October 26, 2011

 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, OCTOBER 26, 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 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); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

 

ABSENT: Commissioner Chris Hwang.

 

 

(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: Commissioner Peterson announced that she will be absent on December 7, 2011.

 

PUBLIC COMMENT: None.

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the October 12, 2011 minutes.

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to adopt the October 12, 2011 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

(4)    ADDENDUM ITEMS: 

(4a)  JURISDICTION REQUEST: 

Subject property at 1844 Laguna Street.  Letter from Alfred & Patty Dobrow, requestors, asking that the Board take jurisdiction over Building Permit Application No. 2011/06/01/7152, which was issued on June 16, 2011.  The appeal period ended on July 01, 2011, and the jurisdiction request was received at the Board office on Aug. 19, 2011.  Permit Holder: California Investment LLC.  Project: provide roof deck and two skylights; altering gable roof to flat roof; replace windows to French doors; convert attic to habitable space.  Note: public hearing held on Sept. 14, 2011; matter continued to allow time for a revision permit to be issued and possibly appealed by the requestors; no additional briefing is allowed.

 

ACTION: Upon motion by President Goh, the Board voted 2-2-1 (Vice President Garcia and Commissioner Fung dissented, Commissioner Hwang absent) to grant the Jurisdiction Request.  Lacking the four votes needed to pass, the motion failed.  With no further motion made, the jurisdiction request was denied by operation of law.

 

SPEAKERS: Alfred Dobrow, requestor; John Pollard, agent for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

 

(5)  APPEAL NO. 11-018

JASON BLEY, Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent   Subject Property Owner: CARMEN HO

731 & 735 Commercial Street. Appealing an Amended Request for Release of Suspension dated Jan. 25, 2011, addressed to DBI Director Vivian Day, which requests that that the suspensions against BPA Nos. 2010/06/14/4484 and 2010/05/05/1750 be lifted because the property owner has worked with the Planning Department to clarify the proposed improvements under these permits. FOR FURTHER CONSIDERATION TODAY. Note: on March 23, 2011 the matter was continued to allow time for (a) the parties to meet with the Zoning Administrator to discuss the proposed “fix it” permit to see if agreement can be reached on how to resolve this matter; and (b) Planning and DBI to jointly submit a list and scope of work for all permits associated with the property.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Hwang absent) to accept the written submittal offered by the subject property owner.  Upon further motion

by Vice President Garcia, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and uphold the Amended Request for Release of Suspension on the condition that a Notice of Special Restrictions (NSR) be recorded on the property (1) stating that the NSR is being required by the Board of Appeals; and (2) that the NSR contain the language in the document submitted by the subject property owner at hearing numbered “2” and dated September 30, 2011, excluding the last paragraph.  This decision is based on a finding that the parties have agreed to the key terms of the NSR.

 

SPEAKERS: Jason Bley, appellant; Melvin Lee, agent for subject property owner; Alan Wong, agent for subject property owner; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Howard Wong spoke in support of the appellant.  Larry (no last name given) spoke in support of the subject property owner.

 

 

(6)  APPEAL NO. 11-098

MIKE WILDMAN, ALISTAIR SHERRET, & REGINA McMAHON, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL

1100 Lombard Street. Protesting the issuance on August 22, 2011, to David Blanz, Permit to Alter a Building (expand parking garage at ground floor; enlarge garage door to 10 feet wide; structural strengthening of all floors; sprinkler and MEP under separate permit; provide sound insulation between units). APPLICATION NO. 2011/07/27/1170. PUBLIC HEARING HELD ON OCT. 12, 2011.  FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for parties to conduct settlement negotiations.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and condition the permit so that the tenants are not required to vacate their units during construction, based on the permit holder voluntarily agreeing to this condition.

 

SPEAKERS: Stephen Collier, attorney for permit holder; David Foran, attorney for permit holder.

 

PUBLIC COMMENT: None.

 

 

(7)  APPEAL NO. 11-100

1500 FRANCISCO ST. HOA INC., Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	1500 Francisco Street #10. Protesting the issuance on Aug. 31, 2011, to Martin Beresford, Permit to Alter a Building (replace existing roof deck; like for like). APPLICATION NO. 2011/08/22/2947. FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and condition the permit to require that the permit holder apply for and procure a new permit for the structural upgrade to the roof structure, on the basis that the permit is Code compliant.

 

SPEAKERS: Roy Stern, agent for the appellant; Martin Beresford, permit holder; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

(8)    SPECIAL ITEM: 

Discussion and possible adoption of the departmental annual report for fiscal year 2010-2011.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to accept the report.

 

SPEAKERS: Director Goldstein provided an overview of the report.

 

PUBLIC COMMENT: None.

 

 

ADJOURNMENT.

There being no further business, President Goh adjourned the meeting at 7:05 p.m.