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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, SEPTEMBER 30, 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.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Laurence Kornfield, Deputy Director and Chief Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Planner, Planning Department (PD); Christiane Hayashi, Deputy Director of Taxis, Municipal Transportation Agency (MTA); 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.
(1) PUBLIC COMMENT:
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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SPEAKER: Peter Warfield asked the Board to review its decision relating to the Ortega Branch Library (Appeal No. 09-070), and expressed concern about the Board’s public document review protocols and proceedings at the Sunshine Ordinance Task Force.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: President Fung noted that he will be traveling out of the country on business and will be absent for the Board’s meeting on October 7, 2009.
(3) ADOPTION OF MINUTES:
Discussion and possible adoption of the Sept. 9, 2009 minutes.
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ACTION: Upon motion by President Fung, the Board voted 5 – 0 to adopt the September 9, 2009 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 6256 – 3rd Street. Letter from Randall Knox, attorney for Claudia Smith dba “Green Acres”, requestor, asking that the Board take jurisdiction over the denial on Dec. 22, 2008, of BPA No. 2008/10/01/3173. Project: barrier removal, internal remodel of commercial retail space; construct non-bearing partition, ADA bathroom and other ADA requirements for continuation to operate a medical cannabis dispensary.
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ACTION: Upon motion by President Fung, the Board voted 4 – 1 (Vice President Peterson dissented) to grant the jurisdiction request.
SPEAKERS: Randall Knox, attorney for requestor; Scott Sanchez, PD.
PUBLIC COMMENT: Two anonymous individuals spoke in favor of the requestor.
(4b) ADOPTION OF FINDINGS:
Discussion and possible adoption of findings for Appeal No. 09-015, Hennessey vs. Taxi Commission (MTA Division of Taxis and Accessible Services), decided May 20, 2009. At that time, upon motion by Vice President Peterson, the Board voted 5-0 to overrule the suspension and revoke the permit (A-card) with adoption of findings at a later time.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to adopt the findings.
SPEAKERS: Hakim Ikariouen, permit holder.
PUBLIC COMMENT: None.
(5) APPEAL NO. 09-077
HANK CANCEL & JIN HAN XU, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1334-1338 Polk Street.
Protesting the issuance on July 10, 2009, to Dept. of Public Works Bureau of Engineering, Tree Removal Permit.
ORDER NO. 178,227.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Goh, the Board voted 5 – 0 to revoke the permit with a finding that the parties has settled the matter because the trees are salvageable.
SPEAKERS: Carla Short, DPW BUF.
PUBLIC COMMENT: None.
(6) APPEAL NO. 09-075
LINDA CHANG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1767 – 8th Avenue.
Appealing the imposition of penalty on July 15, 2009, for construction work done without a permit.
APPLICATION NO. 2009/07/14/2611.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4 – 1 (Commissioner Mandelman dissented) to reduce the penalty to 3X (three times) the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Linda Chang, appellant.
PUBLIC COMMENT: None.
(7) APPEAL NO. 09-076
IDEX GLOBAL SERVICES INC., Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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180 Sansome Street.
Appealing the imposition of penalty on July 23, 2009, for electrical work done without a permit.
APPLICATION NO. E2009/07/23/1191.
FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Peterson, the Board voted 4 – 1 (Commissioner Mandelman dissented) to reduce the penalty to 2X (two times) the regular fee.
SPEAKERS: Laurence Kornfield, DBI; Grant Morris, agent for appellant.
PUBLIC COMMENT: None.
(8) APPEAL NO. 09-074
CAROLA HAMMAN
& CASS HAMMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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115 Shawnee Avenue.
Protesting the issuance on June 29, 2009 to Ken Ji Zheng, Permit to Alter a Building (new rear wood deck attached to existing building at 2nd floor; replace window with new sliding door to deck; new deck not taller than 10’-0”.
APPLICATION NO. 2009/06/19/0870.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 5 – 0 to uphold the permit.
SPEAKERS: Carola Hamman, appellant; Sherman Yang, agent for permit holder; Ken Ji Zheng, permit holder; Laurence Kornfield, DBI; Scott Sanchez, PD.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Fung adjourned the meeting at 7:22 p.m.
