June 20, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, JUNE 20, 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.

 

Anthony Grieco, Acting Chief Building Inspector, Department of Building Inspection (DBI); Dan Sider, Assistant Zoning Administrator, Planning Department (PD); Carla Short, 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: President Hwang apologized for the late start of the meeting.

 

PUBLIC COMMENT:  None.

 

 

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the June 13, 2012 minutes.

ACTION: Upon motion by President Hwang, the Board voted 4-0 to adopt the May 30, 2012 minutes as revised.

 

SPEAKERS: Vice President Fung requested that the votes be revised to properly reflect Commissioner Hurtado’s absence.

 

PUBLIC COMMENT: None.

 

 

(4)  APPEAL NO. 12-057

JESSE HERZOG, Appellant(s)                      vs.   DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent	900 Folsom Street.  Appealing the denial on May 04, 2012,           of Permit to Remove and Replace Eight (8) Trees. ORDER NO. 180,189. FOR REHEARING 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 the eight existing trees be replaced by eleven trees that have the same trunk diameter and canopy as the existing trees, as determined by DPW BUF.

 

SPEAKERS: Jesse Herzog, appellant; Eric Tao, agent for appellant; Carla Short, DPW BUF.

 

PUBLIC COMMENT: None.

 

 

(5)  APPEAL NO. 11-125

MAUD HALLIN, Appellant(s)                      vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL

449A Greenwich Street. Protesting the issuance on October 27, 2011, to Kelly Kaplan, Permit to Alter a Building (renovation of rear yard cottage; scope includes conversion of crawl space to habitable space; new roof deck; lower cottage, two new bedrooms and two and a half baths and family room; upper, master bedroom, bath, kitchen and remodel; new half bath). APPLICATION NO. 2011/10/18/7007. FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to grant the appeal and issue the permit on the condition that the permit be revised in conformance with the settlement agreement submitted to the Board on June 14, 2012 and the revised plans dated March 21, 2012.

 

SPEAKERS: Maud Hallin, appellant; Steve Atkinson, attorney for permit holder; Dan Sider, PD; Anthony Grieco, DBI.

 

PUBLIC COMMENT: Leo Isotalo, Patricia Vaughey spoke in support of the settlement.

 

 

(6)  APPEAL NO. 12-056

PAT BUSCOVICH, Appellant(s)                      vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	2853-2857 Broderick Street. Protesting the issuance on April 17, 2012, to Inger Conrad, Permit to Alter a Building (raise building 36”; build new garage and rooms down for future expansion; new curb cut). APPLICATION NO. 2011/03/25/2839S. FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Hurtado, the Board voted 4-0 to deny the appeal and uphold the permit on the basis that the scope of work complies with the Planning and Building Codes.

 

SPEAKERS: Pat Buscovich, appellant; Stephen Antonaros, agent for permit holder; John McInerney, attorney for permit holder; Dan Sider, PD; Anthony Grieco, DBI.

 

PUBLIC COMMENT: Patricia Vaughey spoke in support of the appellant.

 

 

(7)  APPEAL NO. 12-059

OUTER MISSION MERCHANTS & RESIDENTS ASSOCIATION, Appellant(s)                      vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL

5258 Mission Street. Protesting the issuance on April 26, 2012, to Eugene Popok, Permit to Alter a Building (remodel existing ground floor commercial into an MCD – medical cannabis dispensary; new toilet, new lighting, new plumbing, new mechanical heat and ventilation; new dispensary counter and display; new waiting area, entry door; ADA compliance for entire space). APPLICATION NO. 2010/05/27/3337S. FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Hurtado, the Board voted 3-1 (Vice President Fung dissented) to deny the appeal the uphold the permit on the basis that there is nothing in the Codes to warrant overturning it and that the facts of this case have been distinguished from the prior medical cannabis dispensary appeal on Taraval Street.

 

SPEAKERS: Stephen Currier, agent for appellant; Eugene Popok, permit holder; Dorji Roberts, attorney for permit holder; Joram Altman, agent for permit holder; David Abernathy, agent for permit holder; Dan Sider, PD; Anthony Grieco, DBI.

 

PUBLIC COMMENT: Violet Cheng, Mei Wong, Bao Yan Yu, Li Qin Zhou, Choi Fong Yu, Xiao Yan Yu, Mary C. Harris, David Hooper, Lois Chan, Zu Yi Li, Mrs. Cheung, Stephen Chow, Ahsha Safai, Monika Yunger and Richard Ow spoke in support of the appellant.

 

Dan Rush, Mira Ingram, Josie Porter, Lauren Vasquez, Ellouise Patton, Susan Tibbon, David Goldman, Michael Koehn, Rocio Brown, Kevin Brown, Paul Hansbury, Brian Webster, Matthew Wityre and Stephanie Tucker spoke in support of the permit holder.

 

 

(8)  APPEAL NO. 12-060

SCOTT HOOPES, Appellant(s)                      vs.   ZONING ADMINISTRATOR, Respondent   Subject Property Owner: GREGOR FREUND	2848 Union Street.  Protesting a Release of Suspension Request dated April 27, 2012, addressed to DBI Director Vivian Day, requesting that the suspension against BPA No. 2011/07/15/0355 be released because the subject rear exterior stairs are required for egress and are therefore exempt from Planning Code § 311 notification. FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Hillis, the Board voted 4-0 to deny the appeal and uphold the Release of Suspension on the basis that the Zoning Administrator did not err or abuse his discretion.

 

SPEAKERS: Scott Hoopes, appellant; Jim Reuben, attorney for subject property owner; Teri Behm, agent for subject property owner; Dan Sider, PD; Anthony Grieco, DBI.

 

PUBLIC COMMENT: Anne Harvey and Patricia Vaughey spoke in support of the appellant.

 

 

 

ADJOURNMENT.

There being no further business, President Hwang adjourned the meeting at 9:55 p.m.