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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JUNE 29, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Commissioner Frank Fung, Commissioner Randall Knox, and Commissioner Michael Garcia.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Craig NIkitas, Planning Department (PD); 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.
ABSENT: Vice President Sabrina Saunders.
(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) SPECIAL ITEMS:
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Subject property at 817 Terry Francois Blvd. Board of Appeals action: whether to accept the Port Commission's delegation to the Board of Appeals of authority to hear and decide an appeal of the Entertainment Commission's suspension of place of entertainment and extended hours premises permits issued to James V. Kelly dba “Kelly's Mission Rock”, a business located on property under the jurisdiction of the Port Commission and, if the Board accepts such delegated authority, to ratify staff action accepting an appeal and setting the hearing for July 20, 2005.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to reject the delegation of authority from the Port Commission.
SPEAKERS: Robert Davis, Entertainment Commission.
(4) ADDENDUM ITEMS:
(4A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 368-370 Dolores Street. Permit issued on December 3, 2004. Last day to appeal was December 20, 2004. Jurisdiction request received on February 17, 2005. Letter from Karen Hull, attorney for Graciela Garcia et al., requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2004/11/19/9985. Permit Holder(s): Ugo Sap. Project: on 2-unit building, comply with NOV No. 199816131, revert back to 2-family dwelling from 10 illegally converted guest rooms, and rebuild egress stair at rear.
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ACTION: None. Withdrawn by requestors.
SPEAKERS: None.
(4B) REHEARING REQUEST:
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Subject property at 1923 Webster Street. Letter from Hendrik Bakker, appellant(s), requesting rehearing of Appeal No(s). 05-042, Bakker vs. DBI, PDA, decided May 18, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 3-1-1 (President Sugaya dissented, Vice President Saunders absent) to uphold the subject permit. Permit Holder(s): 1923 Webster LLC. Project: on single-family house, raise building 2 feet, add garage and rear addition; BPA No. 2004/03/01/7434S.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to deny the rehearing request.
SPEAKERS: Hendrik Bakker, appellant; Alice Barkley, attorney for permit holder.
(4C) REHEARING REQUEST:
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Taxi Medallion No. 207. Letter from Joseph Breall, appellant(s), requesting rehearing of Appeal No(s). 05-033, Breall vs. TC, decided May 18, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 3-2 (Vice President Saunders and Commissioner Fung dissented) to uphold the Taxi Commission’s revocation of the subject medallion.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the hearing to August 24, 2005 at the written request of the parties.
SPEAKERS: None.
(4D) REHEARING REQUEST:
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Subject property at 1 La Avanzada Drive (Sutro Tower). Letter from Walter Caplan, agent for Midtown Terrace HOA et al., appellant(s), requesting rehearing of Appeal No(s). 05-051, Midtown Terrace HOA et al. vs. ZA, decided May 18, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 3-1-1 (President Sugaya dissented, Vice President Saunders absent) to uphold the Zoning Administrator’s determination concerning Building Permit Application Nos. 2004/11/05/8607, 2004/12/20/1816 & 2005/01/25/3910, which are Sutro Tower’s most recent building permit applications.
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ACTION: Upon motion by Commissioner Fung, the Board voted 3-1-1 (Commissioner Knox dissented, Vice President Saunders absent) to deny the rehearing request.
SPEAKERS: Walter Caplan, attorney for appellants; Robert McCarthy, attorney for subject property owner.
(4E) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2889 – 24th Street. Permit issued on April 22, 2005. Last day to appeal was May 9, 2005. Jurisdiction request received May 19, 2005. Letter from Laurence Berg, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2003/03/25/0625S. Permit Holder(s): Mike Boschetto. Project: construction of a 4-story, 8-unit retail/apartment building with 4,942sf of ground floor area. Note: Public hearing on this jurisdiction request was held and closed on June 8, 2005. Furthermore, Appeal No. 05-081, concerning the demolition permit at this property, is currently scheduled for July 20, 2005.
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ACTION: Upon motion by Commissioner, the Board voted 4-0-1 (Vice President Saunders absent) to grant the jurisdiction request and to set both appeals for August 24, 2005.
SPEAKERS: Laurence Berg, requestor; Suzanne Kelly, attorney for permit holder.
