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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, APRIL 1, 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, and Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Spencer Gosch, Senior Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Jordanna Thigpen, Enforcement and Legal Affairs Manager, Division of Taxis and Accessible Services, San Francisco Municipal Transportation Agency (SFMTA); Sgt. William Coggan, San Francisco Police Department (SFPD); 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: None.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the March 25, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the March 25, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Taxi A-card No. 52819. Letter from Ligia Parmenter, attorney for Driss “Kiki” Elasali, appellant, requesting rehearing of Appeal No. 08-190, Elasali vs. MTA DTAS, decided March 4, 2009. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the revocation of the subject A-card.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to deny the rehearing request.
SPEAKERS: Ligia Parmenter, attorney for appellant; Jordanna Thigpen, SFMTA.
PUBLIC COMMENT: None.
(4b) ADOPTION OF FINDINGS:
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Subject property at 354 Douglass Street. Appeal No. 08-169, Sandra Sohcot v. DBI. Appealing the denial on Nov. 7, 2008, of Permit to Alter a Building (remove illegal unit but retain 2nd kitchen installed under BPA No. 188772 in 1930). APPLICATION NO. 2008/11/06/5960. PUBLIC HEARING HELD AND CLOSED ON FEB. 18, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the appellant to submit a draft version of a motion, findings, conditions, and Notice of Special Restrictions.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 5 – 0 to reinstate the permit to remove the unit but deny the permit to retain two kitchens, with the amended permit to be suspended, and with adoption of findings and conditions.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5) APPEAL NO. 08-158
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BENJAMIN SANTANA
dba “EL TONAYENSE”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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NW Corner of 19th Street & Harrison Street.
Appealing the revocation on Sept. 29, 2008, of Mobile Caterer Permit.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the revocation on the condition that the revocation be stayed until June 9, 2009.
SPEAKERS: Stephen Williams, attorney for appellant; Sgt. William Coggan, SFPD.
PUBLIC COMMENT: The following people spoke in favor of the SFPD: Chris Armentrout, S.F. Unified School District (SFUSD); Jill Wynns, SFUSD; Rachel Norton, SFUSD; Paula Jones, Dept. of Public Health; Libby Albert, S.F. Dept. of Children, Youth and their Families; Dana Woldow; Caroline Grannan; Marcia Wertz; and Colleen Kavanagh. John Oram and Kenneth Berger spoke in favor of the appellant.
(6) APPEAL NO. 08-180
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MASOUD CHARSOUGHI, Appellant(s)
vs.
MUNICIPAL TRANSPORTATION AGENCY
DIVISION OF TAXIS AND
ACCESSIBLE SERVICES, Respondent
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Appealing a Decision dated Nov. 26, 2008, which denies a time waiver, and determines that Masoud Charsoughi is ineligible for a ramp taxi medallion.
LIST NO. 6-857.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to uphold the SFMTA’s decision.
SPEAKERS: Jordanna Thigpen, SFMTA; Ligia Parmenter, attorney for appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 08-054
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ROBERT PENN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1307 Hayes Street.
Appealing a Letter of Determination dated April 2, 2008, regarding the current zoning for the subject property.
PUBLIC HEARING HELD & CLOSED ON AUG. 13, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to submit additional information pursuant to the Board’s comments.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the Letter of Determination.
SPEAKERS: Scott Sanchez, PD; Bobby Penn, son of appellant.
PUBLIC COMMENT: None.
(8) APPEAL NO. 09-001
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JOERG WESTERMANN,
KATHLEEN CROWLEY,
RACHEL HOWARD,
MARIO ESCOBAR, GAGE BOONE,
ELANA MARGOLIS, BENJAMIN WACKS,
AND JACKIE ESCOBAR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1217 Florida Street.
Protesting the issuance on Dec. 22, 2008, to David McClosky, Permit to Alter a Building (interior remodel of existing dwelling units; remodel bathrooms and kitchens; new window on south elevation; infill light well at east elevation; removal of partition walls).
APPLICATION NO. 2008/12/16/8638.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reschedule the matter to April 15, 2009.
SPEAKERS: Andrew Zacks, attorney for permit holder; Phillip O’Brien, attorney for appellants.
PUBLIC COMMENT: None.
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 09-005
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DONALD KRAUSE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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786 – 792 - 21st Avenue.
Protesting the issuance on Jan. 5, 2009, to Robert Ricci, Permit to Alter a Building (work at units 786 and 788 only; remodel two kitchens and two baths; change cabinets, counters, floors, toilet; repair sub floors, bath tub/shower).
APPLICATION NO. 2009/01/05/9562.
FOR HEARING TODAY.
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(9B) APPEAL NO. 09-006
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PETER TRIPOUSIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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786 – 792 - 21st Avenue.
Protesting the issuance on Jan. 5, 2009, to Robert Ricci, Permit to Alter a Building (work at units 786 and 788 only; remodel two kitchens and two baths; change cabinets, counters, floors, toilet; repair sub floors, bath tub/shower).
APPLICATION NO. 2009/01/05/9562.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to continue both matters to April 22, 2009, with the public hearing held and closed, to allow time for the permit holder to submit addition information, and for the DBI to conduct a site visit.
SPEAKERS: Donald Krause, appellant, Peter Tripousis, appellant; Elizabeth Erhardt, attorney for permit holder; Spencer Gosch, DBI; Adele Della Santina, agent for permit holder.
PUBLIC COMMENT: None.
(10) APPEAL NO. 09-014
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WILLIAM McMORROW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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520 Oak Street.
Appealing the imposition of penalty on Feb. 6, 2009, for construction work done without a permit.
APPLICATION NO. 2009/02/06/1538.
FOR HEARING TODAY.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to reduce the penalty to two times (2X) the regular fee.
SPEAKERS: Spencer Gosch, DBI; William McMorrow, appellant; Scott Sanchez, PD.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 8:55 p.m.
