Meeting of the board of appeals. President rick swig will preside special joined by commissioner trasvina and commissioner eppler we expect lemberg shortly. Lopez is absent. Present is jan huber provide needed legal advice. Im julie rosenberg. We be joined by represent fist the City Departments presented before the board this evening. Tina tammy the deputy za representing planning. Pregnantue green, Deputy Director for dbi and henley lip ton with Public Comment and Jeanine YoungSenior Health inspector with to baca motor vehicling public with Public Health. The board request you silence all phones and electronics so they will in the disturg proceedings no eating or drinking. Appellates permit holders and respondents begin 7 minutes to present and low minutes rebuttal. People affiliated with them must include comments within those periods. Members not afill i didnt individual 3 minutes time may be limited to 2 minute fist the agenda is long or a lot of speakers. Our legal assistant will give you a verbal warning 30 seconds before your time is up. 4 votes are needed grant a request. If you have i rehearing or schedules e mill the board staff. Public access and participation are of americans. Sfgovtv is broadcast and streaming live and we will have the 8 to receive Public Comment for each item on the agenda. Sfgovtv is providing closed captioning. To watch it on tv go to channel 78. Tell be rebroadcast on fridays a 4 p. M. On channel 26 a link is sfgov. Org boa. Comment westbound provide in the 3 ways. In person. I have zoom. Go to the website cling on hearing and zoom link call 6699006833 and enter access code 859 5349 5910 sfgovtv is grauking and streaming instructions on the bottom of the screen. To block your number when call nothing dial star scent then the phone number. Listen for the Public Comment portion and dial star 9 which equals raising your hand. You will be brought in the hearing room when it is your turn. Dial star 6 to unmute yourself. You will have 23 minutes. Our legal assistant will provide you a verbal warning 30 seconds before where you are time is us. There is a delay in live and what is broadcast. It is important that people call nothing reduce or turn off volumes or well is interference. If any of the participates are attendsees on zoom need a disability accommendation oh assistant you can make a question in the chat box. Or sfgov. Org it conditional be used for Public Comment or pregnancy. We will take Public Comment first from members present here. Now, we will wear in or affirm those who intend to testify. Any member may speak without an oath pursuant to the sunshine ordinance if you intend to testify tonight and wish to have the board give your testimony weight raise your right hand and say, i do after sworn in. Do you wear that the testimony you will give will be the truth and nothing but the truth . Thank you. If you are a participate and not speak put your speaker on mute. Commissioners we have one change in the order of the agenda. Approved by president swig after the item 3 the adoption of minutes we will hear item 7 at 1369 san bruno. Well you in move on to item 1 yes or no Public Comment. An opportunity for anyone who would like to speak within the boards jurisdiction but not on tonights agenda. Is well a member of the public who wishes to speak, raise your hand. I dont see anybody on zoom. Well move on to item 2. Commissioner comment and questions . Anybody w have comments. Commissioner trasvina. As noted in the minutes we had previously members taxi drivers who have come before us and testified regarding retaliation concerns and a previous meeting i asked the City Attorney what protections there are for individuals when have this concern. And i believe our deputy City Attorney has locked into it and is providing is able to spond tent and i ask that she do so happy to do this. So with respect to retaliation someone believes they have been retelliated against by city officer or employee for exercising their rows to bring an appeal before the board, than i can file a report with the city Whistle Blower Program administrated by the controllers office. City staff will investigate the report and ensure this corrective actions are taken. With respect to someone alleged retaliated fwens by noncity official, that would not fall under the boards appeals in general city protections. Which was a question raised by commissioner trasvina. This boards jurisdiction is limited by the city charttory concur nothing or overruling the actions of departments. So retality yagdz by a private individual would fall outside of the purview of the city and this board is defined by the charter or general city protections. In the case of retaliation by private citizen, someone would need to look elsewhere for a remedy or forum to complain. The rent board for a landlord dispute or civil court if the conduct gives rise to an independent cause of action. Thank you. Thank you for informing the public. Anybody else . Okay. Is well public ment on this item. Raise your hand. I dont see any Public Comments we move on to item athlete adoption of minutes. Commissioners, before you for discussion and possible adoption the minutes of september 27, 23 meeting. Commissioners . Anybody want to make a motion or have corrections to the minutes . Commissioner eppler. I move we adopt the minutes. Thank you. Is there Public Comment . Seeing none on the motion to adopt the minutes commissioner trasvina. Yes commissioner lemberg. Why aye. President swig. Aye that carries 40 and adopted. We are going to move on to item 7 a change in order of the agenda this. Is appeal 23039 grace bacigalupi against the za issuance autopsying 10 of 23 grace bacigalupi a letter of determination the existing parking space of the front of the property is a legal parking space but the garage building removed and fence between street and space does in the provide screening a Building Permit must have filed to provide adequate screening this is Record Number 2023004009 and we will hear from the appellate first. Welcome. You