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MINUTES OF THE REGULAR MEETING OF THE
SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, NOVEMBER 1, 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 who left early at 8:45 p.m., Commissioner Carole Cullum, Commissioner Allam El Qadah, and Commissioner John McInerney.
Judith Boyajian, Deputy City Attorney (DCA); Lawrence Badiner, Zoning Administrator (ZA); Sean McNulty, Chief Building Inspector, Department of Building Inspection (CBI, DBI); Thomas Owen, Deputy City Attorney representing the Taxicab Commission (DCA); and Sgt. Vince Simpson of the Police Department’s Taxi Detail, also representing the Taxicab Commission (PDTD).
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.
SPEAKER: Commissioner McInerney commented on Appeal V00-041, which was heard on October 25, 2000.
(3)APPEAL NO. 00-139
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STEVEN F. ECKERSLEY, Appellant
TAXICAB COMMISSION, Respondent
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[Revocation on August 14, 2000, of [Driver Public Vehicle for Hire Permit [#86365.
[RESOLUTION NO. 2000-70.
[FOR REHEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 5-0 to OVERRULE the Taxicab Commission and replace the subject revocation with a one-year suspension on CONDITION that the appellant participate in a program of therapy directed at anger management to be 20 sessions over 52 weeks, or else the appellant’s permit shall be automatically revoked.
SPEAKERS: 1. Thomas Owen, DCA, outlined the reasons for the revocation. 2. Officer Teresa Ewins described her encounter with the appellant. 3. Sgt. Vince Simpson, PDTD, described the appellant’s taxi permit record. 4. Steven Eckersley, appellant, urged the Board to overturn the revocation. No Public Comment.
(4)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. 00-162
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ALICIA POQUIZ, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2418 Alemany Blvd.
[Appeal for Refund of Penalty imposed [on September 27, 2000.
[APPLICATION NO. 2000/08/30/9286.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to REDUCE the penalty to two times the regular fee of $378.30 for a total of $756. 60.
SPEAKERS: The appellant was present but did not speak.
(B)APPEAL NO. 00-195
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FELIXBERTO MALIT, JR., Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[403 Amazon Avenue.
[Imposition of Penalty on October 20, [2000.
[APPLICATION NO. 2000/09/11/0092.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to REDUCE the penalty to two times the regular fee of $134.55 for a total of $269.10.
SPEAKERS: The appellant was present but did not speak.
(5)APPEAL NO. 00-156
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MARLA McGOWAN & PHILIP FERNANDEZ, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2646 Hyde Street.
[Request on September 8, 2000 by the [Zoning Administrator for suspension of [permit to Alter a Building (construct [dormer to improve headroom in attic) [due to lack of Section 311 neighborhood [notification.
[APPLICATION NO. 9915310.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner Cullum, the Board voted 5-0 to OVERRULE the Zoning Administrator’s request for suspension of the subject permit.
SPEAKERS: 1. Lawrence Badiner, ZA, withdrew his request for suspension of the subject permit.
2. Jeremy Paul, agent for appellants, outlined the reasons for the appeal. Public Comment for the Appellants: None. Public Comment for the ZA: William Ausseresses.
(6)APPEAL NO. 00-142
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SARAH SWEET, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[174 - 10th Avenue.
[Protesting issuance on August 16, 2000, [to Denise Jasper, permit to Alter a [Building (revert to last legal use; remove [illegal kitchen on second floor).
[APPLICATION NO. 2000/07/31/6549.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 2-2-1 (Commissioner Cullum and Commissioner El Qadah dissented, Vice President Saunders absent) to UPHOLD the subject alteration permit. Four votes being necessary to overturn or modify any departmental action, the subject alteration permit was UPHELD.
SPEAKERS: 1. Sarah Sweet, appellant, outlined the reasons for the appeal. 2. Denise Jasper, permit holder, urged the Board to grant the permit. 3. Sean McNulty, CBI, DBI, commented on issues raised by the principals.
Items (7A) and (7B) were heard together
(7A)APPEAL NO. 00-153
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VIRGINIA MAKI, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2254 Bush Street.
[Protesting issuance on August 29, 2000, [to Denis McMahon and James [Nunemacher, permit to Demolish a [Building (single-family dwelling).
[APPLICATION NO. 2000/08/24/8826.
[FOR HEARING TODAY.
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VIRGINIA MAKI, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2254 Bush Street.
[Protesting issuance on August 29, 2000, [to Denis McMahon and James [Nunemacher, permit to Alter a Building [(resubmit plans to certify compliance [with variance decision; no change in [height, building envelope or use).
[APPLICATION NO. 2000/07/19/5533.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0-1 (Commissioner McInerney abstained) to RECUSE Commissioner McInerney. After discussion, upon motion by President Chin, the Board voted 4-0-1 (Commissioner McInerney recused) to UPHOLD both permits with the following CONDITIONS: that the permit holders pay for a structural engineering study of John Rose’s foundation (121-123 Wilmot Street) and pay for any damage to said foundation; that the permit holders pay for the repair of the deck on Mr. Rose’s property; and that the Department of Building Inspection approve the plans to repair the damage found on Mr. Rose’s property before any construction begins on the subject property.
SPEAKERS: 1. Patricia Vaughey, agent for appellant, outlined the reasons for the appeals. 2. Virginia Maki, urged the Board to deny the permits. 3. John Sanger, attorney for the permit holders, asked the Board to uphold both permits. 4. Sean McNulty, CBI, DBI, commented on issues raised by the principals. Public Comment for the Appellant: Jan Bolaffi, Geoffrey DeSousa, and Pamela Natcher. Public comment for the Permit Holders: Kenneth Starosciak, and Sarah Howard.
Items (8A) and (8B) were heard together
(8A)APPEAL NO. 00-157
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DAVID ZOVICKIAN, LAURA BURTCH & BONNIE FEINGOLD, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[541 - 29th Street.
[Protesting issuance on September 5, [2000, to Leo Cassidy, permit to [Demolish a Building (single-family [dwelling).
[APPLICATION NO. 9913229.
[FOR HEARING TODAY.
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DAVID ZOVICKIAN, LAURA BURTCH & BONNIE FEINGOLD, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[547 - 29th Street.
[Protesting issuance on September 5, [2000, to Leo Cassidy, permit to [Demolish a Building (single-family [dwelling).
[APPLICATION NO. 9913230.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0-1 (Commissioner McInerney abstained) to RECUSE Commissioner McInerney. After discussion, upon motion by Commissioner El Qadah, the Board voted 3-1-1 (Commissioner Cullum dissented, Commissioner McInerney recused) to UPHOLD both demolition permits.
SPEAKERS: 1. David Zovickian, co-appellant, outlined the reasons for the appeals. 2. Bonnie Feingold, co-appellant, also elaborated on the reasons for the appeals. 3. John Sanger, attorney for the permit holder, urged the Board to grant both permits. No Public Comment.
(9)APPEAL NO. 00-143
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PEG O’MALLEY, Appellant
ZONING ADMINISTRATOR, Respondent
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[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.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Saunders absent) to CLOSE public testimony, and to CONTINUE the matter to November 8, 2000 with a report at that time from the Zoning Administrator and the appellant concerning the abeyance issue with the Department of Public Works.
SPEAKERS: 1. Lawrence Badiner, ZA, explained the determination. 2. Peg O’Malley, appellant, gave a history of the subject property. 3. Brett Gladstone, attorney for appellant, outlined the reasons for the appeal. Public Comment for the Appellant: Jeremy Paul.
There being no further business, President Chin adjourned the meeting at 9:36 p.m.
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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.
