April 11, 2012
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WENESDAY, APRIL 11, 2012
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Chris Hwang, Commissioner Frank Fung, Commissioner Rich Hillis and Commissioner Arcelia Hurtado.
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 & Mapping (DPW BSM); Janine Young, Senior Environmental Health Inspector, Department of Public Health (DPH); 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 Fung announced that he will be absent from the April 25, 2012 meeting.
PUBLIC COMMENT: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the March 21, 2012 minutes. |
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ACTION: Upon motion by President Garcia, the Board voted 5-0 to adopt the March 21, 2012 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) APPEAL NO. 12-011
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ANDREW PEARCE, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
62 Collingwood Street. Protesting the issuance on Jan. 20, 2012, to Beth Leber, Permit to Alter a Building (legalize Marvin triple-pane, double-hung, aluminum clad windows that were installed without permit in Nov. 2007; six of the windows face the street; 5 of the windows face the side; replacement was done to decrease street noise and improve energy efficiency). APPLICATION NO. 2012/01/20/2596. PUBLIC HEARING HELD ON MARCH 14, 2012. FOR FURTHER CONSIDERATION TODAY. Note: additional briefing is allowed. |
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WITHDRAWN BY APPELLANT.
(5) ADDENDUM ITEMS:
(5a) REHEARING REQUEST:
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Subject property at 2701 Taylor Street. Letter from ShaSha Lewis, appellant, requesting a rehearing of Appeal No. 11-145, Lewis vs. DPW BSM, decided on Feb. 29, 2012. At that time, the Board voted 3-2 to deny the appeal and uphold the denial of the Mobile Food Facility Permit by DPW BSM on the basis stated in the DPW Order that the proposed operation is within 300 feet of an established business with the same type of food product. |
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ACTION: Upon motion by President Garcia, the Board voted 3-2 (Vice President Hwang and Commissioner Hurtado dissented) to deny the request.
SPEAKERS: ShaSha Lewis, requestor; Dr. Ola Robert Hassan, agent for requestor; John Kwong, DPW BSM.
PUBLIC COMMENT: Ghais Alqadar spoke in support of the requestor. Christine Maley-Grubl spoke in support of the department.
(5b) REHEARING REQUEST:
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Subject property at 2801 Leavenworth Street. Letter from John Kwong, agent for DPW BSM, respondent, requesting a rehearing of Appeal No. 12-003, Lewis vs. DPW BSM, decided on Feb. 29, 2012. At that time, the Board voted 4-1 to grant the appeal and overrule the denial of the Mobile Food Facility Permit by the DPW BSM on the basis that the reason for the denial has not been substantiated. |
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ACTION: Upon motion by President Garcia, the Board voted 5-0 to deny the request.
SPEAKERS: John Kwong, DPW; ShaSha Lewis, permit holder; Dr. Ola Robert Hassan, agent for permit holder.
PUBLIC COMMENT: Ghais Alqadar and Ryan (no last name given) spoke in support of the permit holder. Troy Campbell spoke in support of the department.
(5c) REHEARING REQUEST:
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Subject property at 4201- 4211 Judah Street. Letter from Andrew Zacks, attorney for Bhazubai Patel, Appellant, requesting rehearing of Appeal No(s). 97-165, Patel vs. ZA, decided Feb. 18, 1998. The appeal is protesting the issuance of a Letter of Determination to Tenderloin Housing Clinic on November 19, 1997 that finds no legal non-conforming use of the property as a tourist hotel has been established. Upon motion by Commissioner Salgado, the Board voted 1-4 (President Cullum, Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to uphold the subject determination. Lacking the three votes needed to uphold a departmental action, the motion failed. Afterwards, upon motion by Commissioner Schwartz, the Board voted 3-2 (President Cullum and Commissioner Salgado dissented) to overrule the subject determination. Lacking the four votes needed to overturn a departmental action, the motion failed, and the subject determination was upheld by operation of law. Then, on April 1, 1998, the Board considered the request for rehearing by the appellant. At that time, upon motion by Commissioner Salgado, the Board voted 2-3 (Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to deny the request for rehearing. Lacking the three votes needed to pass, the motion failed. Afterwards, upon motion by Vice President McInerney, the Board voted 3-2 to continue the matter to await action by the Superior Court. Note: With all action in Superior Court resolved, this matter was returned from the Call of the Chair calendar at the initiation of Board staff and with the consent of the parties. |
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ACTION: Upon motion by President Garcia, the Board voted 5-0 to grant the request based on there being new evidence, namely the 2002 Certificate of Use issued by the Department of Building Inspection. The new hearing will take place on June 20, 2012.
SPEAKERS: Andrew Zacks, attorney for requestor; Steve Collier, attorney for determination holder; Scott Sanchez, ZA.
PUBLIC COMMENT: Supervisor Carmen Chu, Daniel Strickler and Rick Snow spoke in support of the requestor. Daniel G. Donnelly spoke about other suitable locations in San Francisco for motels.
(6) APPEAL NO. 12-023
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TONG SUN KIM dba “MIRALOMA LIQUOR”, Appellant(s) vs.
DEPT. OF PUBLIC HEALTH, Respondent
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691 Portola Drive. Appealing a twenty (20) day suspension of a Tobacco Product Sales Establishment Permit, imposed on February 15, 2012. Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-12-09. FOR HEARING TODAY. |
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WITHDRAWN BY APPELLANT.
(7) APPEAL NO. 12-024
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RAJAI ALKHALIDI dba “EEZY FREEZY”, Appellant(s) vs.
DEPT. OF PUBLIC HEALTH, Respondent
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25 West Portal Avenue. Appealing a twenty (20) day suspension of a Tobacco Product Sales Establishment Permit, imposed on February 15, 2012. Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-12-11. FOR HEARING TODAY. |
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ACTION: Upon motion by President Garcia, the Board voted 3-2 (Commissioner Fung and Commissioner Hurtado dissented) to deny the appeal and uphold the department on the basis stated in the DPH Order.
SPEAKERS: Rajai Alkhalidi, appellant; Janine Young, DPH.
PUBLIC COMMENT: None.
(8) APPEAL NO. 12-021
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LAURIE HERRAIZ, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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395 Arkansas Street aka 1566 - 19th Street. Protesting the issuance on February 03, 2012, to Neill Sullivan, Permit to Alter a Building (complete internal remodeling; rebuild bay window and add new windows, expand existing deck). APPLICATION NO. 2012/01/26/2966. FOR HEARING TODAY. |
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ACTION: Upon motion by President Garcia, the Board voted 5-0 to continue this matter to May 9, 2012 to allow time for the permit holder to (1) confer with the neighbors on good neighbor policies; (2) confer with the Planning Department and Department of Building Inspection on Code requirements; and (3) propose modifications to the permit.
SPEAKERS: Laurie Herraiz, appellant; Susan Chastain, agent for appellant; Neill Sullivan, permit holder; Matt Baran, agent for permit holder; Scott Sanchez, ZA; Joseph Duffy, DBI.
PUBLIC COMMENT: Drew Hess spoke in support of the appellant.
ADJOURNMENT.
There being no further business, President Garcia adjourned the meeting at 8:30 p.m.
