October 12, 2011
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 12, 2011
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Kendall Goh, Vice President Michael Garcia, Commissioner Chris Hwang and Commissioner Tanya Peterson.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Terence Howzell, (OCA); Scott Sanchez, Zoning Administrator (ZA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Rassendyll Dennis, Department of Public Works (DPW); Janine Young, Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
ABSENT: Commissioner Frank Fung.
(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: Commissioner Hwang announced that she will be absent from the Board’s October 26, 2011 meeting.
PUBLIC COMMENT: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the September 21, 2011 minutes. |
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ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Fung absent) to adopt the September 21, 2011 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST:
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Subject property at 3525-3529 Pacific Avenue. Letter from Craig Nikitas, agent for Peter & Victoria Johnson, requestors, asking that the Board take jurisdiction over BPA No. 2010/04/21/0752, which was issued on Oct. 28, 2010; the appeal period ended on Nov. 12, 2010, and the jurisdiction request was received at the Board office on Sept. 26, 2011. Permit Holders: Mr. & Mrs. Beischer. Project: remodel and reconfigure rooms throughout single family dwelling with three story addition added to west side of building; expansion of fourth floor room; sprinklers under separate permit. |
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WITHDRAWN.
(4b) REHEARING REQUEST:
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Subject property at 829 Geary Street. Letter from Katherine Viranyi & Khaled Hegazy, appellants, requesting rehearing of Appeal No. 11-086, “Cairo Nights” vs. DPH, decided Sept. 14, 2011. At that time, the Board voted 4-0 to uphold the 30-day suspension of the tobacco sales permit on the basis of Health Code violations as listed in the DPH Order. |
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ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Fung absent) to deny the Rehearing Request.
SPEAKERS: Requestors did not appear; Deputy City Attorney Terence Howzell spoke on behalf of the Department of Public Health.
PUBLIC COMMENT: None.
(5) APPEAL NO. 10-126
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RICHARD RABBITT, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE MAPPING, Respondent |
Golden Gate Avenue (fronting baseball field). Protesting the issuance on Oct. 29, 2010, to University of San Francisco, Minor Sidewalk Encroachment Permit (chain fence and retaining wall encroaching 6 feet onto the sidewalk right of way for a distance of 389 feet). PERMIT NO. 10MSE-0373. PUBLIC HEARING HELD ON JAN. 19, 2011. FOR FURTHER CONSIDERATION TODAY. Note: On Jan. 19, 2011 the matter was continued to allow time for DPW to submit additional information pursuant to the Board’s comments. On March 23, 2011 the matter was continued further to allow time for the permit holder (USF) to provide the Board with copies of permits obtained for the retaining wall constructed in 2004 and the trees removed in association with this construction. And on May 25, 2011, the matter was continued again to allow the parties to continue settlement discussions. |
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ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Fung absent) to grant the appeal and condition the permit based on the terms outlined in the letter dated October 12, 2011 submitted on behalf of the permit holder, University of San Francisco, and as revised by the Board at hearing, and on the revised plans attached as Exhibit A to this letter.
SPEAKERS: Harry O’Brien, attorney for USF; Mike London, agent for USF; Richard Rabbitt, appellant; Rassendyll Dennis, DPW.
PUBLIC COMMENT: Jeanne Quock, Kenneth Frausto and Martin MacIntyre spoke in support of the appellant.
(6) APPEAL NO. 11-069
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CANNA MED CARE, Appellant(s) vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner: 1238 SUTTER ST. LLC |
1222 Sutter Street. Protesting a Letter of Determination dated May 10, 2011, addressed to Jeremy Paul at Quickdraw Permit Consulting, regarding a Medical Cannabis Dispensary use at the subject property. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Fung absent) to reschedule this matter to January 18, 2012 at the request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. 11-081
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524 HOWARD STREET LLC, Appellant(s) vs.
PLANNING COMMISSION, Respondent
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524 Howard Street. Appealing the revocation on June 09, 2011, of office allocation at the subject property under the Planning Code’s Office Development Annual Limit Program. MOTION NO. 18379. FOR HEARING TODAY. |
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ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Fung absent) to deny the appeal and uphold the Planning Commission Motion based on the findings stated in the Planning Commission Motion.
SPEAKERS: Appellant did not appear; Scott Sanchez, ZA.
PUBLIC COMMENT: None.
(8) APPEAL NO. 11-096
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PAT BUSCOVICH, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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2350 Broadway. Protesting the issuance on August 17, 2011, to Michael & Maria Bykhovsky, Permit to Alter a Building (addition at rear; basement under deck, portable spa in basement interior; horizontal addition at 1st floor under rear deck; new deck addition at 1st floor rear; new exterior spiral stair at rear between 1st and 2nd rear decks; drawings based on BPA No. 2010/09/27/1718). APPLICATION NO. 2010/10/08/2625. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Garcia, the Board voted 3-1-1 (President Goh dissented and Commissioner Fung absent) to deny the appeal and uphold the permit based on the finding that the permit is Code compliant and no evidence was presented to suggest otherwise. The Board also requested that the Planning Department conduct a site visit to evaluate the topography of the property.
SPEAKERS: Pat Buscovich, appellant; Allan Low, attorney for permit holder; Matt Williams, agent for permit holder; Scott Sanchez, ZA.
PUBLIC COMMENT: None.
(9) APPEAL NO. 11-097
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L. MEDAL, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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4090 – 26th Street. Protesting the issuance on August 18, 2011, to Eric Engleman & Allison Serrell, Permit to Alter a Building (remodel and addition to single-family dwelling; three-story addition to rear of house; conversion of basement crawl space to circulation and storage; modifications to pantry and laundry areas; modifications to bedrooms and closets; reconfigure entry hall and stair; front setback deck, fence and gate). APPLICATION NO. 2010/10/05/2258S. FOR HEARING TODAY. |
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WITHDRAWN AT HEARING.
SPEAKERS: Robert Noelke, agent for appellant; Brett Gladstone, attorney for permit holders.
PUBLIC COMMENT: None.
(10) APPEAL NO. 11-098
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MIKE WILDMAN, ALISTAIR SHERRET, & REGINA McMAHON, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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1100 Lombard Street. Protesting the issuance on August 22, 2011, to David Blanz, Permit to Alter a Building (expand parking garage at ground floor; enlarge garage door to 10 feet wide; structural strengthening of all floors; sprinkler and MEP under separate permit; provide sound insulation between units). APPLICATION NO. 2011/07/27/1170. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Fung absent) to continue the matter to October 26, 2011 to allow time for additional settlement discussions.
SPEAKERS: Stephen Collier, attorney for appellants; Jack Laws, agent for appellant: Day Hilborn, agent for appellant; Mike Wildman, appellant; David Foran, attorney for permit holder; Garrett Blanz, agent for permit holder; Rodrigo Santos, agent for permit holder; Henry Karnilowicz, agent for permit holder; Edward Mullins, agent for permit holder; Erevan O’Neill, agent for permit holder.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Goh adjourned the meeting at 8:10 p.m.
