2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 MINUTES OF THE
REGULAR MEETING OF THE SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, JANUARY 24, 2001
5:30 P.M., CITY HALL, ROOM 416
1 DR. CARLTON B. GOODLETT PLACE
PRESENT: Vice President Sabrina Saunders, Commissioners Carole Cullum, Allam El Qadah, and John McInerney.
Judith Boyajian, Deputy City Attorney (DCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); Isolde Wilson representing the Zoning Administrator and the Planning Department; and Sgt. William Coggan, Police Department Legal Division (PDLD).
ABSENT: President Arnold Chin; and Linda Avery, Acting Executive Secretary for the Board.
(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.
(2)COMMISSIONERS COMMENTS AND QUESTIONS.
Items (3A) through ( 3H) were heard together
(3A)APPEAL NO. 00-218
METREON, A SONY ENTERTAINMENT CENTER, Appellant
POLICE DEPARTMENT, Respondent
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[101 Fourth Street.
[Revocation of Dance Hall Keeper permit on [October 27, 2000, for failure to pay license [fee.
[PERMIT NO. P22-001011.
[FOR HEARING TODAY.
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(3B)APPEAL NO. 00-219
METREON, A SONY ENTERTAINMENT CENTER, Appellant
POLICE DEPARTMENT, Respondent
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[101 Fourth Street.
[Revocation of Dance Hall Keeper permit on [October 27, 2000, for failure to pay license [fee.
[PERMIT NO. P22-001012.
[FOR HEARING TODAY.
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(3C)APPEAL NO. 00-220
METREON, A SONY ENTERTAINMENT CENTER, Appellant
POLICE DEPARTMENT, Respondent
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[101 Fourth Street.
[Revocation of Dance Hall Keeper permit on [October 27, 2000, for failure to pay license [fee.
[PERMIT NO. P22-001013.
[FOR HEARING TODAY.
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(3D)APPEAL NO. 00-221
METREON, A SONY ENTERTAINMENT CENTER, Appellant
POLICE DEPARTMENT, Respondent
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[101 Fourth Street.
[Revocation of Dance Hall Keeper permit on [October 27, 2000, for failure to pay license [fee.
[PERMIT NO. P22-001014.
[FOR HEARING TODAY.
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(3E)APPEAL NO. 00-222
METREON, A SONY ENTERTAINMENT CENTER, Appellant
POLICE DEPARTMENT, Respondent
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[101 Fourth Street.
[Revocation of Place of Entertainment [permit on October 27, 2000, for failure to [pay license fee.
[PERMIT NO. P23-001084.
[FOR HEARING TODAY.
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(3F)APPEAL NO. 00-223
METREON, A SONY ENTERTAINMENT CENTER, Appellant
POLICE DEPARTMENT, Respondent
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[101 Fourth Street.
[Revocation of Place of Entertainment [permit on October 27, 2000, for failure to [pay license fee.
[PERMIT NO. P23-001085.
[FOR HEARING TODAY.
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(3G)APPEAL NO. 00-224
METREON, A SONY ENTERTAINMENT CENTER, Appellant
POLICE DEPARTMENT, Respondent
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[101 Fourth Street.
[Revocation of Place of Entertainment [permit on October 27, 2000, for failure to [pay license fee.
[PERMIT NO. P23-001086.
[FOR HEARING TODAY.
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(3H)APPEAL NO. 00-225
METREON, A SONY ENTERTAINMENT CENTER, Appellant
POLICE DEPARTMENT, Respondent
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[101 Fourth Street.
[Revocation of Place of Entertainment [permit on October 27, 2000, for failure to [pay license fee.
[PERMIT NO. P23-001087.
[FOR HEARING TODAY.
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ACTION: WITHDRAWN by appellant prior to hearing.
(4)APPEAL NO. 00-226
ANNIE A. BERTHIAUME, dba "VSF", Appellant
POLICE DEPARTMENT, Respondent
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[278 - 11th Street.
[Revocation of Billiard Parlor permit on [October 27, 2000, for failure to pay license [fee.
[PERMIT NO. P12-001055.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner Cullum, the Board voted 4-0 (President Chin absent) to RESCHEDULE the matter to February 7, 2001 to allow Sergeant Coggan time to contact the appellant and request that she withdraw her appeal since the license fee has been paid.
SPEAKER: Sergeant William Coggan, PDLD reported that the appellant has paid the license fee and that the permit has been reinstated.
