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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCT. 15, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Tanya Peterson, 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); Tina Tam, Senior Planner, Planning Department (PD); Andrew Jin, Inspector, Department of Public Health (DPH); Ed Walsh, Inspector, Department of Public Health (DPH); Victor Pacheco, Interim Dept. Head; 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:
SPEAKER: President Garcia announced that the Board hired Cynthia Goldstein as the Executive Director for the Board of Appeals, and that she will begin employment on 11/17/08.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the October 1, 2008 minutes.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to adopt the October 1, 2008 minutes.
(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
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Subject property at 442 Haight Street. Appeal No. 08-104, Selby vs. DBI, PDA, decided Oct. 1, 2008. At that time, upon motion by Vice President Fung, the Board voted 4-1 (Commissioner Mandelman dissented) to revoke the subject permit with adoption of findings at a later date. Permit Holder: Harvey Rudman. Project: legalization of an existing medical cannabis dispensary; no physical alteration to existing space; BPA No. 2007/05/18/1718S.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Mandelman dissented) to adopt the Office of City Attorney’s findings with changes in a finding # 13.
SPEAKERS: Brian Soriano, attorney for MCD operator; Thea Selby, appellant.
PUBLIC COMMENT: None.
(5) APPEAL NO. 08-114
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RASHAD SGHAYER
dba “FRED’S LIQUOR”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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300 Mason Street.
Appealing a thirty (30) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 10, 2008. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-08-077.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 08-116
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DANILO HERRERA dba
“CITY SMOKE SHOP & MORE”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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644 Polk Street.
Appealing a fifteen (15) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 10, 2008. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-08-078.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to uphold the 15 – day suspension.
SPEAKERS: Andrew Jin, DPH; Danilo Herrera, appellant.
PUBLIC COMMENT: None.
ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 08-051
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TENANTS AT 800-808 LYON ST.
& 1960-1980 GOLDEN GATE AVE., Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1960 Golden Gate Avenue.
Protesting the issuance on April 3, 2008, to James Ulahue, Permit to Alter a Building (remove existing deck with invalid easement over subject property; reference BPA No. 2008/02/05/3995).
APPLICATION NO. 2008/01/28/3333.
FOR HEARING TODAY. Note: Matter continued to await outcome of CEQA appeal at Board of Supervisors.
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(7B) APPEAL NO. 08-052
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TENANTS AT 800-808 LYON ST.
& 1960-1980 GOLDEN GATE AVE., Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1980 Golden Gate Avenue
aka 800-808 Lyon Street.
Protesting the issuance on April 3, 2008, to Prana Eight Properties LLC, Permit to Alter a Building (comply with SFFD BFP NOV and DBI HIS NOV regarding existing deck and 2nd means of egress; new window; remove deck with invalid easement over adjacent property [separate permit]; provide fire escape to provide 2nd means of egress).
APPLICATION NO. 2008/02/05/3995.
FOR HEARING TODAY. Note: Matter continued to await outcome of CEQA appeal at Board of Supervisors.
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ACTION: Upon motion by Vice President Fung, the Board voted 3 -2 (President Garcia and Commissioner Peterson dissented) to revoke the permit in Appeal No. 08 – 051 with adoption of findings at a later time. Motion failed for lack of four votes. Permit upheld.
ACTION: Afterwards, motion by Vice President Fung, the Board voted 4 – 1 (Commissioner Peterson dissented) to revoke the permit in Appeal No. 08 – 052 with adoption of findings to at a later time.
SPEAKERS: Andrew Zacks, attorney for permits holder; Raquel Fox, attorney for appellants; Marianne Beck, co – appellant; Philip Head, co – appellant; Lenny Tremmel, co – appellant; Jason Thrupp, co – appellant; Ryan McCanley, co – appellant; Kurt Mueller, co – appellant; Patrick Buscovich, agent for permit holder; Kevin Flynn, agent for permit holder; Tina Tam, PD; Laurence Kornfield; DBI.
PUBLIC COMMENT: Joe O’Donoghue spoke in favor of the appellants.
