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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 24, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Hisashi Sugaya, Commissioner Frank Fung, Commissioner Randall Knox, and Commissioner Michael Garcia.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (OCA); Jonas Ionin, Senior Planner, Planning Department (PD); Leo McFadden, Senior Building Inspector, Dept. of Building Inspection (DBI); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
ABSENT: Commissioner Katharine Albright.
(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) COMMISSIONERS COMMENTS & QUESTIONS.
SPEAKERS: None.
(3) ADDENDUM ITEMS: None.
(4) APPEAL NO. 04-019
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OCEAN PARC VILLAGE
HOMEOWNER’S ASSOCATION, Appellant(s)
vs.
PLANNING DEPARTMENT, Respondent
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730 Great Highway.
Protesting the issuance on March 8, 2004, to Tom and Breda MacDonald & KTH LLC, Coastal Zone Permit Authorization (proposal is to construct a new 3-story, 4-unit building approximately 32 feet in height on a vacant lot).
CASE NO. 2003.1009P.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to reschedule the matter to Dec. 7, 2005 at the written request of the parties.
SPEAKERS: None.
(5) APPEAL NO. 04-116
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JOHN BRENNAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1420 Haight Street.
Appealing a determination dated August 17, 2004, addressed to Matthew Brennan (Subject Property Owner Mehran Ismaili), that the notification and hearing for Conditional Use (CU) Motion No. 16593, which adds 2,300sf of retail space to the existing 3,300sf shoe store at the subject property, was properly performed, and thus it is not necessary to halt construction as authorized under CU Motion.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Garcia, the Board voted 3-1-1 (President Sugaya dissented, Commissioner Albright absent) to uphold the determination.
SPEAKERS: Jonas Ionin, PD; Mark Brennan, attorney for appellant; John Brennan, attorney for appellant; David Levy, attorney for subject property owner; Michael Ghadieh, Charles Canepa, Ted Loewenberg, Michael O’Connor, Fred Kazzouh, and John Exworthy, for subject property owner; Joe O’Donogue and Andrew Smith, for appellant.
ITEMS 6(A) & (6B) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 05-081
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LAURENCE BERG,
SANDRA STRINGER, MAURISA THIGPEN,
& JOERG WESTERMANN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2889 – 24th Street.
Protesting the issuance on April 22, 2005, to Mike Boschetto, Permit to Demolish a Building (single-story pool hall / restaurant with 3,233sf of ground floor area).
APPLICATION NO. 2003/03/25/0620.
FOR HEARING TODAY.
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(6B) APPEAL NO. 05-121
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LAURENCE BERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2889 – 24th Street.
Protesting the issuance on April 22, 2005, to Mike Boschetto, Site Permit to Erect a Building (4-story, 8-unit retail/apartment building with 4,942sf of ground floor area).
APPLICATION NO. 2003/03/25/0625S.
JURISDICTION GRANTED 06/29/2005.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the demolition permit, and uphold the site permit with revised plans dated August 24, 2005.
SPEAKERS: Laurence Berg, co-appellant; Brett Gladstone, attorney for permit holder; Joerg Westermann, co-appellant; Greg Bergere, agent for permit holder.
(7) APPEAL NO. 05-120
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HONORWAY
INVESTMENT CORPPORATION, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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388 Market Street.
Appealing a Notice of Violation dated June 27, 2005, that the closure of the lobby to the general public violates the building’s Conditional Use (Cu) Authorization (Case No. 1981.195C), and also violates § 126 of the Planning Code.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the Notice of Violation.
SPEAKERS: Jonas Ionin, PD; Peter Kwok, agent for appellant; Jacqueline Robinson, agent for appellant; Eric Oloya, agent for appellant.
(8) APPEAL NO. 05-122
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PAUL CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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2615-2623 Pacific Avenue.
Appealing the denial on July 14, 2005, of Permit to Alter a Building (convert existing 5-unit apartment building into a single-family house; remove existing rear stair and roof; add new stair, elevator and roof; re-arrange existing units, size and location; excavate existing basement; alter existing elevation; sprinklers under separate permit).
APPLICATION NO. 2003/06/22/7590.
FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Knox, the Board voted 2-2-1 (Commissioners Fung and Garcia dissented, Commissioner Albright absent) to uphold the denial. 4 votes being required to overturn a departmental action, the denial was upheld.
SPEAKERS: Jonas Ionin, PD; David Silverman, attorney for appellant; Andrew Zacks, for appellant; Alice Piccus, Judith Duffy, Ian Berke, Greg Scott, and Courtney Clarkson, for Planning Commission.
There being no further business, President Sugaya adjourned the meeting at 8:40 p.m.
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 415-506-0430.
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES, PUBLIC COMMENT – AUGUST 24, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
ITEMS:
(1) PUBLIC COMMENT: None
(2) PUBLIC COMMENT: None.
(3) PUBLIC COMMENT: None.
(4) PUBLIC COMMENT: None.
(5) PUBLIC COMMENT: Michael Ghadieh said CU holder being harassed and owner’s business is good for merchants because it brings people to the neighborhood which benefits all the other shops.
Charles Canepa said owner has been a good neighbor.
Ted Loewenberg confused about why we are here since Board Of Appeals has no jurisdiction over conditional use authorization. CU should have been appealed to Board Of Supervisor with enforcement of its conditions for Planning and City attorney. He thinks this appeal is an abuse of process and he supports determination holder.
Michael O’Connor described store as a healthy business from the point of view of the Small Business Commission and it should be commended.
Fred Kazzouh said there has been no violation here and no complaints against owner even during construction phase and all the other shops benefit by presence of subject business. Appeal serves no purpose and seems like harassment.
John Exworthy said on his walking tour of the Haight be pointed out this store as having the first elevator on the street making it accessible to disabled people who need shoes too.
Joe O’Donoghue said the approval of the CU was wrong and reveals a double standard since notification for Commission hearing was insufficient and didn’t meet Section 312 standards, nor was it written in clear language.
Andrew Smith said he supports appellant since notification for Commission hearing was defective and store is much larger than advertised.
(6a/b) PUBLIC COMMENT: None.
(7) PUBLIC COMMENT: None.
(8) PUBLIC COMMENT: Andrew Zacks said he opposed denial because it is not consistent with court decision and Board as gatekeeper to courts has an obligation to protect City from litigation based on failure to follow law and Board should overrule denial and allow project.
Alice Piccus said the free spacious apartments serve needs if families in Pacific Height there are few such large apartments remaining so he supports denial.
Judith Duffy of PHRA said City policy should be implemented as here and department should be supported and denial upheld.
Ian Berke said five large units are very desirable and brokers would kill to have such units, because they are so desirable. Appellant misled Planning Commission to evade merger restrictions and property will be a mega-home.
Gregory Scott of PHRA said these are entry-level units, all building could be a TIC for which banks give loans.
Courtney Clarkson urged Board to uphold Commission and building has been gutted a year ago.
