June 8, 2011
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 08, 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); Scott Sanchez Zoning Administrator (ZA); Tom Venizelos, 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: 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: None. (3) ADOPTION OF MINUTES: Discussion and possible adoption of the May 25, 2011 minutes. ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to adopt the May 25, 2011 minutes as amended. SPEAKERS: None. PUBLIC COMMENT: None. (4) ADDENDUM ITEMS: (4a) JURISDICTION REQUEST: Subject property at 757-759 Natoma Street. Letter from Raquel Fox, attorney for Cesar Zambrano et al., requestors, asking that the Board take jurisdiction over BPA No. 2010/10/27/3828, which was issued on Dec. 10, 2010. The appeal period ended on Dec. 27, 2010, and the jurisdiction request was received at the Board office on May 19, 2011. Permit Holder: Nader Heydayian. Project: convert storage to new three-car garage at 1st floor; enclose one light well at 1st floor; kitchen remodeling in all units; add one new bathroom in all units; foundation replacement; and posts removal at 1st floor. ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Hwang absent) to deny the request. SPEAKERS: Maxwell Eberitzsch, agent for appellants; Janet Brayer, attorney for permit holder; Nader Heydayian, permit holder; Tom Venizelos, DBI; Scott Sanchez, ZA. PUBLIC COMMENT: None. (5) APPEAL NO. 11-046 MOHAMED HUMRAN dba “KING MARKET”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent 94 Turk Street. Appealing a twenty-five (25) day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 24, 2011. Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-011-18. FOR HEARING TODAY. ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and reduce the suspension to twenty days. SPEAKERS: Mohamed Humran, appellant; Dr. Johnson Ojo, DPH. PUBLIC COMMENT: None. 6) APPEAL NO. 11-047 KAYED M. KAYED dba “FRISCO FITTED”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent 5009 3rd Street. Appealing a one (1) year revocation of a Permit to Operate a Tattoo and Body Piercing Parlor, imposed on March 15, 2011. Reason(s) for suspension: violation of San Francisco Health Code §258; California Penal Code §§639-653 and California Health and Safety Code §119305 . DIRECTOR’S CASE NO. BA-11-01. FOR HEARING TODAY. ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Hwang absent) to deny the appeal and uphold the one year revocation based on the Code violations set forth in the March 15, 2011 DPH Hearing Officer’s Order. SPEAKERS: Appellant did not appear; Dr. Johnson Ojo, DPH. PUBLIC COMMENT: None. (7) APPEAL NO. 11-030 ANN L. JUNG & JOHN CHEONG, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 1261-1263 Connecticut Street. Protesting the issuance on Feb. 25, 2011, to Murphy Trust, Permit to Erect a Building (two-story, storage facility with 5,000sf of ground floor area). APPLICATION NO. 200908074397S. PUBLIC HEARING HELD ON MAY 11, 2011. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to conduct settlement negotiations; additional testimony is allowed at three minutes per party. ACTION: Upon motion by Vice President Garcia, the Board voted 2-2-1 (President Goh and Commissioner Fung dissented, Commissioner Hwang absent) to deny the appeal and uphold the permit. Lacking the three votes needed to pass, the motion failed. With no further motion made, the permit is upheld by operation of law. SPEAKERS: John Cheong, appellant; Ann Jung, appellant; Michael Ware, agent for permit holder; Scott Sanchez, ZA; Tom Venizelos, DBI. PUBLIC COMMENT: Barry Taranto spoke in support of the appellants. (8) APPEAL NO. 11-051 QUINTIN MECKE III, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 401 Divisadero Street. Protesting the issuance on March 24, 2011 to John Brennan, Permit to Alter a Building (relocate exterior ATM to