April 25, 2012

 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, APRIL 25, 2012

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

 

PRESENT: President Michael Garcia, Vice President Chris Hwang, Commissioner Rich Hillis and Commissioner Arcelia Hurtado.

 

Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Jarvis Murray, San Francisco Municipal Transportation Agency, Divison of Taxis and Accessible Services (SFMTA  DTAS); John Kwong, Department of Public Works, Bureau of Street Use & Mapping (DPW BSM); Terrence Hong, Senior Environmental Health Inspector, Department of Public Health (DPH); Richard Lee, Director of Environmental Health Regulatory Programs, DPH; Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

 

ABSENT: Commissioner Frank Fung.

 

 

 

(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: Jacquie Greàux spoke about construction at 340 Spruce Street allegedly beyond the scope of a permit and prior Board of Appeals action regarding this property.

 

 

 

(2)    COMMISSIONER COMMENTS & QUESTIONS: 

SPEAKERS: Vice President Hwang and Commissioner Hurtado both announced they will be absent on May 9, 2012.  President Garcia announced that he will be resigning from the Board and the next meeting will be his last.

 

PUBLIC COMMENT: None.

 

 

 

 

 

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the April 18, 2012 minutes.

ACTION: Upon motion by President Garcia, the Board voted 4-0-1 (Commissioner Fung absent) to adopt the April 18, 2012 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

(4)    ADDENDUM ITEMS: 

(4a)    JURISDICTION REQUEST: 

Refusal to accept Color Scheme Permit Application by SFMTA Division of Taxis & Accessible Services.  Letter from Ray Alexander, attorney for Saam Aryan, requestor, asking that the Board invoke subject matter jurisdiction over the afore-mentioned departmental action dated Feb. 28, 2012.

 

ACTION: Upon motion by President Garcia, the Board voted 3-1-1 (Commissioner Hillis dissented and Commissioner Fung absent) to deny the request based on a finding that MTA’s action did not constitute a permit denial under San Francisco Charter § 4.106.

 

SPEAKERS: Ray Alexander, attorney for requestor; Jarvis Murray, SFMTA DTAS.

 

PUBLIC COMMENT: Heidi Machen spoke in support of the requestor.

 

 

(5)  APPEAL NO. 12-039

GUO SHENG LEI dba “LOUIE’S CALIFORNIA CHINESE CUISINE”, Appellant(s)                         vs.   DEPT. OF PUBLIC HEALTH, Respondent	646 Washington Street. Appealing the revocation on March 14, 2012, of Permit to Operate. DIRECTOR’S CASE NO. FD-12-14. FOR HEARING TODAY.

 

ACTION: Upon motion by President Garcia, the Board voted 4-0-1 (Commissioner Fung absent) to uphold the revocation for the reasons stated in the DPH Order.

 

SPEAKERS: Guo Sheng Lei, appellant (through interpreter, Richard Ow); Terrence Hong, DPH; Richard Lee, DPH.

 

PUBLIC COMMENT: Richard Ow spoke in support of the appellant.

 

 

(6)  APPEAL NO. 12-030

 

A.F. & DOLAND DAHLSTROM, Appellant(s)                         vs.   DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING,                                                      Respondent	644 Morse Street. Protesting the issuance on Jan. 18, 2011, to NextG Networks of California Inc., Wireless Box Permit. PERMIT NO. 10WR-0145. JURISDICTION GRANTED FEB. 29, 2012. FOR HEARING TODAY.

 

ACTION: Upon motion by President Garcia, the Board voted 3-1-1 (Commissioner Hillis dissented and Commissioner Fung absent) to deny the appeal and uphold the permit on the basis that it is Code compliant.

 

SPEAKERS: A.F., appellant; Doland Dahlstrom, appellant; Natasha Ernst, attorney for permit holder; John Kwong, DPW BSM.

 

PUBLIC COMMENT: None.

 

 

(7)  APPEAL NO. V11-133

STEPHEN K. LEE, Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent	30 Edith Street. Protesting the granting on Nov. 02, 2011, to William Bernard and Associates, Rear Yard / Exposure / Non-Complying Structure Variances (construct rear, side, and third floor additions to existing two-story, one-family dwelling, and extend first and second stories back toward the rear of lot). VARIANCE CASE NO. 2010.0084DDDV. FOR HEARING TODAY.

 

WITHDRAWN BY APPELLANT.

 

 

 

ADJOURNMENT.

There being no further business, President Garcia adjourned the meeting at 7:15 p.m.