December 5, 2012
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 05, 2012
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Chris Hwang, Vice President Frank Fung, Commissioner Darryl Honda, Commissioner Arcelia Hurtado 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); Carla Short, Urban Forester, Department of Public Works Bureau of Urban Forestry (DPW BUF); John Kwong, Manager, Department of Public Works Bureau of Street Use and Mapping, (DPW BSM); Cynthia Goldstein, Executive Director; Xiomara Velez, Legal Process Clerk.
(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: Mark Gruberg spoke about a Jurisdiction Request filed by United Taxicab Workers that was heard at prior Board meetings, about a City Attorney memorandum prepared for that item, and the time allotted to each side to present its case. He also spoke about the lack of records produced in response to a public records request he filed seeking documents related to any meetings held between representatives of the Board and the Municipal Transportation Agency. He also spoke about the lack of attention and understanding given to taxi drivers and their issues.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: President Hwang welcomed Commissioner Honda to the Board, described Commissioner Honda’s background and experience, and thanked him for his willingness to serve.
PUBLIC COMMENT: None.
(3) ADOPTION OF MINUTES:
Discussion and possible adoption of the November 14, 2012 minutes.
ACTION: Upon motion by President Hwang, the Board voted 5-0 to adopt the November 14, 2012 minutes.
PUBLIC COMMENT: None.
(4a) JURISDICTION REQUEST:
Subject property at 390-392 Corbett Avenue. Letter from Matthew Gluck, attorney for Philip deBuren & Lois Ehrenfeld, requestors, asking that the Board take jurisdiction over BPA No. 2012/03/29/7158, which was issued on April 06, 2012. The appeal period ended on April 23, 2012, and the jurisdiction request was filed at the Board office on Oct. 30, 2012. Permit Holder: Alana Kaselitz. Project: remove all plaster and drywall; rewire to Code; install new plumbing to Code; re-configure wall space to create large living rooms and bathrooms; new drywall doors and trim; comply with BID No. 201208661 dated March 28, 2012.
ACTION: Upon motion by President Hwang, the Board voted 5-0 to continue the matter to February 13, 2013 at the mutual request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4b) REHEARING REQUEST:
Subject property at 1195 Quesada Street. Letter from William Coggan, SFPD Permit Hearing Officer, requesting rehearing of Appeal No. 12-089, Johnson vs. SFPD, decided Nov. 07, 2012. At that time, the Board voted 3-1-1 (Commissioner Lazarus dissented, one vacancy) to grant the appeal, overrule the denial of Tow Car Operator Permit, and issue the permit on the basis that the appellant fully disclosed his conviction history at the time he applied for the permit and that there is no proof in the record of any conviction. Appellant: Henry Johnson.
ACTION: Upon motion by President Hwang, the Board voted 5-0 to continue the matter to January 9, 2013 with the agreement of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5) APPEAL NO. 12-129
PIERRE VIGNEAU, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
1901 Geary Blvd.
Protesting the issuance on October 03, 2012, to Recreation & Park Department, Permit to Remove Fourteen (14) Trees.
ORDER NO. 180717.
FOR HEARING TODAY.
ACTION: Upon motion by Commissioner Lazarus, the Board voted 5-0 to deny the appeal and uphold the permit on the basis stated in the Department of Public Works Order.
SPEAKERS: Pierre Vigneau, appellant; Dan Mauer, agent for permit holder; Carla Short, DPW BUF.
PUBLIC COMMENT: None.
(6) APPEAL NO. 12-085
CAMBON CONNOISSEUR
COOPERATIVE INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
33 Cambon Drive aka 61-85 Cambon Drive.
Appealing a Letter of Determination dated July 10, 2012, addressed to Matthew Girardi, regarding whether a Medical Cannabis Dispensary (MCD) use would be permitted at the subject property under the Planning Code.
FOR HEARING TODAY.
ACTION: Upon motion by Commissioner Hurtado, the Board voted 5-0 to deny the appeal and uphold the Letter of Determination for the reasons stated in the Zoning Administrator’s brief.
SPEAKERS: Matthew Girardi, attorney for appellant; Scott Sanchez, ZA.
PUBLIC COMMENT: None.
