Meeting Information

Judith Boyajian, Deputy City Attorney for the city Attorney (DCA); Larry Badiner, Zoning Administrator, Planning Department; Laurence Kornfield, Chief Building Inspector, DBI; and Robert Feldman, Executive Secretary for the Board of Appeals; Official Court Reporter, Easteller Bruihl.

SPEAKERS: Larry Badiner thanked Board for its cooperation since he will not be present at its last meeting, June 26, 2002.

SPEAKERS: President Chin expressed feelings of appreciation to Zoning Administrator for his professionalism in handling the Planning matters before the Board.

Vice President McInerney said he appreciated the ZA’s expertise and wit. Commissioner Cullum said she supports Vice President’s remarks. Commissioners Saunders and El Qadah thanked the ZA for his clear explanations of his cases and said they could always rely on his presentations and solutions to appeals.

Vice President McInerney responded to media coverage of recent appeals and expressed his concern for the lack of objectivity in reporting. He then explained the mandate he and the Board had been given to insure justice and thanked the other members for their collaborative efforts in fulfilling their mandate together.

President Chin thanked staff for its response to the Supervisor’s inquiry regarding a recent appeal.

ITEM A: 1479 - 3^rd Avenue. Letter from Larry Badiner, Zoning Administrator, requesting rehearing of Appeal 01-196, Wydler vs. ZA, decided Jan. 30, 2002. Upon motion by Vice President McInerney, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the subject determination and to adopt the findings submitted by the appellant’s attorney. Appellant: Aton Wydler. Determination: that use of the subject property as a 4-unit residential building is not permitted under the Planning Code, and is not considered to be a legal non-conforming use under Planning Code Sections 180 through 185.

ACTION: Upon motion by President Chin, the Board voted 5-0 to reschedule the matter to June 19, 2002.

SPEAKERS: None.

ITEM B: 520 - 4^th Street. Letter from Randy Sue Pollack, attorney for Steven Lee dba "Glaskat Supper Club," requesting that the Board take jurisdiction over a Zoning Administrator determination dated March 19, 2002, addressed to Steven Lee, that the Police Permit Application Zoning Referral for an Extended Hours Premises Permit at the subject property cannot be approved because such approval would constitute an intensification of the legal nonconforming use (nighttime entertainment) in violation of Planning Code § 181(a), and because the prior Extended Hours Premises Permits enjoyed at the subject property were all voluntarily surrendered in excess of 3 years ago, and Planning Code § 183 prohibits the reestablishment of nonconforming uses that have been discontinued for a continuous period of 3 years.

ACTION: Upon motion by commissioner Cullum, the Board voted 5-0 to grant the jurisdiction request. The requestor has fifteen days to file an appeal.

SPEAKERS: Randy Sue Pollack, attorney for the requestor said she practices in federal court and had failed to meet the deadline for appeal. Lawrence Badiner, ZA, objected to allowing a new appeal period since his staff had reissued the decision which gave the requestors more than the usual time to appeal.

ACTION: Upon motion by President Chin, the Board voted 5-0 to continue the matter to the indefinite calendar at Call of the Chair

SPEAKERS: Gerald Pinto, Co-Appellant, explained the history of his appeal and asked the Board to legalize his third unit. Marianne Ruddy, Co-Appellant, asked the Board to grandfather the unit so tenant can remain in it. Laurence Kornfield, (BI, DBI) reminded the Board of his site visit and the minor problems which have been cleared up and the additional Code standards that must be met if this third unit is lawfully added, making the building an apartment house under the Code.

NO PUBLIC COMMENT FOR EITHER SIDE.

ACTION: Upon motion by Commissioner Saunders, the Board voted 5-0 to uphold the denial of the subject permit.

SPEAKERS: Mark Borsuk, Appellant, explained that the dispute between the tenants-in-common is now in the court of appeals and he asked the Board to put the appeal back on the indefinite calendar at the Call of the Chair. Keith Ryan, one of the other tenants in common said that he has tried to go to arbitration but the Appellant’s attorney won’t respond to his request and he asked the Board to uphold the decision and not continue it again so this matter can be resolved.