(4F) ADOPTION OF FINDINGS:
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Subject property at 1234 – 19th Avenue. Appeal No(s). 04-114, Romanov vs. DBI, PCD, decided June 8, 2005. At that time, upon motion by Commissioner Fung, the Board voted 5-0 to overrule the denial of the site permit by the Planning Commission, and grant this site permit with revised plans, and with findings to be adopted at a later date. Project: construction of a 4-story, 3-unit condominium building with 1,850sf of ground floor area, BPA No. 2002/06/10/8646S.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to adopt the findings as amended.
SPEAKERS: None.
(4G) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 424 Myra Way. Permits issued on Nov. 10, 2004 and March 22, 2005. Last day to appeal was Nov. 25, 2004, and April 6, 2005, respectively. Jurisdiction request received June 9, 2005. Letter from Anthony Caires, requestor(s), asking that the Board take jurisdiction over Building Permit Application Nos. 2004/11/10/8920 and 2005/03/22/8115. Permit Holder(s): Chen Liang. Project, 1st permit: remodel bath and bedroom on 2nd floor, remodel kitchen, garage and bath on 1st floor. Project, 2nd permit: upgrade foundation of the building.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to deny the jurisdiction request.
SPEAKERS: None. Requestor did not appear.
(5) APPEAL NO. 05-005
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TIMOTHY BLAINE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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3330 Pierce Street.
Appealing the denial on Nov. 10, 2004, of Permit to Alter a Building (on 21-unit apartment building: replace all exterior windows).
APPLICATION NO. 2004/09/01/3110.
PUBLIC HEARING HELD & CLOSED ON APRIL 20, 2005. FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to overrule the denial, and grant the permit with the following conditions: on the basis of a 3rd party window survey, those windows on both street facades that can be repaired will be, and those that cannot will be replaced in like and kind, with wood sash and either true divided lites or muntin grids on both the interior and exterior glass surfaces.
SPEAKERS: Craig Nikitas, PD; Gregory Blaine, agent for appellant.
ITEMS (6A), (6B), (6C), (6D), (6E), (6F), & (6G) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 05-023
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MARGARET & ARMEN DILDILIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6B) APPEAL NO. 05-024
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KAY CAVAGNARO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6C) APPEAL NO. 05-025
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DAVID GOLDBLATT
& CHRISTINE BEARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6D) APPEAL NO. 05-029
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BOBBY LONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6E) APPEAL NO. 05-030
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LILY LONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6F) APPEAL NO. 05-031
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JOSEPH YU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6G) APPEAL NO. 05-032
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JOHNSON YANG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to uphold the permit.
SPEAKERS: Craig Nikitas, Planning Department; Laurence Kornfield, DBI.
(7) APPEAL NO. 04-066
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JAMIE YUEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on June 10, 2004, of medallion no(s). 1100.
RESOLUTION NO. 2004-31.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the appeal to August 24, 2005.
SPEAKERS: Geoffrey Rotwein, attorney for appellant; Sgt. Vince Simpson, Taxi Detail, SFPD.
(8) APPEAL NO. 04-073
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DIANE COHEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on June 18, 2004, of medallion no(s). 1147.
RESOLUTION NO. 2004-37.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the appeal to August 24, 2005.
SPEAKERS: Geoffrey Rotwein, attorney for appellant; Sgt. Vince Simpson, Taxi Detail, SFPD.
(9) APPEAL NO. 04-122
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BORIS SHAMIS, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the suspension on September 1, 2004, of a Driver of Public Passenger Vehicle For Hire Permit.
PERMIT NO. 055382.
RESOLUTION NO. 2004-48.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the appeal to August 24, 2005.
SPEAKERS: Geoffrey Rotwein, attorney for appellant; Sgt. Vince Simpson, Taxi Detail, SFPD.
(10) APPEAL NO. 05-079
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CHEVRON STATION NO. 1768, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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3675 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-232.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to overrule DPH and instead impose a 10-day suspension.
SPEAKERS: Johnson Ojo, DPH; Claire Weglarz, attorney for appellant; Alyonik Hrushow, DPH; David Falzon, SFPD; Ed Walsh, DPH.
(11) APPEAL NO. 05-069
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THRIFTY PAYLESS
RITE AID NO. 6205, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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5280 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-223.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to overrule DPH and instead impose a 10-day suspension.
