June 29, 2011
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 29, 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); Dan Sider, Senior Planner, Planning Department (PD); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); 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 22, 2011 minutes.
ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (President Goh absent) to adopt the June 22, 2011 minutes. SPEAKERS: None. PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS: (4a) ADOPTION OF FINDINGS: Subject property at 161-165 Newman Street. Appeal No. V11-035, Rideout & Anderson vs. ZA, decided May 25, 2011. At that time, the Board voted 4-1 to grant the appeal, overrule the denial, grant the variances on condition that a Notice of Special Restrictions be filed against the property records which limits both properties to a single-family dwelling and no further envelope expansion, and with findings and further conditions to be adopted at a later time. Appellants: Victoria Rideout & Lorraine Anderson. ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (President Goh absent) to adopt the findings. SPEAKERS: None. PUBLIC COMMENT: None. (5) 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. FOR HEARING TODAY. ACTION: Upon motion by Commissioner Fung, the Board voted 3-1-1 (Commissioner Hwang dissented, President Goh absent) to grant the appeal and reduce the penalty to five times the permit fee, based on the fact that the work was fairly minor, the appellant thought the matter had been resolved and the Department of Building Inspection incurred significant expenses to address the violation. Lacking the four votes needed to pass, the motion failed. Upon further motion by Commissioner Fung, the Board voted 4-0-1 (President Goh absent) to continue this matter to August 17, 2011 to allow the absent Commissioner to participate in deciding the appeal. SPEAKERS: Franz Von Uckerman, appellant; Bob Noelke, agent for appellant; Joseph Duffy, DBI. PUBLIC COMMENT: None. (6) APPEAL NO. 11-073 IRENE ACOSTA, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 20 Walter Street. Appealing the imposition of penalty for construction work done without a permit. APPLICATION NO. 2011/05/17/6214. FOR HEARING TODAY. ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (President Goh absent) to grant the appeal and reduce the penalty to two times the permit fee, based on the appellant’s economic hardship and her belief that she was using an experienced contractor. SPEAKERS: Irene Acosta, appellant; Joseph Duffy, DBI; Dan Sider, PD. PUBLIC COMMENT: None. (7) APPEAL NO. 11-043 PAGE GROUP LLC, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 1138-1140 Page Street. Protesting the issuance on March 16, 2011, of a Permit to Alter a Building (addition and substantial alteration to existing two-story single-family dwelling of type V-B. The two-story vertical addition and horizontal addition at rear will result in a four-story, four-unit residential building of type V-A wood construction. New mechanical, electrical and plumbing also included). APPLICATION NO. 2009/11/03/0476S. 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 based on a finding that the project is not a demolition and complies with the Planning Code, and on the condition that hours of construction be limited to Monday through Friday, 7:30 a.m. to 5:30 p.m., and Saturday, 8:30 a.m. to 5:30 p.m. SPEAKERS: Anna Shimko, attorney for appellant; Alice Barkley, attorney for Subject Property Owner; Mike Cassidy, Subject Property Owner; Joseph Duffy, DBI; Dan Sider, PD. PUBLIC COMMENT: Richie Hart, Angus McCarthy, John O’Connor and Sean Keighran spoke in support of the permit holder. Inéz Gomez spoke in support of the appellant. (8) APPEAL NO. 11-049 GUANG QUN MAX CHEN, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL 2955 - 26th Street. Appealing the denial on March 25, 2011, of Permit to Alter a Building (comply with NOV 200565040; remove illegal unit per plans, legalize rooms and bathroom at ground floor; interior remodel and horizontal addition at NW corner of building). APPLICATION NO. 2010/11/23/5526. FOR HEARING TODAY. ACTION: Upon motion by Commissioner Peterson, the Board voted 4-0-1 (President Goh absent) to deny the appeal and uphold the denial of the permit solely on the basis that the project had not yet undergone the required Planning Code Section 311 neighborhood notification. The Board found that appellant may reapply for the subject permit to complete the required neighborhood notification, whether or not one year has passed, because the notification would constitute “changed circumstances” under Bus. & Tax Reg. Code Article 1, Section 31. SPEAKERS: Max Chen, appellant; Dan Sider, PD. PUBLIC COMMENT: None. (9) APPEAL NO. 11-053 BRETT POFFENBARGER, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent 650 - 2nd Street. Appealing a Letter of Determination dated March 30, 2011, addressed to Stephen Stept, regarding whether a new stair penthouse and roof deck may be constructed, and the permitted height of a glass ‘wind screen’ wall and skylights, at the subject property. FOR HEARING TODAY.
ACTION: Upon motion by Commissioner Peterson, the Board voted 4-0-1 (President Goh absent) to continue this matter to August 24, 2011, to allow the parties time to discuss alternative plan designs. No additional briefing is allowed. SPEAKERS: Brett Poffenbarger, appellant; Steven Stept, agent for appellant; Dan Sider, PD. PUBLIC COMMENT: Danelle Guthrie spoke in support of the appellant.
ADJOURNMENT. There being no further business, Vice President Garcia adjourned the meeting at 8:50 p.m.
