May 18, 2011
BOARD OF APPEALS
CITY & COUNTY OF
MEETING MINUTES - WEDNESDAY, MAY 18, 2011
5:00 P.M., CITY HALL, ROOM 416,
PRESENT: President Kendall Goh, Commissioner Frank Fung, Commissioner Chris Hwang and Commissioner Tanya Peterson.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Dan Sider, Senior Planner, Planning Department (PD); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Rassendyll Dennis, Department of Public Works, Bureau of Street Use and Mapping (DPW, BSM); Dr. Johnson Ojo, Department of Public Health (DPH); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
ABSENT: Vice President Michael Garcia.
(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: Barbara Thomson spoke about Board procedures and the adherence to them by the Office of the City Attorney. She also asked that the Board more closely follow Robert’s Rules of Order.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: Commissioner Peterson announced that she will be absent for the July 20, 2011 Board meeting.
PUBLIC COMMENT: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the May 11, 2011 minutes. |
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ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Vice President Garcia absent) to adopt the May 11, 2011 minutes.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) SPECIAL ITEM:
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Discussion and adoption of a resolution honoring Laurence Kornfield of the Dept. Building Inspection for his many years of service as DBI’s representative to the Board of Appeals. |
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Garcia absent) to adopt the resolution.
SPEAKERS: None.
PUBLIC COMMENT: David Pilpel spoke of his appreciation for Mr. Kornfield and his service to the Board.
(5) ADDENDUM ITEMS:
(5a) REHEARING REQUEST:
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Subject property at |
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ACTION: Upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Garcia absent) to deny the request.
SPEAKERS: Natasha Ernst, attorney for requestor; Jeff Cooper, appellant; Rassendyll Dennis, DPW, BSM.
PUBLIC COMMENT: None.
(6) APPEAL NO. 11-040
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FOSTER INTERSTATE MEDIA, INC., Appellant(s) vs. ZONING ADMINISTRATOR, Respondent |
Appealing a Revocation Request dated March 11, 2011, addressed to DBI Director Vivian Day, which requests that BPA No. 2011/01/18/8510 be revoked because it was issued over-the-counter without Planning Department review. Permit is to obtain final inspection for work approved under BPA No. 9923329 to install a painted wall general advertising sign. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Peterson, the Board voted 2-2-1 (President Goh and Commissioner Fung dissented, Vice President Garcia absent) to grant the appeal and overturn the Request for Revocation on the basis that the Zoning Administrator erred or abused his discretion. Lacking the four votes needed to pass, the motion failed. With no further motion made, the Revocation Request is upheld by operation of law.
SPEAKERS: Sarah Owsowitz, attorney for appellant; Dan Sider, Planning Department; Joseph Duffy, DBI.
PUBLIC COMMENT: None.
(7) APPEAL NO. 11-034
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ANTOINETTE LAMA dba “ CHUCK’S STORE”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent |
Appealing a twenty-five (25) day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 09, 2011. Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-011-16. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Peterson, the Board voted 4-0-1 (Vice President Garcia absent) to grant the appeal and reduce the suspension to 20 days.
SPEAKERS: Antoinette Lama, appellant; Dr. Johnson Ojo, DPH.
PUBLIC COMMENT: Barbara Thomson spoke in support of the appellant.
(8) APPEAL NO. 11-036
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ABDO SALEH dba “ISLAND MARKET DELI”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent |
2 Avenue of the Palms, Bldg. 146, Appealing a twenty-five (25) day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 09, 2011. Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-011-17. FOR HEARING TODAY. |
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ACTION: Upon motion by President Goh, the Board voted 4-0-1 (Vice President Garcia absent) to reschedule the matter to May 25, 2011.
SPEAKERS: Roni Rotholz, attorney for appellant; Dr. Johnson Ojo, DPH.
PUBLIC COMMENT: None.
(9) APPEAL NO. 11-037
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RAED YASER dba “WHITE PALACE LIQUOR”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent |
Appealing a twenty-five (25) day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 09, 2011. Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-011-13. FOR HEARING TODAY. |
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ACTION: Upon motion by President Goh, the Board voted 3-1-1 (Commissioner Fung dissented, Vice President Garcia absent) to deny the appeal and uphold the 25 day suspension.
SPEAKERS: Raed Yaser, appellant; Louay Shihadih, agent for appellant; Dr. Johnson Ojo, DPH.
PUBLIC COMMENT: None.
(10) APPEAL NO. 11-042
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SALEH M. ALDOHMI dba “U.S. SMOKE SHOP”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent |
Appealing a twenty-five (25) day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 09, 2011. Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-011-19. FOR HEARING TODAY. |
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ACTION: Upon motion by Commissioner Hwang, the Board voted 4-0-1 (Vice President Garcia absent) to grant the appeal and reduce the suspension to 20 days.
SPEAKERS: Saleh Aldohmi, appellant; Dr. Johnson Ojo, DPH.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Goh adjourned the meeting at 7:10 p.m.
