2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 12, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Kathleen Harrington, Vice President Hisashi Sugaya, Commissioner Frank Fung, Commissioner Sabrina Saunders, and Commissioner Randall Knox.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Lawrence Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(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) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) INCOMPATIBLE ACTIVITES STATEMENT:
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Public hearing, discussion and adoption of the Board of Appeals’ Incompatible Activities Statement as required by the San Francisco Campaign and Governmental Conduct Code § 3.218. Copies are available at the Board office. Please address comments to Executive Secretary Robert Feldman, Board of Appeals, 1660 Mission Street #3036, SF, CA 94103. Telephone (415) 575-6880, fax (415) 575-6885, or email at robert.feldman@sfgov.org.
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ACTION: Upon motion by President Harrington, the Board voted 5-0 to continue the matter to February 2, 2005.
(4) ADDENDUM ITEMS:
(4A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 110 Romain Street. Permit issued on July 23, 2004. Last day to appeal was Aug. 9, 2004. Jurisdiction request received on Nov. 10, 2004. Letter from Steve Atkinson, attorney for Bruce Massarsky, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/07/23/9697. Permit Holder(s): Jane Wales & Scott Blaze. Project: renew expired Building Permit Application No(s). 2001/11/28/4075S (roof deck under 400sf) and complete work.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 5-0 to deny jurisdiction.
LIST OF PARTIES: Bruce Massarsky, requestor; Steve Atkinson, attorney for requestor; Scott Emblidge, attorney for permit holder.
(4B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 685 Sutter Street. Entertainment Commission approved a conditional grant of a place of entertainment permit on August 17, 2004. Last day to appeal was August 27, 2004. Jurisdiction request received on December 3, 2004. Letter from Tom Ferriole, requestor(s), asking that the Board take jurisdiction over the afore-mentioned place of entertainment permit. Permit Holder(s): Keith Goodman dba “The Cellar.”
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ACTION: (1) Upon motion by President Harrington, the Board voted 4-0 to recuse Vice President Sugaya. (2) Upon motin by Commissioner Knox, the Board voted 3-1-1 (Commissioner Fung dissented, Vice President Sugaya recused) to deny jurisdiction.
LIST OF SPEAKERS: Tom Ferriole, requestor; Holli Thien, attorney for permit holder; Robert Davis, Entertainment Commission; Lawrence Badiner, ZA.
PUBLIC COMMENT: (For Requestor) Robert Garcia of a tenants association said posted notice was not sufficient and poorly placed and business is “out of control.” Patricia Glasky described drunks in driveway after events and asked the Board to reopen the case. Bridget Hennessy said she often passes the site and couldn’t see the posted notice sign because of the way it is placed.
(4C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 22 Alta Street. Letter from Acting Dept. of Building Inspection (DBI) Director dated November 2, 2004. Last day to appeal was November 17, 2004. Jurisdiction request received on December 8, 2004. Letter from Roger Beers, attorney for Peter Overmire, requestor(s), asking that the Board take jurisdiction over a letter by the Acting Director of the Dept. of Building Inspection (DBI) which states that the expiration of Building Permit Application No(s). 9710066S was unwarranted and that the subject permit is reinstated. Permit Holder(s): Robert Mahoney.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to grant jurisdiction and for the hearing to be scheduled for March 9, 2005 with the companion ZA determination case.
LIST OF SPEAKERS: Roger Beers, attorney for requestor; William Marchant, attorney for permit holder; Laurence Kornfield, DBI.
(4D) REHEARING REQUEST:
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Subject property at 2646-2648 Hyde Street. Letter from Ellen Tsang, Appellant, requesting rehearing of Appeal No(s). 04-134 & 04-144, decided December 15, 2004. At that time, upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Fung absent) to uphold both permits. Project, 1st permit: on 2-unit residential building, repair existing roof deck at rear; repair existing door at rear on ground floor; repair existing exterior stairs at rear. Project, 2nd permit: on 2-unit residential building, modify Building Permit Application No. 2004/09/22/4898; resurface existing roof deck; deck surface only; remove existing membrane and tiles. Permit Holder(s): Phil Fernandez.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 5-0 to deny the request for rehearing.
LIST OF SPEAKERS: Stephen Williams, attorney for requestor/appellant; Eve Hodson, agent for permit holder; Laurence Kornfield, DBI.
(5) CONSENT ITEMS (TAXI COMMISSION REVOCATION): With the consent of the Taxi Commission, the Board will proceed to a vote without testimony to overrule the revocation of the subject permit(s) with the condition that the appellants pay all appropriate permit fees and/or penalties. Without consent the Board will take testimony and then decide the appeal.
(5A) APPEAL NO. 04-137
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WIN-TUN MAUNG, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on September 22, 2004, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 86345.
FOR HEARING TODAY.
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(5B) APPEAL NO. 04-138
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NYI LWIN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on September 22, 2004, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 98191.
FOR HEARING TODAY.
