October 10, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, OCTOBER 10, 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); Tim Frye, Preservation Planner, Historic Preservation Commission (HPC): Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); 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)    COMMISSIONER COMMENTS & QUESTIONS: 

 

SPEAKERS: None.

 

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the September 19, 2012 minutes.

ACTION: Upon motion by President Hwang, the Board voted 4-0 to adopt the September 19, 2012 minutes.

 

PUBLIC COMMENT: None.

 

 

(4)    ADDENDUM ITEMS: 

(4a)  REHEARING REQUEST:                                                

Subject property at 69 Montezuma Street.  Appeal No. 11-012, Buscovich vs. DBI, PDD, decided July 11, 2012.  At that time, the Board voted 4-0 (one vacancy) to deny the appeal and uphold the denial of the permit on the basis of Planning Code §150.  Project: existing large gate to be removed and replaced with fence and gate combination; comply with NOV Nos. 201033584 and 201036174; APPLICATION NO. 2011/01/25/8939.

ACTION: Upon motion by Commissioner Lazarus, the Board voted 4-0 to continue the rehearing request to December 5, 2012 at the request of the parties.

SPEAKERS: Andrew Zacks, attorney for requestor; Scott Sanchez, ZA.

 

PUBLIC COMMENT: None.

(5)  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 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 Commissioner Lazarus, the Board voted 4-0 to continue the matter to the Call of the Chair at the request of the parties and to allow related litigation to proceed.

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(6)  APPEAL NO. 12-096

AMERICAN LEGION WAR MEMORIAL COMMISSION, Appellant(s)                      vs.   HISTORIC PRESERVATION COMMISSION,                                                           Respondent	401 Van Ness Avenue. Protesting the granting on July 18, 2012, to Dept. of Public Works, Certificate of Appropriateness (exterior alterations to subject property). MOTION NO. 0166. FOR HEARING TODAY.

ACTION: Upon motion by President Hwang, the Board voted 4-0 to grant the appeal and uphold the Historic Preservation Commission Motion on the condition that it be revised to include an additional Condition of Approval that reads:

 

As part of the Building Permit, the Project Sponsor shall provide a mock-up of the skylight and roof rehabilitation for review and approval by the Planning Department Preservation staff. The Project Sponsor shall provide additional information on the skylight and roof rehabilitation as determined by staff.

This motion is made on the basis of the requirements of Planning Code Section 1006.6(3).

 

SPEAKERS: Nelson Lum, agent for appellant; Paul Cox, agent for appellant, Jerome Sapiro Jr., attorney for appellant; Tara Lamont, Department of Public Works Bureau of Architecture, agent for motion holder; Elizabeth Murray, Managing Director, War Memorial and Performing Arts Center, agent for motion holder; Nancy Goldenberg, agent for motion holder; Tim Frye, HPC.

 

PUBLIC COMMENT: Paul Goercke, James McConnell, Mario Benfield, Richard Ow and Richard Sharez spoke in support of the appellant.

 

 

(7)  APPEAL NO. 12-082

ROBIN STEELE, Appellant(s)                      vs.   ZONING ADMINISTRATOR, Respondent	585 Marina Blvd. Appealing a Letter of Determination dated June 29, 2012, addressed to Larry Paul at L.A. Paul & Associates, regarding the calculation of height for buildings with a single-pitch, shed roof, and whether the proposed shed roof form complies with the Planning Code. FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to deny the appeal and uphold the Letter of Determination on the basis that the Zoning Administrator did not err or abuse his discretion.

SPEAKERS: Larry Paul, agent for appellant; Robin Steele, appellant; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Brian Jann spoke in support of the Zoning Administrator.

(8)  APPEAL NO. 12-098

ERIC FOSS, Appellant(s)                      vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	2888 Folsom Street. Protesting the issuance on August 03, 2012, to New China Realty, Permit to Alter a Building (remove illegal unit at garage level; remove illegal kitchen and bath; cap all utilities at source; convert to storage). APPLICATION NO. 2012/08/03/6539. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Lazarus, the Board voted 3-1 (President Hwang dissented) to deny the appeal and uphold the permit.

SPEAKERS: Eric Foss, appellant; Thomas Wu, agent for permit holder; Tom Corbett, agent for permit holder; Joseph Duffy DBI; Scott Sanchez, ZA.

 

PUBLIC COMMENT: None.

 

 

ADJOURNMENT.

There being no further business, President Hwang adjourned the meeting at 7:35 p.m.