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MINUTES FOR THE REGULAR MEETING OF THE
SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, OCTOBER 4, 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, Commissioner Carole Cullum, Commissioner Allam El Qadah who left the meeting early at 9:45 pm, and Commissioner John McInerney.
Lawrence Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); 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.
ABSENT: Judith Boyajian, Deputy City Attorney; and 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.
SPEAKER: Barry Taranto of the United Taxicab Workers urged the Board to uphold the medallion revocations issued by the Taxicab Commission.
(2)COMMISSIONERS COMMENTS AND QUESTIONS.
SPEAKER: President Chin informed the audience that he would impose a per person limit of two minutes for public comment because Commissioner El Qadah had to leave by 9:30 pm.
(3)REQUEST FOR REHEARING: 1050 - 17th Street. Letter from Sue C. Hestor, attorney for Committee for Jobs Arts and Housing, appellant requesting rehearing of Appeal No. 00-119, heard September 6, 2000. Upon motion by Commissioner McInerney, the Board voted 4-0-1 (Commissioner Cullum absent) to GRANT the subject site permit for 19 live/work units.
ACTION: Upon motion by Commissioner El Qadah, the Board voted 5-0 to DENY the request for rehearing.
SPEAKERS: 1. Sue Hestor, attorney for appellant, urged the Board to grant a rehearing based on her assertion that Ciaran Harty, permit holder, had illegally rented out some of his other live/work projects as 100% office space and would do the same with the subject project. 2. John de Castro, agent for the appellant, presented pictures and described a visit to one of Mr. Harty’s live/work projects to back up Ms. Hestor’s assertion. 3. Alice Barkley, attorney for the permit holder, urged the Board to deny this request for rehearing because there was no new evidence that satisfied the rule for granting a rehearing. 4. Joe O’Donoghue, agent for the permit holder, also urged the Board to deny this request for rehearing.
5. Lawrence Badiner, ZA, answered questions from the Board concerning the legal uses of live/work projects.
(4)APPEAL NO. 00-104
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JUN WAI CHIN, Appellant
TAXICAB COMMISSION, Respondent
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[Revocation on June 21, 2000, of [Taxicab Medallion #797.
[RESOLUTION NO. 2000-49.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 3-2 (Commissioner Cullum and Commissioner McInerney dissented) to overrule the Taxicab Commission and replace the revocation with a four-month suspension. Four votes being necessary to overturn any departmental action, the motion FAILED and the subject revocation was UPHELD.
SPEAKERS: 1. Thomas Owen, DCA, described the appellant’s driving record in relation to Prop. K and asked the Board to uphold the subject revocation. 2. Wing Lee, agent for appellant, conveyed his client’s feelings that the Taxicab Commission’s action was too harsh. 3. Jun Wai Chin, appellant, answered questions from various Commissioners.
(5)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 HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to UPHOLD the subject revocation.
SPEAKERS: 1. Thomas Owen, DCA, described the actions of the appellant that led to the revocation of his permit. 2. Officer Teresa Ewins, Police Department, conveyed her opinion that the appellant poses a public safety threat to his passengers. The appellant was not present at the hearing.
(6)APPEAL NO. 99-085
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MARK BORSUK, Appellant
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[1626 Vallejo Street.
[Denial on May 24, 1999, of permit to [Alter a Building (new deck, window and [firewall).
[APPLICATION NO. 9810583.
[PUBLIC HEARING HELD AND [CLOSED JULY 14, 1999.
[FOR FURTHER CONSIDERATION [TODAY.
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ACTION: This matter was continued to the indefinite calendar or CALL OF THE CHAIR at the request of President Chin.
SPEAKERS: 1. Lawrence Badiner, ZA, gave an update about the issue concerning the subdivision of the subject property. 2. Mark Borsuk, appellant, also spoke about the same issue.
(7)APPEAL NO. 99-035
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LUCINDA HAMPTON, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2234-2236 Francisco Street.