have 7 minutes. Im grace bacigalupi my husband and i live at 3363 shared with 1367 for 33 years and last year the end of the year, a complaint was made about our driveway. That is at 1367. Which has been there many years but the complaint was that it appeared to be abandoned or illegal. And so what i brought was photos that things over the years to show you how long it has been that way. In 2000 the garage was dill anidated and it started to lean after storms and went to the Building Department to apply for an permit to rebuild it but they did not like it on several visits said no this is not a good plan. This you have. And we were told this if we built a fence 72 inches or less woad not require a permit. Thats what we did. 23 years ago. Nobody complained about the driveway or fence since then and i have photographs to show you. You can put them on the over head. Yes. We see. Move the microphone. This is the sand born map of 1919 and a picture of the house. An arrow that shows you a tiny little space that was garage. Can you zoom out a bit. This is a zoomed in version. I got the map from planning in 2016 when they were out looking at our house another issue. And there is a garage. The tiny square that you see here we need to wareroom out a little. This is where i keep our garbage cans and things like that. And once the garage fell over we could not there was nothing to protect that part of the property. So we put up the fence and this is an old picture of the garage. Thats my fatherinlaw from 1950. And the young man is a teen year in 1960 you seat garage and a fence there and fence on the other side. So we did was put up the 72 inch fence. With an opening where the garage was. You could fit a car in. We dont use it often thats had we did in 2000 and nobody said we couldnt and not a permit would not be required this is a zoning letter i got from planning in 2016. Than i had seen our property, they had seen what it looked like and the fence that is currently well. There was in complaints at this time. Receipt for a driveway red curb to keep people from parking in the driveway. In 2018. We were using it at that time as a driveway. This is later in 2017, repaired the cement. On the sidewalk outside. For dpw. Than i saw the fence and the screening that was in place at this time and there were not complaint in 2020, we repaired another couple of spaces and you can see a car in the driveway. No one complain body this screening or the way the fence looked then. This is an all right of determination i got and suggested that it was willing had the garage was there but not willing now unless we obtain a permit. Why i need a permit i didnt understand and i reached out to more than a couple people at the Planning Department and did in the get an answer except for this a copy definition of code 142. I read code 142. And i believe that i met all the criteria in code 142. Im not sure why i would need to obtain a permit to i couldnt get a series answer about what was wrong with the screening. From anybody at planning. And so i filed for the appeal. I believe i met criteria in code 142. This is the driveway today. And thats green screening they use around tennis courts. I thought it was good screening. Meets criteria in code 142. And here is the driveway the car inside. This is up close. Material. This is me standing behind the screen. You cant see that is but you see my hands and feet. It is not you cant see the vehicles on the other side of the screen. I noticed that some of the other driveway in my neighborhood this is the driveway at [inaudible]. Right well. Than i have the same material on their fence i took a picture. This is a school on bryant street. Near my house the exact same material. And her another school on 20th street they use that material to hide their trash cans. It is the same material. Another school down the street, bryant street school. But not on bryant street it is san bruno it is the same material i have on mine. And another school. Down the street from us and that is also has the same material. I brought these pictures. I would like to give you this packet of information that i made up. And i will let you decide. Thank you. President swig. Did you want to accept her pictures we have seen enough and it islet for that. We got a full presentation. Why we have a question prosecute commissioner trasvina thank you. Mrs. Bacigalupi. I have a question. Im confeuds how you got here. Can you explain to me why you south a letter of determination. I was confused it was not clear what they wanted i called and left messages i e mailed on several occasions and nobody could tell mow what was wrong with the screening on my fence. And time was passing i roached out to alex and he said give them a chance see if member will wants to hum resolve this i was happy to do this i did it the day after i got the letter im confused why do i need a permit for the fence that has been there for 23 years or the green screening. Right. If i could, though, it seems to me you are a longterm San Francisco and willing to do what the city wants to you do guarding. Yea. Yea. I thought i did. I wonder how the letter of determination came up. Asking and getting. Dpw they received an unanimous complaint to suggesting this was an illegal driveway and i said i got this sand born map from 1909 there was a driveway there when we move in the. We did not put it there. I mean there is prove that has been there for a long time. Did you ask for specific low a letter of determinationo. The legality. Had do i mode to do. I just said it is a legal or isnt it thats what dpw said than i wanted to wait for plan to tell them. And i reached out to planning i did it observe in 2016 about this same property. And i assumed they had all that information. From 2016 nobody had a problem with the driveway at this time and the way it looked or the fence and screening there in 2016. Okay. Do you know whether or not planning or anyone from the city has seen your concern fencing and said it is inadequate. They said the screening was inadequate the the end of the let illegal when the grand jury was there. But the current screening appear to be inadequate. And suggested this i get a permit. For what i i dont know. I apply for a permit. And when i called and e mailed nobody got back to me. Nobody said you should try this or no that fence is not. And i started around my neighborhood. The same material. Thank you. Thank you. Thank you. You can be seated we will hear from the Planning Department. Good evening president wig and the board im tina tammy deputy zoning add administrator. 