2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 7, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Robert Haaland, Commissioner Tanya Peterson.
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); Jordanna Thigpen, Executive Director, Taxi Commission; Victor Pacheco, Interim Dept. Head; Manuel Payes, Clerk Typist; Easteller Bruihl, Official Court Reporter.
ABSENT: Commissioner Randall Knox.
(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) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
ACTION: Upon motion by Commissioner Peterson, the Board voted 3 – 0 – 2 (Commissioners Haaland and Knox absent) to adopt the April 16, 2008 minutes.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 4120 – 23rd Street. Permit issued on September 23, 2005. Last day to appeal was October 11, 2005. Jurisdiction request received on September 29, 2006. Letter from Robert Call, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2002/02/25/9972. Project: horizontal addition to rear of building; construct a new garage at street level. Permit Holder: Darryl Leung.
|
ACTION: Upon motion by Commissioner Haaland, the Board voted 1 – 3 – 1 (President Garcia, Vice President Fung, Commissioner Peterson dissented, Commissioner Knox absent) to grant the Jurisdiction Request. Failed for lack of four votes. Jurisdiction Request denied.
SPEAKERS: Robert Call, Requestor; Darryl Leung, Permit Holder; Tina Tam, Planning Department; Laurence Kornfield, Department of Building Inspection; James Li, agent for Permit Holder.
PUBLIC COMMENT: None.
(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Removal of name from medallion waiting list. Letter issued by Taxi Commission on March 13, 2008. Last day to appeal was March 28, 2008. Jurisdiction request received on April 3, 2008. Letter from Reza Ghorbani, requestor, asking that the Board take jurisdiction over the aforementioned Taxi Commission action.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to grant the Jurisdiction Request.
SPEAKERS: Reza Ghorbani, Requestor; Jordanna Thigpen, Taxi Commission.
PUBLIC COMMENT: None.
(4c) ADOPTION OF FINDINGS:
|
Subject property at 625 Duncan Street. Appeal No. 08-013, decided April 9, 2008. At that time, upon motion Vice President Fung, the Board voted 4-0-1 (Commissioner Haaland absent) to overrule the Partial Stop Work Order, with adoption of findings at a later time. Partial Stop Work Order Request was dated Jan. 14, 2008, requesting that BPA No. 2005/09/09/2498 be partially suspended because some work was performed without Planning Code § 311 notification.
|
ACTION: Upon motion by Vice President Fung, the Board voted 3 – 0 – 2 (Commissioners Knox and Haaland absent) to adopt the findings as prepared by the Office of the City Attorney.
SPEAKERS: Niall Vignoles, attorney for Appellant.
PUBLIC COMMENT: None.
(4d) REHEARING REQUESTS:
|
Subject property at 1369 Folsom Street. Letter from Jakkee Bryson, appellant, requesting rehearing of Appeal Nos. 08-010 and 08-019, decided April 2, 2008. At that time, upon motion by Commissioner Haaland, the Board voted 5-0 to uphold the building permit and the two entertainment permits. Permit Holder: Hole in the Wall Saloon. Building Permit: tenancy improvement to convert dance studio to new drinking establishment and live entertainment use; BPA No. 2006/10/25/6052. Entertainment Permits: Billiard Parlor & Mechanical Amusement Device Permits.
|
ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to deny both Rehearing Requests.
SPEAKERS: Jakkee Bryson, Appellant; Jeremy Paul, agent for Permit Holder.
PUBLIC COMMENT: James Passey and Jim Meko spoke in favor of the permit holder.
(4e) REHEARING REQUEST:
|
Public Convenience & Necessity Findings. Letter from Peter Witt, appellant, requesting rehearing of Appeal No. 08-009, decided April 2, 2008. At that time, upon motion by President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to uphold the Taxi Commission’s decision, with a finding that the public’s convenience and necessity requires the issuance of these 69 alternative fuel or hybrid taxi permits, to be issued at a rate of 10 per month.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to deny the Rehearing Request.
