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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 7, 2009
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: 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, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Dr. Johnson Ojo, Principal Inspector, Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.
ABSENT: President Frank Fung.
(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: None.
(3) ADOPTION OF MINUTES:
Discussion and possible adoption of the Sept. 30, 2009 minutes.
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ACTION: Upon motion by Vice President Peterson, the Board voted 4 – 0 – 1 (President Fung absent) to adopt the September 30, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 2734 Baker Street. Letter from Patricia Vaughey, requestor, asking that the Board take jurisdiction over BPA No. 2006/05/24/2394S, which was issued on Aug. 28, 2009, and for which the appeal period ended on Sept. 14, 2009. Jurisdiction request was received on Sept. 15, 2009. Permit Holder: Bashir Wada. Project: story and basement addition at rear of property.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (President Fung absent) to deny the jurisdiction request.
SPEAKERS: Patricia Vaughey, requestor; Bashir Wada, permit holder; Laurence Kornfield, DBI; Scott Sanchez, PD.
PUBLIC COMMENT: Tito Patri spoke in favor of the permit holder.
(5) APPEAL NO. V09-057
KAUSHIK DATTANI, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3665-3669 – 18th Street.
Appealing the denial on May 29, 2009, of Parking and Exposure Variances (legalize an existing, vacant, fifth dwelling-unit which was constructed without the benefit of permits at the ground floor of the three-story building).
VARIANCE CASE NO. 2009.0042V.
PUBLIC HEARING HELD AND CLOSED ON AUG. 12, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for DBI and Planning staff to conduct a site visit, and to allow time for the appellant to submit additional information pursuant to the Board’s comments.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (President Fung absent) to overrule the denial, and grant the variances, with findings and conditions to be adopted at a later time.
SPEAKERS: Scott Sanchez, PD; Robert Noelke, agent for appellant; Laurence Kornfield, DBI.
PUBLIC COMMENT: Robert Seymour spoke in favor of the ZA.
ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 09-079
JOYCE NARDONE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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101 Frederick Street #3.
Protesting the issuance on July 24, 2009, to Thomas Mitchell, Permit to Alter a Building (relocate kitchen to dining room; remodel; convert former kitchen to 2nd bedroom; no structural changes; unit 3 located on 2nd floor).
APPLICATION NO. 2009/06/29/1520.
FOR HEARING TODAY.
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Withdrawn by appellant.
(6B) APPEAL NO. 09-080
PATRICK GAFFNEY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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101 Frederick Street #3.
Protesting the issuance on July 24, 2009, to Thomas Mitchell, Permit to Alter a Building (relocate kitchen to dining room; remodel; convert former kitchen to 2nd bedroom; no structural changes; unit 3 located on 2nd floor).
APPLICATION NO. 2009/06/29/1520.
FOR HEARING TODAY.
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DBI has cancelled the subject permit at the request of the permit holder. As such, the matter is moot, and a Notice of Administrative Withdrawal shall issue.
(7) APPEAL NO. 09-044
A & M PETROLEUM
dba “GEARY 76”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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3501 Geary Blvd.
Appealing a sixty (60) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 15, 2009. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-09-052.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 4 – 0 – 1 (President Fung absent) to uphold the 60 day suspension.
SPEAKERS: Dr. Johnson Ojo, DPH; Matthew Alapati, agent for appellant.
PUBLIC COMMENT: None.
(8) APPEAL NO. 09-062
REDA MAHFOUZ dba
“ALIBABA SMOKE & GIFT SHOP”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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245A Columbus Avenue.
Appealing a seventy (70) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on June 10, 2009. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-09-078.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (President Fung absent) to continue this matter to Nov. 4, 2009, with the public hearing to remain open, with new DPH brief due Oct. 15, 2009, and appellant’s reply brief due Oct. 29, 2009.
SPEAKERS: Dr. Johnson Ojo, DPH; Monti Stegen, attorney for appellant; Reda Mahfouz, appellant.
PUBLIC COMMENT: None.
(9) APPEAL NO. 09-064
GIL FIGUEROA dba
“DON CHUY’S MEXI-MERCADO”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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544 Excelsior Street.
Appealing a forty-five (45) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on June 10, 2009. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-09-068.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (President Fung absent) to uphold the 45 day suspension.
SPEAKERS: Dr. Johnson Ojo, DPH; Gil Figueroa, appellant; Maria Castro, agent for appellant.
PUBLIC COMMENT: None.
(10) APPEAL NO. 09-066
JOSEPH KHALAF dba
“J & D GROCERY”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1042 Polk Street.
Appealing a twenty (20) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on June 10, 2009. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-09-072.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 4 – 0 – 1 (President Fung absent) to overrule the 20 day suspension and reduce the suspension to fifteen (15) days.
SPEAKERS: Dr. Johnson Ojo, DPH; Joseph Khalaf, appellant.
PUBLIC COMMENT: None.
(11) APPEAL NO. 09-067
“LOMBARD UNION 76”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2498 Lombard Street.
Appealing a twenty (20) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on June 10, 2009. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-09-070.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (President Fung absent) to uphold the 20 day suspension.
SPEAKERS: Dr. Johnson Ojo, DPH; Otis Dancy, agent for appellant.
PUBLIC COMMENT: None.
(12) SPECIAL ITEM:
Discussion and possible adoption of a Resolution of Commendation to Catharine Barnes.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 0 – 1 (President Fung absent) to adopt the resolution.
SPEAKERS: None.
PUBLIC COMMENT: None.
(13) SPECIAL ITEM:
Discussion and possible adoption of the Board of Appeals Annual Report for fiscal year 2008-2009.
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ACTION: Upon motion by Vice President Peterson, the Board voted 4 – 0 – 1 (President Fung absent) to adopt the annual report as amended.
SPEAKERS: None.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, Vice President Peterson adjourned the meeting at 7:50 p.m.