NO PUBLIC COMMENT FOR EITHER SIDE

ACTION: Upon motion by vice President McInerney, the Board voted 5-0 to overrule the denial by the Planning Commission, and grant the permit with adoption of findings as submitted by the appellant’s attorney.

SPEAKERS: David Cincotta reported that there is no agreement on revised plan yet and he described the revision proposed by the Appellant and said that the Planning Commission’s decision was draconian and constitutes a "taking." Mimi Lee speaking for her parents, the Section 14 Parties, said she disagreed with the Appellant’s position and that he was incorrect as to the facts. Lawrence Badiner, ZA, said that in his view the Commission’s decision is not a "taking" but rather a reasonable compromise that is doable.

NO PUBLIC COMMENT FOR EITHER SIDE.

ACTION: Upon motion by President Chin, the Board voted 3-2 (Vice President McInerney and Commissioner Cullum dissented) to continue the matter to the indefinite calendar at Call of the Chair.

SPEAKERS: Paul Zarefsky, Deputy City Attorney for the Taxi Commission, explained that a mistake had been made and asked the Board to uphold the Commission since to overrule would result in an unlawful granting of a medallion to someone not deserving of one and that the Commission had acted in good faith. Terry Chan, Appellant, explained the chronology of events and how he had relied on the Commission’s action in going into debt to fix his house and buy a taxicab. He asked the Board to overrule the rescission so he can keep the medallion and support his family and handle his debt.

PUBLIC COMMENT FOR TAXI COMMISSION: Rya Graffis of United Taxi Workers said she didn’t support the Appellant and said that every driver on the list knows at all times their position on the list and Appellant should have realized it was not yet his time and not accepted the medallion in error. He has made $9,000 so far from it and a driver can expect to make $12,000 a year as income. He will get a lawful medallion when his number comes up.

NO PUBLIC COMMENT FOR APPELLANT.

Judith Boyajian said she agreed with the analysis of Vice President McInerney that the body of case law supports the Commission.

ACTION: This matter was withdrawn by the appellants.

SPEAKERS: None.

ACTION: Upon motion by Vice President McInerney, the Board voted 4-1 (Commissioner Cullum dissented) to overrule the denial by the Planning Commission, and grant the permit with adoption of findings as prepared by the appellant’s attorney.

SPEAKERS: Lawrence Badiner, ZA, explained the Planning Commission’s policy on residential merger cases and said this application met only one of the five criteria set forth by the Commission. Andrew Zacks, attorney for the Appellant said that the building was subject to the Ellis Act and the units could not be rented for years and that the application does meet the Commission’s criteria and should be approved, especially since the rental housing market has changed substantially since the policy was adopted and units are available now.

Rene Tan, Appellant, explained her family’s need for a larger home to accommodate themselves and the tenants willingness to vacate the units

ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to reschedule the matter to June 12, 2002.

SPEAKERS: None.

ACTION: Upon motion by Vice President McInerney, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the matter to June 26, 2002.

SPEAKERS: None

ACTION: Upon motion by Vice President McInerney, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the matter to June 26, 2002.

SPEAKERS: Lawrence Badiner, ZA, said the Department had acted on a complaint and the owner is still operating. Juan Pineda, Appellant, requested a rescheduling to June 26 so that there will be a five-member Board hearing the appeal. Susanne Kelly, attorney for the permit holder, said that the appeal comes in the middle of construction under an approved permit and the project is not part of the appeal and her client is not present.

NO PUBLIC COMMENT FOR EITHER SIDE.

ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to reschedule the matter to June 26, 2002.

SPEAKERS: Steve Atkinson, attorney for the Appellants said his clients have agreed to reschedule the appeal to June 26. Donald Jans, Permit Holder, said that the rescheduling to June 26 was acceptable to him.

ACTION: Upon motion by Commissioner El Qadah, the Board voted 5-0 to reschedule the matter to June 12, 2002.

SPEAKERS: None.