City and County of San FranciscoBoard of Appeals

March 21 2012

Board of Appeals - March 21, 2012

 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, MARCH 21, 2012

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

PRESENT: President Michael Garcia, Commissioner Frank Fung, Commissioner Rich Hillis and Commissioner Arcelia Hurtado.

 

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); Carla Short, Department of Public Works Bureau of Urban Forestry (DPW BUF);  Nick Elsner, Department of Public Works Bureau of Street Use and Mapping (DPW BSM); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

 

ABSENT: Vice President 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: None.

 

 

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the March 14, 2012 minutes.

ACTION: Upon motion by President Garcia, the Board voted 4-0-1 (Vice President Hwang absent) to adopt the March 14, 2012 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

(4)    ADDENDUM ITEMS: 

(4a)  JURISDICTION REQUEST:                                                 

Subject property at 2825-2827 Greenwich Street.  Letter from Gregory Hanson, requestor, asking that the Board take jurisdiction over BPA No. 2012/01/24/2796, which was issued on    Jan. 24, 2012; the appeal period ended on Feb. 08, 2012, and the jurisdiction request was received at the Board office on March 07, 2012.  Permit Holder: Jeff Schlarb.  Project: remove illegal unit at back of garage; install drywall at side lot walls and ceiling adjacent to unit above, and at rear wall.

 

ACTION: Upon motion by President Garcia, the Board voted 4-0-1 (Vice President Hwang absent) to deny the request.

 

SPEAKERS: James Coy Driscoll, attorney for requestor; Gregory Hanson, requestor; Daniel Bornstein, attorney for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

 

(5)  APPEAL NO. 11-001

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.

PUBLIC HEARING HELD FEB. 08, 2012; FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for permit holder to pursue other proposals; additional briefing is allowed.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Hwang absent) to continue the matter to May 9, 2012 to allow the permit holder time to explore alternate plans consistent with the Board’s guidance.

 

SPEAKERS: Zachary Nathan, agent for permit holder; Ruth Levy, appellant; Nick Elsner, DPW BSM.

 

PUBLIC COMMENT: None.

 

 

 

 

 

(6)  APPEAL NO. 12-019

BETH ROY, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

270 Prospect Avenue.

Appealing the denial on Feb. 13, 2012, of Permit to Remove and Replace Two (2) Trees.

ORDER NO. 179,959.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Garcia, the Board voted 4-0-1 (Vice President Hwang absent) to grant the appeal and overturn the department on the condition that the two trees be replaced at the discretion of the Department of Public Works Bureau of Urban Forestry (DPW BUF) with either (a) two 36” box trees; (b) three 24” box trees; or (c) two 24” box trees; and that the species of the replacement trees also be at the discretion of DPW BUF.  The Board’s decision is based on a finding that the existing trees present pedestrian and traffic safety hazards.

 

SPEAKERS: Beth Roy, appellant; Mariah Breeding, agent for appellant; Roy Leggitt, agent for appellant; Carla Short, DPW BUF.

 

PUBLIC COMMENT: Stephen Horowitz spoke in support of the appellant.

 (7)  APPEAL NO. 12-004

BETH WEESNER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1753 Beach Street.

Protesting the issuance on Nov. 10, 2011, to Sanford Specter, Permit to Alter a Building (remodel/reconfigure kitchen, bath and laundry; add bath; remove portion of wall at hallway; remove partition at kitchen to dining; reconfigure bedroom closets; new furnace and water heater; new gas fireplace; new exterior stair to new roof deck; new lighting throughout; new windows [in-kind at front; reconfigure at rear and sides]; replace/resize skylight).

APPLICATION NO. 2011/03/18/2376.

JURISDICTION GRANTED JAN. 11, 2012.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Hillis, the Board voted 4-0-1 (Vice President Hwang absent) to grant the appeal and uphold the permit on the condition that it be modified to eliminate from the scope of work the new roof deck, exterior stair to new roof deck, any resizing or replacement of skylights and a new water heater, with a finding that by removing these scopes of work the block and lot number reflected on the permit is correct.

 

SPEAKERS: Anthony Soldato, attorney for appellant; Brian Soriano, attorney for permit holder; Brian Shepard, agent for permit holder; Joseph Duffy, DBI.

 

PUBLIC COMMENT: Pat Buscovich spoke about how DBI treats lot numbers when a building is converted into condominiums.

 

 

(8)  APPEAL NO. 12-005

GEOFF WOOD

& MARK STRASSBERG, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

2754-2756 Baker Street.

Protesting the issuance on Jan. 18, 2012, to Kevin Robinson & Jake Vink, Permit to Alter a Building (widen garage door; reconfigure walls at back of garage; electrical upgrade for separate condo conversion; new insulated windows at sides and rear; at upper unit - remodel kitchen and bath, and add new bath; reconfigure walls at bedrooms and at dining; add closet at sunroom; add roof deck, and refurbish existing penthouse).

APPLICATION NO. 2011/12/15/0717.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Hwang absent) to grant the appeal and uphold the permit on the condition that the gas grill be relocated to the west wall of the penthouse and that the rail of the roof deck to the north that is adjacent to the light well be moved inward 1’6” or less, up to the point where legal egress may be maintained, and that the rail of roof deck to the south that is adjacent to the light well be moved inward 1’6”.

 

SPEAKERS: Geoff Wood, appellant; Mark Strassberg, appellant; Kevin Robinson, permit holder; Kelly Condon, agent for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.

 

PUBLIC COMMENT: Christine Bartlett-Hinkley spoke in support of the appellants.

 

 

(9)  APPEAL NO. 12-006

JASON BLEY, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

731 Commercial Street.

Protesting the issuance on Jan. 13, 2012, to Charity Cultural Services Center, Permit to Alter a Building (revision to BPA No. 2010/05/05/1750; remove existing front steel gate; replace broken glass in windows with same kind of frame intact; replace broken exterior door with same kind; paint outside of building same color).

APPLICATION NO. 2011/02/02/9554.

FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Hwang absent) to grant the appeal and modify the permit in accordance with the revised plans dated March 15, 2012 by the Board of Appeals, and pursuant to the mutual request of the parties.

 

SPEAKERS: Jason Bley, appellant; Mel Lee, agent for permit holder.

 

PUBLIC COMMENT: None.

 

 

 

(10)  APPEAL NO. 12-010

GEORGE HAUSER, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

309-311 Eureka Street.

Protesting the issuance on Jan. 19, 2012, to Gabe Friel, Permit to Erect a Building (four-story, two-unit residential building with 1,339sf of ground floor area).

APPLICATION NO. 2009/05/04/7636S.

FOR HEARING TODAY.

 

WITHDRAWN BY APPELLANT.

 

 

 

(11)  APPEAL NO. 12-012

CHRISTOPHER PRICE, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1100 Lombard Street.

Protesting the issuance on Feb. 03, 2012, to David Blanz, Permit to Alter a Building (create new 10’ high, fire-rated wall in existing court).

APPLICATION NO. 2012/02/03/3472.

FOR HEARING TODAY.

 

ACTION: Upon motion by  President Garcia, the Board voted 4-0-1 (Vice President Hwang absent) to deny the appeal and uphold the permit on the basis that the wall is Code compliant and no evidence was presented to cause the Board to overturn the permit.

 

SPEAKERS: Christa Shaw, attorney for appellant; Jeffrey Maddox, agent for appellant; Jim Reuben, attorney for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

 

 

ADJOURNMENT.

There being no further business, President Garcia adjourned the meeting at 9:30 p.m.