2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 3, 2003
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Arnold Chin, Vice President Kathleen Harrington, Commissioner Douglas Shoemaker, and Commissioner Hisashi Sugaya.
ABSENT: Commissioner Sabrina Saunders.
Catharine Barnes, Deputy City Attorney (DCA); Jonas Ionin, for the Planning Dept. (PD) & the Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (CBI DBI); Inspector Farrell Suslow of the Police Dept. Taxi Detail for the Taxi Commission (TC); Tony Wolcott, Acting Urban Forester, Dept. of Public Works Bureau of Urban Forestry; Executive Secretary Robert Feldman, 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) SPECIAL ITEM: Discussion concerning the customer satisfaction survey, a component of the Board of Appeals’ customer service plan.
SPEAKERS: None.
(4) ADDENDUM ITEMS:
(4A) REHEARING REQUEST:
333 Ulloa Street; Appeal No(s). 03-126; Mattos vs. DBI, PDA
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Letter from Keith Mattos, appellant, requesting rehearing of Appeal No(s). 03-126, decided October 29, 2003. At that time, upon motion by Commissioner Shoemaker, the Board voted 4-0-1 (President Chin absent) to uphold the subject permit due to the non-appearance of the appellant. Project: alter and add bath on 2nd floor; add a bedroom on ground floor; legalize bath and bedroom on ground floor; add single level deck at rear of 2nd floor; add 4 skylights over bath and kitchen. Permit Holder(s): Miranda Li.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to grant the rehearing request and to schedule the rehearing for Dec. 17, 2003.
SPEAKERS: Keith Mattos, requestor/appellant, said a rehearing is justified because he had not appeared at the hearing after being assured his issues were being addressed, and they have not been. Jeremy Paul, agent for permit holder, ecplained that it was his understanding that an agreement had been reached, and that the appeal would be withdrawn in exchange for accommodation to the neighbor. He objected to the granting of a rehearing, because the project has been delayed for months already. No public comment.
(4B) REHEARING REQUEST:
2776 Mission Street; Appeal No(s). 03-013; Low vs. DBI, Planning Dept. Disapproval
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Letter from Dan Sullivan, Agent for Appellant Dennis Low, requesting a rehearing of Appeal No(s). 03-013, decided May 21, 2003. At that time, upon motion by Commissioner Shoemaker, the Board voted 2-3 (President Chin, Vice President Harrington & Commissioner Saunders dissented) to uphold the denial of the subject permit. Four votes being required under Charter § 4.106 to overturn any departmental action, the denial of the subject permit was upheld. Project: abate Notice of Violation No. 200232430; install front roll up gate; remove existing wall to replace existing 2’6” door with a new 3’0” door and 4X8 header with accessible door hardware; the gate is for security purposes, thus closed grill; retail open from 9am to 9pm.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the request to Dec. 17, 2003.
SPEAKERS: Dan Sullivan agent for appellant, asked for a rescheduling due to the lack of a five-member Board.
(5) APPEAL NO. V03-106
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ROGER LOTZ, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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561 Sanchez Street.
Protesting the granting on June 24, 2003, to Gordon Atkinson (Subject Property Owner Gus Nelson), Rear Yard Variance (on single-family house: construction of a deck and stairs within the required rear yard of the existing, non-complying, single-family dwelling; the proposed deck would extend 3 feet to the north from the north building wall of the legal non-complying extension, 12 feet towards the rear with the stairs extending an additional 10 feet at the south side of the deck; no privacy screen is required).
VARIANCE CASE NO. 2003.0040V.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Commissioners Shoemaker & Saunders absent) to reschedule the appeal to Jan. 21, 2004 at the written request of the parties.
SPEAKERS: None.
(6) APPEAL NO. 03-119
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LAMBERT LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: N/A (Mandatory DR)
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540 – 8th Avenue.
Appealing the denial on August 5, 2003 of Permit to Demolish a Building (two-story single family house with 764sf of ground floor area).
APPLICATION NO. 2002/12/09/3108.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the appeal to Dec. 17, 2003.
SPEAKERS: Jeremy Paul, agent for appellant, requested a rescheduling a date with a five-member Board.
(7) APPEAL NO. 03-142
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ALL SAINTS EPISCOPAL CHURCH, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1350 Waller Street.
Appealing the denial on September 3, 2003, of Permit to Remove & Replace One (1) Tree.
ORDER NO. 174,345.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the denial, grant the subject permit on condition that the appellant wait 90 days to see if a new owner can be found for the subject palm tree, and on condition that the subject palm tree be replaced with 2 trees that are acceptable to DPW BUF.
SPEAKERS: Tony Wolcott, AUF, DPW BUF, described the subject queen palm, which he said is a healthy mature tree not common to the City, and which transfers quite well. Fred Horsfield, agent for appellant, explained the history of the church, its plans for improvements, and the need to replace the palm with 2 trees which are more suitable. No public comment.
(8) APPEAL NO. 03-077
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MARK ONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: N/A (Mandatory DR)
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2545 Greenwich Street.
