2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 20, 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.
Catharine Barnes, 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); Sgt. Ron Reynolds, San Francisco Police Department (SFPD); Jordanna Thigpen, Enforcement and Legal Affairs Manager, Division of Taxis and Accessible Services, San Francisco Municipal Transportation Agency (SFMTA); Dr. Johnson Ojo, Principal Inspector, Department of Public Health (DPH); Alyonik Hrushow, Tobacco Free Project (DPH); 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.
|
SPEAKERS: Elena Rogan, David Silverman and Scott Sanchez (PD) discussed ongoing issues associated with closed appeal file number 08-049 regarding the property located at 770 18th Avenue. Mr. Sanchez stated that an enforcement planner was assigned to investigate the concerns raised about the property. Commissioner Mandelman requested that Planning provide an update to the Board on the outcome of the investigation.
(2) COMMISSIONER COMMENTS & QUESTIONS
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
|
Discussion and possible adoption of the May 13, 2009 minutes.
|
ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the May 13, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUESTS:
|
Subject property at 1450 Franklin Streetand 1581 Bush Street. Letter from Jack Gold and Charles Olson, agents for appellant, San Francisco Architectural Heritage (SFAH), requesting rehearing of Appeal Nos. 08-188/189, SFAH vs. DBI, RAA. On Feb. 18, 2009, the Board voted 3-2 (Commissioners Goh and Mandelman dissented) to uphold both permits with adoption of findings at a later time, and on condition that there be ten (10) affordable units. Four votes being required under the City Charter to impose conditions on a departmental action, the permits were upheld with no conditions and with adoption of findings at a later time. Subsequently, on April 15, 2009, the Board voted 3-2 (Commissioners Goh and Mandelman dissented) to adopt the revised findings. Permit Holder: Pacific Heights Franklin Partners LLC. Project: demolish a two-story auto sales/service building with 12,000sf of ground floor area (BPA No. 2008/09/25/2656), and construct a 13-story, 69-unit residential/commercial building with 12,000sf of ground floor area (BPA No. 2008/09/25/2660S).
|
ACTION: Upon motion by Commissioner Garcia, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to deny the rehearing request.
SPEAKERS: Jack Gold, agent for appellant; David Silverman, attorney for permit holder.
PUBLIC COMMENT: Arnold Townsend spoke in favor of the permit holder.
(5) APPEAL NO. 09-028
|
SILVER ARCO, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
|
2190 Carroll Avenue.
Appealing a fifty (50) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 11, 2009. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-09-024.
FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Peterson, the Board voted 4 – 1 (Commissioner Mandelman dissented) to uphold the suspension on the condition that the permit be suspended for thirty (30) days.
SPEAKERS: Dr. Johnson Ojo, DPH; Alyonik Hrushow, DPH; Stephen Ng, appellant.
PUBLIC COMMENT: None.
(5a) CLOSED SESSION (anticipated to last no more than 10 minutes):
SILVER ARCO vs. DEPT. OF PUBLIC HEALTH
Open Session:
Public Comment (on all matters pertaining to the closed session item)
- i) Vote on whether to hold closed session pursuant to due process requirements of state and federal law.
- ii) Closed Session to review confidential identification card and confidential photographs and evidence pertaining to the undercover minor decoy used in this matter.
- Reconvene in Open Session:
iii) Vote whether to disclose any or all discussions held in closed session (SF Admin. Code 67.12(a)).
iv) No action will be taken during closed session.
ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 1 (Vice President Peterson dissented) to convene in closed session. The closed session was attended by: President Fung, Vice President Peterson, Commissioner Garcia, Commissioner Goh, Commissioner Mandelman, Cynthia Goldstein, Victor Pacheco, Manuel Payes, Cathy Barnes (OCA), Dr. Johnson Ojo (DPH), and Stephen Ng, appellant. Afterwards, upon motion by Commissioner Garcia, the Board voted 5 – 0 to not disclose the content of discussions held in the closed session. No action was taken during the closed session.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 09-015
|
JANICE HENNESSEY, Appellant(s)
vs.
MUNICIPAL TRANSPORTATION AGENCY
DIVISION OF TAXIS AND
ACCESSIBLE SERVICES, Respondent
Permit Holder: HAKIM IKARIOUEN
|
Protesting the suspension on Feb. 3, 2009, of Public Passenger Vehicle Permit (A-card) No. 86602.
RESOLUTION NO. 2009-03.
PUBLIC HEARING HELD AND CLOSED. FOR FURTHER CONSIDERATION TODAY. Note: The suspension of the subject permit (A-card) shall remain in place post April 30, 2009. Matter continued to allow time for parties to submit additional information pursuant to the Board’s comments.
|
ACTION: Upon motion by Vice President Peterson, the Board voted 5 – 0 to overrule the suspension and revoke the permit (A-card), with adoption findings at a later time.
SPEAKERS: Jordanna Thigpen, SFMTA; Sgt. Ron Reynolds, SFPD; Janice Hennessey, appellant; Dennis Cashman, attorney for permit holder; Hakim Ikariouen, permit holder; Andrew Klimenko, attorney for appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 09-021
|
TU LAM, Appellant(s)
vs.
MUNICIPAL TRANSPORTATION AGENCY
DIVISION OF TAXIS AND
ACCESSIBLE SERVICES, Respondent
|
Appealing the revocation of Public Passenger Vehicle Permit (A-card) No. 48151 and medallion No. 896.
RESOLUTION NO. 2009-04.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Fung, the Board voted 5 – 0 to uphold the revocation of the subject A-card and subject medallion.
SPEAKERS: Jordanna Thigpen, SFMTA; appellant did not appear.
PUBLIC COMMENT: None.
(8) APPEAL NO. 09-029
|
CBS OUTDOOR INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner: TONY AZZOLINI
|
885 Bryant Street.
Appealing a Letter of Determination dated March 11, 2009, regarding BPA No. 2008/02/23/4752 for the deconstruction and replacement of a rooftop general advertising sign at the subject property.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to June 3, 2009, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 09-030
|
FRANCES LUI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1661 43rd Avenue.
Appealing the imposition of penalty on March 22, 2009, for construction work done without a permit.
APPLICATION NO. 2009/03/18/4358.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Fung, the Board voted 4 – 1 (Commissioner Mandelman dissented) to reduce the penalty to four times (4X) the original fee.
SPEAKERS: Laurence Kornfield, DBI; Frances Lui, appellant.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 8:00 p.m.
