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MINUTES OF THE REGULAR MEETING OF THE
SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, SEPTEMBER 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 Allam El Qadah who arrived late at 5:50 p.m., and Commissioner John McInerney.
Judith Boyajian, Deputy City Attorney; Larry Badiner, Zoning Administrator (ZA); Isolde Wilson, representing the Planning Department; and Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI).
ABSENT: Commissioner Carole Cullum and Executive Secretary Robert Feldman.
(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.
SPEAKERS: 1. Commissioner El Qadah apologized to the audience for being a little late. 2. President Chin announced the addition of two hearing dates for September 20 and October 25.
(3) REQUEST FOR JURISDICTION BEYOND FIFTEEN-DAY APPEAL PERIOD: 90 Eastwood Drive. Letter from Cheryl Miller, requesting that the Board take jurisdiction over Building Permit Application No. 2000/07/17/5319 issued to Stephen Savin for removal of kitchen fixtures and occupancy separation, restoring the building to single-family occupancy.
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Date issued
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July 21, 2000
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Last day to appeal
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August 7, 2000
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Request for jurisdiction
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August 14, 2000
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ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Commissioner El Qadah and Commissioner Cullum absent) to RESCHEDULE the matter to October 11, 2000.
SPEAKERS: None.
(4) APPEAL NO. 00-109
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MARK BRADY, Appellant
vs.
ZONING ADMINISTRATOR, Respondent
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[640 Wisconsin Street.
[Determination by the Acting Zoning [Administrator dated July 6, 2000 [requiring revisions to approved plans [regarding front setback requirements.
[APPLICATION NO. 2000/02/14/1841.
[PUBLIC HEARING HELD AND [CLOSED JULY 26, 2000.
[FOR FURTHER CONSIDERATION [TODAY.
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ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Commissioner El Qadah and Commissioner Cullum absent) to RESCHEDULE the matter to October 4, 2000.
SPEAKERS: None.
(5) CONSENT ITEMS: With the consent of the Department of Building Inspection, the Board proceeded to a vote without testimony to reduce the penalty (investigation fee) to two times the regular fee as provided for in the Building Code.
(A) APPEAL NO. 00-138
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DAN D. BETCHART, Appellant
vs.
DEPT. BUILDING INSPECTION, Respondent
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[1027 Ingerson Avenue.
[Appeal for Refund of Penalty imposed [on August 29, 2000.
[APPLICATION NO. 2000/08/18/8318.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 4-0-1 (Commissioner Cullum absent) to REDUCE the penalty to two times the regular fee of $85.15 for a total penalty of $170.30.
SPEAKERS: The appellant was present but did not speak.
(B) APPEAL NO. 00-141
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CYNTHIA L. BENNETT, Appellant
vs.
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[80 Flora Street.
[Appeal for Refund of Penalty imposed [on August 30, 2000.
[APPLICATION NO. 2000/06/15/2717.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 4-0-1 (Commissioner Cullum absent) to REDUCE the penalty to two times the regular fee of $297.05 for a total penalty of $594.10.
SPEAKERS: The appellant was present but did not speak.
(6) APPEAL NO. 00-101
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KAY LAMMING, Appellant
vs.
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[268 Chenery Street.
[Protesting issuance on June 16, 2000, [to Zahid Sardar, permit to Alter a [Building (interior remodeling; repair [existing deck; 361 s.f. third story [addition).
[APPLICATION NO. 9812657.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1 (Commissioner Cullum absent) to GRANT the subject alteration permit.
SPEAKERS: 1. Kay Lamming, appellant, outlined the reasons for the appeal. 2. Zahid Sardar, permit holder, asked the Board to uphold the issuance of the alteration permit. 3. Mark Macey, architect for the permit holder, also asked the Board to grant the permit. 4. Larry Badiner, ZA, outlined the process that led to the approval of this project. Public Comment for the Appellant: Kevin Gardner, from the Glen Park Neighborhood Association; Suzanne Sampson; Paul Curtis; Susan Ciochetto; and Janet Elliot. Public Comment for the Permit Holder: Jim Zack, from the Glen Park Noe Valley Improvement Association; Jonathan Staub; and Eugene Phillips.
