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Board continues contested 483 Guerrero restaurant hood appeal to March after DBI flags safety issues
Summary
Neighbors and appellants said a Type 1 hood and duct at 483 Guerrero Street intrude into a residential light well and violate housing and fire-safety codes; the Board continued the appeal to March 6, 2013, and instructed parties to exchange limited briefs and revised permit plans for review.
Neighbors appealed a permit authorizing a Type 1 commercial hood and associated ductwork at 483 Guerrero Street, arguing the installation intrudes into a residential light well, blocks required light and ventilation, and omitted required fire-department review and dampers. Appellants'counsel Andrew Zacks and tenants described housing-code violations and a Housing Inspection Division notice of violation; former-fire-captain testimony (submitted) and testimony from a consultant raised concerns about penetrations of fire-rated walls, lack of required dampers and the duct's proximity to windows.
Senior Building Inspector Joe Duffy said a correction notice was issued after a recent site visit; he told the Board that the installed hood and duct did not match approved plans, that the duct appears to block required light and ventilation to habitable rooms and may block egress in some bedrooms, and that the permit had not been routed to the Fire Department for required review. Duffy said the problems are likely correctable but require a mechanical engineer and revised plans showing the hood and duct relative to windows, light wells, rated walls, elevations and property lines.
The permit holder's representative said some plan inaccuracies could be addressed and asked the Board to allow a resubmittal rather than revocation. Planning Department and Building Inspection staff described the recent legislative change reclassifying some coffee shops as limited restaurants (effective May 23, 2012) and explained that change affects notification and use but does not excuse necessary building and fire reviews.
After hearing extensive testimony from tenants and technical staff, several commissioners said they were concerned about possible life-safety defects and the lack of coordinated agency review. The Board voted to continue the matter to March 6, 2013, to allow the permit holder to submit revised plans (5-page limit for submittals) and for departments to review and provide comments; the Board specified deadlines for exchange of materials (permit-holder two weeks prior to the hearing, appellant one week prior) and asked that departments confirm review and identify outstanding issues during the continuance.
Next steps: permit holder to submit revised plans and documentation; DBI, Fire Department and Planning to review and report before the March 6 hearing.
