January 11, 2012 | Board of Appeals

Board of Appeals - January 11, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, JANUARY 11, 2012

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); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); John Kwong, Department of Public Works Bureau of Street-Use & Mapping (DPW BSM); Carla Short, Department of Public Works Bureau of Urban Forestry (DPW BUF); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

(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 Goh announced that she is resigning from the Board effective January 19, 2012. Commissioner Hwang announced that she will be absent from the February 15, 2012 meeting.

PUBLIC COMMENT: None.

(3) ADOPTION OF MINUTES:

Discussion and possible adoption of the Dec. 14, 2011 minutes.

ACTION: Upon motion by President Goh, the Board voted 4-0 to adopt the December 14, 2011 minutes.

SPEAKERS: None.

PUBLIC COMMENT: None.

(4) SPECIAL ITEM:

Presentation by the Department on the Status of Women and the San Francisco Police Department on the City’s role in addressing human trafficking and the regulation of massage establishment permits.

SPEAKERS: Emily Murase, Nancy Kirshner Rodriguez and SFPD Sergeant Arlin Vanderbilt spoke to the Board about the City’s response to the problem of human trafficking and the role played by some massage parlors. They described San Francisco as a top destination for traffickers, how lucrative the practice is and what individuals and the City can do to respond when possible instances of trafficking is identified.

PUBLIC COMMENT: None.

(5) ADDENDUM ITEMS:

(5a) JURISDICTION REQUEST:

Subject property at 1753 Beach Street. Letter from Anthony Soldato, Attorney for Beth Weesner, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2011/03/18/2376, which was issued on Nov. 10, 2011. The appeal period ended on Nov. 28, 2011, and the jurisdiction request was received at the Board office on Dec. 06 2011. Permit Holder: Sanford Specter. Project: remodel/reconfigure kitchen, bath and laundry; add bath; remove portion of wall at hallway; remove partition at kitchen to dining; reconfigure bedroom closets; new furnace and water heater; new gas fireplace; new exterior stair to new roof deck; new lighting throughout; new windows (in-kind at front; reconfigure at rear and sides); replace/resize skylight.

ACTION: Upon motion by President Goh, the Board voted 4-0 to grant the request on the basis of (1) the long delay between when the permit was approved and when the permit holder picked up the permit from DBI; and (2) the fact that the requestor was out of town when the permit was issued.

SPEAKERS: Andrew Zacks, attorney for requestor; Brian Soriano, attorney for permit holder; Brian Shepard, agent for permit holder; Joseph Duffy, DBI.

PUBLIC COMMENT: None.

(5b) JURISDICTION REQUEST:

Subject property at 448 Diamond Street. Letter from Debra Reabock, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2010/07/13/6485”S”, which was issued on April 08, 2011. The appeal period ended on April 25, 2011, and the jurisdiction request was received at the Board office on Dec. 12, 2011. Permit Holder: Steve & Maura Abernethy. Project: construct three-story, single-family dwelling with 924sf of ground floor area.

ACTION: Upon motion by Vice President Garcia, the Board voted 4-0 to deny the request on the basis that there was no error on the part of the city.

SPEAKERS: Debra Reabock, requestor; Craig Nikitas, agent for permit holder; Maura Abernethy, permit holder; Scott Sanchez, ZA.

PUBLIC COMMENT: None.

ITEMS (6A), (6B), (6C), (6D), (6E), (6F), (6G), (6H) & (6I) SHALL BE HEARD TOGETHER:

(6A) APPEAL NO. 11-103

SHEILA MURPHY, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

Respondent

50 California Street, 625 – 2^nd Street, and 61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027

ALL NINE PUBLIC HEARINGS HELD ON DEC. 14, 2011; FOR FURTHER CONSIDERATION TODAY. Note: matters continued to allow time for permit holder to seek Certificate of Sanitation from DPH for the 625 - 2^nd Street location.

(6B) APPEAL NO. 11-104

ARISTO INVESTMENT

GROUP LP, UMBERTO GIBIN

dba “BARBACCO ENO TRATTORIA”

& “PERBACCO RISTORANTE”, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

Respondent

50 California Street, 625 – 2^nd Street, and 61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

(6C) APPEAL NO. 11-105

MICHELLE FUNKHOUSER, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

Respondent

50 California Street, 625 – 2^nd Street, and 61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

(6D) APPEAL NO. 11-106

MONESH JOSAN

dba “SUBWAY” & “7-ELEVEN”,

DAVID DAVARI dba “FOCACCIA MARKET BAKERY”, AND PAUL AYANIAN

dba “LE REGENCY DELI”, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

Respondent

50 California Street, 625 – 2^nd Street, and 61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

(6E) APPEAL NO. 11-107

JOHN ISAACS,

OSMAN ZUGHAYER dba “ZIGGY’S BURGERS”,

AND VAN BOWERSMITH & CHAU DANG

dba “LES CROISSANT”, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

Respondent

50 California Street, 625 – 2^nd Street, and 61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

(6F) APPEAL NO. 11-108

MUNA AZZGHAYER dba “OASIS GRILL”

& “DRUMM LIQUOR & DELI”, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

Respondent

50 California Street, 625 – 2^nd Street, and 61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

(6G) APPEAL NO. 11-109

ARSALAN NAJMABADI

dba “PORTICO RESTAURANT”, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

Respondent

50 California Street, 625 – 2^nd Street, and 61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

(6H) APPEAL NO. 11-111

HOWARD FISH

dba “SKYLINE CONSTRUCTION”, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

Respondent

50 California Street, 625 – 2^nd Street, and 61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

(6I) APPEAL NO. 11-112

CARLOS AGUILAR

dba “ORALE ORALE MEXICAN

RESTAURANT”, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

Respondent

50 California Street, 625 – 2^nd Street, and 61 Beale Street.

Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food).

