March 9, 2011

 

BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, MARCH 09, 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 and Commissioner Chris Hwang.

 

Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Zoning Administrator (ZA); Jarvis Murray, San Francisco Municipal Transportation Agency, Division of Taxis and Accessible Services (SFMTA, DTAS); Carla Short, Urban Forester, Department of Public Works, Bureau of Urban Forestry (DPW BUF); Tim Frye, Acting Preservation Coordinator, Historic Preservation Commission (HPC); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Xiomara Velez, Legal Process Clerk.

 

ABSENT: Commissioner 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: None.

 

 

(2)    COMMISSIONER COMMENTS & QUESTIONS: 

 

SPEAKERS: None.

 

 

(3)    ADOPTION OF MINUTES: 

 

Discussion and possible adoption of the February 16, 2011 minutes.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Peterson absent) to adopt the February 16, 2011 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

(4)    ADDENDUM ITEMS: 

 

(4a)    JURISDICTION REQUEST: 

 

Subject property at 415 Oxford Street .  Letter from Charlene Chan, requestor, asking that the Board take jurisdiction over BPA No. 2010/02/12/6512S, which was issued on Dec. 03, 2010.  The appeal period ended Dec. 20, 2010, and the jurisdiction request was received at the Board office on Feb. 02, 2011.  Permit Holder: Bill Chan.  Project: vertical and horizontal addition; remove illegal unit at ground floor; add full bath and exercise room at ground floor; interior remodel; new roof deck at 2nd floor; add new 3rd floor.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Peterson absent) to continue the matter to March 23, 2011 to allow the parties time to discuss settlement.

 

SPEAKERS: Charlene Chan, requestor; Alex Nie, agent for permit holder; Scott Sanchez, ZA.

 

PUBLIC COMMENT: None.

 

 

(4b)    JURISDICTION REQUEST: 

 

Subject property at 1338 Filbert Street .  Letter from Susan Brandt-Hawley, attorney for Jerry DeMartini, requestor, asking that the Board allow the filing of appeals against BPA Nos. 2008/10/27/5223, 2010/09/27/1690, and 2010/09/27/1691, which were all issued on Jan. 31, 2011, and all were determined to be issued pursuant to a Conditional Use (CU) authorization and thus un-appealable under the City Charter.  Permit Holders: Dominique Lahaussois and David Low.  Project, 1st permit: parking garage only; two duplexes above under separate permit.  Project, 2nd permit: renovation and remodel of two existing landmark cottages and an artist studio.  Project, 3rd permit: renovation and remodel of two existing landmark cottages.

 

ACTION: Upon motion by Commissioner Hwang, the Board voted 4-0-1 (Commissioner Peterson absent) to continue the matter to March 16, 2011, to allow the parties time to submit additional information on whether or not the permits at issue are for a project that has received a license or permit pursuant to the Conditional Use Authorization.

 

SPEAKERS: Susan Brandt-Hawley, attorney for requestor; Andrew Junius, attorney for permit holders; Scott Sanchez, ZA; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

 

 

(4c)    JURISDICTION REQUEST: 

 

Subject property at 1566-1568 Haight Street aka 1576-1580 Haight Street .  Letter from Brian Molony, agent for Martin Mack’s Bar & Restaurant, requestor, asking that the Board take jurisdiction over a Notice of Violation & Penalty issued by the Zoning Administrator on Aug. 24, 2009.  The appeal period ended on Sept. 08, 2009, and the jurisdiction request was filed at the Board office on Feb. 16, 2011.  NOV & P: illegal expansion of restaurant and bar space without the required Conditional Use (CU) authorization, and violation of the conditions of approval from a previous CU authorization.

 

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

 

SPEAKERS: Brian Molony, agent for requestor; Scott Sanchez, ZA.

 

PUBLIC COMMENT: None.

 

 

(4d)    REHEARING REQUEST: 

 

Subject property at 281 Turk Street .  Letter from Shaughn Morgan, agent for Housing Corps. Inc., appellant, requesting rehearing of Appeal No. 10-073, decided Jan. 19, 2011.  At that time, the Board voted 2-3 to uphold the permit.  Four (4) votes being required to overturn any departmental action, the subject permit was upheld.  Permit Holder: Bay Drugs LLC.  Project: remodel bath, heating, upgrade electrical, partition walls; replace ceiling tile in grid; all work at commercial unit; vacant locksmith to pharmacy; BPA No. 2010/05/21/2975.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Peterson absent) to designate the court reporter’s transcript as the official record of the hearing on this matter.  Upon further motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Peterson absent) to continue the matter to March 23, 2011 to allow Commissioner Peterson to participate in the final vote.

 

SPEAKERS: David Wagoner, attorney for requestor; Diana Sam, attorney for permit holder.

 

PUBLIC COMMENT: Supervisor Jane Kim, Mary McNamara, Mark Blackwood, Leonor Gomez Trejo, Jennifer Bickers, Murry Richard, Maria Torres, Mayra Alvarengo, Pilar Avila, Michael Nulty, Magdalena Macias, Barbara Lopez, Rosanna Alonzo and Rosanna Reyes spoke in support of the requestor.

