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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 18, 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.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director and Chief Building Inspector, Dept. of Building Inspection (DBI); Steve Panelli, Chief Plumbing Inspector, DBI; Scott Sanchez, Planner, Planning Dept. (PD); Richard Lee, Director, Environmental Health Regulatory Programs, Dept. of Public Health (DPH); John Kwong, Dept. of Public Works, Bureau of Street Use and Mapping (DPW BSUM); 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.
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SPEAKERS: None
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: Comm. Peterson noted that she will not attend the Dec. 9, 2009 Board meeting.
(3) ADOPTION OF MINUTES:
Discussion and possible adoption of the November 4, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the November 4, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 66 Page Street. Letter from David Collins, requestor, asking that the Board take jurisdiction over Plumbing Permit No. PW2009/02/09/459, which was issued on Feb. 9, 2009, and for which the appeal period lapsed on Feb. 24, 2009. Permit Holder: French American International School. Project: work category 5P; provide rough and finish plumbing for restrooms and tenant sinks; provide gas to mechanical equipment; AR&B job No.4320.
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ACTION: Upon motion by President Fung, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to deny the jurisdiction request.
SPEAKERS: Kevin Greenquist, attorney for requestor; David Collins, requestor; Howard Slavitt, attorney for permit holder; Josh Cohn, agent for permit holder; Steve Panelli, DBI; Laurence Kornfield, DBI; Richard Lee, DPH.
PUBLIC COMMENT: None.
(5) APPEAL NO. 09-100
SAM & SON MARKET, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1321A Powell 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. FP-09-83.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 1 (Comm. Mandelman dissented) to grant the appeal, overrule the DPH and reduce the suspension to twenty days.
SPEAKERS: Richard Lee, DPH; William Chan, agent for appellant; Sam Chu Chan, appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 09-045
MURKELLEY LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2516-2524 Mission Street.
Appealing a Notice of Violation /Penalty /Denial of Referral to Director dated April 24, 2009, regarding the operation of a rooftop restaurant and bar at the subject property, in violation of Planning Code.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 (Commissioner Mandelman absent) to reschedule this matter to Dec. 16, 2009.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. V09-083
CARRIE WONZER, LISA DECKER
& JOEY DILLI SHARMA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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47 Sussex Street.
Appealing the denial on July 31, 2009, of Rear Yard Variance (demolish existing storage structure and construct one-story detached garage structure which will be located within the required rear setback and facing Penny Lane).
VARIANCE CASE NO. 2009.0238V.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to recuse Commissioner Goh. Afterwards, upon motion by Vice President Peterson, the Board voted 4 – 0 – 1 (Commissioner Goh recused) to continue this matter to Jan. 13, 2010, with the public hearing held and closed, in order to allow the appellants to submit additional plans and information pursuant to the Board’s comments.
SPEAKERS: Scott Sanchez, PD; Ilene Dick, attorney for appellants; Jim Westover, agent for appellants; Randy Wonzer, agent for appellants.
PUBLIC COMMENT: The following people spoke in favor of the appellants: Seraph White, Paul Farr, Judith Stevenson, Osha Hanfling, Jean Conner, Paul McCullough, Don Morris, Lily Hickman, John King, and Linda Dipman. The following people spoke in favor of the ZA: Jeanna Chavetta, Tristan Seifer, Amanda Renschler, Brian Aubry, Tom Ramirez, Vernon Humphrey, Eric Williams, and Denis Wade.
(8) APPEAL NO. 09-098
DANIEL PAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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425 Bush Street.
Protesting the issuance on Aug. 31, 2009, to Ascendant Inc., Street Space Occupancy Permit.
APPLICATION NO. M178827.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue this matter to Dec. 16, 2009, with the public hearing closed, in order to receive status reports from the parties.
SPEAKERS: Daniel Pan, appellant; Alair Dias, agent for permit holder; John Kwong, Dept. of Public Works; Laurence Kornfield, DBI.
PUBLIC COMMENT: Franck LeClerc spoke in favor of the appellant.
(9) APPEAL NO. 09-101
NOE VALLEY NEIGHBOR GROUP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1266B Dolores Street.
Protesting the issuance on Sept. 1, 2009, to Peter Fazio, Permit to Alter a Building (complete work and obtain final inspection for work approved under BPA No. 2005/08/26/1395; number of stories and occupancy change approved under BPA No. 2005/08/26/1395; no work to take place at rear 25ft until a revision permit is issued per NOV).
APPLICATION NO. 2009/09/01/5994.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Goh absent) to deny the appeal and uphold the permit with a finding that the permit conforms to previous Board decisions regarding this property, and that the Planning Dept. has endorsed the permit.
SPEAKERS: Scott Sanchez, PD; George Stradiota, agent for permit holder, Vincent Tomera, agent for permit holder.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 9:23 p.m.
