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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 1, 2009
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Frank Fung, Vice President Tanya Peterson, Commissioner Michael Garcia, Commissioner Kendall Goh, and Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director and Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Jordanna Thigpen, Enforcement and Legal Affairs Manager, Division of Taxis and Accessible Services, San Francisco Municipal Transportation Agency (SFMTA); Carla Short, Urban Forester, Dept. of Public Works Bureau of Urban Forestry (DPW BUF); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.
(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: Ellen Tsang and Edgar Brincat spoke in regards to a call involving the property located at 2650-2652 Hyde Street, which was the subject of a closed appeal.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the June 17, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the June 17, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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A-card No. 48151 and Medallion No. 896. Letter from Tu Lam, appellant, requesting rehearing of Appeal No. 09-021, decided May 20, 2009. At that time, the Board voted 5-0 to uphold the revocation of the subject A-card and subject medallion.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to grant the rehearing request and set the rehearing for August 5, 2009.
SPEAKERS: Tu Lam, appellant; Jordanna Thigpen, SFMTA.
PUBLIC COMMENT: None.
(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 530 Liberty Street. Letter from Kare Lindahl and Larissa Belsky, requestors, asking that the Board take jurisdiction over BPA No. 2008/02/06/4169S, which was issued on Jan. 7, 2009, and for which the appeal period lapsed on Jan. 22, 2009. Permit Holder: Lisa Kinimaka. Project: two-story horizontal addition to existing two-story single family house.
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ACTION: Upon motion by Commissioner Goh, the Board voted 3 – 2 (President Fung and Commissioner Garcia dissented) to grant the jurisdiction request. Due to a lack of four (4) votes, the jurisdiction request is denied.
SPEAKERS: Jeremy Paul, agent for requestors; Lisa Kinimaka, permit holder; Brett Gladstone, attorney for permit holder; Scott Sanchez, PD; Laurence Kornfield, DBI.
PUBLIC COMMENT: Christopher Noll and Nicola Webster spoke in favor of the requestors.
(5) APPEAL NO. 09-042
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ROY SKOVER
& FRANK RODEZNO, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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Median between 300-800 Miramar Ave.
Protesting the issuance on April 20, 2009, to Westwood Park Association, Tree Removal Permit.
ORDER NO. 178,115.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Roy Skover, co-appellant; Greg Clinton, agent for permit holder; Carla Short, DPW BUF; Anita Theoharis, agent for permit holder; Richard Hill, agent for permit holder.
PUBLIC COMMENT: None.
(6) APPEAL NO. 09-043
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SCOTT & LINDA CRAWFORD, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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3365 Clay Street.
Appealing the denial on April 20, 2009, of Tree Removal Permit.
ORDER NO. 178,116.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to overrule the denial and grant the permit, on the condition that the replacement tree be a thirty-six inch (36”) box tree, and that the permit holder fund the planting of four (4) additional trees, and with findings as read into record. Due to a lack of four (4) votes, the motion failed and the denial is upheld.
SPEAKERS: Carla Short, DPW BUF; Scott Crawford, co-appellant; Linda Crawford, co-appellant.
PUBLIC COMMENT: None.
(7) SPECIAL ITEM:
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Presentation on construction plan reading by Dept. of Building Inspection staff.
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SPEAKERS: Laurence Kornfield, DBI and Scott Sanchez, PD.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 7:49 p.m.
