December 12, 2012
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 12, 2012
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Chris Hwang, Vice President Frank Fung, Commissioner Darryl Honda, Commissioner Arcelia Hurtado and Commissioner Ann Lazarus.
Robert Bryan, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); John Kwong, Manager, Department of Public Works Bureau of Street Use and Mapping, (DPW BSM); Cynthia Goldstein, Executive Director; Xiomara Velez, Legal Process Clerk.
(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: President Hwang announced that she will be absent from the January 9, 2013 Board meeting due to work obligations.
PUBLIC COMMENT: None.
(3) ADOPTION OF MINUTES:
Discussion and possible adoption of the December 05, 2012 minutes.
ACTION: Upon motion by President Hwang, the Board voted 5-0 to adopt the December 05, 2012 minutes.
PUBLIC COMMENT: None.
(4a) REHEARING REQUESTS:
Subject property at 124-128 Fillmore Street. Letter from David Nale, subject property owner/appellant, requesting rehearing of Appeal Nos. 12-110 and 12-112, decided October 24, 2012. At that time, the Board voted 3-0-2 (President Hwang absent, one vacancy) to uphold the Letter of Determination (LOD) on the basis that the Zoning Administrator has already made significant accommodations to the subject property owner. Appellant in 12-112: Deborah Stott. LOD: regarding a request to extend the expiration date of Variance Decision No. 2005.0228V.
ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to deny the requests.
SPEAKERS: Brett Gladstone, attorney for requestor; Deborah Stott, appellant in Appeal No. 12-112; Scott Sanchez, ZA.
PUBLIC COMMENT: Lucretia Rauh and Anne Thornton spoke in support of the ZA.
(4b) REHEARING REQUEST:
Subject property at 498 Hoffman Avenue. Letter from Allen Sowle, attorney for Nicolas Andrade & James McDermott, appellants, requesting rehearing of Appeal No. 12-117, decided Nov. 07, 2012. At that time, the Board voted 2-1-2 (Vice President Fung dissented, Commissioner Hurtado absent, one vacancy) to uphold the Letter of Determination on the basis that there was no error or abuse of discretion on the part of the Zoning Administrator. Three out of four votes being required to overturn or modify a departmental action when a vacancy exists, the Letter of Determination was upheld by operation of law. LOD: regarding the legal dwelling unit count for the subject property.
ACTION: Upon motion by Commissioner Hurtado, the Board voted 5-0 to grant the request on the basis of possible manifest injustice, and set a new hearing date for March 20, 2013.
SPEAKERS: Allen Sowle, attorney for requestors; Scott Sanchez, ZA; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
(4c) REHEARING REQUEST:
Subject property at 150 California Street & 84 – 2nd Street. Letter from 2nd Street Merchants, appellant, requesting rehearing of Appeal No. 12-126, decided Nov. 14, 2012. At that time, the Board voted 2-2-1 (Vice President Fung & Commissioner Lazarus dissented, one vacancy) to uphold the subject Mobile Food Facility (MFF) permit on the basis that the sale of espresso drinks is not like foods under DPW’s MFF guidelines. Three out of four votes being required to overturn or modify a departmental action when a vacancy exists, the permit was upheld by operation of law. Permit Holder: Expresso Subito LLC.
ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to grant request and set a new hearing date for January 16, 2013.
SPEAKERS: Alison Rowe, agent for requestor; Deborah Kartiganer, attorney for permit holder; John Kwong, DPW BSM.
PUBLIC COMMENT: Lee Quan, John Gasser, Jim Patrick, Charlie Yu, Liane Quan, Ken Cleaveland, Luciano Rapetto, Monesh Josan, Keith Milne and Patricia Vaughey spoke in support of the requestor.
(4d) REHEARING REQUEST:
Subject property at 70 Elk Street. Letter from Anastasia Glikshtern, appellant, requesting rehearing of Appeal No. 12-128, decided Nov. 14, 2012. At that time, the Board voted 4-0-1 (one vacancy) to uphold the subject permit on the basis that it is Code compliant. Permit Holder: Recreation & Park Department. Project: to make ADA accessible; path of travel, restrooms, doors, drinking fountain; mechanical, electrical work to the site and restrooms and drinking fountain including concrete slab in restrooms; new landscape work to the site; BPA No. 2012/07/17/5064.
This matter was withdrawn by the requestor prior to hearing and was not heard.
(5) APPEAL NO. 12-135
MISSION PIERS
DEVELOPMENT LLC, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
2121 – 3rd Street.
Appealing the denial on October 19, 2012, of a Tree Removal Permit (four trees).
ORDER NO. 180734.
FOR HEARING TODAY.
ACTION: Upon motion by President Hwang, the Board voted 5-0 to continue the matter to January 30, 2013 at the request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (6A), (6B), (6C) & (6D) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 12-105
JOSH BLEECHER SNYDER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
530 Sanchez Street.
Protesting the issuance on August 20, 2012, to Brendan Fox, of a Permit to Demolish a Building (two-story, single-family dwelling with 1,083sf of ground floor area).
APPLICATION NO. 2005/05/03/1416.
PUBLIC HEARINGS HELD ON OCT. 17, 2012. FOR FURTHER CONSIDERATION TODAY. Note: Matters continued to allow Commissioner Hurtado to participate in the final vote.
(6B) APPEAL NO. 12-106
JOSH BLEECHER SNYDER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
530 Sanchez Street.
Protesting the issuance on August 20, 2012, to Brendan Fox, of a Permit to Erect a Building (four-story, two-unit building with 1,413sf of ground floor area).
APPLICATION NO. 2005/05/03/1415S.
SEE NOTE IN ITEM 6A.
(6C) APPEAL NO. 12-107
DENNIS STEWART, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
530 Sanchez Street.
Protesting the issuance on August 20, 2012, to Brendan Fox, of a Permit to Demolish a Building (two-story, single-family dwelling with 1,083sf of ground floor area).
APPLICATION NO. 2005/05/03/1416.
SEE NOTE IN ITEM 6A.
(6D) APPEAL NO. 12-108
DENNIS STEWART Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
530 Sanchez Street.
Protesting the issuance on August 20, 2012, to Brendan Fox, of a Permit to Erect a Building (four-story, two-unit building with 1,413sf of ground floor area).
APPLICATION NO. 2005/05/03/1415S.
SEE NOTE IN ITEM 6A.
ACTION: Upon motion by Commissioner Lazarus, the Board voted 5-0 to continue these matters to January 9, 2013 to allow time for Code compliant plans to be provided to the Board.
SPEAKERS: Lucian Blazej, agent for permit holder; Josh Bleecher Synder, appellant; Dennis Stewart, appellant; Scott Sanchez, ZA.
PUBLIC COMMENT: None.
(7) APPEAL NO. 12-101
SHUMEI FANG
dba “CEO HEALTH CLUB INC.”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
130 Bush Street #601.
Appealing a ninety (90) day suspension issued on August 14, 2012, of a Massage Establishment Permit.
DIRECTOR’S CASE NO. MSG12-39.
FOR HEARING TODAY.
ACTION: Upon motion by Commissioner Hurtado, the Board voted 4-1 (President Hwang dissented) to continue the matter to January 16, 2013 to allow new counsel to familiarize himself with the case and for additional briefing.
SPEAKERS: Paul Horcher, attorney for appellant; Sherri Sokeland Kaiser, attorney for respondent.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Hwang adjourned the meeting at 8:00 p.m.