PERMIT NO. 11MFF-0027.

SEE NOTE IN ITEM 6A.

ACTION: Upon motion by Vice President Garcia, the Board voted 4-0 to grant the appeal and modify the permit to eliminate the locations at 50 California Street and 61 Beale Street on the basis that Mobile Food Facilities at the locations being struck would not be in the best interest of the community, pursuant to San Francisco Business and Tax Regulations Code, Article 1, Section 26.

SPEAKERS: Tim Volkema, permit holder; John Kwong, DPW; David Cincotta, attorney for appellants for Appeal Nos. 11-106 & 11-109.

PUBLIC COMMENT: None.

(7) APPEAL NO. 11-132

SEB INVESTMENT GMBH, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET-USE & MAPPING,

Respondent

One Bush Street.

Protesting the issuance on Oct. 28, 2011, to Viet Duong Company Limited, Mobile Food Facility Permit (sale of Vietnamese sandwiches, spring rolls, bottled water and soda).

PERMIT NO. 11MFF-0033.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Garcia, the Board voted 4-0 to deny the appeal and uphold the permit on the basis that the concerns raised by the appellant were not sufficiently substantiated.

SPEAKERS: Lucy Moreno-Munn, agent for appellant; Tan Nguyen, agent for permit holder; Jack Duong, agent for permit holder; John Kwong, DPW.

PUBLIC COMMENT: Khanh Tran spoke in support of the appellant.

(8) APPEAL NO. 11-127

JAY MOSES, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

150 Oak Street.

Protesting the issuance on Oct. 27, 2011, to National Center for International Schools, Permit to Remove and Replace Three (3) Trees.

ORDER NO. 179,675.

FOR HEARING TODAY.

ACTION: Upon motion by Vice President Garcia, the Board voted 2-2 (President Goh and Commissioner Hwang dissented) to deny the appeal an uphold the permit on the basis of DPW Order #179,675. Lacking the three votes needed to pass, the motion failed. With no further motion made, the permit was upheld by operation of law.

SPEAKERS: Jay Moses, appellant; Daniel Klingebiel, agent for permit holder; Roy Leggitt, agent for permit holder; Carla Short, DPW.

PUBLIC COMMENT: Jacqui Naylor, David Weldy, Paul Guerette, Dierdre Scully, Jaime Raba, Paul Blake, Gregory Lyons and an anonymous speaker spoke in support of the appellant.

(9) APPEAL NO. 11-128

HELEN WATSON, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

1400-1402 Kansas Street.

Appealing the imposition of penalty on Oct. 26, 2011, for construction work done without a permit.

APPLICATION NO. 2011/10/26/7704.

FOR HEARING TODAY.

ACTION: Upon motion by President Goh, the Board voted 4-0 to reschedule the matter to January 18, 2012.

SPEAKERS: None.

PUBLIC COMMENT: None.

(10) APPEAL NO. 11-129

JOSE & MARTA POCASANGRE, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

178 Madrid Street.

Appealing the imposition of penalty on Nov. 09, 2011, for construction work done without a permit.

APPLICATION NO. 2011/09/09/4238.

FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Hwang, the Board voted 4-0 to grant the appeal and reduce the penalty to two times the penalty fee, on the basis that the illegal work was performed prior to the appellants’ ownership of the building.

SPEAKERS: Rommel Madriz, agent for appellant; Jose Pocasangre, appellant; Joseph Duffy, DBI.

PUBLIC COMMENT: None.

(11) APPEAL NO. 11-119

JORDAN KWAN, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

791-793 – 22^nd Avenue.

Protesting the issuance on Oct. 07, 2011, to Michael Cabarrubia, Permit to Alter a Building (two-story rear yard addition with roof deck; legalize space at 1^st floor; provide two bedrooms and bath; new bedroom and relocate bath at 2^nd floor).

APPLICATION NO. 2011/02/03/9574S.

PUBLIC HEARING HELD ON DEC. 07, 2011; FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for parties to confer on a resolution and revised plans.

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0 to grant the appeal and modify the permit to require that a three foot setback on the full length of the 2^nd floor extension be provided on the appellant’s side of the building.

SPEAKERS: Jordan Kwan, appellant; John Kwan, agent for appellant; Erin Cobarrubia, permit holder; Scott Sanchez, ZA.

PUBLIC COMMENT: None.

(12) APPEAL NO. 11-126

MOSQUITO LLC dba “TUPELO”, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

1337 Grant Avenue.

Appealing a Letter of Determination dated October 20, 2011, addressed to Entertainment Commission Director Jocelyn Kane, requesting that action be taken to remedy a conflict between a recently issued Place of Entertainment Permit at the subject property and prior Planning Commission actions related to this subject property.

FOR HEARING TODAY.

ACTION: Upon motion by President Goh, the Board voted 4-0 to reschedule the hearing to February 29, 2012.

SPEAKERS: None.

PUBLIC COMMENT: None.

ADJOURNMENT.

There being no further business, President Goh adjourned the meeting at 9:35 p.m.