October 24, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, OCTOBER 24, 2012

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

 

 

PRESENT:  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); Christiane Hayashi, Director of Taxis and Accessible Services, San Francisco Municipal Transportation Agency (SFMTA);Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

 

ABSENT: President Chris Hwang

 

(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: Zoning Administrator Scott Sanchez announced that Planning Department staff member Linda Avery is retiring after 35 years of service to the City and 22 years serving as the Executive Secretary to the Planning Commission. He expressed his appreciation for her calming and consistent presence at the Planning Commission and wished her well in her retirement.

 

 

(2)    COMMISSIONER COMMENTS & QUESTIONS: 

 

SPEAKERS: None.

 

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the October 17, 2012 minutes.

ACTION: Upon motion by Commissioner Lazarus, the Board voted 3-0-1 (President Hwang absent) to adopt the October 17, 2012 minutes.

 

PUBLIC COMMENT: None.

 

(4a)  JURISDICTION REQUEST:                                                

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.

ACTION: Upon motion by Vice President Fung, the Board voted 3-0-1 (President Hwang absent) to continue the item to November 7, 2012 to allow President Hwang to participate in the final vote. No additional briefing or arguments are allowed.

 

SPEAKERS: Mark Gruberg, agent for requestor; Christiane Hayashi, SFMTA.

 

PUBLIC COMMENT: Brad Newsham, Tara Housman, Saam Aryan, Tariq Mehmood, Martin Kazinski, Christopher Fulkerson, Abdullah Khamleh, Bill Mouhsey, Peter Witt, Nazeer Sadiq, Anwar Faquirfain, Jerry Meehan, Barry Korengold, Rua Graffis and Iza Pardinas spoke in support of the requestor.

 

 

(5)  APPEAL NO. 12-041

SUCCESS DEVELOPMENT INC., Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent	651-655 Geary Street. Appealing a Letter of Determination dated March 09, 2012, addressed to Anne Epperly at Luce Forward LLP, regarding the validity of a Conditional Use Authorization to demolish the existing building and construct a 13-story mixed use building at the subject property. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Lazarus, the Board voted 3-0-1 (President Hwang absent) to continue the item to January 9, 2013 at the request of the parties.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

(6)  APPEAL NO. 12-092

METROPOL ENTERTAINMENT CORPORATION, Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent   Subject Property Owner: GAYLORD HOTEL LLC	620 Jones Street. Appealing a Notice of Violation & Penalty dated August 02, 2012, regarding              non-compliance by the Jones Restaurant & Bar with the conditions of approval under Conditional Use Motion No. 17565, specifically Condition No. 8 related to the hours of operation for the outdoor area. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Lazarus, the Board voted 3-0-1 (President Hwang absent) to continue the item to the Call of the Chair to allow the appellant time to pursue a modification to the subject Conditional Use Authorization.

 

SPEAKERS: Peter Glikshtern, agent for appellant; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Courtney Utt, Keith Ensign and Barbara Cesana spoke in support of the Zoning Administrator.

 

(7)  APPEAL NO. 12-085

CAMBON CONNOISEUR 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 Vice President Fung, the Board voted 3-0-1 (President Hwang absent) to continue the item to December 5, 2012 at the request of the appellant.

 

SPEAKERS: Matthew Girardi, attorney for appellant.

 

PUBLIC COMMENT: None.

 

ITEMS 8A) AND (8B) SHALL BE HEARD TOGETHER:

(8A)  APPEAL NO. 12-110

DAVID NALE, Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent	124-128 Fillmore Street. Appealing a Letter of Determination dated August 28, 2012, regarding a request to extend the expiration date of Variance Decision No. 2005.0228V. FOR HEARING TODAY.

 

(8B)  APPEAL NO. 12-112

DEBORAH STOTT, Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent	124-128 Fillmore Street. Protesting a Letter of Determination dated August 28, 2012, addressed to David Nale, regarding a request to extend the expiration date of Variance Decision No. 2005.0228V. FOR HEARING TODAY.

ACTION: Upon motion by Vice President Fung, the Board voted 3-0-1 (President Hwang absent) to deny the appeals and uphold the Letter of Determination on the basis that the Zoning Administrator has already made significant accommodations to the property owner.

 

SPEAKERS: Deborah Stott, appellant; David Nale, appellant/determination holder; Brett Gladstone, attorney for David Nale; Julia Campins, attorney for David Nale; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Philip Sarris, Lucretia Rauh, Steve Lowinger and Kathleen Stroughter spoke in support of appellant Deborah Stott. Ellen Swain spoke in support of appellant/determination holder David Nale.

 

(9)  APPEAL NO. 12-111

SHANNON GALLAGHER, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	2101 Washington Street. Protesting the issuance on August 27, 2012, to Recreation & Park Department, Permit to Erect a Building (single-story storage building with 520sf of ground floor area). APPLICATION NO. 2012/01/03/1610. FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Hurtado, the Board voted 3-0-1 (President Hwang absent) to deny the appeal and uphold the permit for the reasons stated in the brief submitted by the permit holder.

 

SPEAKERS: Shannon Gallagher, appellant; Mary Hobson, agent for permit holder; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Cathy Siler, Taras Titarenko and Patricia Lovelock spoke in support of the appellant. Gerson Bernhard spoke in support of the permit holder.

 

ADJOURNMENT.

There being no further business, Vice President Fung adjourned the meeting at 9:30 p.m.

 

 

This summary statement is provided by the speaker. Its content is neither generated by, nor subject to approval or verification of accuracy by, the San Francisco Board of Appeals.

 

Comments submitted under Item 4a:

 

From Peter Witt

 

MTA and TAXIS are in natural conflict….

 

We BOTH target low-end….> Local and Visitor – Transportation Markets.

But BETTER TAXI SERVICE to MTA is only one thing……….MORE CABS !!!!

 

MTA’s not about – Mandated Dispatch Standers,

“                          ” – Taxi Flow, Efficiency or Capacity.

“                          “ – Retaining Quality Drivers,

“                          “ – Ridership Satisfaction

“                          “ – Less Congestion.

 

And why should they ……. You can’t make BUCKS….. in the “short-run” …BY increasing “service”.

 

As for …. The Methods of Tracking and Monitoring the Mandated Dispatch Required. NO OFFICIAL RECORDS are current or consistent….. thus unstable.

 

MTA’s Panic attack is monetarily and politically motivated.

Manipulating …..Hearsay Antidote and using skewed DATA.

WITHOUT the  -- PC&N study,

                             -- PC&N HEARING

                              -- Controllers report.

 

It’s a manifest injustice.

 

A check and balanced system does not exist. And there is no alternative!

The heart of this case

 

Is BALANCE and that’s in the interest of the public.

 

Is this America?? Are you not Americans??