September 21, 2011
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, SEPTEMBER 21, 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, Commissioner Chris Hwang and Commissioner Tanya Peterson. Catherine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Anthony Grieco, Acting Chief Building Inspector, Department of Building Inspection (DBI); Jarvis Murray, Municipal Transportation Agency, Division of Taxis and Accessible Services (MTA DTAS); Vajra Granelli, Inspector, Entertainment Commission (EC); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant. (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: Ross Wilkinson spoke about a 2006 appeal dealing with exhaust fans and the Department of Building Inspection’s alleged failure to enforce the Board’s order. John Sollner spoke about the withdrawn appeals filed by W.B. Coyle regarding the properties at 2244-2248 Mason Street, and various lawsuits in which Mr. Coyle is involved as a defendant. Jim Bailey identified himself as the owner of 2244 Mason Street. He spoke about the appeals filed and withdrawn by W.B. Coyle and Mr. Coyle’s use of the appeal process as a means to harass him and others. Walter Paulson sang his comments, wishing the Board good luck on handling the appeals on its calendar. Ralph Vonder Haar spoke about the appeals filed by W.B. Coyle and Mr. Coyle’s offer to drop the appeals if the property owners gave Mr. Coyle the listing to manage the property. He also asked that the Board look into a way to avoid accepting unmeritorious appeals from Mr. Coyle in the future. Mike Griffith identified himself as the general contractor for the 2244 Mason Street project and spoke about the expense caused by the delays associated with Mr. Coyle’s appeals. He asked the Board to consider rejecting further appeals filed by Mr. Coyle. (2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: Commissioner Hwang asked that staff research Mr. Coyle’s practice of withdrawing appeals at the last minute. Commissioner Fung announced that he will be absent on October 12, 2011. Vice President Garcia asked staff to look into Mr. Wilkinson’s concerns. PUBLIC COMMENT: None. (3) ADOPTION OF MINUTES: Discussion and possible adoption of the September 14, 2011 minutes.
ACTION: Upon motion by President Goh, the Board voted 5-0 to adopt the September 14, 2011 minutes. SPEAKERS: None. PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS: Denial of taxi medallion. Appeal No. 10-026, Gebresilassie vs. MTA DTAS, decided Aug. 10, 2011. At that time, upon motion by Vice President Garcia, the Board voted 5-0 to grant the appeal, overrule the denial, and issue the taxi medallion, with adoption of findings at a later time. Appellant: Kalesilassie Gebresilassie. ACTION: Upon motion by President Goh, the Board voted 5-0 to adopt the findings. SPEAKERS: None. PUBLIC COMMENT: None. (4b) JURISDICTION REQUESTS: Subject property at 104-114 Presidio Avenue. Letter from Bob Hemati & Noushin Oshidari, requestors, asking that the Board take jurisdiction over Variance Decision No. 2010.0221V and BPA No. 2010/04/28/1271; the variance was granted on July 21, 2010, and the building permit was issued on Jan. 25, 2011; the appeal periods ended on Aug. 02, 2010, and Feb. 09, 2011, respectively, and the jurisdiction requests were filed at the Board office on Aug. 30, 2011. Variance/Permit Holder: 104 Presidio Avenue LLC. Variances: rear yard and non-complying structure variances. Building Permit: demolish central rear wing and raise yard to create new one at 3rd floor level; alter apt. layouts; add new stairs and elevator; reconfigure N, E and S sides of main roof including chimneys, elevator shaft, two dormers on Jackson Street to match existing and new windows; discharge requirements of NOV No. 200677768. ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to deny the requests. SPEAKERS: Bob Hemati, requestor; Jim Reuben attorney for variance and permit holder; Lewis Butler, agent for permit holder; Scott Sanchez, ZA. PUBLIC COMMENT: None. (5) APPEAL NO. 11-056 GOLDEN GATE VALLEY NEIGHBORHOOD ASSOC., SHIRLEY JACOBS, JEFFERY LEE & MEGAN CHECHILE, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 1787 Union Street. Protesting the issuance on April 04, 2011 to KAP Investment LLC, Permit to Alter a Building (revision to BPA No. 2010/02/02/5765 for exterior patio and submitting Planning Code §312 notification for new patio). APPLICATION NO. 2010/06/04/3920. PUBLIC HEARINGS HELD ON JUNE 22, 2011, AND AUG. 10, 2011. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to attempt settlement regarding noise mitigation measures; additional briefing is allowed at 6 pages per party. ACTION: Upon motion by Commissioner Fung, the Board voted 3-2 (Vice President Garcia and Commissioner Peterson dissented) to grant the appeal and revoke the permit on the basis that it doesn’t adequately address the neighbor’s noise concerns. Lacking the four votes needed to pass, the motion failed. Upon further motion by Vice President Garcia, the Board voted 5-0 to grant the appeal and uphold the permit based on the findings stated in Planning Commisson Action No. DRA-186 and with the following conditions: (1) the Conditions of Approval listed in Planning Commission Action No. DRA-186 be maintained, with the exclusion of Condition (a) and the second sentence of condition (d); (2) Proposal A in Exhibit B of Permit Holder’s brief dated September 15, 2011 be implemented, which requires that four of the existing bi-fold door panels remain closed at all times with one door used to access the patio; (3) the western most door be the operable door, be hung with self-closing hinges with no “hold open” device, and remain closed when not in use; and (4) a community liaison be appointed and be someone other than an owner of The Brick Yard. SPEAKERS: Darren Matte, agent for permit holder; Megan Chechile, appellant; Vajra Granelli, EC; Anthony Grieco, DBI. PUBLIC COMMENT: Joan Wood, Jerry Czember, Melinda Cardwell and Ryan Robertshaw spoke in support of the appellant.
ITEMS (6A), (6B) AND (6C) SHALL BE HEARD TOGETHER: (6A) APPEAL NO. 11-088 W.B. COYLE, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 2244 Mason Street. Protesting the issuance on July 29, 2011, to Transition LLC, Permit to Alter a Building (complete work and obtain final inspection for work approved under BPA No. 2008/09/19/2166). APPLICATION NO. 2011/07/29/1295. FOR HEARING TODAY. (6B) APPEAL NO. 11-089 W.B. COYLE, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 2244A Mason Street. Protesting the issuance on July 29, 2011, to Transition LLC, Permit to Alter a Building (complete work and obtain final inspection for work approved under BPA No. 2008/09/24/2527). APPLICATION NO. 2011/07/29/1297. FOR HEARING TODAY. (6C) APPEAL NO. 11-090 W.B. COYLE, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 2248 Mason Street. Protesting the issuance on July 29, 2011, to Transition LLC, Permit to Alter a Building (complete work and obtain final inspection for work approved under BPA No. 2008/09/19/2164). APPLICATION NO. 2011/07/29/1298. FOR HEARING TODAY.
ACTION: WITHDRAWN . SPEAKERS: None. PUBLIC COMMENT: None.
(7) APPEAL NO. 11-091 CARLA WILSON, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 1731 – 15th Street. Protesting the issuance on Aug. 08, 2011, to Jolish 1731 – 15th Street LLC, Permit to Alter a Building (seismic retrofit and building rehabilitation; life/safety improvements; new bathrooms and community kitchens; new elevator; new roof terrace; increase number of rooms from 27 to 52). APPLICATION NO. 2010/09/28/1752”S”. FOR HEARING TODAY.
ACTION: Upon motion by President Goh, the Board voted 5-0 to reschedule the matter to December 14, 2011 at the request of the parties. SPEAKERS: None. PUBLIC COMMENT: None. ADJOURNMENT. There being no further business, President Goh adjourned the meeting at 7:25 p.m.