(7) APPEAL NO. 00-119
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COMMITTEE FOR JOBS, ARTS AND HOUSING, Appellant
vs.
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[1050 - 17th Street.
[Protesting issuance on July 10, 2000, [to Ciaran Harty, permit to Erect a [Building (19 live/work units).
[APPLICATION NO. 9711381S.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1 (Commissioner Cullum absent) to GRANT the subject site permit.
SPEAKERS: 1. Sue Hestor, attorney for appellant, outlined the reasons for the appeal. 2. Alice Barkley, attorney for the permit holder, asked the Board to uphold the site permit. 3. Isolde Wilson, representing the Planning Department, outlined the history of the case from Discretionary Review to the present. Public Comment for the Appellant: John deCastro and John O’Rourke. Public Comment for the Permit Holder: Joe Cassidy.
(8) APPEAL NO. 00-120
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KENNETH SCUDDER & KELLIN DEFIEL, Appellants
vs.
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[310 Green Street.
[Protesting issuance on July 11, 2000, to [Mitch Menaged, permit to Demolish a [Building (single family dwelling).
[APPLICATION NO. 9915173.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 3-0-2 (President Chin abstained and Commissioner Cullum absent) to RECUSE President Chin. After testimony, upon motion by Commissioner McInerney, the Board voted 3-0-2 (President Chin recused and Commissioner Cullum absent) to RESCHEDULE the matter to September 20, 2000.
SPEAKERS: 1. Kenneth Scudder, co-appellant, agreed to rescheduling the appeal. 2. Jeremy Paul, agent for the permit holder, also agreed to the rescheduling.
(9) APPEAL NO. 00-121
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SOPHIA F. ALVAREZ, Appellant
vs.
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2800 San Bruno Avenue.
[Protesting issuance on July 11, 2000, to [Edward and Oi Lan Lim, permit to Alter [a Building (legalize seven foot fence).
[APPLICATION NO. 2000/07/11/4859.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1 (Commissioner Cullum absent) to GRANT the subject permit with the following CONDITIONS: that lattice surround the entire fence; that the lattice be painted a white color, preferably with anti-graffiti paint; and that a suitable vine be planted along the subject fence.
SPEAKERS: 1. Sophia Alvarez, appellant, stated the reasons why she filed the appeal and the conditions she would like imposed on the subject permit. 2. Edward Lim, permit holder, asked the Board to uphold the fence permit and stated the reasons why he erected the fence. 3. Isolde Wilson, representing the Planning Department, said that the conditions proposed by the appellant did not violate any Planning guidelines. Public Comment for the Permit Holder: Peter Joseph.
(10) APPEAL NO. V00-048
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ALLAN & LORRAINE THOMPSON, Appellants
vs.
ZONING ADMINISTRATOR, Respondent
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[50 Magnolia/1755 Chestnut Streets.
[Denial on March 22, 2000, of Rear Yard [Variance to relocate one dwelling unit [from the 1755 Chestnut Street building [to the existing rear carriage house at 50 [Magnolia Street by renovating and [adding a floor and roof deck to the [existing building, setting back the new [floor 15 feet from Magnolia Street; the [proposal also includes two 2’x7’ [extensions into the light wells of the [existing 1755 Chestnut Street building; [the total number of dwelling units will [remain six units.
[VARIANCE CASE NO. 99.164V.
[FOR HEARING TODAY.
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ACTION: This matter was RESCHEDULED to the indefinite calendar or CALL OF THE CHAIR prior to hearing.
SPEAKERS: None.
There being no further business, President Chin adjourned the meeting at 8:20 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.
