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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 17, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Tanya Peterson, Commissioner Kendall Goh, Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Jordanna Thigpen, Director, Taxi Commission (TC); 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: None.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Subject property at 1980 Golden Gate Avenueaka 800-808 Lyon Street. Letter from Andrew Zacks, attorney for permit holder, requesting rehearing of Appeal No. 08-052. On Oct. 15, 2008, the Board voted 4-1 (Commissioner Peterson dissented) to revoke the subject permit. And on Nov. 19, 2008, the Board voted 4-1 (Commissioner Peterson dissented) to adopt the findings as amended. Permit Holder: Prana Eight Properties LLC. Project: comply with SFFD BFP NOV and DBI HIS NOV regarding existing deck and 2nd means of egress; new window; provide fire escape to provide 2nd means of egress; BPA No. 2008/02/05/3995.
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ACTION: Upon motion by Vice President Fung, the Board voted 4 – 1 (President Garcia dissented) to deny the request for rehearing.
SPEAKERS: Andrew Zachs, attorney for permit holder; Pat Buscovich, agent for permit holder; Raquel Fox, attorney for appellant; Laurence Kornfield, DBI; Scott Sanchez, PD.
PUBLIC COMMENT: Kurt Mueller, Marianne Beck, and Phil Head spoke in favor of the appellants, tenants at 800 – 808 Lyon Street.
(5) APPEAL NO. 08-154
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SAYED BASHIR RAHIMI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on Sept. 24, 2008, of A-card No. 62705 and medallion No. 1135.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to uphold both revocations, of A-card No. 62705 and medallion No. 1135.
SPEAKERS: Ligia Parmenter, attorney for appellant; Jordanna Thigpen, TC; Sgt. Ron Reynolds, SFPD.
PUBLIC COMMENT: Richard Hybels, Emma Perez, Horace Macarter, Boris Canada, Elizabeth Mingle, Laura Rigney, and Barry Taranto spoke in favor of the Taxi Commission.
(6) APPEAL NO. 08-156
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AZZAM ENNAZER, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on Sept. 24, 2008, of medallion No. 431.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to continue the matter to February 18, 2009, with the public hearing held and closed, to allow time for both parties to submit additional briefs, up to 5 pages, due Thursday, prior to the hearing.
SPEAKERS: Jordanna Thigpen, TC; Sgt. Ron Reynolds, SFPD; Geoffrey Rothwein, attorney for appellant.
PUBLIC COMMENT: Mike Dajani, Fadel Zaru, Peter Saidawi, and Hussein Bakir spoke in favor of appellant.
(7) APPEAL NO. 08-008
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OMNIPOINT COMMUNICATIONS
dba “T-MOBILE”, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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201 Filbert Street.
Appealing the suspension on Jan. 8, 2008, of BPA No. 2007/08/31/1513. Reasons for suspension: the subject permit was not routed to the Planning Department for the required review.
FOR HEARING TODAY.
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ACTION: Withdrawn by appellant.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. V08-157
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DONALD & ELSA LUBGUBAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1813 Church Street.
Appealing the denial on Oct. 1, 2008, of Rear Yard Variance (construct a two-story addition at the rear of existing building).
VARIANCE CASE NO. 2008.0508V.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to continue the matter to February 18, 2009, with the public hearing held and closed, to allow time for the appellant to confer with the Zoning Administrator on alternative options.
SPEAKERS: Scott Sanchez, PD; Javier Solorzano, agent for appellant.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Garcia adjourned the meeting at 8:12pm
