July 25, 2012
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 25, 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, 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; 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: President Hwang welcomed and introduced Commissioner Lazarus, noting many of her educational and professional accomplishments, and her years of service to the City including as a member of the Port Commission. Commissioner Lazarus expressed her pleasure at being able to continue to serve the City as a member of the Board.
PUBLIC COMMENT: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the June 20, 2012 minutes. |
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ACTION: Upon motion by President Hwang, the Board voted 5-0 to adopt the July 11, 2012 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST:
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Subject property at 246 – 11th Avenue. Letter from Donald Fu, requestor, asking that the Board take jurisdiction over BPA No. 2012/04/13/8273, which was issued on May 10, 2012; the appeal period ended on May 25, 2012, and the jurisdiction request was filed on July 09, 2012. Permit Holder: MIGSIF, LLC. Project: remodel interior areas/upgrades; 6 dormer windows; replace windows; repair in-kind exterior surfaces; legalize space at 1st floor with 8’ ceiling height; relocate bath and laundry; convert storage to bedrooms; remodel kitchen/bath; install fireplace; repair deck; remodel master bath; add bath, skylight and fireplace. |
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ACTION: Upon motion by President Hwang, the Board voted 5-0 to deny the jurisdiction request.
SPEAKERS: Donald Fu, requestor; Ronald Yu, agent for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
(5) APPEAL NO. 12-068
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COURTNEY UTT, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent
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642 Jones Street. Protesting the issuance on May 15, 2012, to Elizabeth LP, Minor Sidewalk Encroachment Permit (temporary fence and gate with panic hardware and exit sign across Colin Place – a dead end street). PERMIT NO. 12MSE-0111 FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to continue this matter to August 15, 2012 to allow time for DBI to conduct an exiting and accessibility review.
SPEAKERS: Courtney Utt, appellant; Eric Brown, agent for appellant; Deborah Chilvers, agent for permit holder; John Kwong, DPW BSM; Joseph Duffy, DBI.
PUBLIC COMMENT: Robert Cesana, Barbara Cesana and Lorae Lauritch spoke in support of the appellant. Chuck Drees spoke in support of the permit holder.
ITEMS (6A) AND (6B) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 12-071
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NORTH WATERFRONT RESTAURANT GROUP, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent
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Broadway: Davis St. to Front St. (50-99). Protesting the issuance on Feb. 21, 2012, to Off the Grid Services LLC, Mobile Food Facility Permit (sale of everything except hot dogs). PERMIT NO. 11MFF-0021. JURISDICTION GRANTED MAY 30, 2012. FOR HEARING TODAY. |
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(6B) APPEAL NO. 12-072
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NORTH WATERFRONT RESTAURANT GROUP, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent
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250 – 4th Street & 90 Broadway. Protesting the issuance on March 08, 2012, to Off the Grid Services LLC, Mobile Food Facility Permit (sale of everything except hot dogs). PERMIT NO. 12MFF-0035. JURISDICTION GRANTED MAY 30, 2012. FOR HEARING TODAY. |
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ACTION: ACTION: Upon motion by President Hwang, the Board voted 4-0-1 (Commissioner Hillis absent) to recuse Commissioner Hillis because he is the Executive Director of the nonprofit organization where the permit holder leases office space. Upon further motion by President Hwang, the Board voted 3-1-1 (Commissioner Hurtado dissented and Commissioner Hillis recused) to grant the appeals, uphold the department and issue the permits on the condition that both permits exclude the sale of hamburgers similar to those listed on the menu for Grumpy’s American Pub attached as Exhibit C to the permit holder’s brief. This condition is to last for the duration of the permit or as long as Grumpy’s American Pub is in business, and is only to be applied to the Broadway Street locations listed on the permits. The motion was made on the basis of the “like foods” provisions in the DPW guidelines on Mobile Food Facility Permits.
SPEAKERS: Pete Ryan, attorney for appellants; Matt Cohen, agent for permit holder; John Kwong, DPW BSM.
PUBLIC COMMENT: Anne-Marie De Martini, Eric Sigler, Chris O’Dea and Marla Mclaughlin spoke in support of the permit holder.
ITEMS (7A) AND (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 11-142
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SANJAY DANI, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL
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45 Priest Street. Appealing the denial on Dec. 02, 2011, of Permit to Erect a Building (garage structure with 440sf of ground floor area). APPLICATION NO. 2006/12/05/9210. FOR HEARING TODAY. |
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(7B) APPEAL NO. 11-143
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SANJAY DANI, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL
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45 Priest Street. Appealing the denial on Dec. 02, 2011, of Permit to Alter a Building (construct stairs to second level of existing building in backyard; based on Planning variance approval 2005.0607V). APPLICATION NO. 2007/04/05/8127. FOR HEARING TODAY. |
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ACTION: Upon motion by President Hwang, the Board voted 5-0 to reschedule both matters to October 10, 2012 at the request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 12-069
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RAYMOND ABRONSKI & SUZANNE RAMSEY, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1355 – 46th Avenue. Protesting the issuance on May 24, 2012, to Jeff Apprenrodt, Permit to Alter a Building (remodel kitchen; remodel bathroom; replace windows not visible from street; no structural work; no change on wall and opening). APPLICATION NO. 2012/05/24/1178. FOR HEARING TODAY. |
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WITHDRAWN PRIOR TO HEARING
ADJOURNMENT.
There being no further business, President Hwang adjourned the meeting at 8:30 p.m.
