August 22, 2012
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 22, 2012
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Chris Hwang, Vice President Frank Fung, Commissioner Arcelia Hurtado and Commissioner Ann Lazarus.
Robert Bryan, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Patrick O’Riordan, Senior Building Inspector, DBI; John Kwong, Manager, Department of Public Works Bureau of Street Use and Mapping; Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
(1) PUBLIC COMMENT:
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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. |
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SPEAKERS: None.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the August 15, 2012 minutes. |
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ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Commissioner Hurtado absent) to adopt the August 15, 2012 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Subject property at 156 – 27th Avenue. Appeal No. 12-042, Cooper vs. DPW BSM. On May 16, 2012, the Board voted 4-1 (former Commissioner Garcia dissented) to grant the appeal and revoke the Wireless Box Permit with adoption of findings at a later time; and on August 01, 2012, the Board voted 4-0-1 (President Hwang absent) to adopt the findings. Permit Holder: NextG Networks of California Inc. (now Crown Castle NG West Inc.); Permit No. 11WR-0002. |
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ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to deny the rehearing request.
SPEAKERS: Natasha Ernst, attorney for requestor; Jeff Cooper, appellant; John Kwong, DPW BSM.
PUBLIC COMMENT: None.
(5) APPEAL NO. 97-165
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BHAZUBHAI PATEL, Appellant(s) vs.
ZONING ADMINISTRATOR, Respondent
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4201- 4211 Judah Street. Protesting the issuance of a Letter of Determination dated November 19, 1997, addressed to Timothy Lee at Tenderloin Housing Clinic, that finds no legal non-conforming use of the subject property as a tourist hotel has been established. FOR REHEARING TODAY. |
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ACTION: Upon motion by President Hwang, the Board voted 4-0 to grant the appeal, overturn the Letter of Determination, adopt the findings stipulated to by the parties, on the basis that the Zoning Administrator erred by not recognizing the information substantiating a non-conforming use that was available in 1997.
SPEAKERS: Andrew Zacks, attorney for appellant; Steven Collier, attorney for determination holder; Scott Sanchez, ZA.
PUBLIC COMMENT: None.
ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 12-035
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JOHN CAREY, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL
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135 El Camino Del Mar. Appealing the denial on March 12, 2012, of Permit to Alter a Building (response to NOV Nos. 200865117, 200864297, and 200989665; revise, correct and update additions built without proper permits and Planning Dept. review under § 311 requirements; veranda at upper floor; terrace and front room at first floor; roof deck at second floor; remove and rebuild portion of building over property line at SE corner of rear of property). APPLICATION NO. 2010/01/07/4358. FOR HEARING TODAY. |
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(6B) APPEAL NO. V12-045
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JOHN CAREY, Appellant(s) vs.
ZONING ADMINISTRATOR, Respondent
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135 El Camino Del Mar. Appealing the denial on March 28, 2012, of Rear Yard & Non-Complying Structure Variances (legalize work that encroaches into required rear yard and that was constructed beyond the scope of BPA No. 9802662 and documented in BPA No. 2010/01/07/4358). VARIANCE CASE NO. 2010.0868V. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Hurtado, the Board voted 4-0 to deny the appeals and uphold the denials for the reasons stated in the Planning Department’s brief submitted in this matter.
SPEAKERS: John Carey, attorney for appellant; Sue Hestor, attorney for Section 14 party; Rodney Grebe, Section 14 party; Scott Sanchez, ZA; Patrick O’Riordan, DBI.
PUBLIC COMMENT: Robert Scavullo spoke in support of upholding the permit and variance denials.
(7) APPEAL NO. 12-083
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SHANNON GALLAGHER, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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2101 Washington Street. Protesting the issuance on July 09, 2012, to Recreation and Park Department, Permit to Alter a Building (ADA/barrier removal; interior renovation of existing public restroom; new plumbing fixtures; new lights; park improvements include new ADA paths, new retaining walls, and new lights. APPLICATION NO. 2011/12/09/0448. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to deny the appeal and uphold the permit on the basis that it is Code compliant.
SPEAKERS: Shannon Gallagher, appellant; Mary Hobson, agent for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.
PUBLIC COMMENT: Patricia Lovelock and Cathy Siler spoke in support of the appellant. Lynne Newhouse Segal, Steffen Franz, Art Persiko, Shila Clement, Glen Cimino, Linas Stempuzig, Jeffery Miller and Ari Vartarian spoke in support of the permit holder.
ADJOURNMENT.
There being no further business, President Hwang adjourned the meeting at 7:35 p.m.
