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 10, 2001
5:30 P.M., CITY HALL, ROOM 416
1 DR. CARLTON B. GOODLETT PLACE
PRESENT: President Arnold Chin, Vice President Sabrina Saunders, Commissioners Allam El Qadah, and Commissioner John McInerney.
Judith Boyajian, Deputy City Attorney (DCA); Lawrence Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); and Linda Avery, Acting Executive Secretary for the Board.
ABSENT: Commissioner Carole Cullum.
(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.
SPEAKERS: President Chin, Commissioners El Qadah and McInerney enumerated equipment and supplies needs for the Board office and requested that budget matters be calendared for February 7, 2001.
(3)MATTERS FOR CONSIDERATION AND OTHER CORRESPONDENCE:
REQUESTS FOR REHEARING:
ITEM A: 561 Baker Street. Letter from David Abbatematteo, attorney for permit holder, Terrance Allen, requesting rehearing of Appeal No. 00-103, heard November 15, 2000. Upon motion by Commissioner McInerney, the Board voted 5-0 to UPHOLD the sections of the subject permit that remove the improvements on the ground floor, to remove the improvements on the roof, to open both stairways, for fire-rated doors to be installed, and that improvements in the attic space as well as the modified stairways meet the requirements of the Housing Code.
ACTION: After discussion, upon motion by President Chin, the Board voted 4-0 (Commission Cullum absent) to DENY the request for rehearing.
SPEAKERS: 1. Andrew Wiegel, attorney for the permit holder, testified that he was requesting clarification of the Board’s decision, rather than a rehearing. 2. Laurence Kornfield, CBI reported that he met with the permit holder’s architect and reviewed the plans.
ITEM B: 1660 Mission Street. Letter from Lois H. Scott for IFPTE, Local 21, appellant, requesting rehearing of Appeal No. V00-169, heard December 6, 2000. Upon motion by Commissioner McInerney, the Board voted 4-1 (Commissioner Cullum dissented) to UPHOLD the Zoning Administrator with no modifications.
ACTION: After discussion, upon motion by President Chin, the Board voted 3-1 (Commissioner El Qadah dissented, Commissioner Cullum absent) to DENY the request for rehearing.
SPEAKERS: 1. Mark Paez, for appellant, urged the Board to grant a rehearing. 2. Laurence Badiner, ZA commented that parking for City vehicles is a condition of the variance. 3. Neil Friedman, Building Inspector for DBI urged the Board to deny the request for rehearing.
REQUEST FOR JURISDICTION BEYOND FIFTEEN-DAY APPEAL PERIOD:
ITEM C: 39 Ellert Street. Letter from Robert Adler requesting that the Board take jurisdiction over Building Permit Application No. 9809227S issued to Arnaldo and Elsa Bustamante for construction of a new 770 s.f. two-story rear addition with deck above.
Date permit issued November 20, 2000
Last day to appeal December 5, 2000
Request for jurisdiction December 6, 2000
ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 4-0 (Commissioner Cullum absent) to DENY the request for jurisdiction.
SPEAKERS: 1. Robert Adler, requestor testified that he was confused about the dates on the issuance notice and asked that the Board grant his request. 2. Jennifer Torbohn, attorney for permit holder, urged the Board to deny the request.
(4)CONSENT ITEMS: With the consent of the Department 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.
(A)APPEAL NO. 00-245
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TAMI LAM, Appellant
DEPT. BUILDING INSPECTION, Respondent
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[1751 - 28th Avenue.
[Appeal for Refund of Penalty imposed on [December 6, 2000.
[APPLICATION NO. 2000/12/06/7324.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner El Qadah, the Board voted 4-0 (Commissioner Cullum absent) to OVERRULE the department with the CONDITION that the penalty be reduced to three times the regular fee of $85.15 for a total of $255.45.
SPEAKERS: Tami Lam, appellant testified that her contractor did not know a permit was needed. 2. Laurence Kornfield, CBI reported that once the appellant was cited, she applied for a permit to legalize the work.
(B)APPEAL NO. 00-248
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LEVIT CHAVEZ, Appellant
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[66 Ceres Street.
[Imposition of Penalty on December 6, 2000.
[APPLICATION NO. 9910307.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0 (Commissioner Cullum absent) to OVERRULE the department with the CONDITION that the penalty be reduced to two times the regular fee of $378.30 for a total of $756.60.
SPEAKERS: The appellant was present but did not speak.
(C)APPEAL NO. 00-249
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DANNY Y. LOUIE, Appellant
DEPT. BUILDING INSPECTION, Respondent
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[64 Arleta Avenue.
[Appeal for Refund of Penalty imposed on [December 13, 2000.
