September 19, 2012 | Board of Appeals

Board of Appeals - September 19, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, SEPTEMBER 19, 2012

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

PRESENT: President Chris Hwang, Vice President Frank Fung and Commissioner Ann Lazarus.

Robert Bryan, Deputy City Attorney, Office of the City Attorney (OCA); Dan Sider, Assistant Zoning Administrator, Planning Department (PD); Patrick O’Riordan, Senior Building Inspector, Department of Building Inspection (DBI); Janine Young, Senior Inspector, Environmental Health Section, Department of Public Health (DPH); Alyonik Hrushow, Tobacco Free Project, DPH; Officer Rob Forneris, Permit Bureau, San Francisco Police Department (SFPD); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

ABSENT: Commissioner Arcelia Hurtado.

(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 delayed start of the meeting resulting from traffic congestion in the area.

PUBLIC COMMENT: None.

(3) ADOPTION OF MINUTES:

Discussion and possible adoption of the September 12, 2012 minutes.

ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Commissioner Hurtado absent) to adopt the September 12, 2012 minutes.

SPEAKERS: None.

PUBLIC COMMENT: None.

(4) ADDENDUM ITEMS:

(4a) REHEARING REQUEST:

Subject property at 2101 Washington Street. Letter from Shannon Gallagher, appellant, requesting rehearing of Appeal No. 12-083, Gallagher vs. DBI, PDA, decided Aug. 22, 2012. At that time, the Board voted 4-0-1 (one vacancy) to deny the appeal and uphold the permit on the basis that it is Code compliant. Permit Holder: Recreation & Park Department. Project: ADA/barrier removal; interior renovation of existing public restroom; new plumbing fixtures; new lights; park improvements include new ADA paths, new retaining walls, and new lights; BPA No. 2011/12/09/0448.

ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Commissioner Hurtado absent) to deny the rehearing request.

SPEAKERS: Shannon Gallagher, requestor; Mary Hobson, agent for permit holder; Dan Sider, PD; Patrick O’Riordan, DBI.

PUBLIC COMMENT: Cathy Siler and Nick P. spoke in support of the appellant. Steffen Franz, Corrina Bonomo and Lynne Newhouse Segal spoke in support of the permit holder.

(5) 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 REHEARING TODAY.

ACTION: Upon motion by Commissioner Lazarus, the Board voted 3-0-1 (Commissioner Hurtado absent) to grant the appeal and condition the permit to reflect the modifications noted in the plans marked as Exhibit A, dated August 22, 2012, on the basis that the modifications reflect the agreement of the parties.

SPEAKERS: Irving Zaretsky, agent for appellant; John Kevlin, attorney for permit holder.

PUBLIC COMMENT: None.

(6) APPEAL NO. 12-081

KINAMI AHMED dba “NILE CAFÉ”, Appellant(s)

vs.

DEPT. OF PUBLIC HEALTH, Respondent

544 Jones Street.

Appealing the 30-day suspension of a Tobacco Product Sales Permit. Reason for suspension: violation of State law and the San Francisco Health Code which prohibit the indoor smoking of tobacco products.

DIRECTOR’S CASE NO. SMK12-06.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 3-0-1 (Commissioner Hurtado absent) to deny the appeal and uphold the suspension on the basis that the Ordinance prohibits smoking at restaurants and because the DPH policy to avoid the appearance of allowing smoking at restaurants is compelling.

SPEAKERS: Abraham Mertens, attorney for appellant; Kinami Ahmed, appellant; Janine Young, DPH; Alyonik Hrushow, DPH.

PUBLIC COMMENT: None.

(7) APPEAL NO. 12-089

HENRY JOHNSON, Appellant(s)

vs.

POLICE DEPARTMENT, Respondent

1195 Quesada Street.

Appealing the denial on July 23, 2012, of Tow Car Operator Permit (P43).

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Lazarus, the Board voted 3-0-1 (Commissioner Hurtado absent) to continue the hearing to November 7, 2012 so that the SFPD may issue a written clarification of the departmental action and to allow both parties time to submit additional briefing. The SFPD departmental action should be submitted to the Board and the appellant no later than October 3, 2012; the appellant’s brief should be submitted no later than October 18, 2012; and the SFPD brief should be submitted no later than November 1, 2012. Up to twelve (12) pages of briefing (double-spaced) is allowed with unlimited pages of exhibits.

SPEAKERS: Henry Johnson, appellant; Officer Robert Forneris, SFPD.

PUBLIC COMMENT: None.

(8) APPEAL NO. 12-094

PIPER MURAKAMI, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

117 Broad Street.

Appealing the imposition of penalty for construction work done without a permit.

APPLICATION NO. 2012/07/24/5594.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 3-0-1 (Commissioner Hurtado absent) to grant the appeal and reduce the penalty to two times the permit fee.

SPEAKERS: Piper Murakami, appellant; Patrick O’Riordan, DBI.

PUBLIC COMMENT: None.

(9) APPEAL NO. 12-096

AMERICAN LEGION

WAR MEMORIAL COMMISSION, Appellant(s)

vs.

HISTORIC PRESERVATION COMMISSION,

Respondent

401 Van Ness Avenue.

Protesting the granting on July 18, 2012, to Dept. of Public Works, Certificate of Appropriateness (exterior alterations to subject property).

MOTION NO. 0166.

FOR HEARING TODAY.

ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Commissioner Hurtado absent) to continue this matter to October 10, 2012, in order for the case to be heard by four Board members as is required by City law.

SPEAKERS: None.

PUBLIC COMMENT: None.

(10) APPEAL NO. 12-093

KEITH DOERGE, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

2865 Vallejo Street.

Protesting the issuance on Aug. 01, 2012, to Shane Busch, Permit to Alter a Building (work related to approved BPA No. 2011/10/14/6816; underground expansion to garage – addition of 697sf; all new work is underground; new elevator up to 1^st floor level; seismic upgrade; interior remodel of 1^st floor level; mandatory sprinkler work under separate permit).

APPLICATION NO. 2011/12/19/0928.
FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 3-0-1 (Commissioner Hurtado absent) to deny the appeal and uphold the permit.

SPEAKERS: Keith Doerge, appellant; Reinhard Ludke, agent for appellant; Ilene Dick, attorney for permit holder; Randy Collins, agent for permit holder; Lawrence Karp, agent for permit holder; Dan Sider, PD; Patrick O’Riordan, DBI.

PUBLIC COMMENT: None.

ADJOURNMENT.

There being no further business, President Hwang adjourned the meeting at 8:10 p.m.