(7) APPEAL NO. 12-109
RICHARD WINER
& MARY MARZOTTO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
483 Guerrero Street.
Protesting the issuance on August 28, 2012, to Kamal Barbhuya, Permit to Alter a Building (add hood to approved coffee shop/limited restaurant; maximum 15 seats).
APPLICATION NO. 2012/05/24/1175.
FOR HEARING TODAY.
ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to continue the matter to March 6, 2013 to allow time for (1) the permit holder to work with the Planning Department and Department of Building Inspection to determine how the proposed plans should be revised in order to be Code compliant; and (2) for the Planning Department and Department of Building Inspection to conduct research to ensure that the proper permits are in place to document the change of use from an art gallery to a coffee shop. Additional briefing is allowed as specified at hearing.
SPEAKERS: Richard Winer, appellant; Andrew Zacks, attorney for appellant; Patrick Buscovich, agent for appellant; Augustine Fallay, agent for permit holder; Ahmad Larizadeh, agent for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.
PUBLIC COMMENT: Angela Lopez, David Lopez, Hana Metzger, Anna Slavin, Charles Cagnon, Denise Laws and Shirley Johnson spoke in support of the appellants.
ITEMS (8A) AND (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 12-124
COURTNEY UTT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
691 Post Street.
Protesting the issuance on October 04, 2012, to Hawthorne/Stone, Permit to Alter a Building (installation of gate between 691 Post and 642 Jones in front of alley per DPW Permit No. 12MSE-0111 and Fire Department).
APPLICATION NO. 2012/09/05/8969.
FOR HEARING TODAY.
(8B) APPEAL NO. 12-125
COURTNEY UTT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
642 Jones Street.
Protesting the issuance on October 02, 2012, to Elizabeth Apt. LLP, Permit to Alter a Building (installation of gate between 691 Post and 642 Jones in front of alley per DPW Permit No. 12MSE-0111 and Fire Department).
APPLICATION NO. 2012/09/05/8971.
FOR HEARING TODAY.
ACTION: Upon motion by Vice President Fung, the Board voted 5-0 to deny the appeals and uphold the permits on the basis that they are Code compliant.
SPEAKERS: Courtney Utt, appellant; Chuck Drees, agent for permit holder Hawthorne/Stone; Dennis Flynn, agent for permit holder Elizabeth Apt. LLP; Al Habegger, agent for permit holder Elizabeth Apt. LLP; Scott Haut, agent for permit holder Elizabeth Apt. LLP; Tracy Wu, agent for permit holder Elizabeth Apt. LLP; Joseph Duffy, DBI; John Kwong, DPW BSM.
PUBLIC COMMENT: Robert Cesana, Barbara Cesana and Lorae Lauritch spoke in support of the appellant. Linda Adler spoke in support of the permit holder.
ITEMS (9A) AND (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 12-127
PHILIP deBUREN
& LOIS EHRENFELD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
390-392 Corbett Avenue.
Protesting the issuance on September 27, 2012, to Alana Kaselitz, Permit to Alter a Building (replace burned stairs and landing; revision to BPA No. 2012/03/29/7158; comply with NOV No. 201208661 and complaint No. 201202882).
APPLICATION NO. 2012/09/27/0770.
FOR HEARING TODAY.
(9B) APPEAL NO. 12-134
PHILIP deBUREN
& LOIS EHRENFELD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
390-392 Corbett Avenue.
Protesting the issuance on October 17, 2012, to Alana Kaselitz, Permit to Alter a Building (removal of gable / pitch roof - fire damaged; install flat roof over same area; revision to BPA No. 2012/03/29/7158; comply with NOV Nos. 201208081 and 201208661).
APPLICATION NO. 2012/10/09/1615.
FOR HEARING TODAY.
ACTION: Upon motion by President Hwang, the Board voted 5-0 to continue these matters to February 13, 2013 at the mutual request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) APPEAL NO. 12-130
BAY VIEW OFFICE
FOR COMMUNITY PLANNING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
2065 Oakdale Avenue.
Protesting the issuance on October 11, 2012, to Jack Tsang, Permit to Alter a Building (remove deteriorated vacant warehouse building; existing main building to remain).
APPLICATION NO. 2012/10/09/1608.
FOR HEARING TODAY.
ACTION: Upon motion by Commissioner Hurtado, the Board voted 5-0 to continue the matter to January 9, 2013 with the agreement of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Hwang adjourned the meeting at 9:15 p.m.
