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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, SEPTEMBER 19, 2001

5:30 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

PRESENT: President Arnold Chin, Commissioner Allam El Qadah, and Commissioner John McInerney.

Larry Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); and Robert Feldman, Executive Secretary for the Board.

ABSENT: Vice President Sabrina Saunders, Commissioner Carole Cullum, and Deputy City Attorney Judith Boyajian.

(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.

SPEAKERS: None.

(2)COMMISSIONERS COMMENTS AND QUESTIONS. President Chin announced that two Commissioners could not attend and since at least four Commissioners are necessary to decide requests for rehearing and to overrule a department action that the meeting could not go forward except to reschedule the items on the schedule to future dates when four or five Commissions will be present. He also announced that two Commissioners were unavailable October 31 and he asked staff to reschedule that entire calendar to November 7.

SPEAKER: There was no public comment on any of the following items. When each item was called the principals came forward to the lectern and the Board decided to which date the items would be rescheduled after brief discussion with the parties as to acceptable hearing dates.

(3)MATTERS FOR CONSIDERATION AND OTHER CORRESPONDENCE:

ITEM A: 100-122 - 15th Street. Letter from Walter Wong, agent for the appellant/property owner, Larry Wasserman, requesting a rehearing of Appeal No. 01-079, heard June 13, 2001. Upon motion by Commissioner Cullum, the Board voted 3-2 (President Chin and Commissioner El Qadah dissented) to UPHOLD the subject determination regarding transfer of business service determination from 200 Kansas Street to 100-122 - 15th Street.

ACTION: This matter was RESCHEDULED to October 24, 2001 prior to hearing.

ITEM B: 1021 Francisco Street. Letter from John Loughran, co-appellant, requesting rehearing of Appeal No.

01-118, heard August 22, 2001. Upon motion by Commissioner McInerney, the Board voted 5-0 to UPHOLD the subject permit issued to Lisa Giannone.

ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Vice President Saunders and Commissioner Cullum absent) to RESCHEDULE the matter to October 10, 2001.

SPEAKERS: 1. John Loughran, requestor/co-appellant, asked that the matter go to October 10, 2001. 2. Jack Scott, agent for permit holder, asked for October 3, 2001.

ITEM C: 1432-1434 Kearny Street. Letter from Steve Atkinson, attorney for permit holders Nan & Nathan Roth, requesting rehearing of Appeal Nos. 00-258/259/260/261, heard August 22, 2001. Upon motion by Commissioner McInerney, the Board voted 4-1 (President Chin dissented) to REVOKE both permits.

ACTION: This matter was RESCHEDUED to November 14, 2001 prior to hearing.

(4)APPEAL NO. 01-145

MARIO BENASSINI, Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

[740 Vermont Street.

[Protesting issuance on August 10, 2001, to [Joyce Book, Permit to Alter a Building [(remodel first two stories, adding third story, [demolish existing garage on West side and [replace with new one-car garage).

[APPLICATION NO. 2000/10/05/2384S.

[FOR HEARING TODAY.

ACTION: Upon motion by Commissioner McInerney, the Board voted 3-0-2 (Vice President Saunders and Commissioner Cullum absent) to RESCHEDULE the matter to October 3, 2001.

SPEAKERS: Roger Kubein, attorney for appellant, asked for October 24, 2001. 2. Joyce Book, permit holder, said she was unavailable October 24, 2001, and asked for October 3, 2001.

(5) APPEAL NO. V01-059

MORGAN F. BENEDICTO, Appellant

vs.

ZONING ADMINISTRATOR, Respondent

[699 Paris Street.

[Denial on March 20, 2001, of Minimum Lot [Size, Rear Yard, and Front Yard Variance [sought to subdivide a previously subdivided [3,150 s.f. corner parcel into two lots with the [new proposed vacant lot equaling [approximately 1,260 s.f., and construct a [new three story, single family dwelling on [the proposed subdivided vacant lot.

[VARIANCE CASE NO. 2000.870V

[PUBLIC TESTIMONY HEARD JUNE 20, 2001 & AUGUST 8, 2001.

[FOR FURTHER CONSIDERATION TODAY.

ACTION: Upon motion by Commissioner McInerney, the Board voted 3-0-2 (Vice President Saunders and Commissioner Cullum absent) to RESCHEDULE the matter to October 3, 2001.

SPEAKERS: 1. Morgan Benedicto, appellant, asked for October 3, 2001. 2. Larry Badiner, ZA, agreed to October 3, 2001. 3. Steven Currier, from the neighborhood association, also agreed to October 3, 2001.

(6)APPEAL NO. 01-116

ZHENG HAI PING, Appellant

vs.

DEPARTMENT OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

[1835 - 47th Avenue.

[Protesting issuance on June 28, 2001, to [Val Khomchenko, Permit to Alter a Building [(legalize bathroom, remove illegal kitchen in [illegal unit and replace it with storage space)

[APPLICATION NO. 2001/06/28/2618)

[PUBLIC HEARING HELD AUGUST 22, [2001.

[FOR FURTHER CONSIDERATION TODAY.

ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Vice President Saunders and Commissioner Cullum absent) to RESCHEDULE the matter to October 10, 2001.

SPEAKERS: 1. Zheng Hai Ping, appellant, asked for October 24, 2001, and said he is available October 3rd and 10th also. 2. Daniel Bornstein, attorney for permit holder, asked for October 3, 2001.

(7)APPEAL NO. 01-130

TUDOR HILL TENANTS ASSOCIATION, Appellant

vs.

ZONING ADMINISTRATOR, Respondent

[1111-1113 Green Street.

[Protesting determination by the Zoning [Administrator, dated July 24, 2001, [addressed to George Hoffberg, subject [property at 1111-1113 Green Street, that the [proposal under Building Permit Application [No. 2001/03/13/4165 to convert one ["uninhabitable" room, at the lowest floor of [the building, to a new bedroom connected to [the unit above by an interior stairway, and to [replace two existing interior storage room [doors with full height doors, is permitted at [the subject property.

[FOR HEARING TODAY.

ACTION: Upon motion by Commissioner El Qadah, the Board voted 3-0-2 (Vice President Saunders and Commissioner Cullum absent) to RESCHEDULE the matter to October 24, 2001.

SPEAKERS: 1. Paul Carlstrom, agent for appellant, asked for October 24, 2001. 2. George Hoffberg, permit holder, asked for October 3, 2001. 3. Larry Badiner, ZA, asked for October 24, 2001.

(8)APPEAL NO. 01-134

FRANK S. DUARTE, JR., Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

[1196 Hampshire Street.

[Protesting issuance on August 13, 2001, to [William Sorenson & James Cline, Permit to [Alter A Building (complete work started [under Building Permit Application Nos. [9912409 and 2000/08/17/8163, correct [estimated cost and comply with Notice of [Violation).

[APPLICATION NO. 2001/08/13/5945.

[FOR HEARING TODAY.

ACTION: Upon motion by Commissioner McInerney, the Board voted 3-0-2 (Vice President Saunders and Commissioner Cullum absent) to RESCHEDULE the matter to October 3, 2001.

SPEAKERS: 1. Frank Duarte, appellant, said any date was acceptable to him. 2. James Cline, co-permit holder, asked for October 3, 2001.

There being no further business, President Chin adjourned the meeting at 5:55 p.m.

____________________________ _________________________________

Arnold Y.K. Chin, President Robert H. Feldman, Executive Secretary

Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter, (415) 348-0050.