January 12, 2011

BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, JAN. 12, 2011

 

5:00 P.M., CITY HALL, ROOM 416,

ONE DR. CARLTON B. GOODLETT PLACE

 

PRESENT: Vice President Kendall Goh, Commissioner Frank Fung, Commissioner Michael Garcia and Commissioner Chris Hwang.

 

Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director, Department of Building Inspection (DBI); Scott Sanchez, Zoning Administrator (ZA); Barbara Moy, Department of Public Works, Bureau of Street Use and Mapping, (DPW BSM); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

 

ABSENT: President Tanya Peterson.

 

(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:  Ray Hartz spoke about the qualifications of Board members, about a U.S. Court of Appeals decision: Robert Norse v. City of Santa Cruz, et. al., regarding free speech and the immunity of elected officials, about the obligations of attorneys, and whether the Board decides cases fairly.

 

 

(2)    COMMISSIONER COMMENTS & QUESTIONS: 

 

SPEAKERS: None.

 

 

(3)    ADOPTION OF MINUTES: 

 

Discussion and possible adoption of the Dec. 15, 2010 minutes.

 

ACTION: Upon motion by Vice President Goh, the Board voted 4-0-1 (President Peterson absent) to adopt the December 15, 2010 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

(4)    ADDENDUM ITEMS: 

 

(4a)    JURISDICTION REQUEST: 

 

Subject property at 36 Ashbury Street .  Letter from David Tornheim, requestor, asking that the Board take jurisdiction over Wireless Box Permit No. 10WR-0116 issued on Oct. 26, 2010 by the Dept. of Public Works.  The appeal period expired on Nov. 10, 2010, and the Jurisdiction Request was received at the Board office on Dec. 01, 2010.  Permit Holder: NextG Network Inc.

 

ACTION: Upon motion by Vice President Goh, the Board voted 4-0-1 (President Peterson absent) to grant the Jurisdiction Request.

 

SPEAKERS: David Tornheim, requestor; Natasha Ernst, agent for permit holder; Barbara Moy, DPW BSM.

 

PUBLIC COMMENT: Dick Millet, Gail Mallimson, Chris Houston, Fay Adelstein, Gay Outlaw, Jeff Cooper, Joseph Semprevio, Stepanie Levin spoke in support of the requestor.

 

(4b)    JURISDICTION REQUEST: 

 

Subject property at 156 – 27th Avenue .  Letter from Jeff & Nicole Cooper, requestors, asking that the Board take jurisdiction over Wireless Box Permit No. 10WR-0021 issued on Sept. 08, 2010 by the Dept. of Public Works.  The appeal period expired on Sept. 23, 2010, and the Jurisdiction Request was received at the Board office on Dec. 22, 2010.  Permit Holder: NextG Network Inc.

 

ACTION: Upon motion by Commissioner Hwang, the Board voted 4-0-1 (President Peterson absent) to grant the Jurisdiction Request.

 

SPEAKERS: Jeff Cooper, requestor; Natasha Ernst, agent for permit holder; Barbara Moy, DPW BSM; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Pen Callan, Kristie Mohon, David Tornheim and Dick Millet spoke in support of the requestor.

 

 

(4c)    REHEARING REQUEST: 

 

Subject property at 1120 – 19th Street .  Letter from Justin Hughes, co-appellant, requesting rehearing of Appeal No. V10-044, Hughes & Manabat vs. ZA, decided Sept. 22, 2010.  At that time, the Board voted 3-2 to uphold the denial of the subject Lot Area, Rear Yard and Off-Street Parking Variances (subdivide the subject lot into two individual lots; resulting lots are improved with an existing single-family dwelling on each lot; no construction of any type is proposed); variance case no. 2010.0007V

 

ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (President Peterson absent) to deny the Rehearing Request.

 

SPEAKERS: Justin Hughes, requestor; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Ruth Verlyn Davis, Josephine Cangelosi and Joe Boss spoke in support of the ZA.

 

(5)  APPEAL NO. 10-117

KRISTEN LYONS, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	1774 Grove Street . Protesting the issuance on Oct. 12, 2010, to Hiro Kuzumi, Permit to Alter a Building (horizontal addition at existing 4th floor to include new master bath and dressing area, laundry, and roof deck above existing 3rd floor rear roof area). APPLICATION NO. 2010/04/06/9722S. FOR HEARING TODAY.

 

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

 

SPEAKERS: Kristen Lyons, appellant; Mark Topetcher, agent for permit holder; Hiro Kuzumi, permit holder; Scott Sanchez, ZA.

 

PUBLIC COMMENT: None.

 

ITEMS (6A), (6B) & (6C) SHALL BE HEARD TOGETHER:

(6A)  APPEAL NO. 10-118

SINA TARASSOLY & MAIDA TAYLOR, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	207 Los Palmos Drive . Protesting the issuance on Oct. 07, 2010, to Xiang Si Lei, Permit to Erect a Building (three-story, single-family house with 1,240sf of ground floor area). APPLICATION NO. 2008/05/06/1381S. FOR HEARING TODAY.

 

(6B)  APPEAL NO. 10-119

SINA TARASSOLY & MAIDA TAYLOR, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	213 Los Palmos Drive . Protesting the issuance on Oct. 07, 2010, to Xiang Si Lei, Permit to Erect a Building (three-story, single-family house with 1,303sf of ground floor area). APPLICATION NO. 2008/05/06/1387S. FOR HEARING TODAY.

 

(6C)  APPEAL NO. 10-120

SINA TARASSOLY & MAIDA TAYLOR, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	203 Los Palmos Drive . Protesting the issuance on Oct. 07, 2010, to Xiang Si Lei, Permit to Erect a Building (three-story, single-family house with 1,302sf of ground floor area). APPLICATION NO. 2008/05/06/1388S. FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Goh, the Board voted 4-0-1 (President Peterson absent) to continue this matter to the Call of the Chair.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

ADJOURNMENT.

 

There being no further business, Vice President Goh adjourned the meeting at 7:55 p.m.