2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
MINUTES OF THE REGULAR MEETING OF THE
SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, DECEMBER 6, 2000
5:30 P.M., CITY HALL, ROOM 416
1 DR. CARLTON B. GOODLETT PLACE (FORMERLY 301 POLK STREET)
PRESENT: President Arnold Chin, Vice President Sabrina Saunders, Commissioner Carole Cullum, Commissioner 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.
(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.
ACTION: Upon motion by President Chin, the Board voted 5-0 to open a special meeting on December 20, 2000, with an early start time of 5:00 p.m.
(3)REQUEST FOR REHEARING: 537 Divisadero Street. Letter from Thomas F. Chan, attorney for Monetary Management of California dba "Payday Loans Money Mart Checks Cashed", appellant requesting rehearing of Appeal No. 00-102, heard September 20, 2000. Upon motion by Commissioner Cullum, the Board voted 4-1 (Commissioner McInerney dissented) to GRANT the subject permit on CONDITION that the size of the words "Money Mart" and "Western Union" stay unchanged, and with the words "Check Cashing" and "Payday Loans" be displayed underneath the words "Money Mart" and "Western Union" with no greater than two inch type face.
ACTION: Upon motion by President Chin, the Board voted 5-0 to GRANT the request for rehearing, with said rehearing to be the first case on calendar for December 20, 2000.
SPEAKERS: 1. Thomas Chan, attorney for requestor/permit holder, urged the Board to grant the rehearing request. 2. Patricia Vaughey, agent for appellant, did not object to the rehearing request.
(4)APPEAL NO. 00-181
|
ELIZABETH JAMERSON, Appellant
ZONING ADMINISTRATOR, Respondent
|
[1592-1594 Golden Gate Avenue.
[Determination dated September 27, [2000 by the Zoning Administrator that [after review of the request submitted by [the Neighbors of the New Laguna [Market and departmental records, there [is sufficient evidence to constitute clear [intent on the part of the owner to [abandon the Limited Commercial Use [for the subject property.
[FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner McInerney, the Board voted 5-0 to RESCHEDULE the matter to February 28, 2001, and for the matter to be the first case on said calendar.
SPEAKERS: 1. William Balin, attorney for the appellant, requested a rescheduling. 2. Lawrence Badiner, ZA, did not object to the rescheduling request.
Items (5A) and (5B) were heard together
(5A)APPEAL NO. 98-055
|
TUDOR HILL TENANTS ASSN., Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[1111-1133 Green Street.
[Protesting issuance on March 24, 1998, [to George Hoffberg, permit to Alter a [Building (split into two buildings; new fire [walls and other code upgrades as [required per meeting and letter dated [January 22, 1996).
[APPLICATION NO. 9802162.
[FOR FURTHER HEARING TODAY.
|
|
TUDOR HILL TENANTS ASSN., Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[1111-1133 Green Street.
[Protesting issuance on March 24, 1998, [to George Hoffberg, permit to Alter a [Building (split existing building on one [lot into two buildings on two lots; new [fire walls).
[APPLICATION NO. 9802163.
[FOR FURTHER HEARING TODAY.
|
ACTION: After discussion, upon motion by Commissioner Cullum, the Board voted 5-0 to REVOKE both permits.
SPEAKERS: 1. Mark Middleton, agent for the appellant, urged the Board to revoke both permits. 2. George Hoffberg, permit holder, urged the Board grant the permits. 3. Lawrence Badiner, ZA, asked the Board to revoke the permits. 4. Paul Carlstrom, agent for the appellant, also asked the Board to revoke the permits.
(6)APPEAL NO. 00-143
|
PEG O’MALLEY, Appellant
ZONING ADMINISTRATOR, Respondent
|
[135 Carl Street.
[Zoning Administrator’s determination [dated August 18, 2000 that the proposal [to change the basement unit into a [common area laundry and private [storage facilities for use by all of the [building’s occupants will constitute a [removal of a unit and not a dwelling unit [merger.
[PUBLIC HEARING CLOSED AFTER [TESTIMONY NOVEMBER 1, 2000.
[FOR FURTHER CONSIDERATION [TODAY.
|
ACTION: After discussion, upon motion by Commissioner El Qadah, the Board voted 5-0 to OVERRULE the Zoning Administrator’s determination with a FINDNG that the subject space is an illegal unit.
SPEAKERS: 1. Brett Gladstone, attorney for the appellant, urged the Board to overrule the determination. 2. Lawrence Badiner, ZA, explained the reasons behind the determination. 3. Laurence Kornfield, CBI, DBI, answered technical questions from the Board. Public Comment for the Appellant: Jeremy Paul.
(7)APPEAL NO. 00-217
|
TODD & MARTINA FAHRNER , Appellants
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
|
[358 San Carlos Street.
[Denial on November 8, 2000, of permit [to Alter a Building (convert existing [vacant three-unit dwelling into a single [family dwelling with new single parking [space at existing first floor; overall [interior remodel as noted on plans).
[APPLICATION NO. 2000/06/07/2064S.
[FOR HEARING TODAY.
|
ACTION: Upon motion by President Chin, the Board voted 5-0 to CONTINUE the matter to December 20, 2000.
SPEAKERS: 1. Lawrence Badiner, ZA, explained the reasons behind the Planning Commission’s decision to deny the permit. 2. Alvaro Sanchez, agent for the appellants, urged the Board to grant the permit. 3. Todd Fahrner, co-appellant, also asked the Board to grant the permit. Public Comment for the Appellant: Joe O’Donoghue.
(8)APPEAL NO. 00-167
|
SALVATORE & SHIRLEY VERNALE, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[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.
