2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, JULY 14, 2004
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Kathleen Harrington, Vice President Hisashi Sugaya, Commissioner Arnold Chin, and Commissioner Sabrina Saunders.
ABSENT: Commissioner Douglas Shoemaker.
Catharine Barnes, Deputy City Attorney, Office of the City Attorney (DCA OCA); Craig NIkitas, Planing Department (PD); Laurence Kornfield, Chief Building Inspector, Dept. of Building Inspection (SBI DBI); Jimi Harris for the Taxi Commission (TC); Robert Davis, Executive Director for the Entertainment Commission (ED EC); Robert Feldman, Executive Secretary, and Victor Pacheco, Legal Assistant, for the Board; and Claudine Woeber, Official Court Reporter.
(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 & QUESTIONS:
SPEAKERS: None.
(3) ADDENDUM ITEM(S):
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 595 Bryant Street. Zoning Administrator Notice of Violation dated May 24, 2004. Last day to appeal was June 8, 2004. Jurisdiction request received June 9, 2004. Letter from Rupert Hansen, attorney for Edward Rathbun, requestor(s), asking that the Board take jurisdiction over a Zoning Administrator Notice of Violation which states that the general advertising sign located on the SW corner of the subject property is not in compliance with sign permit no(s). 960583, which requires that the face of the sign be parallel to the wall of the building to the east, and that the sign not be larger than 14’ X 48’ in area.
|
ACTION: Withdrawn by the requestor prior to the meeting.
SPEAKERS: None.
(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 2716-2718 Pine Street. Variance granted on March 18, 2004. Last day to appeal was March 29, 2004. Jurisdiction request received June 14, 2004. Letter from Barbara Slaaten, requestor(s), asking that the Board take jurisdiction over variance decision no(s). 2003.1008V. Project: replace existing enclosed porches and stairs on the 1st and 2nd levels with a new master bedroom suite, deck and stairs, on each level.
|
ACTION: Upon motion by President Harrington, the Board voted 1-3-1 (Commissioner Chin, Vice President Sugaya & Commissioner Saunders dissented, Commissioner Shoemaker absent) to grant the jurisdiction request. Four votes being required to grant such a request, the motion failed, and jurisdiction was denied.
SPEAKERS: Barbara Slaaten, requestor, asked the Board for permission to file a late appeal of a variance granted to her neighbor because a planner had sent her to the wrong room to file an appeal. Craig Nikitas, PD, described the method of notice given in variance matters and said proper notice had been given in this case. Susan Mukeada, agent for variance holder, objected to the request, saying everything had been properly done. No public comment.
(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Revocation of taxi medallion no(s). 871. Revocation by the Taxi Commission dated August 21, 2003. Last day to appeal was September 5, 2003. Jurisdiction request received June 21, 2004. Letter from Raymond Deocareza, requestor(s), asking that the Board take jurisdiction over the Taxi Commission’s action.
|
ACTION: Upon motion by Vice President Sugaya, the Board voted 3-1-1 (Commissioner Chin dissented, Commissioner Shoemaker absent) to deny the jurisdiction request.
SPEAKERS: Raymond Deocareza, requestor, asked the Board for permission to file a late appeal of the revocation of his medallion, and he explained why he could not file on time. Jimi Harris, TC, explained that the requestor had not kept the Taxi Commission up to date with his address, and that good faith efforts had been made to keep the requestor notified. Sgt. Vince Simpson, PD TD, described the efforts to inform the requestor and said he retains his A-card and can continue to drive without the medallion, which has been reissued to a new applicant from the list. No public comment.
(4) APPEAL NO. 04-005
|
JIMMY CHU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
425 Junipero Serra Boulevard.
Appealing a Notice of Decision by Frank Chiu, Director of the Dept. of Building Inspection, dated Jan. 5, 2004, that an unlawful residential demolition has taken place at the subject property under Building Code §§ 103.3, 103.3.1 & 103.3.2, that Building Permit Application No(s). 2003/02/13/7355, 2003/05/14/4558 and 2003/06/20/7261 are hereby revoked, and that a 5 year moratorium on the issuance of building permits is hereby imposed pursuant to Building Code § 103.3.1.
