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MINUTES OF THE REGULAR MEETING
OF THE SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, APRIL 18, 2001
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 Carole Cullum, and Commissioner Allam El Qadah.
Judith Boyajian, Deputy City Attorney (DCA); Larry Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (SBI, DBI); and Robert Feldman, Executive Secretary for the Board.
ABSENT: Commisisoner John McInerney.
Easteller Bruihl, the Official Court Reporter, swore in all those who intended to testify during the meeting.
(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: 1. President Chin welcomed back Vice President Saunders from her medical leave and thanked Commissioner El Qadah for his efforts as Acting Vice President during her absence. 2. Vice President Saunders said it was good to be back.
(3) APPEAL NO. 01-028
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
ZONING ADMINISTRATOR, Respondent
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[2345 Third Street.
[Revised Zoning Administrator determination [dated January 18, 2001 that Michael Patrick [Partners, Inc. is an "Arts Activities and [Space" use which is a principally permitted [use in a M-2 (Heavy Industrial) Zoning [District.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0-1 (Commissioner McInerney absent) to UPHOLD the subject determination.
SPEAKERS: 1. Larry Badiner, ZA, explained his determination and how he had analyzed graphics design use compared to office use. He said the changes in the building are still under 25,000 square feet and thus exempt from the limits for office use in the Planning Code. 2. Sue Hestor, attorney for appellant, said there was more than 25,000 square feet and that under the Prop M of 1986 amendments to the Planning Code this is an office use which should trigger the imposition of all the fees imposed on office uses. She said the ZA is rewriting the Planning Code in this determination which is beyond the scope of his authority under the Charter and the Code. She said the proposed use diminishes industrial space needed for uses like the bakery which the building once housed. 3. David Levy, attorney for the graphics firm that proposes to use the space, the permit applicant, said the Code provides specifically arts activities and space and the proposed use is consistent with the Planning Code. He asked the Board to uphold the ZA. 4. Duane Maidens, a co-founder of the subject firm, said that his was not a web site design firm but rather one that creates logos and letterhead and posters, a true graphics arts firm and not an advertising agency which would be an office use. He said his 16 employees now must commute to Palo Alto and the proposed site would make commuting much more convenient for them and for their clients and vendors. No Public Comment.
(4)CONSENT ITEMS: Without consent from the Department of Building Inspection to reduce the subject penalty to two times the regular fee, the Board took testimony from both sides and decided the appeal as follows:
(4)APPEAL NO. 01-047
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VICTOR & URSULA VELARDE, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[29 Oliver Street.
[Imposition of Penalty on February 26, 2001.
[APPLICATION NO. 2001/01/08/9392.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 4-0-1 (Commissioner McInerney absent) to REDUCE the subject penalty to three times the regular fee.
SPEAKERS: 1. Victor Velarde and Ursula Velarde, appellants, explained the history of their ownership of the house and how they were willing to remove the illegal fixtures to bring the house into compliance and asked for a reduction of the penalty because Ms. Velarde is pregnant and the illegal work was originally done by the previous owner. 2. Laurence Kornfield, CBI, DBI, described the illegal work and its history and said the appellants, while they had done some illegal work, had been cooperative with DBI and were willing to bring the house into compliance as a one-family building.
Items (5A) and (5B) were heard together
(5A)APPEAL NO. 98-035
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VICTOR TWAL dba "BUDDIES", Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[498 Sanchez Street.
[Denial on February 13, 1998, of permit to [Alter a Building (legalize awning and sign [installed without permit).
[APPLICATION NO. 9723854.
[FOR HEARING TODAY.
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MICHAEL CRAWFORD & TOM HANUS,
dba "CHAT CAFÉ", Appellant
vs.
DEPARTMENT OF PUBLIC WORKS, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[498 Sanchez Street.
[Denial on December 7, 1999, of permit for [12 chairs on sidewalk.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner El Qadah, the Board voted 4-0-1(Commissioner McInerney absent) to RESCHEDULE both matters to July 18, 2001.
SPEAKERS: No appearances and no public comment.
(6)APPEAL NO. 01-054
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ELIZA L. RANSOM, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[285 Faxon Avenue.
[Protesting issuance on February 27, 2001, [to Julio Perez, permit to Alter a Building [(expansion of rear second story addition to [existing first floor footprint).
[APPLICATION NO. 2000/10/12/2873.
[FOR HEARING TODAY.
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ACTION: This matter was WITHDRAWN prior to hearing.
(7)PUBLIC HEARING AND CONSIDERATION OF RAISING FEES FOR FILING APPEALS: Would require amendment of Section 8 of Part III of the Municipal Code by the Board of Supervisors. Copies of the Code are available at the Board office. Letters may be submitted to the Board at its office or by fax at 575-6885.
ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner McInerney absent) to ADOPT a resolution that an increase in filing fees is not warranted at this time, and that a $25 per permit surcharge is a more appropriate way to increase revenue for the department.
SPEAKERS: None.
(8)PUBLIC HEARING, CONSIDERATION AND ADOPTION OF CODE OF CONDUCT: Would discourage City Department Directors and Commissioners from utilizing regularly scheduled public meetings to willfully attack, defame and/or slander fellow colleagues with disrespectful comments that are disparaging of their sexual orientation, race, ethnic background, religion, gender, age or physical ability.
ACTION: Upon motion by Commissioner El Qadah, the Board voted 4-0-1 (Commissioner McInerney absent) to ADOPT the draft code of conduct.
SPEAKERS: None.
There being no further business, President Chin adjourned the meeting at 6:52 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.
Date Posted: April 12, 2001
