May 25, 2011

BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

MEETING MINUTES - WEDNESDAY, MAY 25, 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, 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); John Kwong, Department of Public Works, Bureau of Street Use and Mapping (DPW, BSM); Richard Lee, Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

 

 

(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: Barbara Thomson spoke about the Board’s adherence to its Rules, Robert’s Rules of Order and the San Francisco Charter, and requested that the Board Comply with these measures.  She provided a written copy of her statement for the Board’s records.

 

 

(2)    COMMISSIONER COMMENTS & QUESTIONS: 

 

SPEAKERS: None.

 

 

(3)    ADOPTION OF MINUTES: 

 

Discussion and possible adoption of the May 18, 2011 minutes.

 

ACTION: Upon motion by President Goh, the Board voted 5-0 to adopt the May 18, 2011 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

 

(4)    ADDENDUM ITEMS: 

 

(4a)    JURISDICTION REQUEST: 

 

Subject property at 3382 Clay Street .  Letter from Jonathan Sacks and Evelyn Louie, requestors, asking that the Board take jurisdiction over BPA No. 2009/12/18/3506S, which was issued on July 06, 2010.  The appeal period ended on July 21, 2010, and the jurisdiction request was received at the Board office on May 03, 2011.  Permit Holder: Peter Mezey.  Project: elevator hoistway and elevator at rear/side of structure; relocate jome ladder to north corner of building.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 3-2 (President Goh and Commissioner Fung dissented) to deny the request.

 

SPEAKERS: Jonathan Sacks, requestor; Steve Vettel, attorney for permit holder; Peter Mezey, permit holder; Joseph Duffy, DBI.

 

PUBLIC COMMENT: None.

 

 

(5)  APPEAL NO. 11-036

ABDO SALEH dba “ISLAND MARKET DELI”, Appellant(s)                         vs.   DEPT. OF PUBLIC HEALTH, Respondent	2 Avenue of the Palms, Bldg. 146, Treasure Island. Appealing a twenty-five (25) day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 09, 2011.  Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-011-17. FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 3-2 (President Goh and Commissioner Hwang dissented) to grant the appeal and reduce the suspension to 20 days.  Lacking the four votes needed to pass, the motion failed.  With no further motion made, the twenty-five day suspension is upheld by operation of law.

 

SPEAKERS: Roni Rotholz, attorney for permit holder; Richard Lee, DPH.

 

PUBLIC COMMENT: None.

 

 

(6)  APPEAL NO. 10-126

RICHARD RABBITT, Appellant(s)                         vs.   DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE MAPPING,                                                      Respondent

Golden Gate Avenue (fronting baseball field). Protesting the issuance on Oct. 29, 2010, to University of San Francisco, Minor Sidewalk Encroachment Permit (chain fence and retaining wall encroaching 6 feet onto the sidewalk right of way for a distance of 389 feet). PERMIT NO. 10MSE-0373. PUBLIC HEARING HELD ON JAN. 19, 2011.  FOR FURTHER CONSIDERATION TODAY.  Note: On Jan. 19, 2011 the matter was continued to allow time for DPW to submit additional information pursuant to the Board’s comments. On March 23, 2011 the matter was continued further to allow time for the permit holder (USF) to provide the Board with copies of permits obtained for the retaining wall constructed in 2004 and the trees removed in association with this construction; permit holder may submit additional briefing of up to two pages.

 

ACTION: Upon motion by Commissioner Hwang, the Board voted 5-0 to continue this matter to June 29, 2011 to allow the parties time to further discuss settlement.

 

SPEAKERS: Harry O’Brien, attorney for permit holder; Richard Rabbitt, appellant; John Kwong, DPW, BSM.

 

PUBLIC COMMENT: Kris Schaeffer, Martin MacIntyre and Jeanne Quock spoke in support of the appellant.

 

 

(7)  APPEAL NO. 10-131

IKE’S PLACE, Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent   Subject Property Owner: DENMAN DROBISCH

3506 – 16th Street aka 282 Sanchez Street . Appealing a Notice of Violation and Penalty dated July 13, 2010, regarding an allegation of illegal commercial activities at the subject property. JURISDICTION GRANTED NOV. 17, 2010. PUBLIC HEARING HELD ON APRIL 06, 2011. FOR FURTHER CONSIDERATION TODAY. Note: on March 23, 2011 the matter was continued to allow time for the appellant to review the subject property owner’s brief. On April 06, 2011 the matter was continued further so that the missing Commissioner could participate in the final vote.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Fung dissented) to grant the appeal and reduce the penalty to $150 per day.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

(8)  APPEAL NO. V11-035

VICTORIA RIDEOUT & LORRAINE ANDERSON, Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent	161-165 Newman Street . Appealing the denial on March 15, 2011, of   Lot Area, Rear Yard and Usable Open Space Variances (subdivide subject lot into two individual lots; improve each lot with a single-family dwelling; demolition and reconstruction of existing stairway). VARIANCE CASE NO. 2010.0467V. FOR HEARING TODAY.

 

ACTION: Upon motion by Vice President Garcia, the Board voted 4-1 (President Goh dissented) to grant the appeal and overturn the Zoning Administrator on the condition that a Notice of Special Restrictions be recorded on the land records for the property to require that (1) both properties be limited to single family dwellings; and (2) there be no envelope expansion.  Findings are to be adopted at a later time, including a finding that the Zoning Administrator erred or abused his discretion.

 

SPEAKERS: Victoria Rideout, appellant; Lorraine Anderson, appellant; Scott Sanchez, ZA.

 

PUBLIC COMMENT: Andre Rothblatt, Anne Cesar and Brian Kurtz spoke in support of the appellants.

 

ADJOURNMENT.

 

There being no further business, President Goh adjourned the meeting at 7:30 p.m.