interior vestibule; revision to BPA No. 2010/10/18/3214). APPLICATION NO. 2011/03/21/2452. FOR HEARING TODAY. ACTION: Upon motion by Vice President Garcia, the Board voted 3-1-1 (President Goh dissented, Commissioner Hwang absent) to deny the appeal and uphold the permit on the basis that the permit complies with the Planning Code. SPEAKERS: Quintin Mecke, appellant; Christine Griffith, attorney for permit holder; Scott Sanchez, ZA. PUBLIC COMMENT: Dean Preston, Gus Hernandez, Amy Weiss, David Tornheim and Martin MacKerel spoke in support of the appellant; Owen O’Donnell, Joe O’Donoghue and Michael Musleh spoke in support of the permit holder. ITEMS (9A), (9B) & (9C) SHALL BE HEARD TOGETHER: (9A) APPEAL NO. 10-118 SINA TARASSOLY & MAIDA TAYLOR, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 207 Los Palmos Drive. Protesting the issuance on Oct. 07, 2010, to Xiang Si Lei, Permit to Erect a Building (three-story, single-family house with 1,240sf of ground floor area). APPLICATION NO. 2008/05/06/1381S. FOR HEARING TODAY. Note: On Jan. 12, 2011, the Board voted 4-0 to reschedule all three appeals to the Call of the Chair pending the outcome of a related CEQA appeal to the Board of Supervisors. (9B) APPEAL NO. 10-119 SINA TARASSOLY & MAIDA TAYLOR, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 213 Los Palmos Drive. Protesting the issuance on Oct. 07, 2010, to Xiang Si Lei, Permit to Erect a Building (three-story, single-family house with 1,303sf of ground floor area). APPLICATION NO. 2008/05/06/1387S. FOR HEARING TODAY. (9C) APPEAL NO. 10-120 SINA TARASSOLY & MAIDA TAYLOR, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 203 Los Palmos Drive. Protesting the issuance on Oct. 07, 2010, to Xiang Si Lei, Permit to Erect a Building (three-story, single-family house with 1,302sf of ground floor area). APPLICATION NO. 2008/05/06/1388S. FOR HEARING TODAY. ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Hwang absent) to deny the appeals and uphold the permits. SPEAKERS: Maida Taylor, appellant; Ed Kelly, agent for appellant; Brett Gladstone, attorney for permit holder; Jeremy Schaub, agent for permit holder; Scott Sanchez, ZA. PUBLIC COMMENT: Paul Mickelson, MJ Parker, Robert Bodlak and Carmen Marron spoke in support of the appellants. (10) APPEAL NO. V11-050 THOMAS M. BALLINGER, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent 260-264 Mullen Avenue. Protesting the granting on March 25, 2011, to Kelly Kryc et al., Lot Size Variance (adjust property line between two single-family homes to follow existing wood fence resulting in Lot 1 being 1,088sf and Lot 26 being 1,519sf, with conditions; no physical alterations). VARIANCE CASE NO. 2010.0817V. 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 variance on the basis that the Zoning Administrator did not err or abuse his discretion. SPEAKERS: Tom Ballinger, appellant; Kelly Kryc, variance holder; Daniel Frattin, attorney for variance holder; Scott Sanchez, ZA; Tom Venizelos, DBI. PUBLIC COMMENT: None. (11) APPEAL NO. 11-063 LEESA KOZEL, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 1039 Green Street. Protesting the issuance on April 06, 2011 to Bart Murphy, Permit to Alter a Building ( merge three-unit residence into two-unit residence; new four-story side yard addition; remodel each floor; top unit to include kitchen remodel and new master bathroom; lower unit to include kitchen remodel; new decks at 2nd and 3rd floors). APPLICATION NO. 2008/10/16/4303S. FOR HEARING TODAY. ACTION: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and uphold the permit, on the condition that construction may only take place Monday through Friday, 7:30 a.m. – 6:30 p.m. SPEAKERS: Leesa Kozel, appellant; Bart Murphy, permit holder; Scott Sanchez, ZA; Tom Venizelos, DBI. PUBLIC COMMENT: None. ADJOURNMENT. There being no further business, President Goh adjourned the meeting at 9:45 p.m.
