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MINUTES OF THE REGULAR MEETING OF THE
SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, AUGUST 30, 2000
5:30 P.M., CITY HALL, ROOM 416
1 DR. CARLTON B. GOODLETT PLACE (FORMERLY 301 POLK STREET)
PRESENT: President Arnold Chin, Commissioner Carole Cullum, and Commissioner Allam El Qadah.
Judith Boyajian, Deputy City Attorney; Larry Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); and Robert Feldman, Executive Secretary for the Board.
ABSENT: Vice President Sabrina Saunders and Commissioner John McInerney.
Easteller Bruihl, the Official Court Reporter, swore in all those who intended to testify during the meeting.
- 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.
- COMMISSIONERS COMMENTS AND QUESTIONS.
SPEAKER: President Arnold Chin apologized to the audience for the lack of a four-member quorum and explained that one commissioner was attending a memorial service for a close family member, while the other was unable to attend due to the pressure of business.
(3) MATTERS FOR CONSIDERATION AND OTHER CORRESPONDENCE:
REQUEST FOR JURISDICTION BEYOND FIFTEEN-DAY APPEAL PERIOD:
ITEM A: 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: This matter was RESCHEDULED to September 6, 2000 prior to hearing.
REQUESTS FOR REHEARING:
ITEM B: Revocation of Taxicab Medallion No. 942. Letter from Cindy Lee, attorney for Matthew Wong, appellant requesting rehearing of Appeal No. 00-036, heard July 12, 2000. Upon motion by Commissioner Cullum, the Board voted 2-3 (President Chin, Vice President Saunders and Commissioner El Qadah dissented) to UPHOLD the revocation. Four votes being necessary to overturn any departmental action, the Taxicab Commission’s decision to revoke the appellant’s medallion was UPHELD.
ACTION: Upon motion by Commissioner El Qadah, the Board voted 3-0-2 (Vice President Saunders & Commissioner McInerney were absent) to RESCHEDULE this matter to September 27, 2000.
SPEAKERS: Cindy Lee, attorney for appellant/requestor, and Tom Owen, Deputy City Attorney for the Taxi Commission, both agreed to rescheduling the item to September 27, 2000.
ITEM C: 347A Masonic Avenue. Letter from John Mallory, permit holder requesting rehearing of Appeal No. 00-059, heard June 7, 2000. Upon motion by Commissioner McInerney, the Board voted 4-1 (Commissioner Cullum absent) to GRANT the permit on CONDITION that the subject wall be relocated to the original location as on the subdivision map, and on further CONDITION that all bathrooms, sinks and kitchens built in the storage area be removed.
ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Vice President Saunders and Commissioner McInerney were absent) to CONTINUE this matter to October 4, 2000.
SPEAKERS: 1. John Mallory, permit holder/requestor, asked the Board to continue this item to
October 4, 2000 so that he can be in attendance. 2. Christopher Visher, representing the appellant, agreed to October 4, 2000 as the new hearing date. 3. Larry Badiner, ZA, offered to review the case for the Board.
(4) APPEAL NO. 00-074
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EDUARDO TROZ, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[1363 Palou Avenue.
[Denial on May 1, 2000, of permit to Alter [a Building (two-story horizontal addi-[tion).
[APPLICATION NO. 9922806S.
[PUBLIC HEARING HELD AND [CLOSED JULY 26, 2000.
[FOR FURTHER CONSIDERATION [TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 3-0-2 (Vice President Saunders and Commissioner McInerney were absent) to CONTINUE this matter to September 13, 2000.
SPEAKER: Eduardo Troz, via translator Cecilia Troz, said that he had submitted plans revised as the Board had directed, and agreed to have his appeal rescheduled to September 13, 2000.
(5) APPEAL NO. 99-175
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RONALD LIPPERT & PAMELA BROWN, Appellants
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2421 Balboa Street.
[Protesting issuance on October 26, [1999, to Margot F. Nassau, permit to [Alter a Building (remove kitchen and [bath at lower level; relocate laundry tub, [washer and dryer to original location). [APPLICATION NO. 9919672.
[PUBLIC HEARING HELD AND [CLOSED JANUARY 12, 2000.
[FOR FURTHER CONSIDERATION [TODAY.
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ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Vice President Saunders and Commissioner McInerney were absent) to GRANT the subject permit.
SPEAKER: The Executive Secretary reported that the appellants have moved to Mendocino County and that he telephoned them and explained how they could withdraw their appeal.
(6) APPEAL NO. 00-113
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MICHAEL T. EGE, PAMELA I. UBERTI & ADAM SUMINSKI, Appellants
vs.
ZONING ADMINISTRATOR, Respondent
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[2215 Powell Street.
[Zoning Administrator determination [dated June 29, 2000, that the extension [of the Conditional Use Authorization [dated November 27, 1996 (Case No. [91.373C) for a full service restaurant [and bar has not been abandoned and is [still valid provided all renovations are [complete and a final Certificate of [Occupancy is obtained and the [establishment reopened within six [months of the ABC’s ruling, otherwise a [new CU application must be submitted.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 3-0-2 (Vice President Saunders and Commissioner McInerney were absent) to RESCHEDULE this matter to September 13, 2000.
SPEAKERS: 1. Michael Ege, co-appellant, agreed to the appeal being rescheduled to September 13, 2000. 2. Robert Barbagelata, one of the subject building’s owners, submitted a letter in support of the determination, which was accepted by President Chin. 3. Ariel Basse, representing the owner of the club, agreed to September 13 as the new hearing date.
(7) APPEAL NO. 00-114
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RICHARD GARCIA, Appellant
vs.
ZONING ADMINISTRATOR, Respondent
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[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 HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Vice President Saunders and Commissioner McInerney were absent) to RESCHEDULE this matter to September 13, 2000.
SPEAKERS: None.
(8) APPEAL NO. 00-124
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RICHARD GARCIA, Appellant
vs.
ZONING ADMINISTRATOR, Respondent
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[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 HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 3-0-2 (Vice President Saunders and Commissioner McInerney were absent) to RESCHEDULE this matter to September 13, 2000.
SPEAKERS: None.
There being no further business, President Chin adjourned the meeting at 5:50 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 directly from Easteller Bruihl, the Official Court Reporter, (415) 576-0700.