(5)APPEAL NO. 00-227
NOEL A. GARAY, Appellant
POLICE DEPARTMENT, Respondent
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[Revocation of Tow Car Operator permit on [October 27, 2000, for failure to pay license [fee.
[PERMIT NO. P43-001155.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner Cullum, the Board voted 4-0 (President Chin absent) to RESCHEDULE the matter to February 28, 2001 to allow Sergeant Coggan time to contact the appellant.
SPEAKER: Sergeant William Coggan, PDLD requested time to contact the appellant to arrange for payment of the license fee.
(6)APPEAL NO. 00-167
SALVATORE & SHIRLEY VERNALE, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[952 DeHaro Street.
[Protesting issuance on September 25, [2000, to Raymond Chan, permit to Alter a [Building (interior partition work; remodel [baths and kitchen; minor exterior front [elevation change; structural and room [framing under separate addendum permit).
[APPLICATION NO. 2000/09/26/1572.
[PUBLIC HEARING CLOSED DECEMBER [6, 2000.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: After discussion, upon motion by Commissioner El Qadah, the Board voted 4-0 (President Chin absent) to UPHOLD the department and GRANT the permit with the CONDITION the roof line be restored as shown in the revised plans dated January 23, 2001.
SPEAKERS: 1. Jeremy Paul, representative for permit holder apologized for the delay in submitting revised plans. 2. Robert Daniels, representative for the appellant stated that the parties have reached an agreement as long as the roof line is restored according to the drawing submitted at hearing.
(7)APPEAL NO. 00-059
KATHRYN L. ANDERSON, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[347A Masonic Avenue.
[Protesting issuance on April 4, 2000, to [John Mallory, permit to Alter a Building [(relocate wall between unit and garage; [level floor; change sink/wash basin location; [add electrical fixtures; remove illegal unit [and revert to original use).
[APPLICATION NO. 2000/02/23/2634.
[FOR REHEARING TODAY.
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ACTION: WITHDRAWN by appellant prior to hearing.
(8)APPEAL NO. 00-212
MYRA HOM SHORT, Appellant
DEPT. OF PUBLIC WORKS, Respondent
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[653 Irving Street.
[Denial on October 27, 2000, of permit to [Remove and Replace One Tree.
[ORDER NO. 172,618.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 3-1 (Commissioner McInerney dissented, President Chin absent) to overrule the department and grant the permit with the condition that the replacement tree is of a more suitable species. Four votes being necessary to overrule a department, the motion FAILED and the subject denial was UPHELD.
SPEAKERS: 1. Paul Sacamano, Program Manager for Urban Forestry explained the reasons for denying the permit. 2. Myra Hom Short, appellant urged the Board to allow her to remove the tree and replace it with a much smaller one.
(9)APPEAL NO. 00-210
BRUCE & ELIZABETH ERICSON, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
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[2660 Green Street.
[Protesting issuance on October 17, 2000, to [John and Joan Lavorgna, permit to Alter a [Building (remodel kitchen, bath and [bedroom; repair existing rear deck).
[APPLICATION NO. 2000/10/17/3189.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 4-0 (President Chin absent) to UPHOLD the department and GRANT the permit with the CONDITIONS as stated in the agreement by the parties dated January 15, 2001.
SPEAKERS: 1. Bruce Ericson, appellant stated that the parties had reached an agreement. 2. Christopher Rose, architect for the permit holders concurred with the appellants.
(10)APPEAL NO. 00-215
JOAN COLEMAN SPAARGAREN, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
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[710 - 10th Avenue.
[Determination dated October 20, 2000 that [the work performed on the property July 21, [2000 constituted an unlawful demolition [pursuant to Building Code Section 103.3 [and the permits are hereby revoked.
[APPLICATION NOS. 9905698S1,
[2000/04/07/6740.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner Cullum, the Board voted 4-0 (President Chin absent) to CONTINUE the matter to February 7, 2001.
SPEAKERS: 1. Laurence Kornfield, CBI, DBI did not object to a new hearing date. 2. John Sanger, attorney for appellant requested that the matter be moved to the next available calendar when a full Board will be present.
There being no further business, Commissioner McInerey adjourned the meeting at 6:42 p.m.
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John E. McInerney, Commissioner
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Linda D. Avery, Acting Executive Secretary
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter, (415) 576-0700.