2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 22, 2003
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: Vice President Kathleen Harrington, 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 (ED TC); Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
ABSENT: President Arnold Chin, and Executive Secretary Robert Feldman.
(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) ADDENDUM ITEMS:
(3A) 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 Commissioner Sugaya, the Board voted 4-0-1 (President Chin absent) to reschedule the appeal to Nov. 12, 2003 at the written request of the parties.
SPEAKERS: None.
(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at616 Shrader Street; Permit suspended on August 6, 2003.
Last day to appeal was August 21, 2003; Jurisdiction request received on Sept. 11, 2003.
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Letter from Tom Katz, requestor(s), asking that the Board take jurisdiction over the suspension of Building Permit Application No(s). 2003/08/06/1364 & 2003/07/23/0191. Reason(s) for suspension: the first permit was approved erroneously, and the second permit requires further review by the Planning Dept. since both permits did not receive residential design guidelines review by Planning Dept. preservation technical specialists, which is required for the replacement of windows on architecturally significant buildings like the subject property.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 3-1-1 (Commissioner Sugaya dissented, President Chin absent) to reschedule the appeal to Nov. 12, 2003.
SPEAKERS: Thomas Katz asked the Board to reschedule his request to a date with a five member Board.
ITEMS (4A) & (4B) SHALL BE HEARD TOGETHER:
(4A) APPEAL NO. 02-018
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UNITED TAXICAB WORKERS,
BERHANE ASSEFA, PETER
KLEINMAN & ZAREH SOGHIKIAN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Protesting the approval on January 22, 2002, of a request to add John Lazar to taxicab medallion no(s). 109.
FOR HEARING TODAY.
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(4B) APPEAL NO. 02-019
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UNITED TAXICAB WORKERS,
BERHANE ASSEFA, PETER
KLEINMAN & ZAREH SOGHIKIAN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Protesting the approval on January 22, 2002, of a request to add John Lazar to taxicab medallion no(s). 138.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 2-2-1 (Vice President Harrington & Commissioner Saunders dissented, President Chin absent) to reschedule the appeal to Nov. 19, 2003. 3 votes being required to reschedule any matter, the motion failed, and the hearing went forward. Afterwards, upon motion by Commissioner Saunders, the Board voted 2-2-1 (Commissioners Shoemaker & Sugaya dissented, President Chin absent) to uphold the Taxi Commission’s decision. Four votes being required to overturn any departmental action, the decision by the Taxi Commission was upheld.
SPEAKERS: Mark Gruberg, agent for appellants, asked the Board to reschedule the appeals to a date with a five-member Board, and later urged the Board to overrule the Taxi Commission’s decision. Philip Ward, attorney for medallion holder, asked the Board hold the hearing with only four members, and later asked the Board to uphold the Taxi Commission’s decision. Naomi Little, ED TC, explained the Taxi Commission’s decision. Public comment for appellants: Ron Wolter.
(5) APPEAL NO. 03-093
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UNITED TAXICAB WORKERS
& ZAREH SOGHIKIAN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Protesting the approval on May 27, 2003, of a request to add Amy Welch to taxicab medallion no(s). 684, 685, 686, 687, 688 & 689, and Philip Welch IV to taxicab medallion no(s). 690 & 691 provided that each pays a transfer fee of $2,825.15 per medallion.
RESOLUTION NO. 2003-32.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 2-2-1 (Vice President Harrington & Commissioner Saunders dissented, President Chin absent) to reschedule the appeal to Nov. 19, 2003. 3 votes being required to reschedule any matter, the motion failed, and the hearing went forward. Afterwards, upon motion by Commissioner Shoemaker, the Board voted 2-2-1 (Vice President Harrington & Commissioner Saunders dissented, President Chin absent) to overrule the Taxi Commission’s decision. Four votes being required to overturn any departmental action, the motion failed, and the decision by the Taxi Commission was upheld.
SPEAKERS: Mark Gruberg, agent for appellants, asked the Board to reschedule the appeals to a date with a five-member Board, and later urged the Board to overrule the Taxi Commission’s decision. Philip Ward, attorney for medallion holder, asked the Board hold the hearing with only four members, and later asked the Board to uphold the Taxi Commission’s decision. Naomi Little, ED TC, explained the Taxi Commission’s decision. Public comment for appellants: Ron Wolter.
(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: This appeal was rescheduled to Dec. 3, 2003 prior to the meeting.
SPEAKERS: None.
(7) APPEAL NO. 03-117
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GEORGE HAMILTON HAUCK
& DUANE FRISBIE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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218 Union Street.
Protesting the issuance on July 15, 2003, to John Votruba, Permit to Alter a Building (rebuild upper deck on roof – see NOV No(s). 200336693; new roof ladder).
APPLICATION NO. 2003/07/15/9492.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 4-0-1 (President Chin absent) to reschedule the appeal to Jan. 14, 2004.
SPEAKERS: Drexel Bradshaw, attorney for appellants, asked the Board to reschedule the appeal. John Votruba & Teresa Votruba, permit holders, responded to the rescheduling request.
(8) 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 Commissioner Saunders, the Board voted 4-0-1 (President Chin absent) to reschedule the appeal to Nov. 19, 2003.
SPEAKERS: None.
(9) APPEAL NO. 03-120
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SEAN ANGLES, DAVID WABEL,
YOLANDA GARCIA, JOHN LOWRY
& ALETA THIELMEYER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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1639 – 18th Street.
Protesting the issuance on July 29, 2003, to Elizabeth Burns, Permit to Alter a Building (add deck to existing unit; replace window with sliding glass doors).
APPLICATION NO. 2003/07/29/0643.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 4-0-1 (President Chin absent) to uphold the subject permit.
SPEAKERS: Sean Angles, co-appellant, explained the reasons for the appeal. Elizabeth Burns, permit holder, asked the Board to uphold her permit. Allan Jones, architect for permit holder, explained certain aspects of the permit. Public comment: Dick Millet, John Carney, Nick Noyes, and Wendy Robinson.
(10) APPEAL NO. 03-121
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ANDREW YON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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1759 – 14th Avenue.
Protesting the issuance on July 29, 2003, to Anny Wong, Permit to Alter a Building (on two-story single family house: adding a 16’ X 18’ deck with stairs at rear wall).
APPLICATION NO. 2003/07/29/0633.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 4-0-1 (President Chin absent) to reschedule the appeal to the indefinite calendar (Call of the Chair).
SPEAKERS: Parties did not appear.
There being no further business Vice President Harrington adjourned the meeting at 8:04 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.