 

 

(4e)    JURISDICTION REQUEST: 

 

Subject property at 2601 Van Ness Avenue .  Letter from Terry Tong, agent for LF George Construction Corp., requestor, asking that the Board take jurisdiction over the denial of BPA No. 9816040.  The Notice of Disapproval from the DBI was dated Feb. 03, 2011; the appeal period lapsed on Feb. 18, 2011; and the Jurisdiction Request was received at the Board office on Feb. 25, 2011.  Project: erect a six-story, 27-unit residential building with commercial space.

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

 

SPEAKERS: Scott Sanchez, ZA; Terry Tong, agent for requestor.

 

PUBLIC COMMENT: None.

 

(5)  APPEAL NO. 10-103

STEVEN CURRIER & KENNETH KALANI, Appellant(s)                         vs.   DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent	116 Drake Street . Appealing the denial on Sept. 08, 2010,        of Tree Removal Permit (one tree), and the conditions placed on a Tree Removal Permit (one tree). ORDER NO. 178,815. FOR HEARING TODAY.

 

ACTION: Upon motion by President Goh, the Board voted 1-3-1 (Vice President Garcia, Commissioner Fung and Commissioner Hwang dissented; Commissioner Peterson absent) to deny the appeal and uphold the DPW order.  Lacking the three votes needed to pass, the motion failed.  Upon further motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Peterson absent) to grant the appeal and overturn the department on the condition that (a) the two trees be replaced with three trees, unless DPW determines that a third tree is not feasible in which case the appellants will pay an in-lieu fee for the third tree; (b) that a Notice of Special Restrictions be filed requiring that, in perpetuity, any trees that fail be replaced and no in-lieu fee be allowed.

 

SPEAKERS: Steven Currier, appellant; Kenneth Kalani, appellant; Carla Short, DPW; Scott Sanchez, ZA.

 

PUBLIC COMMENT: None.

 

 

(6)  APPEAL NO. 11-017

BETHANY METHODIST UNITED CHURCH, Appellant(s)                         vs.   DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent	1270 Sanchez Street . Appealing the denial on Feb. 07, 2011, of Tree Removal Permit (9 trees). ORDER NO. 179,097. FOR HEARING TODAY.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Peterson absent) to grant the appeal and modify the DPW order to allow the removal of tree #3, requiring that a replacement tree be planted, and with the species, location and size of the replacement tree to be determined by DPW.

 

SPEAKERS: John Nelson, agent for appellant; Sean Martino, agent for appellant; James Lascot, agent for appellant; Carla Short, DPW.

PUBLIC COMMENT: Paula Thompson spoke in support of the appellant.

 

(7)  APPEAL NO. 10-122

FARHAD GOLSHAN, Appellant(s)                         vs.   MUNICIPAL TRANSPORTATION AGENCY, DIVISION OF TAXIS AND ACCESSIBLE SERVICES, Respondent	Appealing the revocation on Oct. 18, 2010, of Taxicab Medallion No. 871. FOR HEARING TODAY.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Peterson absent) to reschedule the matter to May 11, 2011 at the request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(8)  APPEAL NO. 11-002

RICHARD ARVIN, Appellant(s)                         vs.   MUNICIPAL TRANSPORTATION AGENCY, DIVISION OF TAXIS AND ACCESSIBLE SERVICES, Respondent	Appealing the revocation on Dec. 23, 2010, of Taxicab Medallion No. 997. FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Peterson absent) to continue the matter to March 23, 2011, to allow the parties time to propose alternate penalties for the Board to consider and to discuss settlement.

 

SPEAKERS: Ray Alexander, attorney for appellant; Jarvis Murray, SFMTA, DTAS

 

PUBLIC COMMENT: None.

 

(9)  APPEAL NO. 10-108

RICHARD & CHER ZILLMAN, Appellant(s)                         vs.   HISTORIC PRESERVATION COMMISSION,                                                          Respondent	280 Divisadero Street . Appealing the denial on Sept. 01, 2010, of Certificate of Appropriateness (convert carriage house at rear of subject property to residential unit). CASE NO. 2008.0312A. FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Peterson absent) to continue the matter to May 11, 2011 to allow time for the parties to further explore whether an agreement may be reached on a compromise design.

 

SPEAKERS: Brett Gladstone, attorney for appellants; Richard Zillman, appellant; Tim Frye, HPC; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Janan New, Christopher Buckley, John Barbey, Tommy Cassellani, Rita Archibald, Robert Speer, Ellen Dudley, Jim Siegel, Dennis Drobisch, Donald Stroh, Angela Scott, Bliss Dennen, Lisa Zahner, Skeeter Jones, Ansel Witterstern, Jim Warshell and Roger Reid spoke in support of the appellants.

 

 

(10)  APPEAL NO. 10-115

SARAH SOBEL, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	134-136 Ord Street . Protesting the issuance on Oct. 05, 2010, to John Moroney, Permit to Erect a Building (two-story, single-family house with 1,118sf of ground floor area). APPLICATION NO. 2009/07/14/2604S. FOR HEARING TODAY.

 

WITHDRAWN BY APPELLANT.

 

 

 

 

ADJOURNMENT.

 

There being no further business, President Goh adjourned the meeting at 11:25 p.m.