June 22, 2011
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 22, 2011
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE PRESENT: 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); Scott Sanchez, Zoning Administrator (ZA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Dr. Johnson Ojo, Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant. ABSENT: President Kendall Goh. (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: None.
(3) ADOPTION OF MINUTES: Discussion and possible adoption of the June 08, 2011 minutes.
ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (President Goh absent) to adopt the June 8, 2011 minutes. SPEAKERS: None. PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST: Subject property at 249 Cortland Avenue. Letter from Antoinette Lama, appellant, requesting rehearing of Appeal No. 11-034, Lama dba “Chuck’s Store” vs. DPH, decided on May 18, 2011. At that time, the Board voted 4-0 to grant the appeal, and reduce the suspension of the tobacco sales permit to twenty (20) days. ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (President Goh absent) to deny the rehearing request. SPEAKERS: Antoinette Lama, requestor; Dr. Johnson Ojo, DPH. PUBLIC COMMENT: Barbara Thomson spoke in support of the requestor. (4b) REHEARING REQUEST: Subject property at 1524 Silver Avenue. Letter from Raed Yaser, appellant, requesting rehearing of Appeal No. 11-037, Yaser dba “White Palace Liquor” vs. DPH, decided on May 18, 2011. At that time, the Board voted 3-1 to deny the appeal, and uphold the 25-day suspension of the tobacco sales permit. ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (President Goh absent) to deny the rehearing request. SPEAKERS: Raed Yaser, requestor; Dr. Johnson Ojo, DPH. PUBLIC COMMENT: Barbara Thomson spoke in support of the requestor. (4c) JURISDICTION REQUEST: Subject property at 262 Madison Street. Letter from Joseph Avendano, requestor, asking that the Board take jurisdiction over BPA No. 2007/11/07/7585, which was issued on April 15, 2011. The appeal period expired on May 02, 2011 and the jurisdiction request was received at the Board office on June 03, 2011. Permit Holder: Ezio Gagliardi. Project: construct three-story single family dwelling. ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (President Goh absent) to deny the jurisdiction request. SPEAKERS: Ezio Gagliardi, permit holder; Scott Sanchez, ZA; the requestor did not appear. PUBLIC COMMENT: None. (5) APPEAL NO. 11-029 ARTHUR & LOUISE PATTERSON, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 3355 Pacific Avenue. Protesting the issuance on Feb. 25, 2011, to Jeffrey Ubben, Permit to Alter a Building (new roof top deck, new stair and stair enclosure, new skylight on roof, no interior construction). APPLICATION NO. 201006285457S. FOR HEARING TODAY. ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (President Goh absent) to reschedule this matter to July 13, 2011 at the mutual request of the parties. SPEAKERS: None. PUBLIC COMMENT: None. (6) APPEAL NO. 11-056 GOLDEN GATE VALLEY NEIGHBORHOOD ASSOC., SHIRLEY JACOBS, JEFFERY LEE & MEGAN CHECHILE, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 1787 Union Street. Protesting the issuance on April 04, 2011 to KAP Investment LLC, Permit to Alter a Building (revision to BPA No. 2010/02/02/5765 for exterior patio and submitting Planning Code §312 notification for new patio). APPLICATION NO. 2010/06/04/3920. FOR HEARING TODAY.
ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (President Goh absent) to continue this matter to August 10, 2011, to allow the permit holder time to undertake a technical analysis of the noise levels generated by his business and to come back to the Board with proposed mitigation measures. Additional briefing is allowed at six pages per party with unlimited exhibits. Permit holder’s brief is due July 28, 2011 and appellant’s brief is due August 4, 2011. SPEAKERS: Megan Chechile, appellant; Jeffrey Lee, appellant; Alix Rosenthal, attorney for permit holder; Darren Matte, agent for permit holder; Scott Sanchez, ZA. PUBLIC COMMENT: Terry Morrison, Jerry Czember, Alex Wagstaff, Louis Legnitto, Sherry Kramm, Melinda Cardwell, Jim Connelly, Donna Morrison, Joan Wood and Patricia Vaughey spoke in support of the appellant. Josh Spiegelman, Benjamin Stafford, Marc St. Raymond, Matt Seliga, Dina Eppley and Aneel Ranadine spoke in support of the permit holder. ADJOURNMENT. There being no further business, Vice President Garcia adjourned the meeting at 7:42 p.m.