SPEAKERS: Johnson Ojo, DPH; Jonathan Klein, attorney for appellant.
(12) APPEAL NO. 05-070
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OSAMA AL SWEITI
dba “VAN NESS FOOD CO.”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1356 Van Ness Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 04-05-227.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to overrule DPH and instead impose a 10-day suspension.
SPEAKERS: Johnson Ojo, DPH; Sam Sweiti, agent for appellant.
(13) APPEAL NO. 05-071
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CURRIE’S CHEVRON, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2465 Van Ness Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-115.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to overrule DPH and instead impose a 10-day suspension.
SPEAKERS: Johnson Ojo, DPH; Harvey Stein, attorney for appellant.
(14) APPEAL NO. 05-072
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TIEN LY
& TRI NGUYEN dba “VAN NESS
& FILBERT 76 STATION”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2559 Van Ness Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-117.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to overrule DPH and instead impose a 10-day suspension.
SPEAKERS: Johnson Ojo, DPH; Tri Nguyen, co-appellant; Tien Ly, co-appellant.
(15) APPEAL NO. 05-073
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WALGREENS NO. 02153, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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790 Van Ness Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-200.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 4-0-1 (Vice President Saunders absent) to overrule DPH and instead impose a 10-day suspension.
SPEAKERS: Johnson Ojo, DPH; H. Gregory Nelch, attorney for appellant.
(16) APPEAL NO. 05-076
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LINDA LU
dba “7-ELEVEN”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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5100 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-222.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to overrule DPH and instead impose a 10-day suspension.
SPEAKERS: Johnson Ojo, DPH; Linda Lu, appellant.
(17) APPEAL NO. 05-077
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SAM PARK & JUNG HUI
dba “STATE MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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4751 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-233.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to overrule DPH and instead impose a 10-day suspension.
SPEAKERS: Johnson Ojo, DPH; Anne Marie Liermann, attorney for appellant.
(18) APPEAL NO. 05-078
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KI BUM KIM
dba “PARK WALKER MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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3500 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-119.
FOR HEARING TODAY.
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ACTION: Upon motion by President Sugaya, the Board voted 3-0-2 (Vice President Saunders, Commissioner Fung absent) to reschedule the appeal to August 17, 2005. Afterwards, upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to rescind the previous vote and to overrule DPH and instead impose a 10-day suspension.
SPEAKERS: Johnson Ojo, DPH; Anne Marie Liermann, attorney for appellant.
(19) APPEAL NO. 05-087
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KI SOON CHUNG dba
“VAN NESS KENO ICE CREAM”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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26 Van Ness Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-221.
JURISDICTION GRANTED MAY 11, 2005.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Vice President Saunders absent) to overrule DPH and instead impose a zero-day suspension with a finding that the appellant has already served a 15-day suspension.
SPEAKERS: Johnson Ojo, DPH; Ki Soon Chung, appellant.
(20) APPEAL NO. 04-019
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OCEAN PARC VILLAGE
HOMEOWNER’S ASSOCATION, Appellant(s)
vs.
PLANNING DEPARTMENT, Respondent
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730 Great Highway.
Protesting the issuance on March 8, 2004, to Tom and Breda MacDonald & KTH LLC, Coastal Zone Permit Authorization (proposal is to construct a new 3-story, 4-unit building approximately 32 feet in height on a vacant lot).
CASE NO. 2003.1009P.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Saunders absent) to reschedule the appeal to August 24, 2005 at the written request of the parties.
SPEAKERS: None.
(21) APPEAL NO. 05-082
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TIBOR VOZAR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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643 Greenwich Street.
Protesting the issuance on April 21, 2005, to Kara Parsons, Site Permit to Alter a Building (on single-family house: add two stories on top of existing two-story building).
APPLICATION NO. 2002/11/27/2429S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 3-0-1 (Vice President Saunders absent) to recuse Commissioner Fung. Afterwards, upon motion by Commissioner Knox, the Board voted 3-0-2 (Vice President Saunders absent, Commissioner Fung recused) to reschedule the appeal to July 27, 2005.
SPEAKERS: Tibor Vozar, appellant; Kara Parsons, permit holder.
There being no further business, President Sugaya adjourned the meeting at 9:15 p.m.
________________________________
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
