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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, FEBRUARY 4, 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, Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Craig Nikitas, Senior Planner, Planning Department (PD); Jordanna Thigpen, Executive Director, Taxi Commission (TC); 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: Silvia Johnson.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the January 21, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Garcia absent) to adopt the January 21, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS: None.
(5) APPEAL NO. 08-081
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JAMES FORCIER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owners: NATHALIE LANG
& JOHN WICKER
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2666 Greenwich Street.
Appealing a Request for Reinstatement of Suspended Permit dated May 19, 2008.
APPLICATION NO. 2008/01/31/3694.
PUBLIC HEARING HELD AND CLOSED ON OCT. 29, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time parties to conduct settlement negotiations.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to March 4, 2009, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(6) APPEAL NO. 08-151
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TESFAMARIAM ZEMIKAEL, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the denial on Sept. 15, 2008, of Taxicab Medallion Permit.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to February 18, 2009. Additional briefing to be submitted by appellant no later than Tuesday, February 10, 2009 on the issue of meeting the Full Time Driving Requirement for 2005, with a reply brief to be submitted by the Taxi Commission no later than Thursday, February 12, 2009.
SPEAKERS: Geoffrey Rotwein, attorney for appellant; Jordanna Thigpen, TC.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-176
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IRENE CARTER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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456 Urbano Drive.
Protesting the issuance on Nov. 17, 2008, to Tao Nguyen, Permit to Alter a Building (horizontal addition at rear and new 2nd floor).
APPLICATION NO. 2006/05/09/1110S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 1 (Commissioner Goh dissented) to uphold the permit.
SPEAKERS: Donald Simon, attorney for appellant; Kim Nguyen, wife of appellant; Craig Nikitas, PD; Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
(8) APPEAL NO. 08-178
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NANCY PANNOS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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940 Cayuga Avenue.
Protesting the issuance on Nov. 12, 2008, to William Tong, Permit to Alter a Building (comply with NOV No. 200846653 to legalize existing rear deck at 2nd floor; revision to approved BPA No. 2008/07/17/6920; reconfigure kitchen, dining and bedroom layout at 2nd floor; repair front stair).
APPLICATION NO. 2008/11/10/6249.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 4 – 0 – 1 (Commissioner Garcia absent) to continue the matter to March 11, 2009, with the public hearing closed, to allow time for the permit holder to confer with the DBI and submit revised plans pursuant to the Board’s comments.
SPEAKERS: Nancy Pannos, appellant; William Tong, permit holder; Tina Tam, PD; Laurence Kornfield, DBI.
PUBLIC COMMENT: David Hooper spoke in favor of the appellant; Helen Tong spoke in favor of the permit holder; Silvia Johnson.
(9) APPEAL NO. 08-179
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DAVID SCHREIBER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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152 Elsie Street
Protesting the issuance on Nov. 20, 2008, to Paul McQuin, Permit to Erect a Building (three-story, single-family house with 810sf of ground floor area).
APPLICATION NO. 2003/10/06/6599S.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Peterson, the Board voted 4 – 0 – 1 (Commissioner Garcia absent) to uphold the permit on condition that (a) the permit holder hold a pre-construction meeting including DBI and DPT staff; (b) that construction hours be limited to Mon. – Sat., 7 am – 6 pm, and no street blockage before 8 am and after 5 pm; (c) that the permit holder confer with the DBI regarding offsite storage of construction equipment; and (d) that the permit holder and appellant both designate a contact person for the purpose of improved communication during the construction period.
SPEAKERS: David Schreiber, appellant; Meredith Jones, attorney for permit holder; Laurence Kornfield, DBI; Tina Tam, PD.
PUBLIC COMMENT: Silvia Johnson; David Kern spoke in favor of the appellant.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 7:57 p.m.
