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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 20, 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, Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Larry Badiner, Zoning Administrator, Planning Department (ZA); Jordanna Thigpen, Executive Director, Taxi Commission (TC); Victor Pacheco, Interim Dept. Head.
ABSENT: 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:
SPEAKERS: None.
(3) CLOSED SESSION:
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PUBLIC EMPLOYEE APPOINTMENT- Executive Director, Board of Appeals - ACTION
Open Session:
Public Comment (on all matters pertaining to the closed session item)
- Vote on whether to hold closed session pursuant to CA Gov't. Code § 54957(b)(1) and SF Admin. Code §67.10(b)
- Closed Session to evaluate written job applications
- Reconvene in Open Session:
(The Board shall reconvene no earlier than 6:00 PMor as soon thereafter as the closed session agenda is completed)
a) Vote whether to disclose any or all discussions held in closed session (SF Admin. Code 67.12(a)).
b) Disclosure of action taken in closed session.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to convene in closed session. Afterwards, upon motion by President Garcia, the Board voted 5 – 0 to not disclose the content of the discussions.
(4) SPECIAL ITEM:
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Executive Director, Board of Appeals; Selection Procedures - ACTION
Discussion and possible action to approve procedures for selecting Executive Director, Board of Appeals, including, but not limited to, setting dates and times for and creation of a subcommittee of the Board to interview candidates and recommend finalists to the Board.
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ACTION: None.
(5) ADOPTION OF MINUTES:
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Discussion and possible adoption of the August 6, 2008 minutes.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to adopt the 08/06/08 minutes.
(6) ADDENDUM ITEMS:
(6a) JURISDICTION REQUEST:
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Subject property at 855 Sacramento Street. Letter from Don Whitney, requesting that the Board take jurisdiction over BPA No. 2008/03/21/7715, issued on July 1, 2008, to YMCA of San Francisco. Project: add new three-story building with natatorium at ground level, health/fitness facilities on 2nd and 3rd floors; remodel existing four-story building as locker facilities on ground level, YMCA community center on 1st and 2nd levels, and residential SRO on 3rd level; comply with various NOV’s. Note: Appeal No. 08-113 was filed against the same building permit by Stephen Lee on a timely basis on July 15, 2008, but was administratively dismissed on Aug. 7, 2008because Board staff verified with the Planning Department that the project had received a Conditional Use authorization.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to recuse Vice President Fung. Afterwards, upon motion by President Garcia, the Board voted 4 – 0 – 1 (Vice President Fung recused) to deny the jurisdiction request.
SPEAKERS: Don Whitney, requestor; Cathy Barnes, OCA; Laurence Kornfield, DBI; Larry Badiner, ZA.
PUBLIC COMMENT: None.
(6b) ADOPTION OF FINDINGS:
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Appeal No. 08-071, Young K. Yi vs. Taxi Commission. Decided August 6, 2008. At that time, upon motion by Commissioner Mandelman, the Board voted 5-0 to overrule the name removal, and to restore the appellant’s name to the top of the medallion waiting list, with adoption of findings at a later date.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to adopt the findings as amended.
SPEAKERS: Jordanna Thigpen, TC.
PUBLIC COMMENT: Mark Gruberg spoke in favor of the appellant.
(7) APPEAL NO. 08-079
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BILL SCHMETTERER
dba “HAPPENING VENTURES”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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529-531 Clayton Street.
Appealing a Letter of Determination dated May 14, 2008, regarding the current legal use on record of the subject property.
PUBLIC HEARING HELD & CLOSED ON AUGUST 13, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow Commissioner Goh to participate in the final vote.
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ACTION: Upon motion by Commissioner Goh, the Board voted 5 – 0 to overrule the Letter of Determination with adoption of findings at a later date.
SPEAKERS: Larry Badiner, ZA; Brett Gladstone, attorney for appellant; Bill Schmetterer, appellant.
PUBLIC COMMENT: None.
(8) APPEAL NO. 08-085
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KHALDOUN SUKKAR, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing a Determination of Ineligibility for Ramp Taxi Medallion, dated Dec. 14, 2007.
JURISDICTION GRANTED JUNE 4, 2008.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 1 (Commissioner Peterson dissented) to overrule the determination of ineligibility with a finding that there is adequate evidence of the appellant’s absence from the country during the time of the TC’s mailed notification, and with a further finding that the Board makes no determinations as to the appellant’s qualification for a ramp taxi medallion.
SPEAKERS: Jordanna Thigpen, TC; Khaldoun Sukhar, appellant.
PUBLIC COMMENT: The following people spoke in favor of the appellant: Mark Gruberg and Refall Alrefall.
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) 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.
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(9B) 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.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to reschedule the matter to 09/10/08, pending the outcome of the CEQA appeal at the Board of Supervisors.
SPEAKERS: Raquel Fox, attorney for appellants; Andrew Zacks, attorney for permit holder.
PUBLIC COMMENT: None.
(10) APPEAL NO. 08-078
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JOE TIERNEY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1250/1260 Missouri Street.
Appealing a Stop Work Order Request dated May 14, 2008, addressed to the Director of the Dept. of Building Inspection, requesting that certain construction work under BPA No. 9820407 be suspended because said work exceeds the scope of work approved by the Planning Department.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to uphold the stop work order request.
SPEAKERS: Larry Badiner, ZA; Joseph Tierney, appellant; Michael Leavitt, agent for appellant; Sia Tahbazof, agent for appellant; Laurence Kornfield, DBI.
PUBLIC COMMENT: The following people spoke in favor of the ZA: Sue Hestor, Joe Boss, Keith Goldstein, Dick Millet, and Tony Kelly.
ADJOURNMENT.
There being no further business, President Garcia adjourned the meeting at 9:35 p.m.
