2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, APRIL 15, 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, Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Jordanna Thigpen, Enforcement and Legal Affairs Manager, Division of Taxis and Accessible Services, San Francisco Municipal Transportation Agency (SFMTA); Andrew Jin, Inspector, Department of Public Health Environmental Health Services, (DPH EHS); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.
(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 April 1, 2009 minutes.
|
ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the April 1, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) SPECIAL ITEM:
|
Presentation by staff of the Mayor’s Office on Disability.
|
Rescheduled to June 3, 2009.
(5) ADDENDUM ITEMS:
(5a) ADOPTION OF FINDINGS:
|
Subject property at 1581 Bush Street& 1450 Franklin Street. Appeal Nos. 08-188/189, San FranciscoArchitectural Heritage vs. DBI, RAA, decided Feb. 18, 2009. At that time, the Board voted 3-2 (Commissioners Goh and Mandelman dissented) to uphold both permits with adoption of findings at a later time, and on condition that there be ten (10) affordable units. Four votes being required under the City Charter to impose conditions on a departmental action, the permits were upheld with no conditions and with adoption of findings at a later time. Permit Holder: Pacific Heights Franklin Partners LLC. Project: demolish a two-story auto sales/service building with 12,000sf of ground floor area (BPA No. 2008/09/25/2656), and construct a 13-story, 69-unit residential/commercial building with 12,000sf of ground floor area (BPA No. 2008/09/25/2660S).
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to adopt the revised findings.
SPEAKERS: David Silverman, attorney for permit holder.
PUBLIC COMMENT: None.
(6) APPEAL NO. 09-017
|
REDA MAHFOUZ dba
“ALIBABA SMOKE & GIFT SHOP”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
|
245A Columbus Avenue.
Appealing a twenty-five (25) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Feb. 11, 2009. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-09-018.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to uphold the suspension on the condition that it be reduced to fifteen (15) days. Motion failed due to lack of four votes; the 25-day suspension is upheld.
SPEAKERS: Andrew Jin, DPH; Alyonik Hrushow, DPH; Reda Malifouz, appellant.
PUBLIC COMMENT: The following people spoke in favor of the DPH: Joshua Pooner, Brian Stegner, Cecilia Ramirez, and Fahad Qurashi. Don Baker spoke in favor of the appellant.
(7) APPEAL NO. 09-015
|
JANICE HENNESSEY, Appellant(s)
vs.
MUNICIPAL TRANSPORTATION AGENCY
DIVISION OF TAXIS AND
ACCESSIBLE SERVICES, Respondent
Permit Holder: HAKIM IKARIOUEN
|
Protesting the suspension on Feb. 3, 2009, of Public Passenger Vehicle Permit (A-card) No. 86602.
RESOLUTION NO. 2009-03.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to continue the matter to May 20, 2009, with the public hearing held and closed, with the suspension to remain in place post April 30, 2009, and for the parties to submit additional information pursuant to the Board’s comments.
SPEAKERS: Jordanna Thigpen, SFMTA; Andrew Klimenko, attorney for appellant; Janice Hennessey, appellant; Thomas Wallace, attorney for permit holder.
PUBLIC COMMENT: None.
(8) APPEAL NO. 09-018
|
SAQIB ZAHEER, Appellant(s)
vs.
MUNICIPAL TRANSPORTATION AGENCY
DIVISION OF TAXIS AND
ACCESSIBLE SERVICES, Respondent
|
Appealing a Determination of Ineligibility for Ramp Taxicab Medallion dated Feb. 2, 2009.
LIST NO. 6-945.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the Determination of Ineligibility.
SPEAKERS: Jordanna Thigpen, SFMTA; Saqib Zaheer, appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 09-001
|
JOERG WESTERMANN,
KATHLEEN CROWLEY,
RACHEL HOWARD,
MARIO ESCOBAR, GAGE BOONE,
ELANA MARGOLIS, BENJAMIN WACKS,
AND JACKIE ESCOBAR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
1217 Florida Street.
Protesting the issuance on Dec. 22, 2008, to David McClosky, Permit to Alter a Building (interior remodel of existing dwelling units; remodel bathrooms and kitchens; new window on south elevation; infill light well at east elevation; removal of partition walls).
APPLICATION NO. 2008/12/16/8638.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to April 22, 2009, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(10) 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.
|
ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to May 13, 2009, for the Board to consider the jurisdictional issues, and if necessary, hold a hearing on the merits on May 20, 2009.
SPEAKERS: Scott Sanchez, PD; Kyle LaLonde, attorney for appellant.
PUBLIC COMMENT: David Cincotta spoke in favor of the appellant. The following people spoke in favor of the PD: Rose Pak, David Huang, Tan Chow, and Cathie Lam.
(11) APPEAL NO. 09-016
|
NANCY WUERFEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
2514 – 23rd Avenue.
Protesting the issuance on Jan. 29, 2009, to Mary Galvin, Permit to Alter a Building (structural work; first floor framing; new retaining wall / replace existing damaged wall; address complaint no. 200988255; in-kind window; shoring under separate permit prior to construction; obtain CAL OSHA permit prior to construction and excavation work).
APPLICATION NO. 2009/01/27/0870.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to May 6, 2009.
SPEAKERS: Laurence Kornfield, DBI; David Silverman, attorney for permit holder; Nancy Wuerfel, appellant.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 8:15 p.m.