SPEAKERS: Peter Witt, Appellant; Jordanna Thigpen, Taxi Commission.
PUBLIC COMMENT: The following people spoke in favor of the appellant: Robert Cesana, Ron Fishman, and Barry Taranto. The following people spoke in favor of the Taxi Commission: Paul Goodfader, Zuhair Sinada, Sohel Rahman, Abison Chirackal, Ashwani Aeri, Marcelo Fonseca, Sukhdev Attal, Bhajan Johal, and Tariq Mehmood.
(4f) REHEARING REQUEST:
|
Revocation of Color Scheme Permit. Letter from David Basada, appellant, requesting rehearing of Appeal No. 07-139, decided April 9, 2008. At that time, upon motion by President Garcia, the Board voted 3-1-1 (Commissioner Knox dissented, Commissioner Haaland absent) to uphold the revocation of the subject color scheme permit.
|
ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to grant the Rehearing Request, to set the Rehearing for June 11, 2008, and with briefs due one (1) Thursday prior to the rehearing.
SPEAKERS: Ligia Parmenter, Attorney for Appellant; Jordanna Thigpen, Taxi Commission.
PUBLIC COMMENT: Peter Witt spoke in favor of the appellant.
(4g) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 576 Sacramento Street, 4th Floor. Zoning Administrator’s Notice of Violation was dated Feb. 19, 2008. Last day to appeal was March 5, 2008. Jurisdiction request received on April 21, 2008. Letter from Christopher Hall, attorney for Yulin Wu, requestor, asking that the Board take jurisdiction over the aforementioned Notice of Violation regarding the establishment of a non-authorized massage establishment at the subject property.
|
ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to deny the Jurisdiction Request.
SPEAKERS: Christopher Hall, Attorney for Requestor; Tina Tam, Planning Department.
PUBLIC COMMENT: None.
ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 07-160
|
ANTHONY FERNANDEZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
166 Encline Court.
Protesting the issuance on August 17, 2007, to Dan Rios, Permit to Alter a Building (on single-family house: remodel kitchen; extend bedroom in lower level and add bathroom; add bedroom in basement with bathroom; add another bathroom to garage area; build retaining wall in backyard; add deck; replace windows; add new doors).
APPLICATION NO. 2007/07/03/5901.
PUBLIC HEARING HELD & CLOSED ON APRIL 2, 2008. FOR FURTHER CONSIDERATION TODAY.
|
(5B) APPEAL NO. 07-161
|
JOSEPHINE ESCOVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
166 Encline Court.
Protesting the issuance on August 17, 2007, to Dan Rios, Permit to Alter a Building (same description as Appeal 07-160).
APPLICATION NO. 2007/07/03/5901.
PUBLIC HEARING HELD & CLOSED ON APRIL 2, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Both matters continued to allow time for DBI to conduct a site inspection and for the permit holder to submit revised plans pursuant to the Board’s comments.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to uphold the permit on condition that a) the retaining wall be removed; b) that 3 false walls be removed in the backyard; c) that insulation be incorporated in the areas being altered so that the decibel rating of transmission between the properties not exceed 58 STC; and d) that construction work be limited to 8am to 5pm, Monday thru Saturday.
SPEAKERS: Laurence Kornfield, Department of Building Inspection; Joseph Escove, agent for Appellant; Dan Rios, Permit Holder; Tina Tam, Planning Department.
PUBLIC COMMENT: Karen Breslin and Tony Chandler spoke in favor of the appellants; Luisa Vasquez spoke in favor of the permit holder.
(6) APPEAL NO. 07-169
|
RE-LEAF CENTER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
2980 – 21st Street.
Appealing a Notice of Violation dated August 24, 2007, addressed to Edward Schmitt and the Re-Leaf Center, that the medical cannabis dispensary use at the subject property is not permitted because it lies within a residential zoning district.
