September 14, 2011 | Board of Appeals

Board of Appeals - September 14, 2011

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, SEPTEMBER 14, 2011

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

PRESENT: President Kendall Goh, Vice President Michael Garcia, Commissioner Frank Fung and Commissioner Chris Hwang.

Francesca Gessner, 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); Dan Sider, Senior Planner, Planning Department (PD); Terence Howzell, OCA; Janine Young, Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

ABSENT: Commissioner Tanya Peterson.

(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 August 17, 2011 minutes.

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Peterson absent) to adopt the August 17, 2011 minutes.

SPEAKERS: None.

PUBLIC COMMENT: None.

(4) CLOSED SESSION (ANTICIPATED TO LAST NO MORE THAN 20 MINUTES):

CONFERENCE WITH LEGAL COUNSEL

Existing litigation: Nob Hill Association v. City & County of San Francisco, S.F. Superior Court, Case No. 10-510365 (filed April 23, 2010).

a. Public Comment on all matters related to Closed Session.

b. Vote on whether to assert the attorney-client privilege and hold a closed session to confer with legal counsel pursuant to San Francisco Admin. Code Sec. 67.10(d) and Cal. Govt. Code Sec. 54956.9(a) regarding pending litigation in Nob Hill Association v. City & County of San Francisco, Sup. Ct. No. 10-510365.

c. Closed Session.

d. Reconvene in open session.

(i) Vote whether to disclose any or all discussions held in closed session.

(ii) Report any action taken in closed session within the meaning of San Francisco Admin. Code Sec. 67.12(b)(2) and Cal. Govt Code Sec. 54957.1(a)(2).

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Peterson absent) to convene in closed session. The closed session was attended by: President Goh, Vice President Garcia, Commissioner Fung, Commissioner Hwang, Cynthia Goldstein, Victor Pacheco, Francesca Gessner, OCA, and Thomas Lakritz, OCA. Afterwards, upon motion by President Goh, the Board voted 4-0-1 (Commissioner Peterson absent) to not disclose the content of discussions held in the closed session. No action was taken during the closed session.

SPEAKERS: None.

PUBLIC COMMENT: None.

(5) ADDENDUM ITEMS:

(5a) JURISDICTION REQUEST:

Subject property at 23 Belmont Avenue. Letter from Susan Scannon, requestor, asking that the Board take jurisdiction over Electrical Permit No. E2011/03/08/3343, which was issued on March 08, 2011. The appeal period ended on March 23, 2011, and the jurisdiction request was received at the Board office on July 19, 2011. Permit Holder: Chanter-Cheung Revocable Trust. Project: 9 roof-mounted solar PV modules; 230 watts per module; 9 interactive.

ACTION: Upon motion by Commissioner Hwang, the Board voted 4-0-1 (Commissioner Peterson absent) to deny the Jurisdiction Request.

SPEAKERS: Dirk Stennick, agent for requestor; Nigel Chanter, permit holder; Jeanine Cotter, agent for permit holders; Anthony Grieco, DBI; Scott Sanchez, ZA.

PUBLIC COMMENT: None.

(5b) REHEARING REQUEST:

Subject property at 340-342-344 Spruce Street. Letter from Jacquie Greaux, appellant, requesting rehearing of Appeal No. 11-067, Greaux vs. DBI, decided July 27, 2011. At that time, the Board voted 5-0 to deny the appeal and uphold the permit on the basis that it complies with the Code. Permit Holder: Love Family Trust. Project: remodeling one bathroom; lighting to comply with CEC150(K); no change to windows, walls or doors; BPA No. 2011/05/12/5871.

ACTION: Upon motion by Vice President Garcia, the Board voted 3-1-1 (Commissioner Fung dissented and Commissioner Peterson absent) to continue this matter to a later date after the parties’ Rent Board hearing. Upon further motion by Commissioner Hwang, the Board voted 3-1-1 (President Goh dissented and Commissioner Peterson absent) to reconsider the prior motion. Upon motion by Commissioner Fung, the Board voted 2-2-1 (President Goh and Vice President Garcia dissented and Commissioner Peterson absent) to deny the Rehearing Request. Lacking the three votes needed to pass, the motion failed. With no further motion made, the Rehearing Request is denied by operation of law.

SPEAKERS: Jacquie Gréaux, appellant; Mark Epstein, attorney for permit holder.

PUBLIC COMMENT: None.

(5c) JURISDICTION REQUEST:

Subject property at 1844 Laguna Street. Letter from Alfred & Patty Dobrow, requestors, asking that the Board take jurisdiction over Building Permit Application No. 2011/06/01/7152, which was issued on June 16, 2011. The appeal period ended on July 01, 2011, and the jurisdiction request was received at the Board office on Aug. 19, 2011. Permit Holder: California Investment LLC. Project: provide roof deck and two skylights; altering gable roof to flat roof; replace windows to French doors; convert attic to habitable space.

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Peterson absent) to continue the matter to October 5, 2011, to allow time for a needed revision permit to be issued, with no additional briefing allowed. Additional testimony of three (3) minutes per party is allowed.

SPEAKERS: Alfred Dobrow, requestor; John Pollard, agent for permit holder; Scott Sanchez, ZA; Anthony Grieco, DBI.

PUBLIC COMMENT: None.

(5d) REHEARING REQUEST:

Subject property at 1633-1649 Haight Street. Letter from Tito Torres, attorney for Front Properties LLC, appellant, requesting rehearing of Appeal No. 11-021, Front Properties LLC vs. DBI, PDD, decided Aug. 17, 2011. At that time, the Board voted 3-2 to deny the appeal and uphold the denial of the permit with a finding that the billboard does not comply with Planning Code § 604(h) and is a non-complying structure, as referenced in the Planning Department’s denial letter dated 12/14/10 and in its respondent brief dated 8/11/11. Project: replace billboard involuntarily removed without owner authorization; billboard to be replaced exactly in-kind; work is at exterior only; work is not associated with any commercial space; BPA No. 2010/10/28/3932.

ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Peterson absent) to deny the Rehearing Request.

SPEAKERS: Tito Torres, attorney for appellant; Dan Sider, PD.

PUBLIC COMMENT: None.

(6) APPEAL NO. 11-086

KATHERINE VIRANYI

& KHALED HEGAZY

dba “CAIRO NIGHTS”, Appellant(s)

vs.

DEPT. OF PUBLIC HEALTH, Respondent

829 Geary Street.

Appealing a thirty (30) day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 13, 2011. Reason(s) for suspension: smoking in an enclosed area of a tobacco shop without an approved exemption from the DPH.

DIRECTOR’S CASE NO. FD-11-33.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Peterson absent) to uphold the 30-day suspension based on the Health Code violations noted in the DPH order.

SPEAKERS: Katherine Viranyi, appellant; Terence Howzell, OCA; Janine Young, DPH.

PUBLIC COMMENT: Kathleen McNamara and Bob Gordon spoke in support of the Department of Public Health.

ADJOURNMENT.

There being no further business, President Goh adjourned the meeting at 7:45 p.m.