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(5C) APPEAL NO. 04-141
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ISMAEL OKUNADE, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on September 22, 2004, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 79412.
FOR HEARING TODAY.
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(5D) APPEAL NO. 04-142
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OMAR HASHIMI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on September 22, 2004, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 87439.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to overrule all revocations on condition that appellants pay the renewal fee & penalties.
SPEAKERS: None.
(6) APPEAL NO. 04-180
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ROBERT HUTCHINSON, Appellant(s)
vs.
ENTERTAINMENT COMMISSION, Respondent
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1290 Sutter Street.
Protesting the conditional grant on November 16, 2004, to Scott Robertson dba “Regency Building Leasing”, of an Extended-Hours Permit.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-1 (Commissioner Fung dissented) to uphold the permit.
LIST OF SPEAKERS: Jan Vaughn Mock, attorney for appellant; Mark Rennie, attorney for permit holder; Jennifer Hundley, agent for permit holder; Robert Davis, Entertainment Commission; Lawrence Badiner, ZA; Laurence Kornfield, DBI.
PUBLIC COMMENT: (For Appellant) Robert Garcia said he is in a condo across the street and opposes use because it is an historic area, with 290 buildings downtown on National Register, 50,000 live there, and it’s a high crime area. Dennis Stanton opposes because it is too close to Burnhouse Court condos and noise is bad on New Year’s Eve, too close to residences. Patricia Glasky said it’s an extremely noisy area with traffic and buses and no reason to be allowed to stay open to 4 a.m. even once a month. Adil Shaikh operates hotel at 1485 Bush and said he opposes permit and demographics of area changing with more senior housing being built in area. (For Permit Holder) Stephen Feener is for use because it has been venue for historic groups and allowing late hours once a month is not unreasonable. Stuart Cornick of SF Events is for use because he does events there and they have excellent pricing. Joannie Liss of SF Events is for use and does ethnic weddings that often go late. Joegh Bullock said he supports use at one day a month for late night, which is good compromise. Madeleine Amodco felt protected when inside hall. Suzanne Kavert, manager of catering services, supports use because it does 300 plus events a year and it is a unique building. John Choice said use is not a noise problem for the neighborhood.
(7) APPEAL NO. 04-076
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JOHN & LESLIE WOODWARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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65 Caselli Avenue.
Protesting the issuance on June 30, 2004, to Stewart Oaten, Permit to Alter a Building (on 2-unit building: replace existing deck, extend approximately 4’0” and new stairs).
APPLICATION NO. 2004/06/30/7682.
PUBLIC HEARING HELD ON DEC. 1, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 5-0 to continue the hearing to February 2, 2005 & for the Planning Department to re-review the plans.
SPEAKERS: Lawrence Badiner, ZA; Leslie Woodward, co-appellant; Stewart Oaten, permit holder.
ITEMS (8A), (8B) & (8C) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 04-094
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OTTO WIEGAND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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4001 Mission Street.
Protesting the issuance on July 16, 2004, to 4001 Mission St. Associates LLC, Site Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7097S.
PUBLIC HEARING HELD NOV. 10, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(8B) APPEAL NO. 04-096
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SHAWN LEONARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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4001 Mission Street.
Protesting the issuance on July 16, 2004, to 4001 Mission St. Associates LLC, Site Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7097S.
PUBLIC HEARING HELD NOV. 10, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(8C) APPEAL NO. 04-102
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OTTO WIEGAND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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8 Murray Street.
Protesting the issuance on July 29, 2004, to 4001 Mission St. Associates LLC, Site Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7104S.
PUBLIC HEARING HELD NOV. 10, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by President Harrington, the Board voted 4-1 (Vice President Sugaya dissented) to uphold the permits with revised plans as submitted by Permit Holder.
LIST OF PARTIES: Jim Reuben, attorney for permit holder; Kass McMahon-Kelly, agent for appellants.
