February 16, 2011

BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, FEB. 16, 2011

 

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

ONE DR. CARLTON B. GOODLETT PLACE

 

PRESENT: President Kendall Goh, Vice President Michael Garcia, Commissioner Frank Fung and Commissioner Tanya Peterson.

 

Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director, Department of Building Inspection (DBI); Scott Sanchez, Zoning Administrator; Dr. Johnson Ojo, Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; and Xiomara Velez, Legal Process Clerk.

 

ABSENT: Commissioner Chris Hwang.

 

 

(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:  President Goh announced she will be absent from the Board meetings on June 15 and 29, and July 13.  Vice President Garcia announced he will be absent from the April 6 meeting.

 

PUBLIC COMMENT: None.

 

 

(3)    ADOPTION OF MINUTES: 

 

Discussion and possible adoption of the Feb. 09, 2011 minutes.

 

ACTION:  Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to adopt the February 9, 2011 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

(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.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 3-1-1 (President Goh dissented and Commissoner Hwang absent) to deny the request.

 

SPEAKERS: Joseph Butler, requestor; Brett Gladstone, attorney for variance holder; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Carol Ann Rogers spoke in support of the variance holder.

 

(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.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to designate the court reporter’s transcript as the official record of this hearing.  Upon further motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to reschedule this matter to March 9, 2011.  Additional briefing is allowed at five pages, appellant’s brief is due two Thursdays prior to the hearing and permit holder’s brief is due one Thursday prior to the hearing.

 

SPEAKERS: David Waggoner, attorney for requestor; Diana Sam, attorney for permit holder.

 

PUBLIC COMMENT: Sunny Angulo spoke in support of the appellant.

 

 

(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.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and deny the permit.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

(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.

 

ACTION: Upon motion by Commissioner Peterson, the Board voted 4-0-1 (Commissioner Hwang absent) to deny the appeal and uphold the department.

SPEAKERS: Basih Askandafi, agent for appellant; Mohsin Almosewi, agent for appellant; Dr. Johnson Ojo, DPH.

PUBLIC COMMENT: None.

 

 

 

(6a) CLOSED SESSION (anticipated to last no more than 10 minutes):

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to convene in closed session.  Upon further motion by Vice President Garcia, the Board voted 4-0-1 to not disclose the contents of the closed session.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

(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.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to accept a supplemental declaration from DPH.  Upon further motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and modify the suspension to 15 days.

 

SPEAKERS: Pei Xia Fung, appellant; Dr. Johnson Ojo, DPH.

 

PUBLIC COMMENT: None.

 

(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.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and modify the suspension to 20 days.

 

SPEAKERS: Sherry Gendelman, attorney for appellant; Abdelhalim Fadi, appellant; Dr. Johnson Ojo, DPH.

 

PUBLIC COMMENT: None.

 

(8a) CLOSED SESSION (anticipated to last no more than 10 minutes):

 

ACTION: The Board did not convene in 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.

 

ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and modify the suspension to 20 days.

 

SPEAKERS: Christie Mohammed, agent for appellant; Dr. Johnson Ojo, DPH.

 

PUBLIC COMMENT: None.

 

(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.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and condition the permit on the settlement letter submitted by the appellant and permit holder dated February 9, 2011.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

(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.

 

ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to adopt the proposed budget for fiscal year 2011-2012.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

ADJOURNMENT.

 

There being no further business, President Goh adjourned the meeting at 7:25 p.m.