November 7, 2012
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 7, 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); Ed Reiskin, Director of Transportation, San Francisco Municipal Transportation Agency (SFMTA); Christiane Hayashi, Director of Taxis and Accessible Services, SFMTA; Robert Forneris, Permit Bureau, San Francisco Police Department (SFPD); William Coggan, SFPD; Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
(1) PUBLIC COMMENT:
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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. |
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SPEAKERS: Saam Aryan spoke about the Board’s jurisdiction and individuals who do not have the funds to hire legal representation.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the October 24, 2012 minutes. |
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ACTION: Upon motion by Commissioner Lazarus, the Board voted 4-0 to adopt the October 24, 2012 minutes.
PUBLIC COMMENT: None.
(4a) JURISDICTION REQUEST:
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SFMTA Resolution No. 12-115. Letter from Mark Gruberg, agent for United Taxicab Workers (UTW), requestor, asking that the Board invoke subject matter jurisdiction over SFMTA Resolution No. 12-115, adopted Sept. 04, 2012, which authorizes the issuance of 150-200 temporary full-time medallions for a limited period of time. Note: On Sept. 18, 2012, the UTW filed Appeal No. 12-113 against said Resolution No. 12-115, and this appeal was rejected for lack of subject matter jurisdiction by the Board office after consultation with the Office of the City Attorney. |
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ACTION: Upon motion by Commissioner Lazarus, the Board voted 2-2 (Vice President Fung and Commissioner Hurtado dissented) to deny the jurisdiction request. Lacking the three votes needed to pass, the motion failed. With no further motion made, the jurisdiction request was denied by operation of law.
SPEAKERS: Mark Gruberg, agent for requestor; Ed Reiskin, SFMTA; Christiane Hayashi, SFMTA.
PUBLIC COMMENT: Supervisor Scott Wiener spoke in support of the SFMTA. Tara Housman, Saam Aryan, Martin Kazinski, Brad Newsham, Benjamin Valis, Edwin Santiago, Stephen Humenay, Firouz Mahdavi, Christopher Fulkerson, Tariq Mehmood, Jerry Meehan, Barry Korengold, Iza Pardinas, Naeem Malik, Ed Healy, Peter Witt, Mohamed Bathai, Marvin Ramos and Rua Graffis and spoke in support of the requestor.
(4b) JURISDICTION REQUEST:
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Subject property at 483 Guerrero Street. Letter from Andrew Zacks, attorney for Richard Winer & Mary Marzotto, requestors, asking that the Board take jurisdiction over BPA No. 2012/03/06/5491, which was issued on March 13, 2012. The appeal period ended on March 28, 2012, and the jurisdiction request was filed at the Board office on Oct. 09, 2012. Permit Holder: Kamal Barbhuya. Project: remodel restroom to meet ADA code for coffee shop max. 15 seats; no food preparation; remodel service area counter and prep area. |
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ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to deny the jurisdiction request.
SPEAKERS: Andrew Zacks, attorney for requestors; Ahmad Larizadeh, agent for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
(5) APPEAL NO. 12-027
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INGE DHILLON, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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21 Rosemont Place. Protesting the issuance on February 15, 2012, to Jonathon Withrington, Permit to Alter a Building (clear complaint #2011755835 remove illegal unit in garage, convert area to workshop with ½ bath). APPLICATION NO. 2012/02/13/4029. PUBLIC HEARING HELD APRIL 18, 2012. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the appellant to search for alternate housing; additional briefing is allowed. |
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ACTION: Upon motion by President Hwang, the Board voted 4-0 to deny the appeal and uphold the permit.
SPEAKERS: None. The parties did not appear.
PUBLIC COMMENT: None.
(6) APPEAL NO. 12-089
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HENRY JOHNSON, Appellant(s) vs.
POLICE DEPARTMENT, Respondent
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1195 Quesada Street. Appealing the denial on July 23, 2012, of Tow Car Operator Permit (P43). PUBLIC HEARING HELD SEPT. 19, 2012. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for SFPD to clarify its departmental action; additional briefing is allowed. |
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ACTION: Upon motion by Vice President Fung, the Board voted 3-1 (Commissioner Lazarus dissented) to grant the appeal, overrule the department 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.
