2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 MINUTES OF THE REGULAR MEETING OF THE
SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, OCTOBER 18, 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 Thomas Owen, Deputy City Attorney representing the Taxicab Commission (DCA).
ABSENT: Robert Feldman, 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 Commissioner Cullum, the Board voted 5-0 to add November 8th as a meeting date, and to cancel the November 29th meeting.
(3)MATTERS FOR CONSIDERATION AND OTHER CORRESPONDENCE:
ITEM A: 2258 Beach Street. Letter from Mark S. Hennigh, attorney for Richard Garcia, appellant, requesting rehearing of Appeal Nos. 00-114 and 00-124, heard September 20, 2000. Upon motion by Commissioner McInerney, the Board voted 5-0 to UPHOLD both determinations denying permission to construct a second kitchen in a single-family dwelling and approval of a proposed greenhouse on an existing rear deck.
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 GRANT the request for rehearing and to schedule said rehearing for November 8, 2000.
SPEAKERS: 1. Adam Siegman, agent for requestor/appellant, requested a rehearing based on his assertion that Commissioner McInerney should have recused himself at the original hearing. 2. Larry Paul, requestor/appellant, also urged the Board to grant a rehearing.
ITEM B: 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 Commissioner Cullum, the Board voted 5-0 to RESCHEDULE the matter to December 6, 2000.
SPEAKER: 1. Thomas Chan, attorney for the requestor/permit holder, agreed to the rescheduling to allow Judith Boyajian, DCA, to review the case file.
ITEM C: Revocation of driver of public vehicle permit #86365. Letter from Steven F. Eckersley, appellant, requesting rehearing of Appeal 00-139, heard October 4, 2000. Upon motion by Commissioner Cullum, the Board voted 5-0 to UPHOLD the subject revocation.
ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to GRANT the request for rehearing, and to schedule said rehearing for November 1, 2000.
SPEAKERS: 1. Steven F. Eckersley, requestor/appellant, urged the Board to grant a rehearing because his absence at the original hearing was due to a clerical notification error by the Board staff. 2. Thomas Owen, DCA, agreed to the granting of the rehearing.
REQUEST FOR JURISDICTION BEYOND FIFTEEN-DAY APPEAL PERIOD:
ITEM D: 260 Golden Gate Avenue. Letter from Yee Sun Chiang and Chan Chi Chiang requesting that the Board take jurisdiction over Building Permit Application No. 2000/07/12/4905 issued to the City and County of San Francisco for construction of a family residence (bedrooms, bathrooms, electrical, HVAC, plumbing and kitchen).
Date issued September 18, 2000
Last day to appeal October 3, 2000
Request for jurisdiction October 4, 2000
ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1 (President Chin abstained) to RECUSE President Chin. Then, upon motion by Commissioner El Qadah, the Board voted 2-2 (Vice President Saunders and Commissioner Cullum dissented) to grant the request for jurisdiction. Four votes being necessary to grant a request for jurisdiction, the motion FAILED and the request was DENIED.
SPEAKERS: 1. Ford Chiang, agent for the requestors, urged the Board to grant the request for jurisdiction based on his assertion that there was a delay of notice by the Department of Building Inspection. 2. Michele Byrd, Department of Human Services, asked the Board to deny the request because there had been sufficient notice to the requestors. 3. Yomi Agunbiade, Office of the City Architect, outlined the timeline for construction of the homeless shelter. 4. George Smith, III, Mayor’s Office on Homelessness, also urged the Board to deny this request for jurisdiction. 5. Laurence Kornfield, CBI, DBI, responded to the requestors’ concerns about the delay in notification.
Items (4A) and (4B) were heard together
(4A)APPEAL NO. 00-150
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MISSION ANTI-DISPLACEMENT COALITION, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2407 Harrison Street.
[Protesting issuance on August 26, 2000, [to F. Javier Alvarez, permit to Demolish [a Building (manufacturing/office).
[APPLICATION NO. 9916237.
[FOR HEARING TODAY.
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MISSION ANTI-DISPLACEMENT COALITION, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2407 Harrison Street.
[Protesting issuance on August 26, 2000, [to F. Javier Alvarez, permit to Erect a [Building (20 live/work units).
[APPLICATION NO. 9916238S.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner McInerney abstained) to RECUSE Commissioner McInerney. Then, upon motion by Commissioner El Qadah, the Board voted
4-0-1 (Commissioner McInerney recused) to UPHOLD both permits on CONDITION that a Notice of Special Restrictions be recorded that places the future live/work tenants on notice that a recreation center is located in the neighborhood, with said section of the NSR concerning the recreation center to be in bold face type, and with NEGATIVE DECLARATION FINDINGS that were read into the record by President Chin. When polled as to whether each member read and considered the negative declaration for the subject project, all present members answered "aye."
SPEAKERS: 1. Sue Hestor, attorney for appellant, urged the Board to deny both permits because of the massive displacement that these live/work projects cause in the Mission. 2. Joel Yodowitz, attorney for the permit holder, asked the Board to uphold the permits and thus allow his client to finish his project.