[APPLICATION NO. 2000/12/13/7814.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 4-0 (Commissioner Cullum absent) to OVERRULE the department with the CONDITION that the penalty be reduced to two times the regular fee of $215.80 for a total of $431.60.
SPEAKERS: The appellant was present but did not speak.
(5)APPEAL NO. 00-167
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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 AFTER
[TESTIMONY DECEMBER 6, 2000.
[FOR FURTHER CONSIDERATION
[TODAY.
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ACTION: RESCHEDULED to January 24, 2001 at request of Jeremy Paul, agent for permit holder.
Items (6A) and (6B) were heard together
(6A)APPEAL NO. 98-035
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VICTOR TWAL dba "BUDDIES", Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[498 Sanchez Street.
[Denial on February 13, 1998, of permit to [Alter a Building (legalize awning and sign [installed without permit).
[APPLICATION NO. 9723854.
[FOR HEARING TODAY.
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(6B)APPEAL NO. 99-197
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MICHAEL CRAWFORD & TOM HANUS,
dba "CHAT CAFÉ", Appellants
vs.
DEPARTMENT OF PUBLIC WORKS, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[498 Sanchez Street.
[Denial on December 7, 1999, of permit for [12 chairs on sidewalk.
[FOR HEARING TODAY.
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ACTION: RESCHEDULED to April 11, 2001 prior to hearing at request of appellants.
(7)APPEAL NO. 00-073
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DONALD W. McNABB, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[1785 Bancroft Avenue.
[Denial on April 28, 2000, of permit to Alter a [Building (conversion of existing warehouse/
[storage facility into a hot tub/spa estab-[lishment).
[APPLICATION NO. 9917785.
[FOR HEARING TODAY.
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ACTION: RESCHEDULED to March 7, 2001 prior to hearing at request of appellant.
(8)APPEAL NO. 00-117
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STEPHEN KOCH & KATHRYN NYROP, Appellants
ZONING ADMINISTRATOR, Respondent
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[2531-2533 Baker Street.
[Zoning Administrator determination dated [July 6, 2000 that Planning Code Section 188 [clearly allows for the expansion of a non-[conforming building as long as the expan-[sion does not increase the amount of non-[conformity; building additions must be in [compliance with Residential Design [Guidelines (RDG) and Planning Code [Section 101.1 with the RDG applying to [additions and new construction, not to pre-[existing legal non-conformities.
[FOR HEARING TODAY.
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ACTION: RESCHEDULED to April 11, 2001 prior to hearing at request of parties.
(9)APPEAL NO. 00-190
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RDM EXPRESS, INC., dba "EUROPA EXPRESS", Appellant
DEPT. OF PUBLIC HEALTH, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[750 La Playa Street.
[Disapproval dated October 3, 2000 of [Health Permit Application Zoning Referral [for storage of goods and materials in a NC-2 [(Small-Scale Neighborhood Commercial) [District to be used by a business at another [location, which is not permitted per [Planning Code Sections 711.66 and [790.117.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 4-0 (Commissioner Cullum absent) to OVERRULE the Zoning Administrator and allow the storage of goods and materials at the subject location.
SPEAKER: Lawrence Badiner, ZA testified that the Planning Department had erred in its decision and no longer opposed the zoning referral.
(10)APPEAL NO. 00-032
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DAVID BAKER & JANE MARTIN, Appellants
ZONING ADMINISTRATOR, Respondent
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[337-339 Shotwell Street.
[Determination by the Zoning Administrator [dated February 16, 2000 that denies request [to designate combined office and storage [Limited Commercial Use space as one [commercial space; denies request that the [apartment area be 375 s.f.; denies request [that the stable/carriage house footprint be [reduced to its original dimensions of [approximately 20 x 25 feet; and denies [request that the stable/carriage house be [used as a workshop.
[PUBLIC HEARING CLOSED AFTER [TESTIMONY APRIL 12, 2000.
[FOR FURTHER CONSIDERATION [TODAY.
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ACTION: RESCHEDULED to February 7, 2001 prior to hearing at request of the parties.
(11)APPEAL NO. V00-168
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RAYMOND WONG, Appellant
ZONING ADMINISTRATOR, Respondent
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[337-339 Shotwell Street.
[Protesting granting on September 27, 2000, [to David Baker and Jane Martin, Rear Yard [Variance to demolish existing enclosed work [yard that occupies the rearmost 54 feet of [the property, and to construct a new three-[story structure as an addition to the existing [dwelling unit.
[VARIANCE CASE NO. 2000.662V.
[FOR HEARING TODAY.
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ACTION: RESCHEDULED to February 7, 2001 prior to hearing at request of the parties.
There being no further business, President Chin adjourned the meeting at 6:35 p.m.
___________________________________
Arnold Y.K. Chin, President
___________________________________
Linda D. Avery, Acting Executive Secretary
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter, (415) 576-0700.
