July 11, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, JULY 11, 2012

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

 

PRESENT:  President Chris Hwang, Vice President Frank Fung, Commissioner Rich Hillis and Commissioner Arcelia Hurtado.

 

Robert Bryan, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Anthony Grieco, Acting Chief Building Inspector, Department of Building Inspection (DBI); John Kwong, Manager, Department of Public Works Bureau of Street-Use and Mapping (DPW BSM); Carla Short, Urban Forester, Department of Public Works Bureau of Urban Forestry (DPW BUF); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

 

 

(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: None.

 

 

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the June 20, 2012 minutes.

ACTION: Upon motion by President Hwang, the Board voted 4-0 to adopt the June 20, 2012 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

 

 

(4)  APPEAL NO. 12-064

SWINERTON BUILDERS, Appellant(s)                      vs.   DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent	1190 Mission Street. Appealing the denial on May 04, 2012, of a Permit to Remove and Replace Five (5) Trees. ORDER NO. 180,190. FOR HEARING TODAY.

ACTION: Upon motion by President Hwang, the Board voted 4-0 to grant the appeal, overturn the department and issue the permit on the condition that ten (10) replacement trees of a 36” box size be planted, at the location and the species as determined by the department, and based on the agreement of the parties.

 

SPEAKERS: Ethan Roschen, agent for appellant; Carla Short, DPW BUF.

 

PUBLIC COMMENT: None.

 

 

(5)  APPEAL NO. 12-067

MERLE EASTON, Appellant(s)                      vs.   DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent	850 Columbus Avenue. Appealing the issuance on May 09, 2012, to Dept. of Public Works, of a Permit to Remove and Replace Five (5) Trees. ORDER NO. 180,241. FOR HEARING TODAY.

ACTION:  Upon motion by Vice President Fung, the Board voted 4-0 to deny the appeal, uphold the department and issue the permit on the basis stated in the DPW Order.

 

SPEAKERS: Merle Easton, appellant; Lena Ch’en, agent for permit holder, Carla Short, DPW BUF, Marsha Maytum, agent for permit holder.

PUBLIC COMMENT: Jack Stewart, Ted Kipping, Joan Wood, Howard Wong, Judy Irving and Judy Berkowitz spoke in support of the appellant. Abby Herget, Mark Cormier, Fay Darmawi, Elizabeth Diaz, Julie Christensen and Lizzy Hirsch spoke in support of the permit holder.

 

 

(6)  APPEAL NO. 12-065

RINCON CENTER RESTAURANT GROUP, Appellant(s)                      vs.   DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE AND MAPPING, Respondent	400 Howard Street and 60 Spear Street. Protesting the issuance on May 04, 2012, to Slider Shack LLC, of a Mobile Food Facility Permit (sale of sliders, tater tots and beverages). PERMIT NO. 11MFF-0182. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Hurtado, the Board voted 3-1 (Vice President Fung dissented) to deny the appeal, uphold the department and issue the permit on the basis stated in the DPW Order.

 

SPEAKERS: Pete Ryan, attorney for appellants; John Cade, agent for permit holder, John Kwong, DPW BSM.

PUBLIC COMMENT: Justin Sacco, David Silverglide and Krista Dixon spoke in support of the appellants.

 

 

(7)  APPEAL NO. 11-012

PATRICK BUSCOVICH, Appellant(s)                      vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL	69 Montezuma Street. Appealing the denial on Jan. 26, 2011, of a Permit to Alter a Building (existing large gate to be removed and replaced with fence and gate combination; comply with NOV Nos. 201033584 and 201036174). APPLICATION NO. 2011/01/25/8939. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Hurtado, the Board voted 4-0 to deny the appeal and uphold the denial on the basis of the requirements of Planning Code § 150.

 

SPEAKERS: Patrick Buscovich, appellant; Mario Ballard, agent for appellant; Robert Mostovoy, subject property owner; Scott Sanchez, ZA; Anthony Grieco, DBI.

PUBLIC COMMENT: Sophie Lei Aldrich spoke in support of the appellant; Elizabeth Cretara spoke in support of the department.

 

 

(8)  APPEAL NO. 11-099

ALLA DUBROVSKY, Appellant(s)                      vs.   DEPT. OF BUILDING INSPECTION, Respondent	1743 12th Avenue. Appealing the suspension on Sept. 01, 2011, of Building Permit Application No. 2010/12/20/7039 (replace a failed property line retaining wall), for the reason that this permit was issued in error. FOR HEARING TODAY.

ACTION: Upon motion by President Hwang, the Board voted 4-0 to reschedule the matter to October 10, 2012 at the mutual request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 ADJOURNMENT.

 

There being no further business, President Hwang adjourned the meeting at 8:15 p.m