November 14, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, NOVEMBER 14, 2012

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

 

PRESENT:  President Chris Hwang, Vice President Frank Fung, 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); Janine Young, Senior Health Inspector, Environmental Health Section, Department of Public Health (DPH); Larry Kessler, Senior Environmental Health Specialist, DPH; John Kwong, Manager, Bureau of Street Use and Mapping, Department of Public Works (DPW); 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 Hwang announced that Commissioner Hurtado was delayed due to a work emergency and that she would be arriving late.

 

PUBLIC COMMENT: None.

 

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the November 7, 2012 minutes.

ACTION: Upon motion by Vice President Fung, the Board voted 3-0-1 (Commissioner Hurtado absent) to adopt the November 7, 2012 minutes with a correction to the vote count for Item #10.

 

PUBLIC COMMENT: None.

 

(4)    ADDENDUM ITEMS: 

(4a)  REHEARING REQUESTS:                                                

Subject property at 2705 Larkin Street.  Letter from Howard Ellman & Kimberly Huangfu,   attorneys for Carol Seligman and Jim Stafford, appellants, requesting rehearing of Appeal Nos. 12-090 / 091, decided Oct. 17, 2012.  At that time, the Board voted 4-0-1 (one vacancy) to uphold the subject permit on the basis that it is Code compliant.  Permit Holder: Peter Fenton.  Project: demolish rear wall; build new horizontal addition at rear while conforming to Residential Design Guidelines by stepping back in two directions; BPA No. 2010/12/27/7441S.

ACTION: Upon motion by Vice President Fung, the Board voted 3-0-1 (Commissioner Hurtado absent) to deny the rehearing requests.

 

SPEAKERS: Kimberly Huangfu, attorney for requestors; Patrick Buscovich, agent for requestors; Mary Murphy, attorney for permit holder; Allison Kidd, attorney for permit holder; Joseph Duffy, DBI; Scott Sanchez, ZA.

 

PUBLIC COMMENT: None.

 

 

(5)  APPEAL NO. 12-128

ANASTASIA GLIKSHTERN, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	70 Elk Street. Protesting the issuance on Sept. 28, 2012,   to Recreation & Parks Department, Permit to Alter a Building (to make ADA accessible: path of travel, restrooms, doors, drinking fountain; mechanical, electrical work to the site and restrooms and drinking fountain including concrete slab in restrooms; new landscape work to the site. APPLICATION NO. 2012/07/17/5064. FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to deny the appeal and uphold the permit on the basis that it is Code compliant.

 

SPEAKERS: Anastasia Glikshtern, appellant; Arnita Bowman, agent for appellant; Karen Mauney-Brodek, agent for permit holder; Dawn Kamalanathan, agent for permit holder; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Dolan Eargle, Carolyn Kernberger, Annamaria Manodori, Sophia Manodori, Miriam Moss, Toni Estrella, Stephen Luborskey, Eugene Bachmanov and Carolyn Johnston spoke in support of the appellant. Mike Gualco, Rose Katz, Craig Scott, Vince Adams, Sally Ross, Michael Rice, Nicholas Dewar, Linda Shaffer, Denise Louie, Bob Siegel, Ruth Gravanis and Betsy Eddy spoke in support of the permit holder.

 

 

(6)  APPEAL NO. 12-099

MOHAMMED HOURIAN dba “CAFÉ CHANTA”, Appellant(s)                         vs.   DEPT. OF PUBLIC HEALTH, Respondent	587 Post Street. Appealing the revocation on August 15, 2012, of Permit to Operate. DIRECTOR’S CASE NO. SMK12-07. FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Hurtado, the Board voted 4-0 to grant the appeal and overrule the revocation of the permit for the reasons stated at the hearing by the Department of Public Health.

 

SPEAKERS: Mohammed Hourian, appellant; Janine Young, DPH.

 

PUBLIC COMMENT: None.

 

 

(7)  APPEAL NO. 12-122

FRANCISCA HERCULES & SONIA PAZ dba “A-1 LIQUOR & GROCERY”, Appellant(s)                         vs.   DEPT. OF PUBLIC HEALTH, Respondent	4055 Irving Street. Appealing a twenty-five (25) day suspension of a Tobacco Product Sales Permit, imposed on Sept. 28, 2012.  Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. 09122012-01. FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Hurtado, the Board voted 3-1 (President Hwang dissented) to grant the appeal and reduce the suspension to ten days.

 

SPEAKERS: Francisca Hercules, appellant; Sonia Paz, appellant; Larry Kessler, DPH.

 

PUBLIC COMMENT: None.

 

 

(8)  APPEAL NO. 12-123

SCOTT ROSIEN, Appellant(s)                         vs.   DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent	3566 – 19th Street. Protesting the issuance on Oct. 03, 2012, to Ginny Colbert, Sidewalk Landscaping Permit. PERMIT NO. 769153. FOR HEARING TODAY.

 

Due to the cancellation of the subject permit at the request of the permit holder, this matter was administratively withdrawn and was not heard.

 

(9)  APPEAL NO. 12-126

2nd STREET MERCHANTS, Appellant(s)                         vs.   DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING,                                                    Respondent	150 California Street & 84 – 2nd Street. Protesting the issuance on Sept. 28, 2012, to Expresso Subito LLC, Mobile Food Facility Permit (sale of espresso drinks). PERMIT NO. 11MFF-0167. FOR HEARING TODAY.

 

ACTION: Upon motion by Commissioner Hurtado, the Board voted 2-2 (Vice President Fung and Commissioner Lazarus dissented) to deny the appeal and uphold the permit based on the Department of Public Works finding that the permit is not for the sale of like foods. Lacking the three votes needed to pass, the motion failed. With no further motion made, the permit is upheld by operation of law.

 

SPEAKERS: Jay Walsh, agent for appellant; Gary Goldstein, permit holder; Deborah Kartiganer, attorney for permit holder; John Kwong, DPW.

 

PUBLIC COMMENT: Jamie Patrick, Monesh Josan, Paul Ayanian, Karen Smith, Ken Cleaveland, Benjamin Miller and Patricia Vaughey spoke in support of the appellant. Trevor Arnold, Hilary Kronenberg, Marcus Mullins and Jeff Kilgore spoke in support of the permit holder.

 

 

(10)    SPECIAL ITEM: 

Discussion and possible adoption of the departmental annual report for fiscal year 2011-2012.

 

ACTION: Upon motion by President Hwang, the Board voted 4-0 to adopt the annual report as revised at hearing.

 

SPEAKERS: Director Goldstein provided an overview of the report.

 

PUBLIC COMMENT: None.

 

ADJOURNMENT.

There being no further business, President Hwang adjourned the meeting at 9:45 p.m.