February 9, 2011
BOARD OF APPEALS
CITY & COUNTY OF
MEETING MINUTES - WEDNESDAY, FEB. 09, 2011
5:00 P.M., CITY HALL, ROOM 416,
PRESENT: President Kendall Goh, Vice President Michael Garcia, Commissioner Frank Fung, Commissioner Chris Hwang and Commissioner Tanya Peterson.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director, Department of Building Inspection (DBI); Dan Sider, Senior Planner, Planning Department (PD); Scott Sanchez, Zoning Administrator (ZA); Jarvis Murray, San Francisco Municipal Transportation Agency, Division of Taxis and Accessible Services (SFMTA, DTAS); Dr. Johson Ojo, Department of Public Health; Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
(1) PUBLIC COMMENT:
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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. |
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SPEAKERS: None.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: Commissioner Peterson announced that she may have to miss the March 9, 2011 meeting. Vice President Garcia announced that he also may have to miss the March 9, 2011 meeting.
PUBLIC COMMENT: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the Jan. 26, 2011 minutes. |
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ACTION: Upon motion by President Goh, the Board voted 5-0 to adopt the January 26, 2011 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST:
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Subject property at 2350 Broadway. Letter from John Sanger, attorney for Adam Rubinson, requestor, asking that the Board take jurisdiction over BPA No. 2010/09/27/1718, which was issued on Nov. 15, 2010. The appeal period ended on Nov. 30, 2010, and the jurisdiction request was received at the Board office on Jan. 12, 2011. Permit Holder: Michael Bykhovsky. Project: complete interior renovation; replace in-kind all exterior street façade windows with new insul units to match; infill east light well at 3rd and 4th floors; excavate basement/crawl for new basement floor at rear; remodel all floors; provide new interior stairs; new skylights at roof. |
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ACTION: WITHDRAWN BY REQUESTOR.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4b) ADOPTION OF FINDINGS:
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Subject property at |
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to adopt the findings as amended: deleting paragraph 4(f) and revising paragraph 4(h).
SPEAKERS:
PUBLIC COMMENT: Ed Breslin, Shona Gochenan, Denise Dorey, Kerrigan Logan, Timothy Hawkins, Theresa Cooper, Michael Goldman, Gregory Ledbetter, Evan Cross, Mat Leroy, Albert Blais, John Stone, Henry J.W., Jonathan Beaver, Cora Glenn, Christine Moyer, Paul Hansbury, Mike Pearson, Mike Hinkle, Elliott Wright, Jeffrey Dupuis, Jae Sohn, Lamar Marshall, Dominique Jones and Andrew Kushibiki spoke in support of the permit holder.
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GERMAN SINITSYN, Appellant(s) vs. MUNICIPAL TRANSPORTATION AGENCY, DIVISION OF TAXIS AND ACCESSIBLE SERVICES, Respondent |
Appealing the denial on Aug. 16, 2010, of Regular Taxi Medallion. PUBLIC HEARING HELD AND CLOSED ON OCT. 20, 2010. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for parties to submit additional info pursuant to the Board’s comments; additional briefing is allowed. |
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ACTION: Upon motion by Commissioner Fung, the Board voted 3-2 (President Goh and Commissioner Hwang dissented) to grant the appeal, overrule the department and direct MTA to issue the medallion, with findings to be adopted at a later time. Lacking the four votes needed to pass, the motion failed. With no further motion made, the departmental determination was upheld as a matter of law.
SPEAKERS: Jarvis Murray, MTA DTAS; German Sinitsyn, appellant.
PUBLIC COMMENT: Martin Smith spoke in support of the appellant.
(6) APPEAL NO. 10-135
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MAKANNA ASKANDAFI dba “ PEARL MARKET”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent |
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. |
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ACTION: Upon motion by President Goh, the Board voted 5-0 to reschedule this matter to February 16, 2011.
SPEAKERS: None.
PUBLIC COMMENT: None.
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.
ACTION: Upon motion by President Goh, the Board voted 5-0 to reschedule the matter to February 16, 2011.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. 10-132
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CBS OUTDOOR INC., Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
1468 Folsom Street. Protesting the issuance on Nov. 24, 2010, to Bay Community Housing LP, Permit to Alter a Building (removal of 14’ X 23’ general advertising wall sign per DCP NOV). APPLICATION NO. 2010/10/13/2815. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Fung, the Board voted 3-2 (Vice President Garcia and Commissioner Peterson dissented) to deny the appeal and uphold the department on the basis that the permit complies with the Planning and Building Codes and the department did not err in issuing it.
SPEAKERS: Anthony
PUBLIC COMMENT: None.
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VIRGINIA RAMOS, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
3175 – Protesting the issuance on Dec. 14, 2009, Permit to Alter a Building (voluntary removal of 6’ X 12’ freestanding advertising sign; property owner consent attached). APPLICATION NO. 2009/11/12/1004. JURISDICTION GRANTED DEC. 08, 2010. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Garcia, the Board voted 2-3 (President Goh, Commissioner Fung and Commissioner Hwang dissented) to grant the appeal and overturn the department with findings to be adopted at a later time. Lacking the four votes needed to pass, the motion failed. With no further motion made, the departmental determination was upheld as a matter of law.
SPEAKERS: Jana Farrell, agent for appellant; Anthony Leones, attorney for permit holder; Dan Sider, PD.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Goh adjourned the meeting at 7:40 p.m.
