July 13, 2011
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 13, 2011
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE PRESENT: 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); Scott Sanchez, Zoning Administrator (ZA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); John Kwong, Department of Public Works, Bureau of Street Use and Mapping (DPW, BSM); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant. ABSENT: President Kendall Goh. (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 June 29, 2011 minutes.
ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (President Goh absent) to adopt the June 29, 2011 minutes. SPEAKERS: None. PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS: (4a) JURISDICTION REQUEST: Subject property at 3367 – 21st Street. Letter from Harlan Hoffman, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2011/12/16/6852, which was issued on Dec. 16, 2010. The appeal period ended on Dec. 31, 2010, and the jurisdiction request was received at the Board office on June 22, 2011. Permit Holder: Virginia Smith-Russack. Project: comply with NOV No. 201056869; remove existing walls; remove kitchen; reconfigure layout at ground floor adding two bathrooms and office; stair work and landing as per plan. Withdrawn by Requestor. (4b) JURISDICTION REQUEST: Subject property at 536 Golden Gate Avenue. Letter from Sohel Subedar, requestor, asking that the Board take jurisdiction over Plumbing Permit Application No. PP2011/06/01/556 for the purpose of filing a penalty appeal. Permit was issued on June 01, 2011; the appeal period ended on June 16, 2011; and the jurisdiction request was received at the Board office on June 24, 2011. Project: comply with NOV No. 20106350; legalize plumbing work done without permit.
ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (President Goh absent) to grant jurisdiction based on the fact that the City’s appeal process was not made clear to the permit holder. SPEAKERS: Sohel Subedar, requestor; Joseph Duffy, DBI. PUBLIC COMMENT: None. (5) SPECIAL ITEM: Subject property at 2344 Market Street. Letter from Jeremy Paul, agent for Greg Bronstein, requestor, asking that the Board set aside its decision after default of May 11, 2011, whereby the Board declined to take jurisdiction over a Notice of Violation and Penalty issued by the Zoning Administrator. NOV&P: dated May 07, 2010, regarding noncompliance with conditions of approval requiring all noise to be contained within the facility.
ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (President Goh absent) to grant the request to set aside the Board’s May 11, 2011 decision after default, and to schedule a hearing on the Jurisdiction Request for August 10, 2011. SPEAKERS: Jeremy Paul, requestor; Scott Sanchez, ZA. PUBLIC COMMENT: Alan Beach Nelson spoke in support of the Zoning Administrator.
(6) APPEAL NO. 11-065 JIM FLANAGAN, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent 124 Lower Terrace. Protesting the issuance on November 15, 2010, to NextG Network, Inc., Wireless Box Permit. PERMIT NO. 10WR-0079 JURISDICTION GRANTED APRIL 20, 2011. FOR HEARING TODAY.
ACTION: Upon motion by Vice President Garcia, the Board voted 3-1-1 (Commissioner Hwang dissented, President Goh absent) to deny the appeal on the basis that it underwent the Planning Department review required by the law that applied to the permit application. SPEAKERS: Jim Flanagan, appellant; Natasha Ernst, agent for permit holder; John Kwong, DPW, BSM; Scott Sanchez, ZA. PUBLIC COMMENT: Jim Shay spoke in support of the appellant.
(7) APPEAL NO. 11-078 JEANNETTE M. HARRIS, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 331 Spruce Street. Protesting the issuance on May 27, 2011, to Rae Cheng, Permit to Alter a Building (new mezzanine at 4th floor; new habitable space at 1st floor; seismic upgrade; fire sprinkler mezzanine and 1st floor; new property line windows; new French doors at rear and metal guardrail; remodel kitchens and bathroom; provide four new bathrooms). APPLICATION NO. 2011/03/10/1833. FOR HEARING TODAY.
ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (President Goh absent) to grant the appeal and uphold the permit on the condition that the new north property line window be removed from the plans. SPEAKERS: Jeannette Harris, appellant; Bill Bronson, agent for appellant; Bill Pashelinsky, agent for permit holder; Joseph Duffy, DBI. PUBLIC COMMENT: Mervyn Silberberg spoke in support of the appellant. ADJOURNMENT. There being no further business, Vice President Garcia adjourned the meeting at 7:40 p.m.
