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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 9, 2009
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Commissioner Michael Garcia, Commissioner Kendall Goh, and Commissioner Rafael Mandelman.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Carla Short, Urban Forester, Department of Public Works, Bureau of Urban Forestry (DPW); Larry Kessler, Senior Environmental Health Specialist, Department of Public Health (DPH); Dr. Johnson Ojo, Principal Inspector, DPH; Terence Howzell, Deputy City Attorney, OCA; Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
ABSENT: Vice President Tanya Peterson.
(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.
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SPEAKERS: None.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: Commissioners Garcia and Mandelman commented on the passing of former Ethics Commissioner and Ethics Department employee Joe Lynn and his dedicated service to the people of San Francisco.
(3) ADOPTION OF MINUTES:
Discussion and possible adoption of the November 18, 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 November 18, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 1748 La Salle Avenue. Letter from Laurence Kornfield, Deputy Director for Dept. of Building Inspection, asking that the Board take jurisdiction over BPA No. 2009/06/025/1295, which was issued on June 26, 2009, and for which the appeal period ended on July 13, 2009. Jurisdiction request was received on October 14, 2009. Permit Holder: Kam San Ho. Project: replace fire damaged ceiling joist and roof joist at rear; remodel kitchen and bathroom, and add bathroom; replace fire damaged gypsum board; remove rear stairway; add rear deck on 2nd floor).
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to continue this matter to January 13, 2010 with the request that DBI Deputy Director Laurence Kornfield work with the permit holder and his neighbor to seek compliance with the terms of their prior agreement.
SPEAKERS: Joseph Duffy, DBI; Kam San Ho (via translator), permit holder.
PUBLIC COMMENT: Dennis Huang spoke in favor of the requestor.
(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 666 – 28th Street. Letter from Klaus Wirsing, requestor, asking that the Board take jurisdiction over BPA NO. 2008/09/30/3079, which was issued on Sept. 18, 2009, and for which the appeal period ended on Oct. 5, 2009. Jurisdiction request was received on Nov. 19, 2009. Permit Holders: Dick and Gerry Meister. Project: replace existing wood frame deck and stair to yard with new deck and one-hour rated walls and fence and trellis at property lines; add windscreen at roof.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to deny the jurisdiction request.
SPEAKERS: Edward Rodriguez, agent for requestor; Joseph Butler, agent for permit holder; Scott Sanchez, Planning; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
(4c) ADOPTION OF FINDINGS:
Subject property at 3665-3669 – 18th Street. Appeal No. V09-057, Dattani vs. ZA, decided October 7, 2009. At that time, the Board voted 4-0 to overrule the denial and grant the variances with findings and conditions to be adopted at a later time. Project: Parking and Exposure Variances (legalize an existing, vacant, fifth dwelling-unit which was constructed without the benefit of permits at the ground floor of the three-story building; Variance Case No. 2009.0042V).
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to adopt the findings.
SPEAKERS: Robert Nolke, agent for appellant; Scott Sanchez, Planning.
PUBLIC COMMENT: None.
(5) APPEAL NO. 09-095
ALTERNATIVE PATIENT’S
COOPERATIVE, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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953 Mission Street #108.
Appealing the denial on Aug. 25, 2009, of Medical Cannabis Dispensary (MCD) Health Permit.
CASE NO. 09-08-03.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to continue this matter to February 10, 2010.
SPEAKERS: Terence Howzell, OCA; Patrick Goggin, attorney for appellant; Kevin Patchett, appellant; Larry Kessler, DPH.
PUBLIC COMMENT: Zachary Risner spoke in favor of the appellant.
(6) APPEAL NO. 09-102
KHALED GHANMA
dba “ALL STATES BEST FOODS”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1607 – 20th Street.
Appealing a twenty-five (25) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Sept. 9, 2009. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FP09-89.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to grant the appeal, and uphold the DPH on the condition that the suspension begin no earlier than January 11, 2010.
SPEAKERS: Dr. Johnson Ojo, DPH; Khaled Ghanma, appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 09-125
GOLDEN GATEWAY CENTER, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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Sydney G. Walton Square.
Corner of Davis and Front Streets.
Appealing the partial denial on October 19, 2009, of Tree Removal Permit.
ORDER NO. 178,365.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to deny the appeal and uphold the DPW with findings to be adopted at a later time.
