2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, NOVEMBER 19, 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.
ABSENT: President Arnold Chin.
Catharine Barnes, Deputy City Attorney (DCA); Julian Banales, for the Planning Dept. (PD) & the Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (CBI DBI); Naomi Little, Executive Director, Taxi Commission (ED, TC); Howard Lazar, Executive Director, Street Artist Program, Art Commission (ED, SAP, AC); Executive Secretary Robert Feldman, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(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:
Medallion No(s). 684 to 691; Appeal No(s). 03-093; UTW et al. vs. Taxi Commission
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Letter from Mark Gruberg, agent for appellant(s), UTW et al., requesting rehearing of Appeal No(s). 03-093, decided October 22, 2003. At that time, upon motion by Commissioner Shoemaker, the Board voted 2-2 (Vice President Harrington & Commissioner Saunders dissented) to overrule the Taxi Commission’s decision to add Amy Welch and Philip Welch IV to the medallions listed above. Four votes being required to overturn or modify a departmental action under Charter § 4.106, the motion failed, and the Taxi Commission’s decision was upheld.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 2-2-1 (Commissioners Shoemaker and Sugaya dissented, President Chin absent) to deny the rehearing request. 4 votes being required to grant such a request under Sec. 16 of the Business & Tax Regulations Code, the rehearing request was denied.
SPEAKERS: Mark Gruberg, agent for appellants, requested that the item be rescheduled to a meeting with all five Commissioners. He asked the Board to grant the rehearing request for the reason that in his view one of the Commissioners had a conflict of interest and should have been recused from participating in the discussion on the appeal. Philip Ward, attorney for medallion holders, objected to the rescheduling request and asked the Board to consider the item with no further delay. Catharine Barnes, DCA, in response to Board questions, summarized the law regarding conflicts described by the appellant. No public comment.
(4) APPEAL NO. 03-135
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MOHAMED AHMED, Appellant(s)
vs.
ART COMMISSION, Respondent
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Appealing the denial on August 21, 2003, of the renewal of Street Artist Certificate No. 5877.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 4-0-1 ( President Chin absent) to uphold the denial of the renewal of the subject street artist certificate.
SPEAKERS: Howard Lazar, ED SAP, AC, explained why the appellant’s application had been denied and urged the Board to uphold the decision of the Art Commission. Mohamed Ahmed, appellant, explained his side of the incidents, which led to the denial and asked the Board to overrule the Art Commission and allow him to continue earning a living for his family. Susan Tibben, member of the Street Artist Advisory Committee, described her observations of the appellant’s activities at his table, and urged the Board to uphold the denial of his application. Matthew Porkola, also a member of the Street Artist Advisory Committee, described his observations as well, and also asked the Board to uphold the denial. No public comment.
(5) CONSENT ITEMS (DBI PENALTY):
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With the consent of the Dept. of Building Inspection, the Board will proceed to a vote without testimony to reduce the penalty (investigation fee) to two times the regular fee as provided for in the Building Code. Without consent the Board will take testimony and then decide the appeal.
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(5A) APPEAL NO. 03-138
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EVE SOLOMON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2526 Greenwich Street.
Appeal for refund of penalty imposed on Sept. 5, 2003 for work done without a permit (on 3-unit building: corrective action to remove kitchen in social hall as per NOV no(s). 200226509).
APPLICATION NO. 2002/06/17/9232.
JURISDICTION GRANTED AUG. 27, 2003.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Harrington, the Board voted 4-0-1 (President Chin absent) to reduce the subject penalty to 2 times the regular fee.
SPEAKERS: None. DBI consented to the reduction.
(6) APPEAL NO. 03-044
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JOHN ARKEDER, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on March 19, 2003, of taxicab medallion No. 1167.
RESOLUTION NO. 2003-09.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 3-1-1 (Commissioner Sugaya dissented, President Chin absent) to reschedule the appeal to Dec. 10, 2003.
SPEAKERS: Geoffrey Rotwein, attorney for appellant, asked for a rescheduling to a date with a full member Board. Naomi Little, ED, TC, did not object to the request.