PUBLIC HEARING CLOSED ON 5/12/04.
FOR FURTHER CONSIDERATION TODAY.
|
ACTION: Appeal withdrawn by the appellant.
SPEAKERS: None.
(5) APPEAL NO. 03-087
|
BILL & LUBA GOWER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
2250 Jackson Street.
Appealing a determination dated May 20, 2003, addressed to Gary Bell, that the legal use of the subject property is a 5-unit apartment building based on available prior building permits and land use records.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Chin, the Board voted 3-0-2 (Commissioners Shoemaker and Saunders absent) to reschedule the appeal to Sept. 22, 2004 at the prior written request of the parties.
SPEAKERS: None.
ITEMS (6A), (6B), (6C), (6D) & (6E) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 04-038
|
GORDON THRUPP, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
309 Cortland Avenue.
Protesting a Police Permit Zoning Referral dated April 28, 2004, addressed to Patrick Corkery dba “Charlie’s Club”, that a place of entertainment permit can be approved at the subject property in the NC-2 zoning district per Planning Code §§ 711.48, 102.17 and 790.38.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Saunders, the Board voted 1-3-1 (Commissioner Chin, President Harrington, and Vice President Sugaya dissented, Commissioner Shoemaker absent) to reschedule all five appeals to August 25, 2004. Three votes being required to reschedule any matter, the motion failed, and all five hearings went forward. Afterward, upon motion by Commissioner Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the subject ZA Police Permit Zoning Referral.
(6B) APPEAL NO. 04-039
|
GORDON THRUPP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
309 Cortland Avenue.
Protesting the issuance on May 7, 2004, to Patrick Corkery, Permit to Alter a Building (add “other entertainment”, ie, live DJ; no occupancy load increase allowed; no construction under this permit).
APPLICATION NO. 2003/09/30/6176.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the subject permit.
(6C) APPEAL NO. 04-041
|
GORDON THRUPP, Appellant(s)
vs.
ENTERTAINMENT COMMISSION, Respondent
|
309 Cortland Avenue.
Protesting the issuance on May 6, 2004, to Patrick Corkery dba “Charlie’s Club”, Place of Entertainment Permit.
PERMIT NO. EC POE 118.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the subject permit with various conditions as read into the record by Commissioner Chin, and with findings to be adopted at a later date.
(6D) APPEAL NO. 04-046
|
PATRICK CORKERY
dba “CHARLIE’S CLUB”, Appellant(s)
vs.
ENTERTAINMENT COMMISSION, Respondent
|
309 Cortland Avenue.
Appealing the conditions imposed on a Place of Entertainment Permit issued on May 6, 2004.
PERMIT NO. EC POE 118.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the subject permit with various conditions as read into the record by Commissioner Chin, and with findings to be adopted at a later date.
(6E) APPEAL NO. 04-051
|
DONNA ROBERTS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
309 Cortland Avenue.
Protesting the issuance on May 19, 2004, to Patrick Corkery, Permit to Alter a Building (existing soundproofed rear building space; propose to expand existing establishment, including other entertainment uses, into this area; § 312 notice required pursuant to NSR recorded on Feb. 10, 2003.).
APPLICATION NO. 2004/02/24/7100.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the subject permit.
SPEAKERS: Gordon Thrupp, appellant, said the ZA had abused his discretion in approving the zoning referral from the Entertainment Commission, and that the project is in violation of many ordinances and procedural rules and guidelines, and that the bar has expanded without an entertainment permit. Donna Roberts, appellant, said that no one wants to close the club but no one contemplated it would become a nightclub with a room extended into the rear yard close to surrounding residents who want to live in peace; she also said that Planning has been undermined by misrepresentations and powerful lawyers, and that none of the permits cover the 380sf addition. Mark Rennie, attorney for project sponsor, explained the expansion being permitted and said the club will have no dancing and no loud rock and roll band, and will remain a small lounge-type bar; he added that his client wanted the hours of operation increased. Andrew Junius, attorney for building owner, urged the Board to allow the project to go forward. Craig Nikitas, PD, explained the Planning Commission’s limitations on hours for music intended to protect the residents of the neighborhood. Robert Davis, EC, explained that the ordinance says the permit shall be issued if there is no basis for denial as in this case, and he read the Police Code provisions to the Board.
