February 8, 2012
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 08, 2012
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Chris Hwang, Commissioner Frank Fung and Commissioner Rich Hillis.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Dan Sider, Assistant Zoning Administrator, Planning Department (PD); Carla Short, Department of Public Works Bureau of Urban Forestry (DPW BUF); John Kwong, Department of Public Works Bureau of Street-Use & Mapping (DPW BSM); 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: President Garcia introduced the Board’s newest member, Rich Hillis and described his professional and educational background.
PUBLIC COMMENT: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the Jan. 18, 2012 minutes. |
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ACTION: Upon motion by President Garcia, the Board voted 4-0 to adopt the January 18, 2012 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) APPEAL NO. 11-140
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LINDA ACH, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent |
124 Commonwealth Avenue. Appealing the denial on Dec. 09, 2011, of Permit to Remove and Replace One (1) Tree. ORDER NO. 179,827. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Hwang, the Board voted 4-0 to grant the appeal and condition the permit to require two replacement 48” box flowering plum trees.
SPEAKERS: Andrew Ach, agent for appellant; Carla Short, DPW BUF.
PUBLIC COMMENT: None.
(5) APPEAL NO. 11-001
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RUTH LEVY, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
1-11 Clement Street. Protesting the issuance on Dec. 22, 2010, to Yee Mei Cheung & Family, Minor Sidewalk Encroachment Permit. PERMIT NO. 10MSE-0328. FOR HEARING TODAY. |
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ACTION: Upon motion by President Garcia, the Board voted 3-1 (Vice President Hwang dissented) to continue this matter to March 21, 2012 to allow the parties time to explore alternative resolutions and to develop cost information. Each party is allowed six pages of additional briefing, with the permit holder’s brief due two Thursdays prior to the hearing, and the appellant’s and department’s briefs due one Thursday prior to the hearing.
SPEAKERS: Ruth Levy, appellant; Zachary Nathan, agent for permit holder; John Kwong, DPW BSM.
PUBLIC COMMENT: Les Silverman spoke in support of the appellant.
(6) APPEAL NO. 11-141
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LAUREN PALMATEER & MARIA VIRAG, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
Laguna St.: Hickory St. to Fell St. (415-499). Protesting the issuance on Dec. 13, 2011, to NextG Networks of California Inc., Wireless Box Permit. PERMIT NO. 11WR-0015. FOR HEARING TODAY. |
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ACTION: Upon motion by President Garcia, the Board voted 4-0 to deny the appeal and uphold the permit on the basis that it is Code Compliant.
SPEAKERS: Lauren Palmeteer, appellant; Maria Virag, appellant; Natasha Ernst, attorney for permit holder.
PUBLIC COMMENT: None.
(7) APPEAL NO. 11-095
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PAT BUSCOVICH, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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40-50 Lansing Street. Protesting the issuance August 24, 2011, to Lambert Development Lansing LLC, Permit to Alter a Building (demolish and remove existing wood form work/shoring at north end of building, adjacent to 15 Guy Place; in order to comply with NOV Nos. 200926808 and 201190414). APPLICATION NO. 2011/08/24/3104. PUBLIC HEARING HELD ON NOV. 16, 2011; FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for DBI to conduct a site visit; no additional briefing is allowed. |
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ACTION: Upon motion by President Garcia, the Board voted 4-0 to continue this matter to August 15, 2012 at the mutual request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 11-120
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THOMAS & SHELAGH ROHLEN, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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950 Lombard Street. Protesting the issuance on Oct. 11, 2011, to James Family Trust, Permit to Alter a Building (new garage and entry; addition in basement and major renovation and addition; interior and minor exterior alteration to residence). APPLICATION NO. 2002/05/23/7379S. FOR HEARING TODAY. |
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Withdrawn.
(9) APPEAL NO. 11-139
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LYDIA LUKIAN & ZOYA LUKIAN, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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1005 Baker Street. Protesting the issuance on Nov. 23, 2011, to Ruth Carlton, Permit to Alter a Building (remodel existing kitchen; construct new deck at rear of existing house; install new doors at existing window locations). APPLICATION NO. 2011/07/21/0742. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0 to grant the appeal and condition the permit to require that a privacy screen of alternating lattice that is 4’ 6” wide x 7’ high, be added to the deck parallel to the property line beginning 3” from the street side edge of the appellant’s bedroom window, based on a finding that this reflects the agreement of the parties.
SPEAKERS: Wayne Canterbury, attorney for appellants; Stuart Hills, agent for permit holder; Ruth Carlton, permit holder; Joseph Duffy, DBI; Dan Sider, Planning.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Garcia adjourned the meeting at 9:00 p.m.
