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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 10, 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, and Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director and Chief Building Inspector, Department of Building Inspection (DBI); Tara Sullivan, Planner, Planning Department (PD); Dr. Johnson Ojo, Principal Inspector, Department of Public Health (DPH); Carla Short, Urban Forester, Department of Public Works Bureau of Urban Forestry (DPW BUF); 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) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the June 3, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the June 3, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) MOTION TO REHEAR AND POSSIBLE REHEARING TO CLARIFY DETERMINATION:
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Subject property at 101 Frederick Street. At the Request of the Board President, Motion to Rehear and possible Rehearing, of Appeal No. 09-033, Nardone, et al., v. DBI, for the sole purpose of correcting and clarifying the Board's action on June 3, 2009. On June 3, 2009, the Board heard an appeal of a permit by three tenants. The Board voted 5-0 to uphold the permit on the condition that (a) items 1 and 2 of the scope of work be stricken from the permit; (b) the shower pans identified in item 3 be replaced only if upon testing it is deemed required; and (c) permit holder provide the termite reports referenced at hearing to the appellants. The Board did not address or make any findings concerning whether items 1 and 2 of the scope of work authorized under the permit would be allowed for vacant unit(s) at the property.
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ACTION: Upon motion by President Fung, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to rehear the matter (at the Board’s request). With four (4) votes required, the motion to rehear is denied, and the Board’s motion of June 3, 2009 is upheld. The parties’ Rehearing request period begins as of June 10, 2009.
SPEAKERS: Paul Wick, agent for appellants; Raquel Fox, attorney for appellants; Joyce Nardone, appellant; Lynn Morgan, appellant; Thomas Mitchell, permit holder.
PUBLIC COMMENT: None.
(5) APPEAL NO. 09-027
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IBRAHIM ALHAJ
dba “CHURCH STREET MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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301A Church Street.
Appealing a thirty (30) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 11, 2009. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-09-025.
PUBLIC HEARING HELD AND CLOSED ON MAY 13, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to submit additional information pursuant to the Board’s comments.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 5 – 0 to uphold the suspension on the condition that said suspension be reduced to twenty-five (25) days.
SPEAKERS: Dr. Johnson Ojo, DPH.
PUBLIC COMMENT: None.
(5a) CLOSED SESSION (anticipated to last no more than 10 minutes):
IBRAHIM ALHAJ dba “CHURCH STREET MARKET” vs. DEPT. OF PUBLIC HEALTH
Open Session:
Public Comment (on all matters pertaining to the closed session item)
- i) Vote on whether to hold closed session pursuant to due process requirements of state and federal law.
- ii) Closed Session to review confidential identification card and confidential photographs and evidence pertaining to the undercover minor decoy used in this matter.
- Reconvene in Open Session:
iii) Vote whether to disclose any or all discussions held in closed session (SF Admin. Code 67.12(a)).
iv) No action will be taken during closed session.
This item was not called.
(6) APPEAL NO. 09-035
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MOUNT ZION BAPTIST CHURCH, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1321 Oak Street.
Appealing the denial on April 6, 2009, of Tree Removal Permit.
ORDER NO. 177,942.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 3 – 2 (President Fung and Vice President Peterson dissented) to uphold the denial.
SPEAKERS: Carla Short, DPW BUF; Rev. Edwin Watkins, agent for appellant; Tara Sullivan, PD.
PUBLIC COMMENT: None.
ITEMS (7A) AND (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 08-173
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HILDA FALKENSTEIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2244A Mason Street.
Protesting the issuance on Nov. 6, 2008, to Transition LLC, Permit to Alter a Building (kitchen and bath remodel; add new closets; install new kitchen appliances; new lights; all work in unit 2244A; remove windows over existing sink).
APPLICATION NO. 2008/09/24/2527.
PUBLIC HEARING HELD AND CLOSED ON JAN. 21, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to conduct settlement negotiations.
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(7B) APPEAL NO. 08-174
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CASSI WRIGHT,
REBECCA CHENG
& ELIZABETH ERNST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2244 Mason Street.
Protesting the issuance on Nov. 6, 2008, to Transition LLC, Permit to Alter a Building (kitchen and bath remodel; add new closets; install new kitchen appliances; install new light and outlets at kitchen, bathroom /living room area; relocate bathroom fixtures; reconfigure layout; convert kitchen/dining room into kitchen/living room; relocate bedroom to front).
APPLICATION NO. 2008/09/19/2166.
PUBLIC HEARING HELD AND CLOSED ON JAN. 21, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to conduct settlement negotiations.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the permits on the condition that no work shall be commenced under either permit unless and until all of the appellants have given up possession of their apartments at the subject properties.
SPEAKERS: Stephen Collier, attorney for appellants; Blake Mattos, agent for permit holder; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(8) APPEAL NO. 09-025
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GLASS PROPERTIES LP, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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256 Laguna Honda Blvd.
Appealing a Notice of Violation dated Feb. 12, 2009, regarding allegations of illegal commercial activities occurring at the subject property, in violation of Planning Code §§ 186, 204.1 and 209.1.
PUBLIC HEARING HELD AND CLOSED ON May 6, 2009. 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 recuse Commissioner Garcia. Afterwards, upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Garcia recused) to overrule the Notice of Violation on the condition that ongoing sound mitigation measures be continued, that the telephone numbers of security personnel and event operators be given to the neighbors, that events end by 11 p.m., and that all patrons leave the premises by 11:30 p.m., and with the adoption of findings at a later time.
SPEAKERS: Stephen Williams, attorney for appellant; Tara Sullivan, PD; Zapora Glass, appellant.
PUBLIC COMMENT: The following people spoke in favor of the Planning Dept.: Marcus Wong, Jon Stedman and Jamie Wong.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 8:05 p.m.