Appealing the denial on May 28, 2003, of Permit to Alter a Building (interior modification to combine 2 units into 1 unit, resulting in a 2-unit building; no additional space is created; no exterior changes).
APPLICATION NO. 2002/09/12/6333.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the appeal to Dec. 10, 2003 at the written request of the parties.
SPEAKERS: None.
(9) APPEAL NO. 03-110
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BENJAMIN GACUSAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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687 Moultrie Street.
Protesting the issuance on July 8, 2003, to John Regan, Permit to Alter a Building (on single-family house: constructing a new garage).
APPLICATION NO. 2002/07/30/2706.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the permit on condition that the east window be eliminated from the plans, and that the trusses be redesigned to accommodate storage loads, and any foundation revisions as required.
SPEAKERS: Benjamin Gacusan, appellant, said the proposed alteration will create a wall next to him that is too high, and he is concerned about the new foundation being planned. He said he wants the second floor over proposed garage to be deleted from the plans because it could be used for an illegal unit. John Regan, permit holder, said he wants to keep the flavor of the area but that the appellant has a point regarding the foundation, and that his architect will address it, and the window will be deleted as requested by the Board. He said there is no intention to use the addition as an illegal unit. Laurence Kornfield, CBI, DBI, said the foundation work will require a new permit application, and that the deletion of the window requires a revision to the current plans. Jonas Ionin, PD, said that any addition in the required rear yard would require the granting of a variance. Public comment: Margot Quinlan spoke in support of the permit holder, and explained that he needed space for his cars and motorcycles, with two cars at front and motorcycles at rear.
(10) APPEAL NO. 03-122
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HONOR BULKLEY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL
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3632 Sacramento Street.
Appealing the denial on August 14, 2003, of Permit to Alter a Building (on two-story office/residential building: level two of the subject property has been used for offices since about 1976; the purpose of this application is to bring the zoning classification into conformance with the longtime use as offices; no construction; no work).
APPLICATION NO. 2003/07/11/9285.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the denial, grant the permit with adoption of findings on Dec. 17, 2003.
SPEAKERS: Jonas Ionin, PD, explained why the permit application was denied for legalization of 2nd floor commercial use. Honor Bulkley, appellant, described the history of ownership and use of the building and asked the Board to allow continuation of the use which is compatible with the neighborhood and supported by the neighbors. Four people stood up in the audience to show their support of the appeal. Michael Yarne, attorney for appellant, explained the history of the zoning regulations for the area and said the use was n compliance before the 1980’s before the NCD went into effect. He said the previous owner had begun the permit process to legalize the use under the new regulations but did not complete the process because of medical problems after which the application was cancelled. Public comment for appellant: Jack Kaus described the mixed-used character of the area and said this application is appropriate. Bobbie Sue Hood, architect for appellant, explained the history of the building during the previous ownership. Mary Murphy, attorney for appellant, explained that the application is consistent with the Code, and similar to one the Board recently approved, and that the Board has discretion to approve the application. Catharine Barnes, DCA, advised the Board on the legal aspects of the case and explained the grace period enacted to allow for legalization of commercial uses in this neighborhood.
(11) APPEAL NO. 03-129
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COLMAN BURKE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: N/A (Mandatory DR)
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1238 Masonic Avenue.
Appealing the denial on August 21, 2003, of Permit to Alter a Building (change two-family dwelling to single-family dwelling).
APPLICATION NO. 2003/01/14/5103
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 3-0-2 (Commissioners Shoemaker & Saunders absent) to reschedule the appeal to Jan. 28, 2004 at the written request of the parties.
SPEAKERS: None.
(12) APPEAL NO. 03-139
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MARKY LYNN QUAYLE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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1300-1302 Rhode Island Street.
Appealing the denial on September 9, 2003, of Permit to Alter a Building (on 2-unit building: 5 window awnings to protect inside from sun fade; 1 doorway awning to allow protection from rain).
APPLICATION NO. 2003/04/18/2664.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 2-2-1 (Commissioners Shoemaker & Sugaya dissented) to reschedule the matter to the Call of the Chair. 3 votes being required to reschedule a matter, the motion failed. Afterwards, upon motion by President Chin, the Board voted 2-2-1 (Commissioners Shoemaker & Sugaya dissented) to overrule the denial and grant the subject permit. 4 votes being required to overturn or modify a departmental action, the motion failed, and the denial was upheld.
SPEAKERS: Jonas Ionin, PD, explained the Code’s clear prohibition of awnings in residential zoning districts. He described the NSR recorded by the appellant which listed conditions imposed on her after an earlier case, including a requirement to remove awnings on this residential building. Marky Lynn Quayle, appellant, asked the Board to amend the Planning Code to allow awnings on residential buildings, and she described the benefit to occupants and residents of awnings. No public comment.
(13) APPEAL NO. 03-141
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AUDREY CARLSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2368 Vallejo Street.
Protesting the issuance on August 28, 2003, to Gina Best, Permit to Alter a Building (on 2-unit building: new stucco façade to replace wood shingles; 3-story rear addition; remodel 2nd unit; remodel kitchen of 1st unit; remodel street entry of 2nd unit).
