Meeting Information

PRESENT: President Arnold Chin, Commissioners Carole Cullum, Allam El Qadah and John McInerney.

Judith Boyajian, Deputy City Attorney (DCA); Lawrence Badiner, Zoning Administrator (ZA); Rafael Torres-Gil, Senior Building Inspector, Department of Building Inspection (SBI, DBI); Paul Zarefsky, Deputy City Attorney (DCA); and Robert Feldman, Executive Secretary for the Board.

ABSENT: Vice President Sabrina Saunders.

Easteller Bruihl, the Official Court Reporter, swore in all those who intended to testify during the meeting.

SPEAKERS: 1. Patricia Vaughey of the Lombard Street Committee explained the work her committee was doing on a report on all the billboards along Lombard Street to aid the Planning Department in its enforcement against unlawful signs. She said this presented a very complex problem for the City. 2. Mark Gruberg, taxi driver and medallion holder, described the appeals of Taxicab Commission revocations as outrageous and described the benefits those revoked have while their appeals to the Board are delayed again and again. 3. Ron Wolter, taxi driver and medallion holder, said he agreed with Mr. Gruberg. 4. Barry Taranto of the United Taxi Workers said he felt insulted the last time he testified at the Board. He explained his views of the driving requirement for medallion holders and the intent they do or do not show to fulfill the requirement. He said the medallion holders’ action and behavior shows their intent or lack of it.

ACTION: Upon motion by Commissioner El Qadah, the Board voted 4-0-1 (Vice President Saunders absent) to RESCHEDULE the matter to May 9, 2001.

SPEAKERS: 1. Cindy Lee, attorney for the appellant, requested a continuance of the appeal in order to have a full five member Board. She said her client was not able to be at the meeting due to family matters. 2. Paul Zarefsky, DCA, representing the Taxicab Commission objected to the continuance strenuously because the appeal has been pending for a year and the abuse of the rules continues by the appellant and the appellant had filed no brief for this hearing while he had and was ready to go forward with the hearing.

ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Saunders absent) to RESCHEDULE the matter to May 9, 2001.

SPEAKERS: 1. John Mejia, attorney for the appellant, asked for a continuance in order to have a five member Board. 2. Paul Zarefsky, DCA, objected to the request.

ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1 (Vice President Saunders absent) to UPHOLD the denial of the subject variance.

SPEAKERS: 1. Larry Badiner, ZA, reminded the Board of the last hearing in this matter when the Board continued the hearing so that the ZA could mediate the dispute between the parties. He said he was not able to do so. 2. Ahmad Mohazab, architect for the appellant, said that his client was willing to sign a lease for an off-street parking space from a neighbor. He said he is sorry he had not met the people who testified but he looked forward to meeting them. He was sorry for the 15 years of animosity between his client and the neighbors. The seismic requirements would be set by DBI and would be met. Public Comment for the ZA: 3. David Katz from the Alamo Square Neighborhood Association read a letter from their president opposed to the project for several reasons including the fact that it has been going on for 15 years without a permit and the City should not encourage scofflaws. 4. Brian McCarthy said this was the third time around on this project and the parking problem in their neighborhood is especially severe, with cars parking on sidewalks leaving oil that is a very real hazard especially for elderly pedestrians. 5. Debra Edgerley said she purchased her home in 1983 and it has no off-street parking space, so she must hunt for a space every evening. 6. Liz Morgan opposes the project because of the parking congestion already in the area. 7. Jim Himm, architect, said he has done work in the area and opposes such illegal construction because of the fire hazard it creates. 8. Frank Green said he is opposed to the granting of the variance under any circumstances or with any conditions. 9. Patricia Vaughey said this has been a problem for 16 years with no penalties levied on the appellant for work done without a permit and without any hearings before the Director of DBI.

ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0-1 (Vice President Saunders absent) to CONTINUE the matter to June 20, 2001 with the public hearing CLOSED.

SPEAKERS: 1. Larry Badiner, ZA, explained why this appeal had been continued, a report was coming from the neighborhood about all the signs there, but the report had not yet been submitted. 2. Frank Campagnoli, attorney for the appellant, introduced the appellant’s wife and he explained the complexity of sign enforcement which widows both City and ordinances and State laws requiring compensation to owners when signs are removed by enforcement action. 3. Denise Holland, wife of the appellant, explained the history of their ownership of the property and their efforts to restore it. She said they never received more than thirty dollars a month for the sign. No Public Comment.

ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1 (Vice President Saunders absent) to RESCHEDULE both cases to May 23, 2001.

ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1 (Vice President Saunders absent) to RESCHEDULE both cases to May 23, 2001.

SPEAKERS: 1. Rick Holman, appellant, said that a continuance to May 23^rd was not good for him. 2. Joseph Breall, attorney for the permit holder, said he was opposed to a continuance and wanted to go forward with the hearing. He said the redesign had been agreed to by the parties. He said the issue was a fire escape or a stairwell. No Public Comment.

ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Saunders absent) to OVERRULE the subject determination.

SPEAKERS: 1. Larry Badiner, ZA, explained his determination and the convoluted permit history of this 1910 building. 2. Ricky Mason, agent for appellant, said the ZA had described the situation appropriately. No public comment.

ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Saunders absent) to OVERRULE the Zoning Administrator’s disapproval with a FINDING that Planning Code Section 607(h) was inadvertently removed at the time of the amendment of the sign ordinance, and that the Planning Code does not prohibit signs on this site.

SPEAKERS: 1. Larry Badiner, ZA, described the site across the street from the Board and Planning offices and why he had denied the building permit for the signs proposed for the site which is presently a gas station and car wash. He said the Planning Code prohibited such signs in the C-M District. 2. Dean Arbit, appellant’s business partner, said that they were willing to design the signs in consultation with the Planning Department and that the Code section under which it was denied has been deleted from the Code and should not be enforced. 3. Brendan Hallinan, appellant, said the section of the Code had been deleted but appeared to still be in the Code through a clerical error. The ordinance which created the sign provision had been adopted without proper notice to the property owners in the area and the prohibitions were for Union Square and not this area. Public Comment for the Appellant: 4. Allen Kipper said the revenue the sign will produce is needed to make the business on the site work. He said he is an owner in the area and never had notices from the City when the ordinance was amended and signs were prohibited on service stations. No Public Comment for ZA.

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Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter, (415) 576-0700.