(8) APPEAL NO. 08-062
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HEAVEN MINI THEATER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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483 Broadway aka 1054 Kearny Street.
Appealing a Notice of Violation dated April 14, 2008, regarding the establishment of a non-authorized adult entertainment use at the second story of the subject property.
FOR REHEARING TODAY. Note: On July 16, 2008, the Board voted 5-0 to uphold the subject Notice of Violation. On Aug. 13, 2008, the Board voted 4-0 to grant the appellant’s rehearing request, and to set the rehearing for Oct. 15, 2008.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to uphold the Notice of Violation.
SPEAKERS: Tina Tam, PD; Terrance Hallinan, attorney for appellant.
PUBLIC COMMENT: Jeremy Paul spoke on behalf of the other commercial tenant in the subject
building. Lindsay McCollum spoke in favor of the appellant.
Captain James Dudley (SFPD) spoke in favor of the Zoning Administrator.
(9) APPEAL NO. 08-100
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WELL-CARE ACUPUNCTURE
& HEALTH CENTER INC.,, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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4726 Geary Boulevard.
Appealing a Notice of Violation dated March 19, 2008, regarding the operation of an unauthorized massage establishment at the subject property.
JURISDICTION GRANTED JUNE 4, 2008.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 5 – 0 to uphold the Notice of Violation.
SPEAKERS: Tina Tam, PD; Ed Walsh, DPH; Paul Horcher, attorney for appellant.
PUBLIC COMMENT: Saied Amin spoke in favor of the appellant.
(10) APPEAL NO. 08-117
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PAUL TERGIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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76 Laidley Street.
Protesting the issuance on July 10, 2008, to Joe Acayan, Permit to Erect a Building (two-story accessory building with pool house and home office, with 395.5sf of ground floor area).
APPLICATION NO. 2006/10/10/4591.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 2 – 3 (Vice President Fung, Commissioners Goh and Mandelman dissented) to uphold the permit. Four votes being required to overturn a department action, the permit was upheld.
SPEAKERS: Lucian Blazej, agent for appellant; Marada Deley, co – permit holder; Hiromi Ogawa, agent for permit holder; Joe Acayan, permit holder; Tina Tam, PD.
PUBLIC COMMENT: Rosalie Blazej, Sean Tergis, Elizabeth Clark, Ivory Young, George Cole, Frank Clark, and Michael Clark spoke in favor of the appellant.
Jim Zack, Bob McCaffrey, David Ehrlich, Suzanne Tay, Kristin Hansen, Alex Schroeder, and Eric Hansen spoke in favor of the permit holder.
(11) APPEAL NO. 08-118
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AUGUSTINE FALLAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1754 Mission Street.
Protesting the issuance on July 10, 2008, to Albert Joshua, Permit to Alter a Building (renew BPA Nos. 2005/02/22/5889 and 2006/12/04/9112 for final inspection).
APPLICATION NO. 2008/07/10/6408.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 08-120
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DEAN & CARMEN CHING
and DEWEY & LAURIE ANN WOO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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207 Marietta Drive.
Protesting the issuance on July 29, 2008, to Robert & Maria Tilghman, Permit to Alter a Building (construct 27’ X 15’ outdoor deck; installation of sliding glass door; two windows to fit).
APPLICATION NO. 2008/07/28/7775.
FOR HEARING TODAY.
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(12B) APPEAL NO. 08-123
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FARUQ AHMAD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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207 Marietta Drive.
Protesting the issuance on July 29, 2008, to Robert & Maria Tilghman, Permit to Alter a Building (construct 27’ X 15’ outdoor deck; installation of sliding glass door; two windows to fit).
APPLICATION NO. 2008/07/28/7775.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule both matters to 10/29/08.
SPEAKERS: Joe Bravo, attorney for permit holder; Robert Tilghman, co – permit holder.
PUBLIC COMMENT: None.
(13) SPECIAL ITEM:
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Informational presentation by the Planning Department.
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SPEAKER: Craig Nikitas, PD.
ADJOURNMENT.
There being no further business, President Garcia adjourned the meeting at 10:30pm.
