City and County of San FranciscoBoard of Appeals

May 12, 2010

Board of Appeals - May 12, 2010

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

 

AGENDA FOR REGULAR MEETING - WEDNESDAY, MAY 12, 2010

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

 

 

(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.

 

 

 

(2)   COMMISSIONER COMMENTS & QUESTIONS

 

 

 

 

 

(3)    ADOPTION OF MINUTES

 

Discussion and possible adoption of the May 05, 2010 minutes.

 

 

 

(4)    ADDENDUM ITEMS

 

 

(4a)    JURISDICTION REQUEST

 

Subject property at 1160 Battery Street.  Letter from Michael Franklin, agent for Blue Jeans Equities West, requestor, asking that the Board take jurisdiction over Dept. of Public Works Order No. 178,114, which was issued on April 20, 2009, and for which the appeal period lapsed on   May 05, 2009.  Jurisdiction request received on April 09, 2010.  DPW Order: approval of request to remove two (2) trees with conditions, and denial of request to remove an additional five (5) trees at subject property.

 

 

(5)  APPEAL NO. 09-142

BRIAN HUNT, Appellant(s)

                    vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

2082 Pine Street.

Appealing the denial on Nov. 25, 2009, of Permit to Alter a Building (building originally contained three-dwelling units; one unit was abandoned; restore this living unit to make a three-unit residential building).

APPLICATION NO. 2009/08/21/5311.

PUBLIC HEARING HELD AND CLOSED ON FEB. 24, 2010.  FOR FURTHER CONSIDERATION TODAY.  Note: Matter continued to allow time for appellant and OCA to research various issues, with additional briefing allowed at 6 pages per party.

 

  

(6)  APPEAL NO. 10-007

SALEM KAILEH

dba “QUICK STAR MARKET”, Appellant(s)

                    vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

 

1072A Market Street.

Appealing a twenty-five (25) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Jan. 13, 2010.  Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. FD-10-06.

FOR HEARING TODAY.

 

 

(7)  APPEAL NO. 10-015

CHONG KWANG CHUNG

dba “MARTELL’S LIQUOR”, Appellant(s)

                    vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

 

5615 Geary Boulevard.

Appealing a twenty-five (25) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Feb. 10, 2010.  Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. FD-10-11.

FOR HEARING TODAY.

 

 

 

(7A)  CLOSED SESSION (anticipated to last no more than 10 minutes):

 

CHONG KWANG CHUNG dba “MARTELL'S LIQUOR” 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 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.

 

 

(8)  APPEAL NO. 10-016

MICHAEL KURTZ, Appellant(s)

                    vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

765 Sanchez Street.

Protesting the issuance on Feb. 8, 2010, to Chris and Coltrane Lord, Permit to Alter a Building (remove wood deck at second level at rear; interior remodel at first, second and third floors; exterior remodel; replace/enlarge windows at rear and north side; structural upgrade of decks; relocate wood rear deck).

APPLICATION NO. 2009/11/25/2135.

FOR HEARING TODAY.

 

 

TEMS (9A) AND (9B) SHALL BE HEARD TOGETHER:

(9A)  APPEAL NO. 10-022

GEOFFREY NOAKES, Appellant(s)

                    vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1130 Cole Street.

Protesting the issuance on Feb. 22, 2010, to Chris Culpo, Permit to Alter a Building (revision to BPA Nos. 2008/04/11/9494, 2008/07/18/7088, 2009/07/30/3810; modify kitchen windows at rear; modify rear yard stairs to basement; light fixtures at rear yard elevation; retaining wall, fence; rear yard p.l.’s qualify lower level as basement; modify approved bathroom; modify rear stair to roof for jts).

APPLICATION NO. 2010/02/19/6876.

FOR HEARING TODAY.

 

(9B)  APPEAL NO. 10-039

SAMINA ZAINAB ALI, Appellant(s)

                    vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1130 Cole Street.

Protesting the issuance on Feb. 22, 2010, to Chris Culpo, Permit to Alter a Building (revision to BPA Nos. 2008/04/11/9494, 2008/07/18/7088, 2009/07/30/3810; modify kitchen windows at rear; modify rear yard stairs to basement; light fixtures at rear yard elevation; retaining wall, fence; rear yard p.l.’s qualify lower level as basement; modify approved bathroom; modify rear stair to roof for jts).

APPLICATION NO. 2010/02/19/6876.

JURISDICTION GRANTED APRIL 14, 2010.

FOR HEARING TODAY.

 

 

ADJOURNMENT.

 

Note A: Each item on this agenda may include the following documents: 1) Preliminary Statement of Appeal and Appellant’s Brief; 2) Permit Holder's, Respondent’s or Other Parties’ Brief;                  3) Appellant’s Reply; 4) Departmental decision, order, permit, determination, resolution, or notice of violation; and 5) Correspondence.  These items are available for public inspection at the Board's office during normal office hours (Monday to Friday, 8am to 5pm, 1650 Mission Street, Room 304).

Note B: If any materials related to an item on this agenda have been distributed to the Board members after distribution of the agenda packet, those materials are available for public inspection at the Board’s office during normal office hours (Monday to Friday, 8am to 5pm, 1650 Mission Street, Room 304).

 

Please call 415-575-6880 if you have any questions concerning this agenda. 

 

Date posted:  May 07, 2010