May 12, 2010
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 12, 2010 5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: Vice President Kendall Goh, Commissioner Frank Fung, Commissioner Michael Garcia, Commissioner Chris Hwang. Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Carla Short, Urban Forester, Department of Public Works, Bureau of Urban Forestry (DPW); Dr. Johnson Ojo, Principal Inspector, Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant. Absent: President Tanya Peterson. (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) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: Vice President Goh welcomed Commissioner Chris Hwang and described her work experience and community involvement. Commissioners Garcia and Fung also welcomed Commissioner Hwang to the Board. Vice President Goh announced that she will be absent on June 9, 2010. PUBLIC COMMENT: None. (3) ADOPTION OF MINUTES:
Discussion and possible adoption of the May 05, 2010 minutes.
ACTION: Upon motion by Vice President Goh, the Board voted 4-1 (President Peterson absent) to adopt the May 5, 2010 minutes. SPEAKERS: None. PUBLIC COMMENT: None.
(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. ACTION: Upon motion by Commissioner Fung, the Board voted 3-1-1 (Commissioner Hwang dissented and President Peterson absent) to grant jurisdiction. With four votes needed to pass, the motion failed. SPEAKERS: Michael Franklin, requestor; Carla Short, DPW. PUBLIC COMMENT: None. (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. ACTION: Upon motion by Commissioner Garcia, the Board voted 3-1-1 (Commissioner Fung dissented and President Peterson absent) to grant the appeal and overturn the denial with the adoption of findings at a later time. Lacking the four votes needed to pass, the motion failed. Upon further motion by Commissioner Garcia the Board voted 4-1 (President Peterson absent) to continue the matter to May 19, 2010 so that President Peterson may participate in the final vote. SPEAKERS: Scott Sanchez, Planning; Brian Hunt, appellant. PUBLIC COMMENT: None. (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.
ACTION: Upon motion by Commissioner Garcia, the Board voted 3-1-1 (Vice President Goh dissented and President Peterson absent) to grant the appeal, overturn the department and reduce the suspension to 20 days. Lacking the four votes needed, the motion failed. Upon further motion by Commissioner Garcia, the Board voted 4-1 (President Peterson absent) to continue the matter to July 14, 2010 so that President Peterson may participate in the final vote.
SPEAKERS: Dr. Johnson Ojo, DPH; Salem Kaileh, appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 10-015
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CHONG KWANG CHUNG dba “MARTELL’S LIQUOR”, Appellant(s) vs.
DEPT. OF PUBLIC HEALTH, Respondent
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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. |
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(7A) CLOSED SESSION (anticipated to last no more than 10 minutes):
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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. |
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-1-1 (Vice President Goh dissented and President Peterson absent) to accept the Department of Public Health’s late submittal. Upon further motion by Commissioner Garcia, the Board voted 4-1 (President Peterson absent) to enter closed session. Upon further motion by Commissioner Garcia, the Board voted 4-1 (President Peterson absent) to not disclose the contents of the discussion held in closed session. Upon motion by Commissioner Fung, the Board voted 3-1-1 (Vice President Goh dissented and President Peterson absent) to grant the appeal, overrule the department and reduce the suspension to 20 days. Lacking the four votes needed to pass, the motion failed. Upon motion by Commissioner Garcia, the Board voted 4-1 to continue the matter to July 14, 2010, so that President Peterson may participate in the final vote.
SPEAKERS: Dr. Johnson Ojo, DPH; Ohmy Fasudhani, agent for appellant; Susan Chung, agent for appellant; Chong Kwang Chung, appellant; Inspector David Falzon, San Francisco Police Department.
PUBLIC COMMENT: None.
(8) APPEAL NO. 10-016
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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. |
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ACTION: Upon motion by Commissioner Hwang, the Board voted 4-1 (President Peterson absent) to deny the appeal and uphold the permit on the basis that the deck in question was built in compliance with the 1958 variance and the 1967 Board of Appeals decision. SPEAKERS: Michael Kurtz, appellant; Chris Lord, permit holder; Allan Low, attorney for permit holders; Scott Sanchez, Planning; Joseph Duffy, DBI; John Maniscalco, agent for permit holder. PUBLIC COMMENT: None. ITEMS (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.
ACTION: Upon motion by Commissioner Fung, the Board voted 4-1 (President Peterson absent) to continue the matter to May 19, 2010 to allow the parties time to discuss settlement. SPEAKERS: Jeremy Paul, agent for appellants; Geoffrey Noakes, appellant; Nancy Noakes agent for appellant; Samina Ali, appellant; Chris Culpo, permit holder; R. Boyd McSparran, attorney for permit holder; Suheil Shatara, agent for permit holder; Joseph Duffy, DBI; Scott Sanchez, Planning. PUBLIC COMMENT: None. ADJOURNMENT.
There being no further business, Vice President Goh adjourned the meeting at 10:15 p.m.
