City and County of San FranciscoBoard of Appeals

January 18, 2012

Board of Appeals - January 18, 2012

 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, JANUARY 18, 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 Kendall Goh.

 

Catherine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); John Kwong, Department of Public Works Bureau of Street-Use & Mapping (DPW BSM); Carla Short, Department of Public Works Bureau of Urban Forestry (DPW BUF); 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: None.

 

 

(2)    ELECTION OF OFFICERS: 

 

ACTION: Upon motion by President Goh, the Board voted 4-0 to elevate Commissioner Hwang to Vice President.  Upon further motion by Commissioner Fung, the Board voted 4-0 to elevate Vice President Garcia to President.

 

SPEAKERS: Noting that this would be her last meeting as a member of the Board, President Goh thanked the Board of Supervisors for her appointment and expressed her appreciation for the opportunity to serve.  She stated that she hoped the parties appearing before the Board, especially those without representation, felt heard and respected, and noted how much the Board values due process and fairness.  She expressed great appreciation for those who practice in the area of land use, and noted that the construction and design of buildings in San Francisco is very important to her.

 

PUBLIC COMMENT: None.

 

 

 

 

 

(3)    COMMISSIONER COMMENTS & QUESTIONS: 

SPEAKERS: Commissioner Fung congratulated Commissioner Goh on her decision to move her family to China.  He noted that while they didn’t always agree on how to decide matters, he felt she was always articulate and consistent in her approach to cases.  Vice President Hwang also congratulated Commissioner Goh, noting that she was impressed with Commissioner Goh’s service on the Board in light of the many other commitments she has taken on.  Vice President Hwang commented that Commissioner Goh is always extremely prepared and thoughtful in her approach to the cases heard by the Board.  President Garcia wished Commissioner Goh good luck on her upcoming adventure.  He noted that Commissioner Goh was extremely conscientious and thorough in her approach to cases and always remembered that the disputes resolved by the Board were not abstractions, but involved real people with real problems.

 

PUBLIC COMMENT: None.

 

(4)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the Jan. 11, 2012 minutes.

ACTION: Upon motion by President Garcia, the Board voted 4-0 to adopt the January 11, 2012 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

(5)    ADDENDUM ITEMS: 

(5a)  JURISDICTION REQUESTS: 

Subject property at 234 – 9th Street.  Letter from Jakkee Bryson, requestor, asking that the Board take jurisdiction over Variance Case No. 2010.1074V, which was granted on May 06, 2011, and over Building Permit Application No. 2010/09/14/0870, which was issued on June 01, 2011.  The appeal periods ended on May 16, 2011, and June 16, 2011, respectively.  The jurisdiction requests were received at the Board office on Dec. 30, 2011.  Variance Holder / Permit Holder: Rob Monaco.  Project, rear yard variance: add one dwelling unit at 2nd and 3rd floors within a three-story building that covers entire lot.  Project, building permit: interior renovation within existing shell including 730sf on outdoor open space within  two courtyards; subtracted from building volume; new windows on NW and S façade; no change to east façade; no change to number of parking spaces; conversion of offices to residential single-family.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0 to deny the requests.

 

SPEAKERS: Jakkee Bryson, requestor; Jim Moye, agent for variance and permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

 

(6)  APPEAL NO. 11-136

WENDY OAKES, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

 

1290 Fell Street.

Protesting the issuance on Nov. 14, 2011, to Dept. of Public Works, Permit to Remove and Replace One (1) Tree.

ORDER NO. 179687.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Garcia, the Board voted 4-0 to deny the appeal and uphold the permit on the basis of DPW Order No. 179,687.

 

SPEAKERS: Appellant did not appear; Carla Short, DPW BUF.

 

PUBLIC COMMENT: None.

 

 

 

(7)  APPEAL NO. 11-138

CESAR ASCARRUNZ, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                       Respondent

 

2305 Mission Street.

Appealing the denial on Nov. 28, 2011, of Mobile Food Facility Permit (sale of hot dogs, related toppings and non-alcoholic beverages).

APPLICATION NO. 11MFF-0085.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Garcia, the Board voted 4-0 to grant the appeal and overrule the Department on the basis that the appellant’s lack of notice of the new permitting requirements tolled the ninety day application period.

 

SPEAKERS: Cesar Ascarrunz, appellant; John Kwong, DPW.

 

PUBLIC COMMENT: Julio Castillo spoke in support of the department.

 

 

 

 

 

 

(8)  APPEAL NO. 11-095

 

PAT BUSCOVICH, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

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.

 

ACTION: Upon motion by Vice President Hwang, the Board voted 4-0 to continue the matter to February 8, 2012, to allow the parties additional time to discuss settlement.

 

SPEAKERS: Pat Buscovich, appellant; John Kevlin, attorney for permit holder.

 

PUBLIC COMMENT: None.

 

 

 

(9)  APPEAL NO. 11-128

HELEN WATSON, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

1400-1402 Kansas Street.

Appealing the imposition of penalty on       Oct. 26, 2011, for construction work done without a permit.

APPLICATION NO. 2011/10/26/7704.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Garcia, the Board voted 4-0 to grant the appeal and reduce the penalty to two times the regular fee.

 

SPEAKERS: Helen Watson, appellant; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

 

 

 

 

 

(10)  APPEAL NO. 11-120

THOMAS & SHELAGH ROHLEN, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

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.

 

ACTION: Upon motion by Commissioner Goh, the Board voted 4-0 to reschedule the matter to February 8, 2012, at the request of the parties.

 

SPEAKERS: Alice Barkley, attorney for permit holder.

 

PUBLIC COMMENT: None.

 

 

 

(11) APPEAL NO. V11-135

POTRERO BOOSTERS

NEIGHBORHOOD ASSOCIATION, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

995 DeHaro Street.

Protesting the granting on Nov. 18, 2011, to Michael Bell & Pauline Morton, Lot Size / Rear Yard / Open Space Variances (proposal is to split a standard 25’ wide by 100’ deep lot into two lots; this proposal would result in two dwelling units on each lot).

VARIANCE CASE NO. 2011.0159V.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 3-1 (Commissioner Goh dissented) to deny the appeal and uphold the variances on the basis that the Zoning Administrator did not err or abuse his discretion.

 

SPEAKERS: Dick Millet, agent for appellant; Craig Nikitas, agent for variance holder; Pauline Morton, variance holder; Scott Sanchez, ZA.

 

PUBLIC COMMENT: None.

 

 

 

 

 

 

(12)  APPEAL NO. 11-137

FRANCIS McDONALD, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

340-356 Spruce Street.

Protesting the issuance on Nov. 08, 2011, to Betty Ann Morris, Permit to Alter a Building (replace in-kind the existing rear exterior stairs at east rear yard).

APPLICATION NO. 2011/03/29/3040.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0 to deny the appeal and uphold the permit on the basis that it has been approved by DBI.

 

SPEAKERS: Francis McDonald, appellant; Mark Epstein, attorney for permit holder; Paul Okamoto, agent for permit holder; Joseph Duffy, DBI.

 

PUBLIC COMMENT: Jacquie Gréaux and Jack Wolosewicz spoke in support of the appellant.

 

 

ADJOURNMENT.

There being no further business, President Garcia adjourned the meeting at 8:35 p.m.