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MINUTES OF THE REGULAR MEETING OF THE
SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, NOVEMBER 8, 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).
ABSENT: Robert Feldman, Executive Secretary for the Board.
- 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: 1. Jane Martin, principal in Appeals 00-032 and V00-168, requested that the Board move the appeals from January 10, 2001, to December 6, 2000. 2. Alice Barkley, attorney for the appellant in V00-168, asked the Board to keep the appeals on January 10, 2001. 3. Joe O’Donoghue commented on Proposition L.
- COMMISSIONERS COMMENTS AND QUESTIONS.
SPEAKERS: 1. Commissioner Cullum discussed the comments made by Joe O’Donoghue, and on the request made by Jane Martin. 2. President Chin also discussed the request made by Jane Martin.
- REQUEST FOR REHEARING: 415 Bryant Street. Letter from Laurel S. Stanley, attorney for David Fink, appellant, requesting rehearing of Appeal No. 00-145, heard October 18, 2000. 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."
ACTION: After discussion, the Board voted 1-4 (President Chin, Vice President Saunders, Commissioner El Qadah, and Commissioner McInerney dissented) to grant the request for rehearing. Four votes being necessary to grant a request for rehearing, the motion FAILED and the said request was DENIED.
SPEAKERS: 1. David Fink, appellant/requestor, urged the Board to grant the request for rehearing.
2. Alice Barkley, attorney for the permit holder, asked the Board to deny the request.
(4) APPEAL NO. 00-143
|
PEG O’MALLEY, Appellant
vs.
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.
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ACTION: After discussion, upon motion by President Chin, the Board voted 5-0 to CONTINUE the matter to December 6, 2000.
SPEAKER: Lawrence Badiner, ZA, confirmed that he had spoken with Brett Gladstone, attorney for the appellant, and that he consented to Mr. Gladstone’s continuance request.
Items 5 and 6 were heard together
(5) APPEAL NO. 00-114
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RICHARD GARCIA, Appellant
vs.
ZONING ADMINISTRATOR, Respondent
|
[2258 Beach Street.
[Zoning Administrator determination [dated June 29, 2000 that a second [kitchen can be installed in the one-[family house only as part of a second [unit and, with the current parking [configuration in the garage, only if an [off-street parking variance is sought and [granted by the Zoning Administrator.
[FOR REHEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, 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 OVERRULE the Zoning Administrator on CONDITION that a Notice of Special Restrictions be recorded that requires removal of the second kitchen upon sale of the subject property, with a FINDING that the Board’s decision is based on the appellant’s medical needs, and with a further FINDING that the second kitchen does not constitute a second unit.
SPEAKERS: 1. Mark Hennigh, attorney for appellant in both Appeal 00-114 and 00-124, urged the Board to overturn both determinations. 2. Lawrence Badiner, ZA, defended the two determinations.
3. Larry Paul, architect for the appellant, answered technical questions about the proposed projects.
(6) APPEAL NO. 00-124
|
RICHARD GARCIA, Appellant
vs.
ZONING ADMINISTRATOR, Respondent
|
[2258 Beach Street.
[Zoning Administrator determination [dated July 19, 2000 that the proposed [greenhouse on the existing rear deck [cannot be approved without additional [accurate drawings and a site plan, [notification under Planning Code [Section 311, submittal of a copy of the [approved permit application and [drawings for the existing lower deck, [and the five foot setback on each side [of the greenhouse must be open to the [sky requiring relocation of the existing [stair and landing.
[APPLICATION NO. 2000/04/25/8211.
[FOR REHEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0-1 (Commissioner McInerney abstained) to RECUSE Commissioner McInerney. Then, upon motion by Commissioner Cullum, the Board voted 4-0-1 (Commissioner McInerney recused) to OVERRULE the Zoning Administrator with a FINDING that Planning Code Section 311 has been satisfied with the Board’s public hearing, on CONDITION that the stairway be removed, and on CONDITION that the subject deck on the right hand side be setback five feet.
SPEAKERS: Same as Appeal 00-114.
(7) APPEAL NO. 99-112
WAI MING & KWAN YUK M. LUK, Appellants
vs.
ZONING ADMINISTRATOR, Respondent
|
[3647-49 - 23rd Street.
[Determinations of the Zoning Admin- [istrator dated June 25 and July 13, 1999 [that the laundromat business is limited [by Planning Code Sections 182, 710.40 [and 790.102(e) to serve only the [immediate neighborhood with all [washing and cleaning done on-site and [with all windows closed, with [compliance within 30 days or abatement [action to be pursued.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 5-0 to UPHOLD the Zoning Administrator with the following CONDITIONS: that the appellant use the green zone for customers and not for permanently parking his commercial vehicles; and that deliveries only come from the appellant’s second outlet at 1001 Church Street and to be limited to two deliveries per day between the hours of 11 - 11:30 a.m. and 4:30 - 5 p.m.
SPEAKERS: 1. Lawrence Badiner, ZA, explained the determinations. 2. Alexander Weyand, attorney for appellant, urged the Board to overturn the said determination. 3. Jason Luk (AKA Wai Ming Luk), co-appellant, answered questions posed to him by his attorney and the Board. Public Comment for the ZA: Mark Anderson and Kim Anderson.
Items (8A) through (8K) were heard together
(8A) APPEAL NO. 00-170
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
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.
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(8B) APPEAL NO. 00-171
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
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.
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(8C) APPEAL NO. 00-172
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
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.
|
(8D) APPEAL NO. 00-173
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
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.
|
(8E) APPEAL NO. 00-174
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
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.
|
(8F) APPEAL NO. 00-175
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
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.
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(8G) APPEAL NO. 00-176
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
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.
|
(8H) APPEAL NO. 00-177
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
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.
|
(8I) APPEAL NO. 00-178
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
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.
|
(8J) APPEAL NO. 00-179
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
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.
|
(8K) APPEAL NO. 00-180
|
SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
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 Commissioner Cullum, the Board voted 4-0-1 (Commissioner McInerney abstained) to RECUSE Commissioner McInerney. Then, upon motion by Vice President Saunders, the Board voted 4-0-1 (Commissioner McInerney recused) to RESCHEDULE all the matters to December 6, 2000, with notification sent to the appellant’s attorney via mail and facsimile.
SPEAKERS: 1. Alice Barkley, attorney for the permit holder, agreed to the rescheduling. 2. Sue Hestor, attorney for appellant, did not appear.
There being no further business, President Chin adjourned the meeting at 8:00 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) 576-0700.