SPEAKERS: Carla Short, DPW; Timothy Flaherty, attorney for appellant.
PUBLIC COMMENT: The following people spoke in support of the department: Lyn Pannone, Phil Ryan, Mark Ottman, Norman Patrick Doyle, Gail Uilkema, JT Morcom. Richard Ingram spoke in favor of the appellant.
(8) APPEAL NO. V09-103
WILLIAM RUSCONNI,
GRUBER PROPERTIES INC.,
DAVID GRUBER, FRAN LUNDY,
SALLY McDONNELL
& GEORGIE FAINE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1960-1998 Market Street.
Protesting the granting on Sept. 14, 2009, to 270 Valencia LLC, Rear Yard Exception, Inner Courtyard Dimensions and Dwelling Unit Exposure Variances (demolish the service station and construct a nine-story U-shaped mixed-use development with up to 115 residential units over ground floor commercial and subterranean parking for up to 91 off-street parking spaces).
VARIANCE CASE NO. 2006.1431ECV.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3 – 1 – 1 (Commissioner Goh dissented and Vice President Peterson absent) to deny the appeal and uphold the exception and variances, with findings to be adopted at a later time.
SPEAKERS: Stephen Williams, attorney for appellants; Scott Sanchez, Planning; Brian Spiers, determination holder; David Cincotta, attorney for determination holder.
PUBLIC COMMENT: Tim Colen spoke in support of the Zoning Administrator.
(9) APPEAL NO. 09-104
GRAMERCY TOWERS
CONDOMINIUM ASSOCIATION,
1200 CALIFORNIA STREET CORP. HOA
& NOB HILL LEGAL COALITION, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1111 California Street.
Protesting a Letter of Determination dated Sept. 10, 2009, addressed to Steven Vettel c/o California Masonic Memorial Temple, regarding the present legal status of the Nob Hill Masonic Center.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 1 – 3 – 1 (President Fung, Commissioner Goh and Commissioner Mandelman dissented and Vice President Peterson absent) to deny the appeal and uphold the Letter of Determination. With three votes needed, that motion failed. Upon subsequent motion by President Fung, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to continue this matter to January 13, 2010.
SPEAKERS: Scott Sanchez, Planning; Jim Wall, agent for appellants; Robert Epstein, agent for appellants; Steven Vettel, attorney for determination holder; Alice Barkley, attorney for appellants.
PUBLIC COMMENT: The following people spoke in support of the appellants: Robert Varni, Bishop Peter Lee, Laura Novak, Anthony Kowalski, Amir Assar, Oron Maher, David Harmer, Vicki Cox, Enrique Landa, Sylvia Blumenfeld, Robert Muh, Elizabeth Pomada, Carol Kearns, Robert Bingham, Aldo Caciamo, Helana Rottersman, David Cox, Bonnie Orr, Debra Boyle, Nancy Robeson and Jim Kiss.
The following people spoke in support of the Zoning Administrator: Kelly Teo, Chris Armentrout, Lee Smith, Alec Paulock, Edward Raymond, Richard Gractscael, Laura Lyons, Audrey Joseph, Wendy Zeng and Anonymous.
ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 09-105
SANFORD GARFINKEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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100 - 32nd Ave. aka 865 El Camino del Mar.
Protesting the issuance on Sept. 11, 2009, to Jennifer King and Timothy Fredel, Permit to Alter a Building (vertical addition of a second basement garage; horizontal addition; and alteration to existing basement and three floors of dwelling).
APPLICATION NO. 2007/01/19/2027.
FOR HEARING TODAY.
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(10B) APPEAL NO. V09-132
SANFORD GARFINKEL, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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100 - 32nd Ave.
Protesting the granting on June 30, 2009, to Jennifer King and Timothy Fredel, Rear Yard, Side Yard and Non-Complying Structure Variances.
VARIANCE CASE NO. 2007.0129V.
JURISDICTION GRANTED NOV. 4, 2009.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to continue this matter to January 13, 2010.
SPEAKERS: Stephen Williams, attorney for appellants; Alice Barkley, attorney for permit and variance holders; Scott Sanchez, Planning; Joseph Duffy, DBI.
PUBLIC COMMENT: Joe Butler spoke in support of the appellants.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 12:30 a.m.
