October 17, 2012
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 17, 2012
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Chris Hwang, Vice President Frank Fung, Commissioner Arcelia Hurtado and Commissioner Ann Lazarus.
Robert Bryan, Deputy City Attorney, Office of the City Attorney (OCA); Scott Sanchez, Zoning Administrator (ZA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Larry Kessler, Environmental Health Section, 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: None.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: Commissioner Hurtado announced that she would need to leave the meeting at 7:00 p.m. President Hwang announced that she may not be able to attend the Board’s October 24, 2012 meeting.
PUBLIC COMMENT: None.
(3) ADOPTION OF MINUTES:
|
Discussion and possible adoption of the October 10, 2012 minutes. |
|---|
ACTION: Upon motion by President Hwang, the Board voted 4-0 to adopt the October 10, 2012 minutes.
PUBLIC COMMENT: None.
(4) APPEAL NO. 12-100
|
KWIK AND CONVENIENT, Appellant(s) vs.
DEPT. OF PUBLIC HEALTH, Respondent
|
600 Monterey Blvd. Appealing the thirty (30) day suspension of Tobacco Sales Permit, imposed on August 09, 2012. Reason for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. 1208086. FOR HEARING TODAY. |
|---|
ACTION: Upon motion by Vice President Fung, the Board voted 3-1 (President Hwang dissented) to grant the appeal and reduce the suspension to 25 days.
SPEAKERS: Howard Hibbard, attorney for appellant; Larry Kessler, DPH.
PUBLIC COMMENT: None.
(5) APPEAL NO. 12-104
|
BASHIR SHAHIN dba “MARRAKECH MOROCCAN RESTAURANT”, Appellant(s) vs.
DEPT. OF PUBLIC HEALTH, Respondent
|
419 O’Farrell Street. Appealing the thirty (30) day suspension of Tobacco Sales Permit, imposed on August 15, 2012. Reason for suspension: violation of State law and the San Francisco Health Code which prohibit the indoor smoking of tobacco products. DIRECTOR’S CASE NO. SMK12-09. FOR HEARING TODAY. |
|---|
ACTION: Upon motion by Commissioner Lazarus, the Board voted 4-0 to continue the appeal to December 5, 2012 at the request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 12-102
|
AHMAD AL SURAIDEH, Appellant(s) vs.
MUNICIPAL TRANSPORTATION AGENCY DIVISION OF TAXIS & ACCESIBLE SERVICES, Respondent |
Appealing the denial on August 17, 2012, of Ramp Taxi Medallion. FOR HEARING TODAY. |
|---|
ACTION: The matter was withdrawn prior to hearing.
(7) APPEAL NO. 12-103
|
PAUL IANTORNO, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1123 Folsom Street. Appealing the imposition of penalty on August 09, 2012, for construction work done without a permit. APPLICATION NO. 2012/04/12/8157. |
|---|
ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to continue the appeal to November 7, 2012 to allow time for the parties to discuss resolution and for DBI to conduct additional research.
SPEAKERS: Paul Iantorno, appellant; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
ITEMS (8A) & (8B) SHALL WERE HEARD TOGETHER:
(8A) APPEAL NO. 12-090
|
CAROL SELIGMAN, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
|
2705 Larkin Street. Protesting the issuance on July 27, 2012, to Peter Fenton, Permit to Alter a Building (demolish rear wall; build new horizontal addition at rear while conforming to Residential Design Guidelines by stepping back in two directions). APPLICATION NO. 2010/12/27/7441S. |
|---|
(8B) APPEAL NO. 12-091
|
JIM STAFFORD, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
|
2705 Larkin Street. Protesting the issuance on July 27, 2012, to Peter Fenton, Permit to Alter a Building (demolish rear wall; build new horizontal addition at rear while conforming to Residential Design Guidelines by stepping back in two directions). APPLICATION NO. 2010/12/27/7441S. |
|---|
ACTION: Upon motion by Vice President Fung, the Board voted 4-0 to deny both appeals and uphold the permit on the basis that it is Code compliant.
SPEAKERS: Howard Ellman, attorney for appellants; Mark Mooney, agent for appellants; Pat Buscovich, agent for appellants; Mary Murphy, attorney for permit holder; Olle Lundberg, agent for permit holder; Lev Bereznycky, agent for permit holder; Jeff Maddox, agent for permit holder; Wayne Hu, agent for permit holder; Joseph Duffy, DBI; Scott Sanchez, ZA.
PUBLIC COMMENT: None.
ITEMS (9A), (9B), (9C) & (9D) WERE HEARD TOGETHER:
(9A) APPEAL NO. 12-105
|
JOSH BLEECHER SNYDER, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
|
530 Sanchez Street. Protesting the issuance on August 20, 2012, to Brendan Fox, Permit to Demolish a Building (two-story, single-family dwelling with 1,083sf of ground floor area). APPLICATION NO. 2005/05/03/1416. |
|---|
(9B) APPEAL NO. 12-106
|
JOSH BLEECHER SNYDER, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
|
530 Sanchez Street. Protesting the issuance on August 20, 2012, to Brendan Fox, Permit to Erect a Building (four-story, two-unit building with 1,413sf of ground floor area). APPLICATION NO. 2005/05/03/1415S. |
|---|
(9C) APPEAL NO. 12-107
|
DENNIS STEWART, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
|
530 Sanchez Street. Protesting the issuance on August 20, 2012, to Brendan Fox, Permit to Demolish a Building (two-story, single-family dwelling with 1,083sf of ground floor area). APPLICATION NO. 2005/05/03/1416. |
|---|
(9D) APPEAL NO. 12-108
|
DENNIS STEWART Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
|
530 Sanchez Street. Protesting the issuance on August 20, 2012, to Brendan Fox, Permit to Erect a Building (four-story, two-unit building with 1,413sf of ground floor area). APPLICATION NO. 2005/05/03/1415S. |
|---|
ACTION: Upon motion by President Hwang, the Board voted 3-0-1 (Commissioner Hurtado absent) to continue all matters to October 24, 2012 to allow Commissioner Hurtado to participate in the vote.
SPEAKERS: Josh Bleecher Synder, appellant; Dennis Stewart, appellant; Lucian Blazej, agent for permit holder; Scott Sanchez, ZA.
PUBLIC COMMENT: George Knuepfel, Karen Randall and Lance Carnes spoke in support of the appellant. Mel Murphy, Seamus Collins and Luke O’Brien spoke in support of the permit holder.
ADJOURNMENT.
There being no further business, President Hwang adjourned the meeting at 8:22 p.m.
