheffers and Reed Levitt spoke in support of the appellants.
(9) APPEAL NO. 11-082 KENNETH LEUNG, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 3030 Noriega Street. Protesting the issuance on June 30, 2011, to Mabel Huang, Permit to Alter a Building (remodel bathroom and kitchen, add one new bathroom, and replace window with sliding door at 2nd floor; legalize one bedroom, construct one bedroom, two bathrooms and laundry room at ground floor; construct new deck at rear of building). APPLICATION NO. 2011/06/30/9231. FOR HEARING TODAY.
ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to grant the appeal and uphold the permit on the condition that a six foot (6’) high screen, that can’t be seen through, be added on the entire seven foot (7’) width of the deck adjacent to the appellant’s property. SPEAKERS: Kenneth Leung, appellant; Vicky Leung, agent for appellant; Mabel Huang, permit holder; Ken Chung, agent for permit holder; Dan Sider, PD; Tony Grieco, DBI. PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Goh adjourned the meeting at 9:00 p.m.
