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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JANUARY 14, 2009
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Commissioner Tanya Peterson, Commissioner Kendall Goh, and Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (DBI); Jordanna Thigpen, Executive Director, Taxi Commission (TC); Carla Short, Urban Forester, Department of Public Works Bureau of Urban Forestry (DPW BUF); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant; Manuel Payes, Clerk Typist.
ABSENT: Vice President Frank Fung.
(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: Paul Horcher.
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: President Garcia announced that his son, San Francisco Police Officer Scott Biggs, will be presented with a gold Medal of Valor on February 4, 2009 and as a result, he will miss part of the Board’s meeting that night.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the Dec. 10 and Dec. 17, 2008 minutes.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to adopt the Dec. 10, 2008 minutes as amended, and the Dec. 17, 2008 minutes.
SPEAKERS: Paul Horcher.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST:
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Subject property at 3575 Geary Boulevard. Letter from Donald Lusty, agent for Bridge Housing, requestor, asking that the Board take jurisdiction over Order No. 177,774 of the Dept. of Public Works Bureau of Urban Forestry, which was issued on Sept. 12, 2008, and for which the appeal period lapsed on Sept. 29, 2008.
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ACTION: Upon motion by Commissioner Goh, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to grant the jurisdiction request.
SPEAKERS: Donald Lusty, agent for requestor; Carla Short, DPW BUF.
PUBLIC COMMENT: None.
(4b) REHEARING REQUEST:
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Taxi medallion No. 1135 and A-card No. 62705. Letter from Ligia Parmenter, attorney for Sayed Bashir Rahimi, appellant, requesting rehearing of Appeal No. 08-154, Rahimi vs. TC, decided Dec. 17, 2008. At that time, upon motion by Vice President Fung, the Board voted 5-0 to uphold the revocation of the subject medallion and subject A-card.
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ACTION: Upon motion by Commissioner Peterson, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to deny the rehearing request.
SPEAKERS: Ligia Parmenter, attorney for appellant; Jordanna Thigpen, TC; Officer Rolly Junio, SFPD.
PUBLIC COMMENT: None.
(5) APPEAL NO. 08-136
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ERIK GROSSMAN, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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291 Page Street.
Appealing the denial on Aug. 22, 2008, of Tree Removal Permit.
ORDER NO. 177,641 (REVISED).
FOR REHEARING TODAY. Note: On Nov. 5, 2008, the Board voted 3-2 to overrule the denial with conditions, but the denial was upheld for lack of four votes pursuant to the City Charter. And on Dec. 10, 2008, the Board voted 5-0 to grant the appellant’s rehearing request, and to set the rehearing for Jan. 14, 2009.
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ACTION: Upon motion by President Garcia, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to overrule the denial and grant the permit with the following conditions: (a) one (1) replacement tree of a 36” box size be planted at the subject property; (b) that two (2) 36” box trees be donated to the DPW BUF; and (c) that the species of all three trees to be determined by the DPW BUF; with a finding that the parties have settled the matter.
SPEAKERS: Carla Short, DPW BUF; Jace Levinson, agent for appellant.
PUBLIC COMMENT: None.
(6) APPEAL NO. 07-132
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MARSHALL UNGAR
& ELIZABETH LIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2220 Castro Street.
Protesting the issuance on July 20, 2007, to David Chan, Permit to Alter a Building (vertical and horizontal addition).
APPLICATION NO. 2006/04/12/8740S.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 0 – 2 (Commissioners Fung and Peterson absent) to reschedule the matter to Feb. 11, 2009, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-161
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DMITRY BELOTSERKUSKY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1318 Masonic Avenue.
Appealing the imposition of penalty on Oct. 10, 2008, for plumbing work done without a permit.
APPLICATION NO. PP2008/10/10/948.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 0 – 2 (Commissioners Fung and Peterson absent) to reschedule the matter to Jan. 21, 2009.
SPEAKERS: None.
PUBLIC COMMENT: None.
(8) APPEAL NO. 08-166
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NORMA SOLORZANO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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33 Francis Street.
Appealing the imposition of penalty on Oct. 15, 2008, for construction work done without a permit.
APPLICATION NO. 2008/10/10/3965.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 4 – 0 – 1 (Commissioner Fung absent) to reduce the penalty to two (2) times the regular fee.
SPEAKERS: Laurence Kornfield, DBI.
PUBLIC COMMENT: None.
There being no further business, President Garcia adjourned the meeting at 6:08 pm.