3. Sophia Alvarez, agent for the permit holder, also asked the Board to uphold the permits. 4. Lawrence Badiner, ZA, defended the issuance of both permits. Public Comment for the Appellant: Joan Holden, and Sean Kilcoyne. Public Comment for the Permit Holder: Joe O’Donoghue, Bernardo Valencia, and Alice Barkley.
(5)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 stables/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: Upon motion by President Chin, the Board voted 5-0 to CONTINUE the matter to January 10, 2001.
SPEAKER: Alice Barkley, attorney for the appellant who protested David Baker and Jane Martin’s variance decision, requested that this case be coupled with the said variance protest appeal and be continued to a later date. She also noted that David Baker and Jane Martin, who did not appear at the hearing, had agreed to the coupling and the continuance.
(6)APPEAL NO. 00-122
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BLOCKBUSTER, INC., Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[1552 Polk Street.
[Denial on July 28, 2000, of permit to [Alter a Building (tenant improvement to [existing retail space including new [partitions, lighting, finishes, casework, [HVAC unit and distribution; no fire [sprinklers, signage or structural work).
[APPLICATION NO. 9925357.
[FOR HEARING TODAY.
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ACTION: The matter was WITHDRAWN by the appellant at the hearing.
SPEAKERS: 1. Alice Barkley, attorney for the appellant, withdrew the appeal because of new legislation that took effect requiring Conditional Use Authorization for all new video rental stores.
2. Lawrence Badiner, ZA, agreed with Ms. Barkley. 3. Richard Burke, DR Requestor, commented on the withdrawal and on other issues.
(7)APPEAL NO. 00-137
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MICHAEL T. WELCH, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2067 - 2069 Green Street.
[Protesting issuance on August 9, 2000, [to Hilda Lai, permit to Alter a Building [(remove kitchens at basement level; [revert to last legal use as two-family [dwelling).
[APPLICATION NO. 2000/06/28/3945.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1 (President Chin abstained) to RECUSE President Chin. Then, upon motion by Commissioner El Qadah, the Board voted 4-0-1 (President Chin recused) to DENY the subject permit.
SPEAKERS: 1. Michael Welch, appellant, urged the Board to deny the permit. 2. Stephen Antonaros, agent for the permit holder, asked the Board to uphold the permit. 3. Lawrence Badiner, ZA, commented on the issues raised by the principals. 4. Laurence Kornfield, CBI, DBI, also commented on issues raised by the principals.
(8)APPEAL NO. 00-145
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DAVID FINK, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[415 Bryant Street.
[Protesting issuance on August 17, 2000, [to Angus McCarthy, permit to Erect a [Building (eight live/work units).
[APPLICATION NO. 2000/04/17/7472S.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner El Qadah, the Board voted 4-1 (Commissioner Cullum dissented) to UPHOLD the subject site permit with no modifications, and with NEGATIVE DECLARATION FINDINGS which were incorporated by reference. When polled as to whether each member read and considered the negative declaration for the subject project, all present members answered "aye."
SPEAKERS: 1. Laurel Stanley, attorney for appellant, urged the Board to impose various conditions on the subject permit. 2. Lee Moulton, agent for appellant, also urged the Board to impose conditions on the subject permit. 3. Alice Barkley, attorney for the permit holder, asked that the Board uphold the subject permit with no modifications. 4. Lawrence Badiner, ZA, commented on some of the concerns raised by both parties. Public Comment for the Appellant: Elizabeth Bevis-Fritsch, Stephen Huey, and Melvin Caesar Belli. Public Comment for the Permit Holder: Joe O’Donoghue.
(9)APPEAL NO. V00-146
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SEVERINA GANILAO, Appellant
ZONING ADMINISTRATOR, Respondent
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[185 Sadowa Street.
[Denial on August 23, 2000, of Rear [Yard Variance (add bedrooms to an [existing, detached, one-story, legal non-[complying structure located behind an [existing single-family dwelling in the [required rear yard).
[VARIANCE CASE NO. 2000.339V.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner El Qadah, the Board voted 5-0 to OVERRULE the Zoning Administrator and GRANT the subject rear yard variance with the following CONDITIONS: That revised plans be submitted adding a fourth bedroom; No 220 wiring be used in construction; And a Notice of Special Restrictions be recorded prohibiting the addition of a second kitchen, with FINDINGS to be prepared by the Zoning Administrator for adoption at a later date.
SPEAKERS: 1. Lawrence Badiner, ZA, explained the reasoning behind the denial. 2. Severina Ganilao, via translator Maricel Pelagio, asked the Board to grant the variance because she desperately needed the additional bedrooms. 3. Caroline Carrera, agent for the appellant, also urged the Board to grant the subject variance.
There being no further business, President Chin adjourned the meeting at 9:45 p.m.
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Arnold Y.K. Chin, President
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Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter, (415) 576-0700.
