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Board of Appeals denies rehearing, upholds permit and moves several items; minutes approved
Summary
On Oct. 14 the Board approved minutes, denied a rehearing request for a Broderick St. variance, upheld a permit for remodeling at 633 Kirkham St. after an asbestos dispute, and continued at least two items for later hearings including the Panoramic tree matter and an unresolved San Jose Ave. case.
The San Francisco Board of Appeals convened Oct. 14 and completed several procedural and decision items: it approved the prior meeting’s minutes, denied a rehearing request on procedural notice grounds for property at 2835–2839 Broderick St., upheld a building permit for work at 633 Kirkham St. after reviewing asbestos concerns, and continued other matters for further briefing and departmental participation.
Minutes: The Board voted to adopt the Oct. 7, 2015 minutes after a motion from Vice President Daryl Honda; Commissioners Frank Fung, Anne Lazarus and Rick Swig recorded aye votes.
Rehearing request (2835–2839 Broderick St.): Appellant Irving Zaretsky argued he had not received mailed notice of earlier proceedings and urged suspension or revocation of the variance permit; the Board discussed the rehearing standard and whether the newly asserted information would alter prior deliberations. Vice President Honda moved to deny the rehearing request on the ground there was no "manifest injustice," and the motion carried 3–1. Zaretsky raised concerns about serial permitting and notification processes during his remarks.
Kirkham St. appeal (633 Kirkham St.): Appellant Wayne Tam alleged improper asbestos removal and said the work endangered his family; he produced photos and described damaged siding and debris in a light well. Permit holders Gloria Gonzales and Adolfo Castillo said the siding removal was less than 100 square feet, that DBI inspected the work, and that their contractor is certified for relevant tasks. Building Department Inspector Joe Duffy and Planning Department staff said the permit met applicable code requirements and offered guidance on asbestos containment best practices. After deliberation Commissioner Frank Fung moved to deny the appeal and uphold the permit; the motion carried with aye votes recorded from the President and other commissioners.
Other procedural moves: The Board continued an item concerning San Jose Avenue to Oct. 28 because a party was not present. It also moved the Panoramic tree dispute to Dec. 9 with an explicit request that DPW divisions attend and that parties attempt to reach a coordinated solution prior to that hearing.
The Board adjourned following the Oct. 14 agenda.
