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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 6, 2008
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Michael Garcia, Vice President Frank Fung, Commissioner Tanya Peterson, Commissioner Kendall Goh, Commissioner Rafael Mandelman.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Spencer Gosh, Building Inspector, Department of Building Inspection (DBI); Tina Tam, Senior Planner, Planning Department (PD); Jordanna Thigpen, Executive Director, Taxi Commission (TC); Victor Pacheco, Interim Dept. Head; 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) COMMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the July 16 and July 23, 2008 minutes.
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ACTION: Upon motion by Commissioner Peterson, the Board voted 5 – 0 to adopt the July 16 and July 23, 2008 minutes.
(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
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Subject property at 245 Clement Street. Appeal No. 07-196, decided June 18, 2008. At that time, upon motion by Vice President Fung, the Board voted 4-0 to overrule the Notice of Violation with findings and conditions to be adopted at a later date. NOV: regarding an unauthorized independent massage establishment use at the subject property.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to reschedule the matter to August 13, 2008, at the prior written request of the parties.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4b) ADOPTION OF FINDINGS:
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Subject property at 725 Folsom Street. Appeal No. 08-037 & 08-043, decided June 18, 2008. At that time, upon motion by Vice President Fung, the Board voted 4-0 to revoke the subject permit with adoption of findings at a later date. Permit Holder: Culinary Arts Studio. Project: tenancy improvements to establish a production catering kitchen with miscellaneous storage etc… at street level; dining room and café; BPA No. 2007/11/21/8738.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to adopt the findings prepared by OCA with no changes.
SPEAKERS: Curtis Smolar, attorney for appellant; Jesse Branstetter, agent for permit holder.
PUBLIC COMMENT: None.
(5) APPEAL NO. 08-064
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VERONICA RUEDRICH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3467 – 19th Street.
Protesting the issuance on April 25, 2008, to Kaushik Dattani, Permit to Alter a Building (re-texture of walls and ceilings; refinish wood flooring; change windows - two front windows, six side windows, size for size; no work on exterior; NOV No. 200851355.
APPLICATION NO. 2008/04/25/0700.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Fung, the Board voted 5 – 0 to continue the matter to December 10, 2008, in order to await the termination of appellant’s tenancy.
SPEAKERS: Stephen Collier, attorney for appellant; Veronica Ruedrich, appellant; Spencer Gosh, DBI; Augustine Fallay, agent for permit holder.
PUBLIC COMMENT: Hilda-Luisa Vasquez, spoke in favor of the appellant.
ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 07-130
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GRASSHOPPER ALEC KAPLAN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the summary suspension on July 27, 2007, of Color Scheme Permit, Taxicab Medallion No. 9062, and A-Card No. P44-50373.
FOR HEARING TODAY. Note: Matter rescheduled to Call of Chair at request of both parties.
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(6B) APPEAL NO. 08-053
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GRASSHOPPER ALEC KAPLAN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on Feb. 13, 2008, of Color Scheme Permit, Taxicab Medallion No. 9062, and A-Card No. P44-50373.
JURISDICTION GRANTED APRIL 2, 2008.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 5 – 0 to uphold the summary suspension and revocation of the subject A-card, medallion and color scheme permit.
SPEAKERS: Jordanna Thigpen, TC; Ron Reynolds, SFPD; Zadik Shapiro, attorney for appellant; G. A. Kaplan, appellant.
PUBLIC COMMENT: The following people spoke in favor of the Taxi Commission: Richard Hybels, Jim Holmes, and Mark Gruberg. The following spoke in favor of the appellant: Stephen Murray and Guy Carson.
(7) APPEAL NO. 08-071
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YOUNG K. YI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the removal on May 14, 2008, of Young K. Yi’s name from the Public Convenience & Necessity Medallion Waiting List.
LIST NO. 6-544.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Mandelman, the Board voted 5 – 0 to overrule the name removal, and restore appellant’s name to the top of the medallion waiting list, with adoption of findings at a later date.
SPEAKERS: Jordanna Thigpen, TC; Young K. Yi, appellant; Yehji Yi, daughter of appellant.
PUBLIC COMMENT: Mark Gruberg, spoke in favor of the appellant.
TEMS (8A), (8B), (8C) & (8D) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 08-072
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ROBERT BAUM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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83-85 Brady Street.
Protesting the issuance on May 6, 2008, to Jess & Yolanda Aquino, Permit to Erect a Building (five-story, six-unit building with 2,268sf of ground floor area).
APPLICATION NO. 2005/09/15/2957.
FOR HEARING TODAY.
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(8B) APPEAL NO. 08-073
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ROBERT BAUM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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83-85 Brady Street.
Protesting the issuance on May 6, 2008, to Jess & Yolanda Aquino, Permit to Demolish a Building (two-story, commercial and residential building with 1,695sf of ground floor area).
APPLICATION NO. 2005/09/15/2951.
FOR HEARING TODAY.
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(8C) APPEAL NO. 08-074
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DAVID MAYOR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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83-85 Brady Street.
Protesting the issuance on May 6, 2008, to Jess & Yolanda Aquino, Permit to Erect a Building (five-story, six-unit building with 2,268sf of ground floor area).
APPLICATION NO. 2005/09/15/2957.
FOR HEARING TODAY.
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(8D) APPEAL NO. 08-075
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DAVID MAYOR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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83-85 Brady Street.
Protesting the issuance on May 6, 2008, to Jess & Yolanda Aquino, Permit to Demolish a Building (two-story, commercial and residential building with 1,695sf of ground floor area).
APPLICATION NO. 2005/09/15/2951.
FOR HEARING TODAY.
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ACTION: Appeals dismissed for underlying conditional use authorization; pursuant to Sec. 4.106b of City Charter.
SPEAKERS: None.
PUBLIC COMMENT: None.
(9) APPEAL NO. 08-076
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SHERMAN WON, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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700 – 31st Avenue.
Appealing a Letter of Determination dated May 13, 2008, regarding the disapproval by the Planning Department of BPA No. 2008/03/17/7296 to legalize the removal of 52 original, wood-framed windows and the installation of 52 vinyl-framed windows at the subject property.
FOR HEARING TODAY.
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ACTION: Upon motion by President Garcia, the Board voted 3 – 2 (Commissioners Goh and Mandelman dissented) to overrule the Letter of Determination, with adoption of findings and conditions at a later date. Four votes being required to overturn a departmental action, the Letter of Determination was upheld.
SPEAKERS: Tina Tam, PD; Robin Won, agent for appellant.
PUBLIC COMMENT: None.
There being no further business, President Garcia adjourned the meeting at 8:15 p.m.
