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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 8, 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); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); 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) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the July 1, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the July 1, 2009 minutes as amended.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) APPEAL NO. 09-044
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A & M PETROLEUM
dba “GEARY 76”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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3501 Geary Blvd.
Appealing a sixty (60) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 15, 2009. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-09-052.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to Sept. 2, 2009, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5) APPEAL NO. 09-046
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LETICIA LUNA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2500-2510 Folsom Street.
Appealing a Letter of Determination dated April 24, 2009, regarding the status of the commercial use of the ground floor unit at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 5 – 0 to overrule the Letter of Determination, with finding and conditions to be adopted at a later date.
SPEAKERS: Scott Sanchez, PD; Leticia Luna, appellant; Brett Gladstone, attorney for appellant; Reza Khoshnevisan, agent for subject property owner.
PUBLIC COMMENT: None.
(6) APPEAL NO. 09-047
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BEN WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1631 – 11th Avenue.
Appealing the imposition of penalty on May 6, 2009, for construction work done without a permit.
APPLICATION NO. 2009/04/16/6381.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to reduce the penalty to two times (2X) the regular fee.
SPEAKERS: Joseph Duffy, DBI; Ben Wong, appellant.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 6:28 p.m.