SPEAKERS: Henry Johnson, appellant; William Coggan, SFPD.
PUBLIC COMMENT: None.
(7) APPEAL NO. 12-103
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PAUL IANTORNO, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1123 Folsom Street. Appealing the imposition of penalty on August 09, 2012, for construction work done without a permit. APPLICATION NO. 2012/04/12/8157. |
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ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to grant the appeal and reduce the penalty to two times the regular fee.
SPEAKERS: Paul Iantorno, appellant; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
(8) APPEAL NO. 12-116
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KEVIN CHENG & TODD MAVIS, Appellant(s) vs.
ZONING ADMINISTRATOR, Respondent
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1101-1103, 1105 & 1111 Dolores Street. Appealing a Revised Letter of Determination dated Sept. 11, 2012, addressed to Lawrence Badiner at Urban Planner, that the subject lot is considered to be a legal, non-conforming lot for the purposes of the Planning Code, and that no variances are required in order to address areas of non-compliance. FOR HEARING TODAY. |
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ACTION: Upon motion by President Hwang, the Board voted 2-1-1 (Vice President Fung dissented, Commissioner Hurtado absent) to deny the appeal and uphold the Revised Letter of Determination on the basis that there was no error or abuse of discretion on the part of the Zoning Administrator. Lacking the three votes needed to pass, the motion failed. With no further motion made, the Revised Letter of Determination was upheld by operation of law.
SPEAKERS: Todd Mavis, appellant; Bob Passmore, agent for appellant; Scott Sanchez, ZA.
PUBLIC COMMENT: None.
(9) APPEAL NO. 12-117
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NICHOLAS ANDRADE & JAMES McDERMOTT, Appellant(s) vs.
ZONING ADMINISTRATOR, Respondent
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498 Hoffman Avenue. Appealing a Letter of Determination dated Sept. 17, 2012, addressed to Allen Sowle, regarding the legal dwelling unit count for the subject property. FOR HEARING TODAY. |
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ACTION: Upon motion by President Hwang, the Board voted 2-1-1 (Vice President Fung dissented, Commissioner Hurtado absent) to deny the appeal and uphold the Letter of Determination on the basis that there was no error or abuse of discretion on the part of the Zoning Administrator. Lacking the three votes needed to pass, the motion failed. With no further motion made, the Letter of Determination was upheld by operation of law.
SPEAKERS: Allen Sowle, attorney for appellants; Scott Sanchez, ZA; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
(10) APPEAL NO. 12-097
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LORI LEWIS, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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4077-4079 – 23rd Street. Protesting the issuance on August 09, 2012, to Erin Bailey, Permit to Alter a Building (front building – install non-fixed screen in front, no roof, not attached to building; no building permit required). APPLICATION NO. 2012/08/02/6385. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Fung, the Board voted 3-0-1 (Commissioner Hurtado absent) to continue the matter to January 16, 2013 to allow time for the permit holder to cancel the permit.
SPEAKERS: None. The parties did not appear.
PUBLIC COMMENT: None.
ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 12-114
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KRISTA LOTTO & UBALDO RODRIGUEZ, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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2374 Greenwich Street. Protesting the issuance on Sept. 13, 2012, to Sam Hunt, Permit to Alter a Building (new deck at rear yard; 10 feet above grade; 42” high guardrail; setback 5’-0” from side property lines and 25’-0” from rear yard). APPLICATION NO. 2012/09/11/9395. FOR HEARING TODAY. |
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(11B) APPEAL NO. 12-115
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JOSEPH GIRAUDO, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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2374 Greenwich Street. Protesting the issuance on Sept. 13, 2012, to Sam Hunt, Permit to Alter a Building (new deck at rear yard; 10 feet above grade; 42” high guardrail; setback 5’-0” from side property lines and 25’-0” from rear yard). APPLICATION NO. 2012/09/11/9395. FOR HEARING TODAY. |
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Due to the cancellation of the subject permit at the request of the permit holder, these matters were administratively withdrawn and were not heard.
ADJOURNMENT.
There being no further business, President Hwang adjourned the meeting at 9:30 p.m.