PUBLIC COMMENT: (For Appellant’s) Tomas Lee for Supervisor Ammiano said that the proposed revisions are reasonable and he supports them. Libby Kelly-McMahan said the neighbors’ proposal would reduce the density and lower garage floor and project would meet ADA. Lisa Everson said it is critical to reduce height of buildings because site is on crest of hill, and she wants one story deleted. Erik Poole said the project will impact parking and there is a trash pile when they said would keep site clean. Marlo Contreras said permit holder had offered to maintain trees but rescinded offer. Guido Guinasso opposes project and supports neighbors’ revisions. Elsie Aviles said she didn’t realize the project would be 40 feet on the Mission side. (For Permit Holder) Patrick Spiers said the changes proposed by permit holder are huge concessions. Henry Falcon said the project is a big improvement over KFC. Joanne Desmond said permit holder followed rules and made concessions, and she supports it. John Kerly said his friend O’Donovon negotiated for many months and the project was always 40 feet. Dan Kerly spoke against the proposed revisions. Charles Breidinger is for the project because it creates 2 bedroom family-size units. Jean-Pierre Berthy said the project brings great value to neighborhood and that it’s not fair to revise plans now. Jim Keith supports the project as is with no revisions. Thomas Egan spoke against the proposed revisions because it will lead to more appeals and create uncertainty. Robert Mellet opposes revisions and said an injustice was done to Shawn Gorman. John O’Connor said the permit holder acted in good faith and met with neighbors ten times. Fergus O’Sullivan said this appeal is not right and BOA should go forward. Gerry Keegan said the permit holder worked with neighbors, and that reducing height will reduce parking spaces. Brian McGee said the neighbors knew it would be 40 feet. Mark Brennan is for a good project to replace KFC. Dave O’Keeffe said it’s not fair to penalize permit holder. Grace Shanahan said the proposed neighborhood revisions are outrageous and are proposed in bad faith. Angus McCarthy said the neighbors’ issues have been dealt with. Richie Hart said the permit holder has abided by all rules and the permit should be upheld. Kieran Buckley said the project helps with the shortage of housing. Redmond Lyons said 40 feet is 40 feet and that it’s ok in a transit corridor. Alice Barkley said she was not the attorney for permit holder, and that the revisions reduce massing and that 3-bedroom housing is needed in the City. Joe O’Donoghue said the architect didn’t deceive anyone and that the permit holder’s revisions provide substantial reduction.
(9) APPEAL NO. 04-130
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HELENE deBAUBIGNY
& JOHN GOLOB, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2763 Filbert Street.
Protesting the issuance on September 7, 2004, to Lock & Irene Holmes, Permit to Alter a Building (on single-family house: revisions to Building Permit Application No(s). 2003/08/18/2357 and 2000/05/23/0798; cut-in roof; provide windows for roof access; and one skylight, flat at sloped roof).
APPLICATION NO. 2004/09/07/3487.
PUBLIC HEARING HELD DEC. 8, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to uphold the permit.
LIST OF PARTIES: Lawrence Kornfield, DBI.
(10) APPEAL NO. 04-037
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ANTHONY DUMONT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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155 Westwood Drive.
Appealing a Notice of Decision by Dept. of Building Inspection Director Frank Chiu, dated April 19, 2004, revoking Building Permit Application No(s). 2003/05/19/4954, 2003/08/05/1263, and 2003/08/21/2731. Reason(s) for revocation: construction at the subject property exceeded the scope of the first two permits; and the third permit was issued in error due to false information supplied by the permit applicant.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to March 2, 2005 at the request of the parties.
SPEAKERS: None.
(11) APPEAL NO. 04-116
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JOHN BRENNAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1420 Haight Street.
Appealing a determination dated August 17, 2004, addressed to Matthew Brennan (Subject Property Owner Mehran Ismaili), that the notification and hearing for Conditional Use (CU) Motion No. 16593, which adds 2,300sf of retail space to the existing 3,300sf shoe store at the subject property, was properly performed, and thus it is not necessary to halt construction as authorized under CU Motion.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to March 2, 2005 at the request of the parties.
SPEAKERS: None.
(12) APPEAL NO. 04-139
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NEIL & NEA HANSCOMB, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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7909-7911 Geary Boulevard.
Protesting the issuance on September 24, 2004, to Paul Detimofeev, Permit to Alter a Building (on 2-unit residential building: add family room and 2 decks per plans).
APPLICATION NO. 2001/06/08/1143.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Sugaya, the Board voted 5-0 to uphold the permit with the following conditions: (a) that an NSR be recorded limiting the building to 2-family use; and (b) that full detailed plans be submitted to the Planning Department.
SPEAKERS: Steve Williams, attorney for appellants; Paul Detimofeev, permit holder; Sue La, for permit holder.
(13) APPEAL NO. 04-140
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ALICE LAM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2549 Post Street.
Protesting the issuance on September 24, 2004, to Paul Basaillon, Permit to Alter a Building (on 24-unit apartment building: remodeling top floor; change roof above living room).
APPLICATION NO. 2004/09/24/5144.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the hearing to January 26, 2005.
LIST OF PARTIES: Alice Lam, appellant; Paul Basaillon, permit holder.
(14) APPEAL NO. 04-143
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RICHARD & JULIE NEWBOLD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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515 – 17th Avenue.
Protesting the issuance on September 24, 2004, to Heidi Wilcox & Farley Pearce, Permit to Alter a Building (on single-family house: convert ground floor storage room into family room with full bath; reconstruct outside stair from 2nd story to back yard; infill area below sunroom and reconstruct ½ bath).
APPLICATION NO. 2004/09/24/5077.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-1 (Commissioner Sugaya dissented) to uphold the permit with conditions: (a) that access from the street to the family room be through the garage; and (b) that the door from the kitchen on the 2nd floor which leads to the family room be removed.
LIST OF PARTIES: Julie Newbold, co-appellant; Farley Pearce, co-appellant; Lawrence Badiner, ZA; Laurence Kornfield, DBI; John Lau, agent for permit holder.
There being no further business, President Harrington adjourned the meeting at 10:47 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