1367 is 1 and 2 story Single Family dwell nothing rh2 zoning. The appellate is grace bacigalupi. The owner of the property. Grace filed an appeal to the letter of determination issued by the za on august 10, 2023. This determination letter was issued at the request of grace because he wanted to know if the concern parking situation at 1367 san bruno is legal or not. As referenced her pace located at the front of her property is legal. However the fence is not. Pursuant to planning code section 142 off Street Parking must be screened from public streets andaly when not enclosed within a building. Typical examples used includes solid or decorative fencing or gates. While grace has a legal parking space, her fence which is more than 3 feet in height required a permit. Through permit research on the property no permit was found. By graces admission the fence was installed after her within story was demo in the 2001. Parking is not required, at least now. Grace had have a park nothing front of her house because the area in front is considered the buildable area of her lot. To comply with the planning code grace needs a permit in the Planning Department needs to rerue it to make sure adequate screening of the space. Thats all the zoning add administrator had tried say in this all right of determinationch the letter did in the represent an error in interpretation of the planning code nor, bus in discretion by the za, the Department Requests that the board deny the appeal and uphold the all right of determinationch thank you. We have a request from president swig. Run through this quickly. I saw this. Things this should have been handled in the department and in the in front of us. This is up there. How tall is the fence . I dont have plans she did not mitt a permit or drawings from the photograph im guessing about 5 and a half feet . Is a permit require when is one required for a fence . Required for that is more than 3 feet. 3 or 3 or more at the front. Thanks. So she was told Something Different and put up a fence. And so is had would this fence be otherwise legal in your view had she got a permit and if so, can the department retroactively issue a permit as we have seen done many times for far more stranger reasons. Absolutely we approve fences over the counter often. We have to check for compatibility with the design guide lines. I dont know the specifics about her materials for her fence. It has been up for decades. This is the sillness. I understand well is no permit. It has been there for 30 years. A 7 foot fence that from the street looks like every other 7 foot fence. What are we doing here. How can we handle this for this citizen in the most efficient fashion as she tried to out reach and get it done yet somebody has in the returned call to simply say you got a fence, yes, you put it up without a permit lets get one and then answer the simple question, is what is the appropriate materials it use to do the adequate screening. Would that be a simple as pie. I believe so she needs to file a permit. And that permit will be assigned a planner. At counter or somebody working with her already i believe well is a planner who has been talking to her i know she said, otherwise there has been a planner. You will provide her that am name the end of the hearing. I can do this. And what about the screening . The screening may not be adequate in the eyes of the department or the best case but when you walk around the neighborhood she had and looks at publicly owned buildings that are owned by the city, and good enough for the 4 schools why in the for my fence . Looks like some parts may be okay the wrought iron fence we see in residential neighborhoods. There is also other elements she has some sort of netting or Green Tennis Court material show dem strit in the her over head for School Properties in the sure they are compresident able with residential this is not part of the letter what review once the permit is filed. In the interest of providing information to the appellate, it may be the green tennis fence is good for schools and play grounds and other snushlal public fences butt residential design guide lines may not be transferrable may need Something Different and get this from the individual you will provide that. Thats correct. Okay. I think i dont know why this was not resolved earlier im trying my darnedest to get had quickly as possible for a simple item. Thank you for your answers do you have anything to add to that . For me . I dont. Commissioner trasvina. Thank you, president swig i share your view and analysis of this. Im not sure yet member of the public had to go through all this. When it seems like she was willing to do what to comply wanted know what it was. But so on the letter of determination. As i read the first paragraph of page 2 does not require the screening in the circumstance. Shouldnt this be a period and say sincerely planning does not require it. Why is there anything else passed . In the letter . The last sentence in the first paragraph on page 2 reads section within fro does in the strict low require the screening in this circumstance past practice hen to do so. Is this the. I thought the citizens are obligated to follow the code in the section. Here in the letter saying the section does not require it. I think that is the end of the story. Is this issage interpretation of the code done in 2000. My reading of the code that is publish the says screening required for all vehicles that is not within a building. F