(7) APPEAL NO. 03-068
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JAMES NEILLY, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on April 23, 2003, of medallion No. 897.
RESOLUTION NO. 2003-26.
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 Dec. 10, 2003, and with the public hearing still open.
SPEAKERS: Geoffrey Rotwein, attorney for appellant, asked for a rescheduling to a date with a full member Board. Naomi Little, ED, TC, did not object to the request. Mark Gruberg, UTW, responded to the request.
(8) APPEAL NO. 01-115
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THERESA ISSERMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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700 Vermont Street.
Protesting issuance on June 20, 2001, to Raymond & Hazel Guaraglia, Permit to Alter a Building (demolish existing non-compliant residential units per Notice of Violation No. 200114983; remove all utilities to ground level; convert to original commercial space with no structural work to be done).
APPLICATION NO. 2001/06/20/1935.
PUBLIC TESTIMONY HEARD 6/19/03.
FOR FURTHER CONSIDERATION 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 Jan. 28, 2004 at the written request of the parties.
SPEAKERS: None.
(9) APPEAL NO. 02-204
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LEE & RUTH ANN SEWARD,
THOMAS & JODY ROBERTSON,
SYDNEY GOLDSTEIN, STEVE &
BRENDA BOTTUM, & RICK ELLIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2736 Pierce Street.
Protesting the issuance on October 7, 2002, to P.Q. & June Chin, Permit to Alter a Building (sun deck on top of existing roof, 42” high rail, 4X4 post secured to existing structure(roof)).
APPLICATION NO. 2002/10/07/8421.
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 Jan. 28, 2004 at the written request of the parties.
SPEAKERS: None.
ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 03-056
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GREGORY ERLACH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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531 – 43rd Avenue.
Protesting the issuance on March 27, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: install 5’ high fence on side of front yard, treated vertical posts on 4’ centers, redwood lattice full height between verticals, pre-formed 3’ metal footings driven into ground floor for verticals, capped by treated 2” X 4” (on side) tying 5 posts together; 8’6” free standing; rest next to building)
APPLICATION NO. 2003/03/27/0836.
FOR HEARING TODAY.
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(10B) APPEAL NO. 03-067
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GREGORY ERLACH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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531 – 43rd Avenue.
Protesting the issuance on May 2, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: rebuild existing rear stairs in-kind).
APPLICATION NO. 2003/05/02/3742.
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 Jan. 14, 2004, and for this appeal to be first on the agenda.
SPEAKERS: Raymond Erlach, attorney for appellant, asked for a rescheduling to a date with a full member Board. Evelyn Miller-Freebury, wife of appellant, objected to the request.
(11) 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 Shoemaker, the Board voted 4-0-1 (President Chin absent) to reschedule the appeal to Dec. 3, 2003, and for this appeal to be first on the agenda.
SPEAKERS: Jeremy Paul, agent for appellant, asked for a rescheduling to a date with a full member Board.
(12) APPEAL NO. 03-134
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BEN HONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1223 & 1225 Capitol Avenue.
Protesting the issuance on August 18, 2003, to Michael Brown, Permit to Erect a Building (3-story, 2-unit building with 1,544sf of ground floor area).
APPLICATION NO. 2002/07/10/1032.
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 Feb. 25, 2004 at the written request of the parties.
SPEAKERS: None.
(13) APPEAL NO. 03-140
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MR. & MRS. WILLIAM WEINDORF,
MR. & MRS. ALEX SCHWARTZ,
MARY ROBINETTE, & SUSAN O’BRIEN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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450 Hamilton Street.
Protesting the issuance on August 26, 2003, to Abel Maldonado, Site Permit to Alter a Building (on single-family house: horizontal extension to rear of lot for increased size of master bedroom and bath at 2nd floor, and additional bedrooms at lower level).
APPLICATION NO. 2002/02/05/8561S.
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 at the written request of the parties.
SPEAKERS: None.
There being no further business, President Chin adjourned the meeting at 6:13 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.
