City and County of San FranciscoBoard of Appeals

August 15, 2012

Board of Appeals - August 15, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, AUGUST 15, 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); 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; Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

 

Commissioner Arcelia Hurtado was absent.

 

(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 acknowledged Vice President Fung’s reappointment to another four year term on the Board and expressed her appreciation for his service. Commissioner Lazarus congratulated Vice President Fung on his reappointment and stated that she looks forward to serving with him on the Board. Vice President Fung thanked his colleagues for their comments. He also announced that he will be absent for the September 12, 2012 meeting.

 

PUBLIC COMMENT: None.

 

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the August 1, 2012 minutes.

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

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(4)    ADDENDUM ITEMS: 

 

(4a)  REHEARING REQUEST:                                                

Subject property at 69 Montezuma Street.  Appeal No. 11-012, Buscovich vs. DBI, PDD, decided July 11, 2012.  At that time, the Board voted 4-0 (one vacancy) to deny the appeal and uphold the denial of the permit on the basis of Planning Code §150.  Project: existing large gate to be removed and replaced with fence and gate combination; comply with NOV Nos. 201033584 and 201036174; APPLICATION NO. 2011/01/25/8939.

ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Commissioner Hurtado absent) to continue the matter to October 10, 2012 at the request of the parties to allow more time for settlement discussions.

 SPEAKERS: Andrew Zacks, attorney for appellant; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Elizabeth Cretara spoke in support of the continuance.

 

 

(4b)  REHEARING REQUEST:                                                

Subject property at 400 Howard Street and 60 Spear Street.  Appeal No. 12-065,           Rincon Center Restaurant Group vs. DPW BSM, decided July 11, 2012.  At that time, the Board voted 3-1 (one vacancy) to deny the appeal and uphold the permit on the basis stated in the            DPW Order.  Permit Holder: Slider Shack LLC.  Permit Type: Mobile Food Facility Permit (sale of sliders, tater tots and beverages); PERMIT NO. 11MFF-0182.

ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Commissioner Hurtado absent) to deny the rehearing request based on a lack of new evidence.

 SPEAKERS: Michael Shawwa, agent for appellant; John Cade, agent for permit holder; John Kwong, DPW BSM.

 

PUBLIC COMMENT: None.

 

 



(5)  APPEAL NO. 12-068

COURTNEY UTT, Appellant(s)

                     vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

                                                        Respondent

 

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

PUBLIC HEARING HELD JULY 25, 2012; FOR FURTHER CONSIDERATION TODAY.  Note: matter continued to allow time for DBI to conduct a review of accessibility and exiting issues.

ACTION: Upon motion by Vice President Fung, the Board voted 3-0-1 (Commissioner Hurtado absent) to grant the appeal and issue the permit on the condition that (1) all necessary building permits for the installation of the gate be obtained; (2) keys to the gate be provided to all units in 642 Jones Street and 691 Post within one week of the issuance of the Board’s Notice of Decision; and (3) the gate shall remain open every day from 7:30 a.m. to 6:00 p.m. until the building permits for the gate have been deemed final by DBI.

 SPEAKERS: Courtney Utt, appellant; Dennis Flynn, agent for permit holder; Joseph Duffy, DBI; John Kwong, DPW BSM.

 

PUBLIC COMMENT: Robert Cesana, Lorae Lauritch and Barbara Cesana spoke in support of the appellant.

 

 

(6)  APPEAL NO. 11-095

 

PAT BUSCOVICH, Appellant(s)

                     vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

40-50 Lansing Street.

Protesting the issuance August 24, 2011, to Lambert Development Lansing LLC, Permit to Alter a Building (demolish and remove  existing wood form work/shoring at north end of building, adjacent to 15 Guy Place; in order to comply with NOV Nos. 200926808 and 201190414).

APPLICATION NO. 2011/08/24/3104.

PUBLIC HEARING HELD NOV. 16, 2011; FOR FURTHER CONSIDERATION TODAY.  Note: matter continued to allow time for DBI to conduct a site visit.

ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Commissioner Hurtado absent) to continue the matter to October 10, 2012 due to the absence of the parties’ representatives.

 SPEAKERS: Andrew Zacks, attorney for appellant; no one appeared on behalf of the permit holder.

 

PUBLIC COMMENT: None.

 

 

(7)  APPEAL NO. 12-077

SYLVIA SALVADOR, Appellant(s)

                     vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

2 Cielito Drive.

Appealing the imposition of penalty on      June 15, 2012, for construction work done without a permit.

APPLICATION NO. 2012/06/13/2547.

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 based on the fact that the appellant did not perform the unpermitted work.

 SPEAKERS: Sylvia Salvador, appellant; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

 

 (8)  APPEAL NO. 12-078

BRUCE & ELIZABETH ERICSON, Appellant(s)

                     vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

2680 Green Street.

Protesting the issuance on May 31, 2012, to Green Broderick LLC, Permit to Alter a Building (interior remodel at all levels, partial light well infill on west side, and seismic upgrade; includes 3 new bathrooms, new wine cellar, laundry room, new elevator, roof deck, projected balcony at rear, garden room at 1st floor, new stucco finish, and new windows, parapet and skylights).

APPLICATION NO. 2012/02/14/4178.

FOR HEARING TODAY.

ACTION: The matter was withdrawn at the hearing.

 SPEAKERS: Lucian Blazej, agent for appellant.

 

PUBLIC COMMENT: None.

 

 



(9)  APPEAL NO. 12-079

TERRY MEEHAN

& JUDITH WINCHEL, Appellant(s)

                     vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

1607 – 47th Avenue.

Protesting the issuance on June 06, 2012, to Peter Fealy Family Trust, Permit to Alter a Building (comply with NOV Nos. 9700221 and 201291473; revert to single family dwelling; remove illegal kitchen, relocate bath, and legalize bedroom and sitting area; provide one required parking space in garage).

APPLICATION NO. 2012/05/10/0192.

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 on the basis that there is a pending abatement proceeding at DBI for the removal of the illegal unit.

 SPEAKERS: Eunice Chang, attorney for appellants; Steven MacDonald, attorney for permit holder; Joseph Duffy, DBI; Scott Sanchez, ZA.

 

PUBLIC COMMENT: None.

 

 

ADJOURNMENT.

There being no further business, President Hwang adjourned the meeting at 7:15 p.m.