April 18, 2012
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, APRIL 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, 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); Jocelyn Kane, Entertainment Commission (EC); Karen Yu, Senior Environmental Health Inspector, Department of Public Health (DPH); Evie Valle, Office of Labor Standards Enforcement (OLSE); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
(1) PUBLIC COMMENT:
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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. |
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SPEAKERS: None.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the April 11, 2012 minutes. |
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ACTION: Upon motion by President Garcia, the Board voted 5-0 to adopt the April 11, 2012 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Subject property at 1753 Beach Street. Letter from Beth Weesner, appellant, requesting rehearing of Appeal No. 12-004, Weesner vs. DBI, PDA, decided March 21, 2012. At that time, the Board voted 4-0 to grant the appeal and uphold the permit on 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 new water heater; and with a finding that by removing these items from the scope of work the block and lot number listed on the permit is correct. Permit Holder: Sanford Specter. Project: 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; BPA No. 2011/03/18/2376. |
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to deny the request.
SPEAKERS: Anthony Soldato, attorney for appellant; Pat Buscovich, agent for appellant; Brian Soriano, attorney for permit holder; Joseph Duffy, DBI.
PUBLIC COMMENT: Butch Haze spoke in support of the permit holder.
(5) APPEAL NO. 11-126
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MOSQUITO LLC dba “TUPELO”, Appellant(s) vs.
ZONING ADMINISTRATOR, Respondent
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1337 Grant Avenue. Appealing a Letter of Determination dated October 20, 2011, addressed to Entertainment Commission Director Jocelyn Kane, requesting that action be taken to remedy a conflict between a recently issued Place of Entertainment Permit at the subject property and prior Planning Commission actions related to this subject property. FOR HEARING TODAY. |
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ACTION: Upon motion by President Garcia, the Board voted 4-1 (Commissioner Hillis dissented) to deny the appeal and uphold the Letter of Determination on the basis that there was no error or abuse of discretion on the part of the Zoning Administrator.
SPEAKERS: Teague Kernan, appellant; Mark Rennie, attorney for appellant; Marsha Garland, agent for appellant; Scott Sanchez, ZA; Jocelyn Kane, EC.
PUBLIC COMMENT: Brian Keeney, Erik Corkery, David Stubbs, Keith Ryan, Conor Nugent, Daria Johnson, Gina Baratta, Tim Donnelly, Keith Sweeny, Kelly Edwards, Jin Rickard, Laura Hahn, Ian Stewart, Terrance Alan, Gabrielle Davidauskis, Guy Carson, Samantha Davis, Michael McDonald, Robert Kowal, Wayne Derman and Jeremy Paul spoke in support of the appellant. San Francisco Police Lieutenant Steven Fordham and Officer Steve Matthias spoke in support of the ZA.
(6) APPEAL NO. 12-028
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JOHNNY MARENCO dba “PANCHITA’S #3 RESTAURANT”, Appellant(s) vs.
DEPT. OF PUBLIC HEALTH, Respondent
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3115 – 22nd Street. Appealing the revocation on February 16, 2012, of a Permit to Operate. Reason(s) for revocation: violation of California Health and Safety Code § 113715. DIRECTOR’S CASE NO. FD-12-07. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Hwang, the Board voted 5-0 to deny the appeal and uphold the revocation for the reasons stated in the DPH Order.
SPEAKERS: Johnny Marenco, appellant; Karen Yu, DPH; Evie Valle, OLSE.
PUBLIC COMMENT: Maria Perez and Tiffany Altamurano spoke in support of the department.
(7) APPEAL NO. 12-017
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SARAH COX, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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105 Valencia Street. Protesting the issuance on Feb. 01, 2012, to Patrick Mora, Permit to Alter a Building (revise BPA No. 2011/10/17/6986 from Class II hood to Class I hood and duct work only; reference original BPA No. 2007/09/07/2133). APPLICATION NO. 2012/01/31/3255. FOR HEARING TODAY. |
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ACTION: Upon motion by President Garcia, the Board voted 5-0 to continue the matter to April 25, 2012 to allow time for the permit to be cancelled the appeal to be administratively dismissed.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (8A) & (8B) SHALL BE HEARD TOEGETHER:
(8A) APPEAL NO. 12-025
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JUNEL SOLBACH, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1285 - 45th Avenue. Protesting the issuance on February 14, 2012, to Peter Fealy Living Trust, Electrical Permit (ground floor: cap off electrical at range). APPLICATION NO. 2012/02/14/783. FOR HEARING TODAY. |
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(8B) APPEAL NO. 12-026
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JUNEL SOLBACH, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1285 - 45th Avenue. Protesting the issuance on February 14, 2012, to Peter Fealy Living Trust, Plumbing Permit (cap off bar sink, shower, toilet, sink). APPLICATION NO. 2012/02/14/447. FOR HEARING TODAY. |
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ACTION: Upon motion by President Garcia, the Board voted 5-0 to continue the appeals to June 13, 2012 to allow time for DBI to inspect the unit for life-safety issues.
SPEAKERS: Eunice Chang, attorney for appellant; Steven MacDonald, attorney for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
(9) APPEAL NO. 12-027
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INGE DHILLON, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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21 Rosemont Place. Protesting the issuance on February 15, 2012, to Jonathon Withrington, Permit to Alter a Building (clear complaint #2011755835 remove illegal unit in garage, convert area to workshop with ½ bath). APPLICATION NO. 2012/02/13/4029. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to continue the matter to June 13, 2012 to allow time for DBI to conduct life-safety and permit history research.
SPEAKERS: Jim Faye, agent for appellant; Inge Dhillon, appellant; Jonathan Withrington, permit holder; Linda Beattie, agent for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
(10) APPEAL NO. 12-029
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JEREMY PAUL, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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138 - 5th Avenue. Appealing the denial on February 28, 2012, of a Permit to Alter a Building (correct record to show legal use and occupancy as single family dwelling). APPLICATION NO. 2012/02/28/5030. FOR HEARING TODAY. |
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ACTION: Upon motion by President Garcia, the Board voted 5-0 to grant the appeal, overturn the denial, and issue the permit based upon the evidence submitted by the appellant and DBI’s concession that the property was originally a single family dwelling.
SPEAKERS: Jeremy Paul, appellant; Joseph Duffy, DBI; Scott Sanchez, ZA.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Garcia adjourned the meeting at 9:30 p.m.