[Protesting issuance on November 12, [1998, to John and Evelyn Schiappaca-[sse, permit to Alter a Building (remove [walls to provide parking spaces and [remove daycare facility).
[APPLICATION NO. 9823286.
[JURISDICTION GRANTED MARCH 18, [1999.
[FOR FURTHER HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to CONTINUE the matter to December 13, 2000 with the prior written consent of both parties.
SPEAKERS: None.
(8)CONSENT ITEMS: With the consent of the Department of Building Inspection, the Board will 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. 00-140
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PETER LARSEN, Appellant
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[253-263 Laguna Street.
[Imposition of Penalty on August 29, [2000.
[APPLICATION NO. 2000/06/16/2849.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner El Qadah, the Board voted 5-0 to REDUCE the subject penalty to two times the regular fee of $150.80 for a total of $301.60.
SPEAKERS: The appellant was present but did not speak.
(B)APPEAL NO. 00-149
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DANNY CHIN, Appellant
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[629-631 44th Avenue.
[Imposition of Penalty on August 29, [2000.
[APPLICATION NO. 2000/06/19/2995.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 5-0 to REDUCE the subject penalty to two times the regular fee of $118.30 for a total of $236.60.
SPEAKERS: The appellant was present but did not speak.
(9)APPEAL NO. 00-077
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HIROHIDE & JONIE TAKATSUJI, Appellants
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[326 - 18th Avenue.
[Denial on May 9, 2000, of permit to Alter [a Building (construct two-car parking [garage with roof deck at front and [rebuild front stairs).
[APPLICATION NO. 9914207.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 5-0 to OVERRULE the Planning Department and GRANT the subject alteration permit.
SPEAKERS: 1. Lawrence Badiner, ZA, explained the reasons this permit was denied. 2. Jeremy Paul, agent for appellants, urged the Board to grant the permit. Public Comment for the Planning Department: Anne Forell and Victor Romero. Public Comment for the Appellants: None.
Items (10A) and (10B) shall be heard together
(10A)APPEAL NO. 00-107
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PETER G. EUTENEUER, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[829 De Haro Street.
[Denial on June 28, 2000, of permit to [Demolish a Building (single-family [dwelling).
[APPLICATION NO. 9907412.
[FOR HEARING TODAY.
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PETER G. EUTENEUER, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[829 De Haro Street.
[Denial on June 28, 2000, of permit to [Erect a Building (two-unit four-story [dwelling).
[APPLICATION NO. 9907413S.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 5-0 to OVERRULE the Planning Department and GRANT the subject demolition permit. Then, upon motion by Commissioner McInerney, the Board voted 5-0 to OVERRULE the Planning Department and GRANT the site permit on CONDITION that the height be reduced by five feet so as to reflect the revised plans in the appellant’s brief and with a third floor setback of 15 feet.
SPEAKERS: 1. Lawrence Badiner, ZA, explained the reasons for the denial of both permits. 2. Peter Euteneuer, appellant, asked the Board to grant the permits per the revised plans. 3. Greg Delory, agent for the appellant, also asked the Board to grant the subject permits. Public Comment for the Planning Department: Peter Rudolfi, Gary Klausner, Diana Conner, Julia Bergman, and Steven Nichelson. Public Comment for the Appellant: Michael Murphy, Joe O’Donoghue, Bill Sorensen, Edith Riney, and Barbara Presta.
(11)APPEAL NO. 00-103
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TERRANCE ALLAN, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[561 Baker Street.
[Protesting issuance on May 11, 2000, [and suspension June 30, to Robert [Sigmund, permit to Alter a Building [(remove top floor of occupancy to [include bedroom, kitchen, bathrooms; [remove private computer room in [basement; provide one hour fire-rated [door to boiler room; remove obstruction [from rear stair).
[APPLICATION NO. 2000/04/11/6894.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 5-0 to CLOSE public testimony, to CONTINUE the matter to November 15, 2000 with a report at that time from Chief Building Inspector Laurence Kornfield concerning the life/safety issues of the subject unit, and to PARTIALLY GRANT the subject permit with respect to the removal of the hot tub, deck and barbecue on the roof.
