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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 11, 2009
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Tanya Peterson, Commissioner Michael Garcia, Commissioner Kendall Goh, Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Dr. Johnson Ojo, Principal Inspector, Department of Public Health (DPH); Olson Lee, Redevelopment Agency (RA); Heidi Gewertz, (RA); Erin Carson, (RA); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.
(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: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the February 4, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to adopt the February 4, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS: None.
(5) APPEAL NO. 08-184
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HAKIM HAIDARIAN
& DONNIE BAKER, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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626 Kearny Street.
Appealing a fifteen (15) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Dec. 10, 2008. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-08-155.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to uphold the DPH on the condition that the suspension be reduced to seven (7) days. Motion failed due to lack of four votes; 15-day suspension upheld.
SPEAKERS: Dr. Johnson Ojo, DPH; Hakim Haidarian, co-appellant; Donnie Baker, co-appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 08-185
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JAWDAT ZEIDAN
dba “MICHAEL’S WINE & SPIRITS”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2198 Union Street.
Appealing a fifteen (15) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Dec. 10, 2008. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-08-158.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 4 – 1 (Commissioner Mandelman dissented) to uphold the DPH on the condition that suspension be reduced to 12-days.
SPEAKERS: Dr. Johnson Ojo, DPH; Jawdat Zeidan, appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-183
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SCOTT KEELING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
REDEVELOPMENT AGENCY APPROVAL
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365 Fulton Street.
Protesting the issuance on Dec. 1, 2008, to Mercy Housing, Permit to Erect a Building (five-story, 120 unit residential/retail building with 13,286sf of ground floor area).
APPLICATION NO. 2008/07/11/6520S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to uphold the permit on the condition that a good neighbor plan be adopted regarding neighborhood communication and maintenance, with adoption of findings at a later time.
SPEAKERS: Donna Benedetti, agent for appellant; Jay Trienen, agent for appellant, Olson Lee, RA; Heidi Gewertz, RA; Steven Vettel, attorney for permit holder; Jeff Kositsky, agent for permit holder; David Schnur, agent for permit holder; Tina Tam, PD; Erin Carson, RA; Laurence Kornfield, DBI.
PUBLIC COMMENT: The following people spoke in favor of the appellant: Lawrence Klein, Rita Howe, Susan Belmont, Tracy Griffin, Debra Wilkinson, Marisa Binder, and Temple Tze. The following people spoke in favor of the permit holder: Mark Anthony, Barbara Meskunas, Marcelee Watkins, Grant Phillips, Chris Schulman, Liana Villasenor, Mama Tracy St. Cyr, Stefan Hastrap, Rev. Arnold Townsend, Rev. Reynaldo Woods, and Frances Neagley.
(8) APPEAL NO. 08-054
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ROBERT PENN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1307 Hayes Street.
Appealing a Letter of Determination dated April 2, 2008, regarding the current zoning for the subject property.
PUBLIC HEARING HELD & CLOSED ON AUG. 13, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to submit additional information pursuant to the Board’s comments.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue the matter to March 11, 2009, with Board staff to contact the appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-168
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JAMES F. WHITE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner: DAVID McCLOSKEY
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109 Alpine Terrace.
Protesting a Letter of Determination dated Oct. 23, 2008, regarding the applicability of height provisions of the Planning Code to the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 1 (Commissioner Mandelman dissented) to uphold the Letter of Determination.
SPEAKERS: Lois Kelley, agent for appellant; David McCloskey, subject property owner; Brett Gladstone, attorney for subject property owner; Craig Nikitas, PD; Suheil Shatara, agent for subject property owner.
PUBLIC COMMENT: Thomas Korte, Scott Schultz, and Brian McCaffrey spoke in favor of the appellant; Peter Lynch spoke in favor of the subject property owner.
(10) APPEAL NO. 08-177
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STAN BRADBURY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1673 Haight Street.
Appealing a Letter of Determination dated Nov. 12, 2008, regarding the disapproval of BPA No. 2008/08/13/9105 for the establishment of a new wine-tasting room within an existing retail chocolate shop at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 5 – 0 to overrule the Letter of Determination with adoption of findings at a later time.
SPEAKERS: Jeremy Paul, agent for appellant; Tina Tam, PD.
PUBLIC COMMENT: The following people spoke in favor of the appellant: Ted Lowenberg, Philip Bellber, Heather Kroupa, John Litster, Jason Best, and Joe O’Donoghue.
(11) APPEAL NO. 08-182
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XIAO LIANG HAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
§ 14 Party: JIMMY K. CHAN
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1671 – 11th Avenue.
Appealing the denial on Dec. 11, 2008, of Permit to Alter a Building (third floor vertical addition).
APPLICATION NO. 2006/03/24/7492.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to overrule the denial, adopt the Planning Commission’s discretionary review (DR) decision with the following change: (a) that a half-bath be allowed on the ground floor; and with adoption of the DR Action memo as findings.
SPEAKERS: Xiao Liang Han, appellant; Jimmy K. Chan, § 14 Party, Laurence Kornfield, DBI.
PUBLIC COMMENT: Rose Tsai, Yasmen Mehta, Joe O’Donoghue, and Hiroshi Fukuda spoke in favor of the PD.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 10:33 p.m.