APPLICATION NO. 2002/01/04/6319S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 3-0-2 (Commissioners Shoemaker & Saunders absent) to reschedule the appeal to Jan. 14, 2004 at the written request of the parties.
SPEAKERS: None.
(14) CONSENT ITEMS (POLICE DEPARTMENT REVOCATION): With the consent of the Police Department, 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.
(14A) APPEAL NO. 03-156
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BOB JOHNSON, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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Appealing the revocation on October 1, 2003, of a Pushcart Peddler Permit due to non-payment of fees.
PERMIT NO. 000187.
FOR HEARING TODAY.
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(14B) APPEAL NO. 03-168
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JOY COSCULLUELA, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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Appealing the revocation on October 1, 2003, of a Masseuse Permit due to non-payment of fees.
PERMIT NO. 002987.
FOR HEARING TODAY.
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(14C) APPEAL NO. 03-171
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RAYMOND CHALKER
dba “RAWHIDE II”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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280 – 7th Street.
Appealing the revocation on October 1, 2003, of a Place of Entertainment Permit due to non-payment of fees.
PERMIT NO. 000443.
FOR HEARING TODAY.
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(14D) APPEAL NO. 03-172
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LYNN KIM dba “NITECAP”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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699 O’Farrell Street.
Appealing the revocation on October 1, 2003, of a Mechanical Amusement Permit due to non-payment of fees.
PERMIT NO. 045010.
FOR HEARING TODAY.
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(14E) APPEAL NO. 03-173
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LYNN KIM dba “NITECAP”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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699 O’Farrell Street.
Appealing the revocation on October 1, 2003, of a Billiard Parlor Permit due to non-payment of fees.
PERMIT NO. 000899.
FOR HEARING TODAY.
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(14F) APPEAL NO. 03-174
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ERICK RAMIREZ, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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Appealing the revocation on October 1, 2003, of a Tow Car Driver Permit due to non-payment of fees.
PERMIT NO. 001347.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the revocations on condition that the appellants pay the permit fee and penalty, and take the receipt of payment to the Police Dept. Permit Bureau.
SPEAKERS: None.
(15) 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.
(15A) APPEAL NO. 03-145
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MEHDI KASTELLI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 053962.
FOR HEARING TODAY.
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(15B) APPEAL NO. 03-151
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JUBAL GREENWOOD, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 051030.
FOR HEARING TODAY.
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(15C) APPEAL NO. 03-152
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MOHAMED AMMAR, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 054798.
FOR HEARING TODAY.
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(15D) APPEAL NO. 03-157
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ZIKAR EBONG, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 042323.
FOR HEARING TODAY.
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(15E) APPEAL NO. 03-158
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TONY DAO, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 048965.
FOR HEARING TODAY.
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(15F) APPEAL NO. 03-159
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BRADLEY CHANG, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 052765.
FOR HEARING TODAY.
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(15G) APPEAL NO. 03-160
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THOMAS MEHRTEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 046198.
FOR HEARING TODAY.
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(15H) APPEAL NO. 03-161
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YVAN VIZCARDO, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 056418.
FOR HEARING TODAY.
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(15I) APPEAL NO. 03-162
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ROBERT HARRIS, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 048265.
FOR HEARING TODAY.
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(15J) APPEAL NO. 03-163
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WAN WONG, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 052645.
FOR HEARING TODAY.
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(15K) APPEAL NO. 03-164
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DOMINGO OPULENCIA, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 050518.
FOR HEARING TODAY.
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(15L) APPEAL NO. 03-165
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EUGENE YEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 050631.
FOR HEARING TODAY.
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(15M) APPEAL NO. 03-166
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MARK BUSHNELL, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 047337.
FOR HEARING TODAY.
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(15N) APPEAL NO. 03-169
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JONAS COEHLO, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 051739.
FOR HEARING TODAY.
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(15O) APPEAL NO. 03-170
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MARWAN MARJI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 049104.
FOR HEARING TODAY.
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(15P) APPEAL NO. 03-175
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BENJAMIN USOG, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 044344.
FOR HEARING TODAY.
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(15Q) APPEAL NO. 03-176
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DAVID KERN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 050765.
FOR HEARING TODAY.
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(15R) APPEAL NO. 03-177
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LOREN FOWLER, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 033743.
FOR HEARING TODAY.
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(15S) APPEAL NO. 03-178
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WILLIAM CLARK, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 053764.
FOR HEARING TODAY.
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(15T) APPEAL NO. 03-183
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ABDUL RAZAK, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 054652.
FOR HEARING TODAY.
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(15U) APPEAL NO. 03-189
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KHALED ABDELNABY, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 051773.
JURISDICTION GRANTED NOV. 12, 2003.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the revocations on condition that the appellants pay the permit fee and penalty, and complete the Police Dept. Taxi Detail driver training course.
SPEAKERS: None.
There being no further business, President Chin adjourned the meeting at 7:29 p.m.
______________________________ _________________________________
Arnold Y.K. Chin, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