PUBLIC HEARING HELD & CLOSED ON MARCH 12, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for OCA to render a confidential opinion on legal issues presented in this appeal.
|
ACTION: Upon motion by Vice President Fung, the Board voted 3 – 0 – 2 (Commissioners Knox and Haaland absent) to reschedule the matter to June 4, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. 07-227
|
PACIFIC POLK PROPERTIES, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
|
1601 Larkin Street.
Appealing the conditions placed on a Permit to Remove and Replace Six (6) Trees.
ORDER NO. 176,117 (revised).
FOR HEARING TODAY.
|
ACTION: Upon motion by President Garcia, the Board voted 3 – 0 – 2 (Commissioners Knox and Haaland absent) to reschedule the matter to June 4, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 08-027
|
ROSELLER TOLENTINO
dba “RUSELL’S CONVENIENCE”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
|
425 Market Street.
Appealing a fifteen (15) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Feb. 13, 2008. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-08-11.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Garcia, the Board voted 4 – 0 -1 (Commissioner Knox absent) to uphold the 15-day suspension.
SPEAKERS: Johnson Ojo, Principal Inspector, Department of Public Health; Roseller Tolentino, Appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-029
|
ROBERT MICHAEL FRIEDMAN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
|
Appealing the revocation on Feb. 13, 2008, of A-Card (driver permit) No. 041990 and Medallion (taxi permit) No. 865.
RESOLUTION NO. 2008-07.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Fung, the Board voted 3 – 0 – 2 (Commissioners Knox and Haaland absent) to reschedule the matter to June 11, 2008.
SPEAKERS: Geoffrey Rotwein, attorney for appellant; Jordanna Thigpen, Taxi Commission.
PUBLIC COMMENT: None.
(10) APPEAL NO. 07-217
|
STEPHEN WILLIAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
9 Douglass Street.
Protesting the issuance on Nov. 8, 2007, to Lawrence Nathanson, Permit to Alter a Building (on single-family house: vertical addition to rear portion of house for new master bedroom suite; interior renovation).
APPLICATION NO. 2007/01/11/1515S.
FOR HEARING TODAY. Note: On Feb. 13, 2008, the Board voted 5-0 to reschedule the matter to Call of Chair pending resolution of the Cat Ex appeal at the BOS.
|
ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to continue the matter to May 14, 2008, with the public hearing closed, to allow time for Permit Holder to submit more information pursuant to the Board’s comments.
SPEAKERS: Stephen Williams, Appellant; Laurence Nathanson, Permit Holder; Laurence Kornfield, Department of Building Inspection.
PUBLIC COMMENT: John Redmond spoke in favor of the permit holder; Jane Whitaker and Stephen Goldstine spoke in favor of the appellant.
(11) APPEAL NO. 08-032
|
WALTER PFAU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
177 Majestic Avenue.
Appealing the imposition of penalty on Dec. 15, 2007, for plumbing work done without a permit.
APPLICATION NO. PP486946.
JURISDICTION GRANTED DEC. 12, 2007.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Fung, the Board vote 4 – 0 – 1 (Commissioner Knox absent) to reduce the penalty to two times the regular fee.
SPEAKERS: None. The Dept. of Building Inspection consented to the reduction.
PUBLIC COMMENT: None.
(12) APPEAL NO. 08-026
|
BARBARA CALLOWAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPRTOVAL
|
1060 Gilman Avenue.
Protesting the issuance on Feb. 8, 2008, to Charlie James, Permit to Erect a Building (three-story, single-family house with 1,960sf of ground floor area).
APPLICATION NO. 2006/10/24/5911S.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Fung, the Board voted 4 – 0 – 1 (Commissioner Knox absent) to continue the matter to June 11, 2008, with the public hearing closed, and with update briefs due from all parties one Thursday prior to hearing; matter continued to allow time for Planning staff to re-review the project.
SPEAKERS: Tina Tam, Planning Department; Barbara Calloway, Appellant; David Silverman, attorney for Permit Holder; Charles James, Permit Holder.
PUBLIC COMMENT: None.
There being no further business, President Garcia adjourned the meeting at 9:45 p.m.
