April 6, 2011

BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, APRIL 06, 2011

 

5:00 P.M., CITY HALL, ROOM 416,

ONE DR. CARLTON B. GOODLETT PLACE

 

PRESENT: President Kendall Goh, Commissioner Frank Fung, Commissioner Chris Hwang and Commissioner Tanya Peterson.

 

Tom Owen, Deputy City Attorney, Office of the City Attorney (OCA); Catherine Barnes, Deputy City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Dan Sider, Senior Planner, Planning Department (PD); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Jarvis Murray, San Francisco Municipal Transportation Agency, Division of Taxis and Accessible Services (SFMTA, DTAS); Dr. Johnson Ojo, Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Xiomara Velez, Legal Process Clerk.

 

ABSENT: Vice President Michael Garcia.

 

 

(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: Commissioner Hwang said she may have to leave the April 20, 2011 meeting by 6:45 p.m.

 

PUBLIC COMMENT: None.

 

(3)    ADOPTION OF MINUTES: 

 

Discussion and possible adoption of the March 23, 2011 minutes.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Vice President Garcia absent) to adopt the March 23, 2011 minutes.

 

SPEAKERS: None.

PUBLIC COMMENT: None.

 

(4)  APPEAL NO. 10-131

IKE’S PLACE, Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent   Subject Property Owner: DENMAN DROBISCH	3506 – 16th Street aka 282 Sanchez Street . Appealing a Notice of Violation and Penalty dated July 13, 2010, regarding an allegation of illegal commercial activities at the subject property. JURISDICTION GRANTED NOV. 17, 2010. FOR HEARING TODAY. Note: on March 23, 2011 the matter was continued to allow time for the appellant to review the subject property owner’s brief.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Garcia absent) to continue the matter to May 25, 2011 to allow Vice President Garcia to participate in the final vote.

 

SPEAKERS: Kenneth Fukuda, attorney for appellant; Ike Shehadeh, agent for appellant; Arlene Helfrich, attorney for subject property owner; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Mick Lee spoke in support of the appellant.

 

 

(5)    ADDENDUM ITEMS: 

 

(5a)    REHEARING REQUESTS: 

 

Subject property at 1468 Folsom Street.  Letter from Sean Marciniak, attorney for CBS Outdoor Inc., appellant, and a letter from Guerrero Espinoza, agent for Bay Community Housing LP, permit holder, requesting rehearing of Appeal No. 10-132, decided Feb. 09, 2011.  At that time, the Board voted 3-2 to uphold the permit on the basis that it complies with the Code, and the City did not err in issuing said permit.  Project: removal of 14’ X 23’ general advertising wall sign per DCP NOV; BPA No. 2010/10/13/2815. NOTE: Public hearing held on March 16, 2011; matter continued to allow time for the submittal of additional briefing and evidence as specified by the Board.

 

ACTION: Upon motion by Commissioner Hwang, the Board voted 3-1-1 (Commissioner Peterson dissented and Vice President Garcia absent) to deny the requests.

 

SPEAKERS: Guerrero Espinoza, agent for Bay Community Housing LP; Anthony Leones, attorney for requestor CBS Outdoor Inc.

 

PUBLIC COMMENT: None.

 

 

 

(5b)    JURISDICTION REQUESTS: 

 

Subject property at 2173 California Street .  Letter from Tim Mooring, requestor, asking that the Board take jurisdiction over BPA Nos. 2011/01/18/8485 and 2011/01/21/8757, which were issued on January 18, 2011 and January 21, 2011, respectively. The appeal periods ended February 02, 2011 and February 07, 2011, respectively, and the jurisdiction requests were received at the Board office on March 10, 2011 and March 14, 2011, respectively.  Permit Holder: California & Buchanan LLC.  Project, 1st permit: kitchen and bathroom remodel, new hardwood floor, new interior paint for nine apartment units, no structural work. Project, 2nd permit: repair siding and trim; paint exterior, new tile and paint at common areas (lobbies), new carpet and paint at common stairways, no structural work, does not affect life-safety.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 2-2-1 (President Goh and Commissioner Hwang dissented and Vice President Garcia absent) to deny the requests.  Lacking the three votes needed to pass, the motion failed.  With no further motion made, the requests were denied by operation of law.

 

SPEAKERS: Tim Mooring, requestor; Barry Scherman, agent for permit holder; Daniel Bornstein, attorney for permit holder; Joseph Duffy, DBI.

 

PUBLIC COMMENT: Joe O’Donoghue spoke in support of the permit holder.

 

(6)  APPEAL NO. 10-026

KALESILASSIE GEBRESILASSIE, Appellant(s)                         vs.   MUNICIPAL TRANSPORTATION AGENCY, DIVISION OF TAXIS AND ACCESSIBLE SERVICES, Respondent	Appealing the denial on Sept. 30, 2009, of Taxicab Medallion. JURISDICTION GRANTED MAR. 03, 2010. PUBLIC HEARING HELD AND CLOSED ON DEC. 08, 2010.  FOR FURTHER COINSIDERATION TODAY.  Note: matter continued to allow time for MTA DTAS to analyze the appellant’s waybills for 2009 and 2010; additional briefing is allowed.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Garcia absent) to continue the matter to July 20, 2011.  Three pages of additional briefing are allowed, due the Thursday prior to hearing.

 

SPEAKERS: Raymond Alexander, attorney for appellant; Jarvis Murray, MTA DTAS.

 

PUBLIC COMMENT: None.

 

 

(7)  APPEAL NO. 10-134

AVEF ABDELHLIM dba “ ASAD MARKET”, Appellant(s)                         vs.   DEPT. OF PUBLIC HEALTH, Respondent	229 – 9th Street . Appealing a twenty-five (25) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Dec. 08, 2010.  Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-10-47. FOR HEARING TODAY.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Vice President Garcia absent) to deny the appeal and uphold the department.

 

SPEAKERS: Sherry Gendelman, attorney for appellant; Suhail Abdelhalim, agent for appellant; Ehab Abdelhalim, agent for the appellant; Dr. Johnson Ojo, DPH.

 

PUBLIC COMMENT: None.

 

ADJOURNMENT.

 

There being no further business, President Goh adjourned the meeting at 7:20 p.m.