January 26, 2011
BOARD OF APPEALS
CITY & COUNTY OF
SPECIAL MEETING - WEDNESDAY, JAN. 26, 2011
SPECIAL START TIME OF 4:30 P.M., CITY HALL, ROOM 416
PRESENT: President Kendall Goh, Vice President Michael Garcia, Commissioner Frank Fung and Commissioner Tanya Peterson.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director, Department of Building Inspection (DBI); Scott Sanchez, Zoning Administrator (ZA); Carla Short, Urban Forester, Department of Public Works, Bureau of Urban Forestry (DPW); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Xiomara Velez, Legal Process Clerk.
ABSENT: Commissioner Chris Hwang.
ITEMS (1A) AND (1B) SHALL BE HEARD TOGETHER:
(1A) APPEAL NO. 10-128
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EDWIN HARDY, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent |
Protesting the granting on Nov. 17, 2010, to Antonio Massa, Tree Removal Permit (two trees). ORDER NO. 178,907. FOR HEARING TODAY. |
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(1B) APPEAL NO. 10-129
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ANTONIO & FRED BULLOCK, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent |
Appealing the conditions placed on a Tree Removal Permit (two trees) on Nov. 17, 2010. ORDER NO. 178,907. FOR HEARING TODAY. |
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ACTION FOR APPEAL NO. 10-128: Upon motion by Vice President Garcia, the Board voted 3-1-1 (President Goh dissented, Commissioner Hwang absent) to deny the appeal and uphold the department.
ACTION FOR APPEAL NO. 10-129: Upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and condition the permit so that (a) there is an in-lieu fee charged for the removal of the street tree; and (b) the size and species of the replacement tree for the significant tree being removed be at the discretion of DPW.
SPEAKERS: Ed Hardy, appellant in Appeal No. 10-128; Suhiel Shatara, agent for appellant Hardy; Roy Leggit, agent for appellant Hardy; Phil Jaret, attorney for appellant Hardy; Fred Bullock, permit holder and appellant in Appeal No. 10-129; Antonio Massa, permit holder and appellant in Appeal No. 10-129; Rashid Jaffar, agent for permit holders; Carla Short, DPW; Scott Sanchez, ZA.
PUBLIC COMMENT: Joanna Nelson spoke in support of appellant Hardy. Carla Anisman spoke in support of the permit holders.
ITEMS (2A) AND (2B) SHALL BE HEARD TOGETHER:
(2A) APPEAL NO. 10-130
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JASON BLEY, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent |
Appealing a Request for Release of Suspension, dated Nov. 29, 2010, addressed to DBI Director Vivian Day, asking that the suspension against BPA No. 2010/10/21/3529 be lifted because the permit holder has worked with the Planning Department to resolve the issues regarding a proposed drop ceiling. FOR HEARING TODAY. |
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(2B) APPEAL NO. 10-138
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JASON BLEY, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent |
Protesting the issuance on Dec. 01, 2010, to APPLICATION NO. 2010/11/30/5770. FOR HEARING TODAY. |
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ACTION FOR APPEAL NO. 10-130: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and allow the Release of Suspension on the condition that the suspended ceiling be removed from the scope of work.
ACTION FOR APPEAL NO. 10-138: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Hwang absent) to grant the appeal and deny the permit.
SPEAKERS: Jason Bley, appellant; Scott Sanchez, ZA; Laurence Kornfield, DBI.
PUBLIC COMMENT: Howard Wong spoke in support of the appellant.
(3) 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.
(4) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(5) ADOPTION OF MINUTES:
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Discussion and possible adoption of the January 19, 2011 minutes. |
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ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Commissioner Hwang absent) to adopt the January 19, 2011 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Goh adjourned the meeting at 5:55 p.m.
