September 12, 2012 | Board of Appeals

Board of Appeals - September 12, 2012

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, SEPTEMBER 12, 2012

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

PRESENT: President Chris Hwang, 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); Jarvis Murray, Municipal Transportation Authority Division of Taxis and Accessible Services (MTA DTAS); Scott Leon, MTA DTAS; Carla Short, Urban Forester, Department of Public Works Bureau of Urban Forestry (DPW BUF); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

ABSENT: Vice President Frank Fung.

(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 congratulated Commissioner Hurtado on her reappointment to the Board and expressed appreciation for her willingness to serve another term.

PUBLIC COMMENT: None.

(3) ADOPTION OF MINUTES:

Discussion and possible adoption of the August 22, 2012 minutes.

ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Vice President Fung absent) to adopt the August 22, 2012 minutes.

SPEAKERS: None.

PUBLIC COMMENT: None.

(4) ADDENDUM ITEMS:

(4a) REHEARING REQUEST:

Subject property at 2853-2857 Broderick Street. Letter from Kate Polevoi, agent for Pat Buscovich, appellant, requesting rehearing of Appeal No. 12-056, Buscovich vs. DBI, PDA, decided June 20, 2012. At that time, the Board voted 4-0-1 (one vacant seat) to deny the appeal and uphold the permit on the basis that the scope of work complies with the Planning and Building Codes. Permit Holder: Inger Conrad. Project: raise building 36”; build new garage and rooms down for future expansion; new curb cut; BPA No. 2011/03/25/2839S.

ACTION: Upon motion by Commissioner Hurtado, the Board voted 3-0-1 (Vice President Fung absent) to grant the rehearing request and schedule the rehearing for September 19, 2012.

SPEAKERS: John Kevlin, attorney for permit holder; Irving Zaretsky, agent for requestor.

PUBLIC COMMENT: None.

(4b) JURISDICTION REQUEST:

Subject property at 280 Union Street. Letter from John & Teresa Votruba, requestors, asking that the Board take jurisdiction over BPA No. 2010/09/08/0424, which was issued March 17, 2011; the appeal period ended on April 01, 2011, and the jurisdiction request was filed on August 08, 2012. Permit Holder: Bushra Khan. Project: comply with NOV No. 201031519; legalize existing ¾ hour fire rated windows with quick response type sprinkler head; close on the property line.

ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Vice President Fung absent) to deny the jurisdiction request on the basis that there was no error on the part of the City.

SPEAKERS: Teresa Votruba, requestor; Bushra Khan, permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.

PUBLIC COMMENT: None.

(4c) REHEARING REQUEST:

Subject property at Beach Chalet Athletic Fields / Golden Gate Park. Letter from Katherine Howard, agent for Golden Gate Park Preservation Alliance, appellant, requesting rehearing of Appeal No. 12-075, GGPPA vs. PC, decided Aug. 01, 2012. At that time, the Board voted 4-0-1 (President Chris Hwang absent) to deny the appeal and uphold the Coastal Zone Permit with factual findings and CEQA findings as read into the record. Permit Holder: Recreation & Park Department.

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

SPEAKERS: Katherine Howard, agent for requestor; Dan Mauer, agent for permit holder; Scott Sanchez, ZA.

PUBLIC COMMENT: John Sargent, Starchild and Jean Barish spoke in support of the requestor.

(5) APPEAL NO. 12-066

MICHAIL KIPNIS, Appellant(s)

vs.

MUNICIPAL TRANSPORTATION AGENCY

DIVISION OF TAXIS & ACCESIBLE SERVICES,

Respondent

Appealing the revocation on May 18, 2012, of taxi medallion no. 1094.

FOR HEARING TODAY.

ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Vice President Fung absent) to grant the appeal and overturn the department’s revocation of the medallion on the basis that there was insufficient evidence presented to warrant the revocation.

SPEAKERS: Heidi Machen, attorney for appellant; Boris Shamis, agent for appellant; Jarvis Murray, MTA DTAS; Scott Leon, MTA DTAS.

PUBLIC COMMENT: None.

(6) APPEAL NO. 12-087

MICHAEL BURKETT JR., Appellant(s)

vs.

DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent

114-124 Noe Street.

Protesting the issuance on July 12, 2012, to Dept. of Public Works, Permit to Remove and Replace One (1) Tree.

ORDER NO. 180,367.

FOR HEARING TODAY.

ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Vice President Fung absent) to deny the appeal and issue the permit for the reasons stated in the DPW Order.

SPEAKERS: Michael Burkett, Jr., appellant; Carla Short, DPW BUF.

PUBLIC COMMENT: Starchild spoke in support of the appellant.

(7) APPEAL NO. 12-070

LEON CHOW, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

4218 Mission Street.

Protesting the issuance on May 18, 2012, to Pickle/Besser Family Trust, Permit to Alter a Building (interior soft demo only on ground floor and basement; no exterior work per AB-017).

APPLICATION NO. 2012/05/14/0406.

FOR HEARING TODAY.

ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Vice President Fung absent) to deny the appeal and issue the permit on the basis that there was no supporting evidence introduced related to the permit on appeal.

SPEAKERS: Leon Chow, appellant; Joe Elford, attorney for permit holder; Joseph Duffy, DBI; Scott Sanchez, ZA.

PUBLIC COMMENT: Laurie Heath, David Li, Shu An Chen, Victoria Chow, Meijuan Chen, Lois Chan, Yi Wu, Susan, Xiu Yu, Lily Chung, Yan Lee Cheng, Yue Mei Ching, Mei Shu, Bao Zhen, Yensie Li, Elbert Chan, May Hu, Ling Xie, Yuet Ngor Lam Tam, Qu Van Kuang, Vivian Tom, Peggy, Huan Yu Li, Oiling Yu, Mei Xia Hung, Fanny Yu, Joann Chen, Helen Li, Jianzi Hung, Hazel Kong, Bi Wen Li, Toy Yin Lee, Qi Fung Liang, Jin Ru Xie, Mu Ping Gee, Cai Run Tan, Ai Ying Peng, Xiu Yu, Vivian Yang, Ellen Chan, Tina Zheng, Susan Ma, Oi Mui Wong, Liana Chen, Jin Yi Chen, Wanming Huang, Stephen Chow, Miao Li, Qina Zheng, Oi Kwan Su Chan, Lai Mee Chow, Xing Mei Chen, Cecily Kyi, Mi Ling Joe, Mei Wong, Xiu Ling Lin, Angel Cheung, Serena Yu and Lynn Chong spoke in support of the appellant.

Linnette Peralta Haynes, Anthony Steinberg, Robert Whitten, Mira Ingram, Jerred Kiloh, Wayne Kiloh, Sarah, Kimberly Alvarenga, Melody Gannen, David Hooper, Antonio Uriarte, Roy Lettiere, Erick Alparo, Brent Zimmiuch, Jonathan Batiste, Terrrie Frye, Adrienne Pavloff, Michael Aldrich, Michelle Aldrich, David Goldman, Kenneth Michael Koehn, Jennifer Kholer, Daniel Jaquez, Starchild, Brian Denny, Steven Ryder, Gerald Ikemoto, Jose Avalos, David Cano, Kevin Cano, McJullian Aujero, Anthony B., James Ramirez, Victor Hirina and Brian Hilbert spoke in support of the permit holder.

(8) 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 Commissioner Lazarus, the Board voted 3-0-1 (Vice President Fung absent) to continue this matter to October 24, 2012.

SPEAKERS: None.

PUBLIC COMMENT: None.

ADJOURNMENT.

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