[FOR HEARING TODAY.
|
ACTION: Upon motion by Vice President Saunders, the Board voted 4-0-1 (President Chin abstained) to RECUSE President Chin. Then, after discussion, upon motion by Commissioner McInerney, the Board voted 4-0-1 (President Chin recused) to CONTINUE the matter to December 20, 2000, with the public hearing CLOSED.
SPEAKERS: 1. Salvatore Vernale, appellant, outlined the reasons for the appeal. 2. Jeremy Paul, agent for the permit holder, urged the Board to grant the permit. 3. Lawrence Badiner, ZA, detailed some concerns he had with the permit. Public Comment for the Appellants: Nick Russo, Robert Daniels and Patricia Vaughey.
Items (9A) through (9K) were heard together
(9A)APPEAL NO. 00-170
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[555 - 4th Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (12 live/work units).
[APPLICATION NO. 9825950S.
[FOR HEARING TODAY.
|
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[48 Zoe Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (18 live/work units).
[APPLICATION NO. 9825944S.
[FOR HEARING TODAY.
|
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[25 Welsh Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (16 live/work units).
[APPLICATION NO. 9825945S.
[FOR HEARING TODAY.
|
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[35 Welsh Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (16 live/work units).
[APPLICATION NO. 9825946S.
[FOR HEARING TODAY.
|
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[55 Welsh Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (18 live/work units).
[APPLICATION NO. 9825947S.
[FOR HEARING TODAY.
|
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[75 Welsh Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (16 live/work units).
[APPLICATION NO. 9825948S.
[FOR HEARING TODAY.
|
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[545 - 4th Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (12 live/work units).
[APPLICATION NO. 9825949S.
[FOR HEARING TODAY.
|
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[88 Freelon Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (16 live/work units).
[APPLICATION NO. 9825951S.
[FOR HEARING TODAY.
|
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[48 Freelon Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (18 live/work units).
[APPLICATION NO. 9825952S.
[FOR HEARING TODAY.
|
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[28 Freelon Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (16 live/work units).
[APPLICATION NO. 9825953S.
[FOR HEARING TODAY.
|
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[18 Freelon Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (14 live/work units).
[APPLICATION NO. 9825954S.
[FOR HEARING TODAY.
|
ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner McInerney abstained) to RECUSE Commissioner McInerney. Then, upon motion by President Chin, the Board voted 4-0-1 (Commissioner McInerney recused) to RESCHEDULE the matters to the special meeting on December 20, 2000, with an early start time of 5:00 p.m.
SPEAKERS: None.
(10)APPEAL NO. 00-090
|
HAYES VALLEY PROPERTIES, Appellant
ZONING ADMINISTRATOR, Respondent
|
[529 Hayes Street.
[Notice of Violation issued by the Zoning [Administrator dated June 6, 2000, [requiring that Hayes Valley Properties [immediately eliminate the advertising [office use on the ground floor, and [provide documentation that the violation [has been abated within 15 days from [the date of the Notice, under Planning [Code Sections 790.106 and 790.108.
[FOR HEARING TODAY.
|
ACTION: This matter was WITHDRAWN by the appellant at the hearing.
SPEAKERS: 1. David Wasserman, attorney for the appellant, withdrew the appeal. 2. Lawrence Badiner, ZA, commented on the withdrawal.
(11)APPEAL NO. 00-161
|
ROBERT T. HAYES, dba "EDWARD II BED AND BREAKFAST", Appellant
ZONING ADMINISTRATOR, Respondent
|
[3155 Scott Street.
[Order to Cease Violation of the Planning [Code dated September 11, 2000 for [billboard exceeding 24 feet in height [constructed without proper permits on [the west-facing wall of the building.
[FOR HEARING TODAY.
|
ACTION: After discussion, upon motion by Commissioner Cullum, the Board voted 5-0 to CONTINUE the matter to March 28, 2000, with the public hearing CLOSED, and with a status report from the Zoning Administrator concerning all the commercial signs on Lombard Street between Van Ness and Richardson.
SPEAKERS: 1. Lawrence Badiner, ZA, explained the order. 2. Laurence Kornfield, CBI, DBI, explained relevant sections of the Building Code. 3. Frederic Campagnoli, attorney for the appellant, urged the Board to continue the matter to the indefinite calendar. Public Comment for the Appellant: Patricia Vaughey.
(12)APPEAL NO. V00-169
|
INTL. FEDERATION OF PROFESSIONAL & TECHNICAL ENGINEERS, LOCAL 21
ZONING ADMINISTRATOR, Respondent
|
[1660 Mission Street.
[Protesting granting on September 27, [2000 to the Department of Building [Inspection, Off-Street Parking Variance [to construct a six-story addition above [grade level, approximately 76 feet tall [with 25,365 gross square feet of office [space and 5,073 square feet of parking [at grade level).
[VARIANCE CASE NO. 98.811V.
[FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner McInerney, the Board voted 4-1 (Commissioner Cullum dissented) to UPHOLD the subject variance with no modifications.
SPEAKERS: 1. Mark Paez, President of the Planners Chapter of IFPTE Local 21, urged the Board to impose several conditions on the variance. 2. Lois Scott, member of the Planners Chapter of IFPTE Local 21, also urged the Board to place conditions on the variance. 3. Steven Young, Special Projects Manager, DBI, asked the Board to uphold the variance with no changes. 4. Neil Friedman, Building Inspector, DBI, also asked the Board to uphold the variance without modifications. 5. Mark Dorian, Sr. Architect, DPW, described the timeline for the construction of the annex. 6. Lawrence Badiner, ZA, defended the subject variance. No Public Comment.
There being no further business, President Chin adjourned the meeting at 9:50 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.
