February 16, 2011
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, FEB. 16, 2011 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 Feb. 09, 2011 minutes. (4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST: Subject property at 1269 Lombard Street. Letter from F. Joseph Butler, co-appellant, requesting rehearing of Appeal No. V10-110, Horvers & Butler vs. ZA, decided Dec. 15, 2010. At that time, the Board voted 4-1 to uphold the granting of the Front Setback and Rear Yard Variances (demolish existing two-story single-family building and construct two new buildings at front and rear of lot); variance case no. 2009.0443V. Variance Holder: Tom Burwell. (4b) REHEARING REQUEST: Subject property at 281 Turk Street. Letter from Shaughn Morgan, agent for Housing Corps. Inc., appellant, requesting rehearing of Appeal No. 10-073, decided Jan. 19, 2011. At that time, the Board voted 2-3 to uphold the permit. Four (4) votes being required to overturn any departmental action, the subject permit was upheld. Permit Holder: Bay Drugs LLC. Project: remodel bath, heating, upgrade electrical, partition walls; replace ceiling tile in grid; all work at commercial unit; vacant locksmith to pharmacy; BPA No. 2010/05/21/2975.
(5) APPEAL NO. 10-076 RAYMOND BERRIOS, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 750 Andover Street. Protesting the issuance on July 02, 2010, to Jose Berrios, Electrical Permit (one circuit – rear yard compressor). APPLICATION NO. E2010/07/02/8548. PUBLIC HEARINGS HELD AND CLOSED ON OCT. 06, 2010 AND DEC. 15, 2010. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for the permit holder to conduct additional acoustical tests, and to review all permit issues; additional briefing is allowed. (6) APPEAL NO. 10-135 MAKANNA ASKANDAFI dba “ PEARL MARKET”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent 1201 Divisadero Street. Appealing a forty-five (45) - 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-10-54. FOR HEARING TODAY. (6a) CLOSED SESSION (anticipated to last no more than 10 minutes): MAKANNA ASKANDAFI dba “PEARL MARKET” 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. (7) APPEAL NO. 10-140 PEI XIA FUNG dba “VARIETY CONVENIENCE STORE”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent 1546 Market 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-10-48. FOR HEARING TODAY. (8) APPEAL NO. 10-141 ABDELHALIM FADI dba “HOUSE OF CIGARETTES”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent 912 Geneva Avenue. 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-10-49. FOR HEARING TODAY. (8a) CLOSED SESSION (anticipated to last no more than 10 minutes): ABDELHALIM FADI dba “HOUSE OF CIGARRETTES vs. DPH 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. (9) APPEAL NO. 10-142 “JACK’S MARKET”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent 471 – 3rd 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-10-50. FOR HEARING TODAY. (10) APPEAL NO. 10-144 DAVID GLEBA, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 3975 – 19th Street. Protesting the issuance on Dec. 20, 2010, to Lars Dalgaard, Permit to Alter a Building (new roof deck including new stair and stair structure; new east balcony; new sliding door at Unit 2 / 3rd floor and transom; new window and door at Unit 2 / 3rd floor). APPLICATION NO. 2010/05/28/3502S. FOR HEARING TODAY. (11) ADOPTION OF BUDGET: Discussion and possible adoption of the departmental budget for fiscal year 2011-2012 which begins on July 01, 2011 and ends on June 30, 2012. 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) Departmental decision, order, permit, determination, resolution, or notice of violation; and 4) 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: February 11, 2011
MEMBERS OF THE BOARD OF APPEALS
KENDALL GOH PRESIDENT MICHAEL GARCIA VICE PRESIDENT FRANK FUNG COMMISSIONER CHRIS HWANG COMMISSIONER TANYA PETERSON COMMISSIONER PROCEDURE AT HEARINGS Except when the Presiding Officer finds good cause to order the presentations otherwise, the order of presentation of an appeal shall be as follows: (a) In all cases, the appellant shall speak first and shall be allowed seven minutes to present relevant testimony and evidence. Then the permit holder, representatives of the department, board, commission or person from whose order the appeal is taken, and/or other parties, shall be allowed seven minutes for presentation of relevant testimony and evidence. Three minutes for rebuttal shall be provided to all parties in this same order; (b) In all cases, the Board may request a departmental response at its own discretion. Other persons desiring to speak before the Board on an appeal may speak once for up to three minutes, unless the presiding officer further limits time uniformly. SPECIAL NOTES In the event that a matter is continued to a specific date by the presiding officer and announced to the parties in the hearing room, no additional mailed notice will be sent. Please call the Board office at 575-6880 for scheduling or other information during regular business hours, or visit our website at www.sfgov.org/boa The complete Rules of the Board are available for review at the Board office, and on our website. Material submitted by the public for Board review prior to a scheduled hearing before the Board, should be addressed to the Board President, and be received at the Board office, 1650 Mission Street, Room 304, no later than 4:00 p.m. two Thursdays prior to the scheduled public hearing. Persons unable to attend the scheduled public hearing may submit written comments regarding a calendared item to the Board office. Comments received before noon on the day of the hearing will be made a part of the official record and will be brought to the attention of the Board at the public hearing. For complete distribution to all Commissioners of the Board, necessary staff and case files, submit an original and ten copies. Please note that names and addresses included in these submittals will become part of the pubic record. Submittals may be made anonymously. Pursuant to Government Code § 65009, if you challenge, in court, the approval of a variance or development permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Appeals at, or prior to, the public hearing. Calendared items are sometimes withdrawn or rescheduled the day of hearing, or are taken out of order to accommodate special needs. The Board urges all parties to be present in the hearing room from 5:00 p.m. so that everyone has an opportunity to participate in the relevant public hearing when it is called. The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices. ACCESSIBILITY INFORMATION American sign language interpreters and/or sound enhancement system will be available upon request by contacting Board staff at 575-6880 at least 48 hours prior to the hearing. Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call the accessibility hotline at 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals. The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets. Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F line. Accessible MUNI Metro lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force: by mail to Administrator, Sunshine Ordinance Task Force, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; or by e-mail at sotf@sfgov.org. Citizens interested in obtaining a free copy of the Sunshine Ordinance may request a copy from the Sunshine Ordinance Task Force Administrator or by printing Chapter 67 of the San Francisco Administrative Code on the internet at www.sfgov.org/sunshine/.
LOBBYING ACTIVITY Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code § 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics.
SUGGESTIONS TO IMPROVE EFFICIENCY
The Board welcomes suggestions from the public regarding improvement of the efficiency of its operations. Please direct your comments and suggestions to Board staff, at 415-575-6880 or fax 415-575-6885. A customer satisfaction survey form is available at the meetings, the Board office, and on the Board’s web site, www.sfgov.org/boa.
DVD’S OF MEETINGS
DVD’s of meetings may be obtained from SFGTV, Channels 26 & 78. Please telephone 415-554-4188 for information. BOARD OF APPEALS CITY & COUNTY OF SAN FRANCISCO 1650 Mission Street, Room 304 San Francisco, California 94103
PROHIBITION OF SOUND-PRODUCING ELECTRONIC DEVICES
