2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 13, 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.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director and Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Craig Nikitas, Senior Planner, Planning Department (PD); Dr. Johnson Ojo, Environmental Health Services, San Francisco Department of Public Health (DPH); Alyonik Hrushow (DPH); Cynthia Goldstein, Executive Director; Manuel Payes, Clerk Typist.
ABSENT: Vice President Tanya Peterson; Victor Pacheco, Legal Assistant.
(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: None.
(3) ADOPTION OF MINUTES:
|
Discussion and possible adoption of the May 6, 2009 minutes.
|
ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to adopt the May 6, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) APPEAL NO. 09-027
|
IBRAHIM ALHAJ
dba “CHURCH STREET MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
|
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.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to continue the matter to June 10, 2009 to allow time for the City Attorney to research how the Board may review and keep confidential the license and other photographs of the undercover decoy used in this matter, to allow the Department of Public Health to provide this license and photographs, and to allow the appellant time to provide evidence of financial hardship.
SPEAKERS: Dr. Johnson Ojo, DPH; Alyonik Hrushow, DPH; Victor Fadayel, agent for appellant.
PUBLIC COMMENT: None.
(5) APPEAL NO. 09-022
|
JAKKEE BRYSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
252 – 9th Street.
Protesting the issuance on Jan. 28, 2009 (poster board for neighborhood notification re-issued on Feb. 12, 2009), Permit to Demolish a Building (one-story theater).
APPLICATION NO. 2002/03/15/1580.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Mandelman, the Board voted 3 – 1 – 1 (President Fung dissenting and Vice President Peterson absent) to continue this item to the call of the chair to allow time to resolve the use of a Categorical Exemption for a potential historic resource.
SPEAKERS: Jakkee Bryson, appellant; Stanley Chia, permit holder; Scott Sanchez, PD; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(6) APPEAL NO. 09-003
|
7 - ELEVEN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
|
652 Kearny Street.
Appealing the denial on Jan. 6, 2009, of Permit to Alter a Building (interior ground floor and basement tenant improvements for 7-Eleven; construct service counters; storage shelf fixtures; coffee bar/drink station; new handicap restroom; reach-in refrigerator and sink).
APPLICATION NO. 2008/03/05/6385.
FOR HEARING TODAY. Note: The Board shall consider jurisdictional arguments from the parties, and shall not conduct a hearing on the merits. Said hearing on the merits, if held, shall take place on May 20, 2009.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to dismiss the appeal for lack of subject matter jurisdiction, and alternatively, to deny the permit for lack of conditional use authorization, with findings to be considered for adoption on June 17, 2009.
SPEAKERS: Kyle LaLonde, attorney for permit holder; Scott Sanchez, PD.
PUBLIC COMMENT: None.
(7) APPEAL NO. 09-010
|
JOSEPH & KATHLEEN HOEGGER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
20 Burlwood Drive.
Protesting the issuance on Jan. 21, 2009, to Peter Wong, Permit to Alter a Building (install concrete retaining wall; comply with NOV No. 200882654).
APPLICATION NO. 2009/01/21/0550.
PUBLIC HEARING HELD AND CLOSED ON MARCH 25, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the permit holder to confer with DBI and Planning Staff.
|
ACTION: Upon motion by Commissioner Mandelman, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to uphold the permit based on the revised plans presented at hearing reflecting the additional notes added by DBI Deputy Director Laurence Kornfield.
SPEAKERS: Ken Hoegger, appellant; Peter Wong, permit holder; Laurence Kornfield, DBI; Scott Sanchez, PD.
PUBLIC COMMENT: None.
ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 09-023
|
ARZA TRUST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
2650-2652 Hyde Street.
Protesting the issuance on Jan. 28, 2009 (reinstated Feb. 12, 2009), to Douglas Greenwood, Permit to Alter a Building (comply with NOV No. 200877313; revise previous permit No. 2008/04/02/8610; remove brick foundation and siding to install new foundation work; after completion of work, replace in kind front façade and landscape back to existing conditions).
APPLICATION NO. 2008/11/04/5823.
PUBLIC HEARING HELD AND CLOSED ON APRIL 22, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for Board members to conduct individual site visits.
|
(8B) APPEAL NO. 09-024
|
EDGAR BRINCAT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
2650-2652 Hyde Street.
Protesting the issuance on Jan. 28, 2009 (reinstated Feb. 12, 2009), to Douglas Greenwood, Permit to Alter a Building (same description as Appeal 09-023).
APPLICATION NO. 2008/11/04/5823.
PUBLIC HEARING HELD AND CLOSED ON APRIL 22, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for Board members to conduct individual site visits.
|
ACTION: Upon motion by Commissioner Goh, the Board voted 2 – 2 – 1 (President Fung and Commissioner Garcia dissenting and Vice President Peterson absent) to grant the appeal and overturn the permit. This motion failed for lack of four votes and the permit is upheld.
SPEAKERS: Ellen Tsang, appellant; Joe Butler, agent for appellants; John Pollard, agent for permit holder; Laurence Kornfield, DBI; Scott Sanchez, PD.
PUBLIC COMMENT: None.
ITEM (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 09-038
|
BRAHMA SWAMI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
2201 Bayshore Blvd.
Protesting the issuance on April 3, 2009, to Universal Paragon Corp., Permit to Demolish a Building (two-story warehouse).
APPLICATION NO. 2008/12/02/7604.
FOR HEARING TODAY.
|
(9B) APPEAL NO. 09-039
|
BRAHMA SWAMI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
2201 Bayshore Blvd.
Protesting the issuance on April 3, 2009, to Universal Paragon Corp., Permit to Demolish a Building (one-story warehouse).
APPLICATION NO. 2008/12/02/7611.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (Vice President Peterson absent) to uphold the permits on the condition that building slabs and foundations shall not be removed until the California Department of Toxic Substances control (DTSC) has approved the Air Monitoring Plan, Dust Control Plan and Soil Management Plan.
SPEAKERS: Robert Garcia, attorney for appellant; Brahma Swami, appellant; Allan Abshez, attorney for permit holder; Mary Hashem, agent for permit holder; Karen Toth, California Department of Toxic Substances Control; Tom Evans, San Francisco Redevelopment Agency; Laurence Kornfield, DBI; Scott Sanchez, PD.
PUBLIC COMMENT: The following people spoke in favor of the permit holder: Fran Martin, Christopher Barnett, Anne Seeman, Russel Morine, Terry Anders, Mindy Kener.
(10) SPECIAL ITEM:
|
Presentation by Planning Dept. staff regarding proposals for Discretionary Review (DR) reform.
|
SPEAKERS: Craig Nikitas, PD.
PUBLIC COMMENT: Joe Butler.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 9:55 p.m.