SPEAKERS: 1. Steve Collier, agent for appellant, urged the Board to revoke this permit as it would constitute the eviction of his client. 2. Terrance Allan, appellant, also urged the Board to revoke this permit and described the subject unit in detail. 3. Laurence Kornfield, CBI, DBI, spoke about his department’s contention that the subject unit either be removed or legalized under the current Codes by the subject property owner. 4. Lawrence Badiner, ZA, described the zoning rules that apply to this subject property. 5. Kevin Greenquist, attorney for the permit holder, urged the Board to uphold the permit. Public Comment for the Appellant: Joe O’Donoghue. Public Comment for the Permit Holder: None.
(12)APPEAL NO. 00-131
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MARK & LILLIANE BORSUK, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[1624 Vallejo Street.
[Protesting issuance on July 28, 2000, to [Enzo Spaccia, permit to Alter a Building [(alter existing deck per Planning Dept. [rear structure setback requirement).
[APPLICATION NO. 9814775.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 4-1 (Commissioner Cullum dissented) to GRANT the subject permit with no modifications.
SPEAKERS: 1. Mark Borsuk, co-appellant, outlined the reasons for the appeal and urged the Board to revoke the permit. 2. Keith Ryan, agent for the permit holder, urged the Board to uphold the permit.
3. Enzo Spaccia, permit holder, also urged the Board to uphold the permit. 4. Lawrence Badiner, ZA, defended the issuance of the permit. 5. Lilliane Borsuk, co-appellant, also urged the Board to revoke this permit. Public Comment for the Appellants: None. Public Comment for the Permit Holder: Robert Kraehe and Jerry Brown.
(13)APPEAL NO. V00-129
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MICHAEL TSANG, Appellant
ZONING ADMINISTRATOR, Respondent
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[21 Castenada Avenue.
[Appeal of Condition #1 of Minimum Lot [Size Variance granted on August 7, [2000 (construct a new single-family [dwelling on an approximately 3,400 s.f. lot with the condition that the project [sponsor provide additional sunlight [access to existing windows on the north [wall of 25 Castenada Avenue, via a [matching light well, additional building [set back on the south side, or a step [back on the top floor as good neighbor [gestures).
[VARIANCE CASE NO. 99.645V.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 5-0 to UPHOLD the subject variance with a FINDING that Condition 1(a) of the said variance decision is satisfied by reducing the width of the building on the southerly side up to the easterly edge of the light well on 25 Castenada Avenue, with white reflective paint to be used on the side of the building facing the said light well on 25 Castenada Avenue.
SPEAKERS: 1. Lawrence Badiner, ZA, explained the reasons behind Condition 1(a) of his variance decision. 2. Jeremy Paul, agent for the variance holder, urged the Board to delete Condition 1(a) from the said variance decision. 3. Michael Tsang, appellant, described the hardship he would suffer from Condition 1(a). Public Comment for the ZA: None. Public Comment for the Appellant: Joe O’Donoghue.
(14)APPEAL NO. V00-130
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GLORIA NAJAR & ARMANDO VASQUEZ, Appellants
ZONING ADMINISTRATOR, Respondent
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[1247 Florida Street.
[Denial of Front Setback Variance (to [allow a new porch and stairs to extend [further into the front setback than the [existing porch).
[VARIANCE CASE NO. 2000.405V.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0-1 (Commissioner El Qadah absent) to OVERRULE the Zoning Administrator and GRANT the subject front setback variance, with FINDINGS to be prepared by the appellant and for adoption at a later date.
SPEAKERS: 1. Lawrence Badiner, ZA, explained the reasons for the denial of this front setback variance. 2. Armando Vasquez, co-appellant, urged the Board to grant the variance so they could modestly expand their home. 3. Gloria Najar, co-appellant, also urged the Board to grant the variance.
There being no further business, President Chin adjourned the meeting at 10:04 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.