Public comment for appellants: Daniel McGinley described improper testimony at the Planning Commission. Ellen Shireman said the proposed use is not compatible with Cortland Avenue and that Bernal Hill is very different from Potrero Hill. Jennifer Young said that many noise complaints are expected to be generated by the club. Robin McGinley said she opposes the horizontal expansion of the building, which will result in 125 people in the bar, many more tha the 49-person limit of the Fire Code, with no enforcement expected.
Public comment for permit holder: Sandy Martinez said the club will improve the neighborhood. Michelle Gascoigne said she wants entertainment in a safe place. Karen Le said the bar has a nice relaxing atmosphere. Deanna Hoffinger said she is a tenant living above, and that it is a wonderful lounge. Suzanne MacDonald said she is from Russian Hill, and said she visits the club because it is a nice friendly place to meet. Alex Homs said that music in the back room needed. Peter Euteneuer said it is an extremely comfortable place and an addition to the neighborhood. John Stricklin, building owner, spoke in support of the project. Michael Nolan, said the church nearby has music and dancing since 1925 and no permits for these functions. John Wood of the Late Night Coalition said the complaints are exaggerated and there have been no suggestions for mitigation by the complainants; he added that he supports the request to extend the entertainment hours to midnight.
Catharine Barnes, DCA OCA, responded to the Board’s legal questions regarding proposed conditions of approval and findings that are to be approved at a future meeting.
(7) APPEAL NO. 04-040
|
MACKENZIE GREEN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
835 Bryant Street.
Protesting the issuance on April 28, 2004, to Pacific Bonding Corporation, Permit to Alter a Building (build 10’ X 26’ modular addition off-site and attach to existing 300sf building; add new 200amp single phase main meter panel; install rain gutter between existing building and new modular addition).
APPLICATION NO. 2004/04/28/2517.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Shoemaker absent) to reschedule the appeal to July 28, 2004.
SPEAKERS: Michael Fiumara, attorney for appellant, requested a rescheduling of the appeal. Peter Botz, attorney for permit holder, objected to the rescheduling request.
(8) APPEAL NO. 04-042
|
JOHN DEMERGASSO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
3196 Pacific Avenue.
Protesting the issuance on April 28, 2004, to John & Mary Conlin, Permit to Alter a Building (on single-family house: remodel lower floor, relocate laundry, add 1½ baths, remodel kitchen with addition on 1st floor, add sitting room and bath on 2nd floor).
APPLICATION NO. 2002/07/08/0823S.
FOR HEARING TODAY.
|
ACTION: Upon motion by Commissioner Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the subject permit on condition that the east corner, 2nd floor window be operable but made of frosted glass.
SPEAKERS: Bonnie Demergasso, appellant, read a letter addressed to a city planner explaining why her opposition to the project, which will impact her light and air; she asked the Board to eliminate the 2nd story from the project since it is not consistent with the Residential Design Guidelines. David Cincotta, attorney for permit holders, said his clients had received approval from the Planning Commission at the DR hearing, and that they are still willing to discuss the matter with the appellant. Craig Nikitas, PD, presented the approved set of plans and described the project. No public comment.
(9) APPEAL NO. 04-043
|
JEFFERY ROOS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
230 – 4th Avenue.
Protesting the issuance on May 5, 2004, to Wah Lee, Permit to Alter a Building (revise Building Permit Application No(s). 2004/03/01/7467 to remove 1 shed leaving a total of 1 shed; original permit issued in error).
APPLICATION NO. 2004/05/05/3144.
FOR HEARING TODAY.
|
ACTION: Upon motion by President Harrington, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the subject permit due to the non-appearance of the appellant.
SPEAKERS: None.
There being no further business, President Harrington adjourned the meeting at 8:05 p.m.
______________________________ _________________________________
Kathleen Harrington, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter, 506-0430.
