2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 6, 2003
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Arnold Chin, Commissioner Douglas Shoemaker, Commissioner Hisashi Sugaya, and 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); Naomi Little, Executive Director of the Taxi Commission (TC); Robert Feldman, Executive Secretary and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
ABSENT: Vice President Kathleen Harrington.
(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: Mark Gruberg of the UTW reported to the Board on the taxi measure which the Supervisors are putting on the ballot, which will be to the benefit of medallion holders and the detriment of drivers.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Taxi medallion No(s). 1181; Revocation took effect March 25, 2003
Last Day to Appeal was April 9, 2003; Jurisdiction Request Received July 1, 2003
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Letter from Lando Siu, requestor, asking that the Board take jurisdiction over the Taxi Commission’s revocation of medallion no. 1181.
Note: The requestor filed an appeal of the Taxi Commission’s revocation (Appeal No. 03-052), and the Board held a hearing on June 4, 2003 and the revocation was upheld. The rehearing period lapsed with no rehearing request filed, and a Notice of Decision & Order was issued, terminating the Board’s jurisdiction. The requestor has filed this jurisdiction request asking the Board to grant him a second 10-day rehearing period and the opportunity to request a rehearing. If this request is granted, the Board may consider the rehearing request for Appeal No(s). 03-052 as addendum item 3B.
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(3B) REHEARING REQUEST:
Taxi Medallion No(s). 1181; Appeal No(s). 03-052; Siu vs. Taxi Commission
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If the foregoing jurisdiction request (addendum item 3A) is granted, then this rehearing request may proceed: Letter from Lando Siu, Appellant(s), requesting rehearing of Appeal No(s). 03-052, decided June 4, 2003. At that time, upon motion by Commissioner Saunders, the Board voted 3-2 (Commissioners Shoemaker & Sugaya dissented) to overrule the revocation and instead impose a 3-month suspension of the subject medallion. Four votes being required under Charter § 4.106 to overturn or modify a departmental action, the motion failed, and the Taxi Commission’s revocation was upheld.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Harrington absent) to reschedule both matters to Sept. 17, 2003.
SPEAKERS: Lando Siu, requestor/appellant, asked the Board to reschedule his requests to a meeting attended by all five Commissioners.
(3C) REHEARING REQUEST:
Taxi Medallion No(s). 129; Appeal No(s). 02-020; Adams vs. Taxi Commission
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Letter from John Feldmann III, Attorney for David Adams, Appellant(s), requesting rehearing of Appeal No(s). 02-020, decided June 25, 2003. At that time, upon motion by Commissioner Saunders, the Board voted 3-2 (Commissioners Shoemaker & Sugaya dissented) to overrule the Taxi Commission and add the appellant’s name to the subject medallion. Four votes being required under Charter § 4.106 to overturn or modify a departmental action, the motion failed, and the Taxi Commission’s denial of the request to add the appellant’s name to medallion no. 129 was upheld.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Harrington absent) to reschedule the rehearing request to Oct. 22, 2003.
SPEAKERS: John Feldmann, attorney for appellant/requestor, asked the Board to reschedule the request to a meeting with all five Commissioners present. Naomi Little, ED TC, did not object to the rescheduling request.
(3D) ADOPTION OF FINDINGS:
3251-3253 Steiner St. / 2205 Lombard St.; Appeal No(s). 03-036; Clear Channel vs. DBI, PDA
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Proposed findings submitted by Brett Gladstone, attorney for Permit Holder Margaret Pocoroba, by Jared Eigerman, attorney for Appellant Clear Channel, and by Deputy City Attorney Catharine Barnes. For discussion and adoption.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Harrington absent) to reschedule the matter to Oct. 8, 2003.
SPEAKERS: Jim Reuben, attorney for appellant, asked the Board to reschedule the matter to a meeting with all five Commissioners present, and he reported that the negotiations between the parties have not been successful. Brett Gladstone, attorney for permit holder, said he opposes a continuance of this matter since this is the 4th or 5th continuance and that no settlement seems possible.
(4) APPEAL NO. 03-027
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JOEL HOLLANDER, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on February 3, 2003, of taxi medallion No(s). 884.
RESOLUTION NO. 2003-02.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Harrington absent) to reschedule the appeal to Oct. 8, 2003.
SPEAKERS: None.
(5) APPEAL NO. 03-075
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DANNY FONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2620 Vicente Street.
Protesting the issuance on May 13, 2003, to Si Fang Zhang, Site Permit to Alter a Building (on single-family house: rear extension, two-stories, consisting of 2 bedrooms on 1st floor, and a master bedroom and master bathroom on 2nd floor).
APPLICATION NO. 2000/12/04/7076S.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 2-2-1 (President Chin & Commissioner Shoemaker dissented, Vice President Harrington absent) to reschedule the matter to Sept. 17, 2003. 3 votes being required to reschedule a case, the motion failed, and the hearing went forward. Afterwards, upon motion by President Chin, the Board voted 4-0-1 (Vice President Harrington absent) to uphold the subject permit on condition that the addition be pulled back 6 feet, with bay windows to stay, and with an interior stairway to be added.
SPEAKERS: Danny Fong, appellant, asked the Board to reschedule the appeal to a time when all five members would be present, and when his request was denied, he explained why he opposes the permit holder’s proposed rear addition, mainly because the additional bedrooms will generate more cars, which will be packed on the crowded street, and the project will result in the reduction in value of his and other neighbors’ houses. Lincoln Lue, architect for permit holder, opposed a rescheduling and asked the Board to go forward; he went on to describe the project and the family needs, which require the additional space in the house. Jonas Ionin, PD, explained the requirements for such a project and said the plans comply with the Code and the matrix, which means the design is not conducive to the creation of an unlawful dwelling unit in the house. Vincent Fong, son of the permit holder, explained what the impact of the project will be on the neighbors and their parking needs. Public comment for appellant: Kevin To said he speaks for the neighbors who oppose the project and were unable to attend the hearing; he said the addition will extend too far into the rear yard of the lot, and will be too close to houses on adjoining properties. No public comment for permit holder.
(6) 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 (Vice President Harrington absent) to reschedule the appeal to Oct. 22, 2003.
SPEAKERS: Mark Ong, appellant, asked for a rescheduling to a meeting with a full Board.
(7) APPEAL NO. 03-080
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EVELYN ELSESSER KAHL, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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565 Diamond Street.
Appealing a determination dated May 15, 2003, addressed to Stephen Johnson, that the non-conforming structure on the adjacent lot at 551-555 Diamond Street cannot be used for rear yard averaging so as to allow the rear expansion of the subject property because the said non-conforming structure is not a dwelling unit under Planning Code § 102.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Harrington absent) to reschedule the appeal to Sept. 17, 2003, and for this appeal to be the first substantive matter on the agenda.
SPEAKERS: Jeremy Paul, agent for appellant, asked the Board to reschedule the appeal to a meeting with a full Board.
There being no further business President Chin adjourned the meeting at 6:41 pm.
____________________________ __________________________________
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.
