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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, OCTOBER 30, 2002
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
Present: President Arnold Y. K. Chin, Vice President Katherine Harrington, Commissioner Sabrina Saunders, Commissioner Douglas Shoemaker, and Commissioner Hisashi Sugaya.
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, Claudine Woeber.
(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 & QUESTIONS: The Board requested the staff arrange for presentations to the Board on affordable housing policies and implementation procedures for both for-profit and non-profit housing and a separate presentation by the Planning Department on parking requirements and implementation procedures, including the car-sharing programs in the City.
(3)ADDENDUM ITEM(S):
ITEM A: 129 Randall Street. Letter from Paul Curtis, agent for Friends of Randall Street, requesting that the Board take jurisdiction over Building Permit Application No(s). 9911579 & 9911578S. Permit Holder(s): John O'Reilly. Project: demolish a one-story single-family dwelling & construct a three-story, two-unit residential building.
Date Permit(s) Issued: July 11, 2002
Last Day to Appeal: July 26, 2002
Jurisdiction Request(s) Received: August 20, 2002
ACTION: Upon motion by Commissioner Shoemaker, the Board voted 4-0-1(Commissioner Saunders absent) to deny the request for jurisdiction.
SPEAKERS: Andrea Werlin for the requestors asked the Board to allow a late filing of a protest appeal because she and the other neighbors were confused by the permit issuance and notification procedures for demolition and site permits. She said she has undergone serious medical treatments for the past two years. Brett Gladstone, attorney for the permit holder, asked the Board to deny the request on the grounds the neighbors are sophisticated in these matters after going through nine hearings on this project and there is no good reason they failed to file on time. Laurence Kornfield, CBI for DBI explained the demolition and site permit numbering system for applications and permits.
(4) APPEAL NO. 96-175
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REBECCA A. VISPERAS, Appellant(s)
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[550-552 Athens Street.
[Denial on December 9, 1996, of permit to Alter [a Building (legalize existing use a two family [dwelling on two floors of occupancy).
[APPLICATION NO. 9518320.
FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to overrule the denial with a
finding that the 2nd unit at the subject property existed in 1908, with the Department of Building Inspection to correct the 3R report, and on condition that the 2nd unit (legal non-conforming use) meet all Building Code requirements.
SPEAKERS: Gurson Dang for the Appellant and himself explained why he feels that legalization of the second unit is justified based on the history of the building and the engineer's and water department reports and records.
Laurence Badiner, ZA, explained that the only basis for allowing the unit to remain is to find that the City records show that the unit was created before zoning regulations were enacted.
(5) APPEAL NO. 98-046
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GERARDO PINTO & MARIANNE RUDDY,
Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[1506-08 Alabama Street.
[Denial on March 6, 1998, of permit to Alter a [Building (legalize flat on ground floor; add [windows in kitchen and living room; add fan [and light in bathroom; provide fire wall and [door between garage and flat).
[APPLICATION NO. 9802518S.
[PUBLIC TESTIMONY HEARD NOV. 18, 1998, [FEB. 17, 1999, & MAY 29, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to continue the matter to the Indefinite Calendar. (Call of the Chair).
SPEAKERS: Lawrence Badiner, ZA, said that Planning Code regulations do not permit a third unit on this site. Laurence Kornfield, CBI, DBI described his site visit and said the life-safety problems have been remedied, but that if approved for three units the class would change to apartment house triggering many improvements required to meet multi-family standards. Gerardo Pinto, Appellant said that coming to the hearing from his home in Martinez is a hardship for him and that the tenants are happy with the apartment.
(6) APPEAL NO. 98-117
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EDWARD R. NUNES, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1780 Oakdale Avenue.
[Health Permit Referral determination by the [Zoning Administrator dated June 10, 1998 that [the proposed Non-conforming Commercial [Food Warehouse/Wholesale Sales use in a RH-[1 zone, will terminate at the current five-year [lease expiration on April 30, 2003.
[FOR HEARING TODAY
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ACTION: Upon motion by Vice President Harrington, the Board voted 5-0 to continue the matter to Jan. 29, 2003 with the approval of the parties.
SPEAKERS: None.
(7) APPEAL NO. V00-048
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ALLAN & LORRAINE THOMPSON,
Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[50 Magnolia/1755 Chestnut Streets.
[Denial on March 22, 2000, of Rear Yard [Variance to relocate one dwelling unit from the [1755 Chestnut Street building to the existing [rear carriage house at 50 Magnolia Street by [renovating and adding a floor and roof deck to [the existing building, setting back the new floor [15 feet from Magnolia Street; the proposal also [includes two 2'x7' extensions into the lightwells [of the existing 1755 Chestnut Street building; [the total number of dwelling units will remain [six units.
[VARIANCE CASE NO. 99.164V.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Harrington, the Board voted 5-0 to continue the matter to Nov. 20, 2002 at the request of the parties.
SPEAKERS: None.
(8) APPEAL NO. 00-096
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TREVOR FOOKS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[1623-1625 Noe Street.
[Zoning Administrator's determination dated [June 13, 2000 that under the RH-2 zoning of [the property, the illegal third basement unit of [the two-unit building must be removed, and [with certain alterations the space may remain [habitable space as part of one of the two lawful [units.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to continue the matter to the Indefinite Calendar.
SPEAKERS: None.
ITEMS (9A) & (9B) WERE HEARD TOGETHER:
(9A) APPEAL NO. 01-021
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POTRERO BOOSTERS NEIGHBORHOOD ASSN. & DOGPATCH NEIGHBORHOOD ASSN., Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[691 Tennessee Street.
[Protesting issuance on January 10, 2001, to [Robert Miller, Site Permit to Erect a Building [(25 live/work units).
[APPLICATION NO. 9917435S.
[FOR HEARING TODAY.
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POTRERO BOOSTERS NEIGHBORHOOD ASSN. & DOGPATCH NEIGHBORHOOD ASSN., Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[691 Tennessee Street.
[Protesting issuance on January 10, 2001, to [Robert Miller, Permit to Demolish a Building [(metal shed).
[APPLICATION NO. 9917436.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 4-1(Commissioner Sugaya dissented) to reschedule the matter to Nov. 20, 2002.
SPEAKERS: None.
(10) APPEAL NO. 01-040
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RICK HOLMAN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[445 Bryant Street.
[Protesting issuance on January 29, 2001, to [Armax, Inc., Site Permit to Erect a Building [(eight live/work units).
[APPLICATION NO. 2000/09/15/7935S.
[PUBLIC HEARING HELD MAR. 13, 2002, & [FURTHER TESTIMONY HEARD JUNE 12, [2002.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Vice President Harrington, the Board voted 5-0 to continue the matter to the Indefinite Calendar at the request of the parties.
SPEAKERS: None.
(11) APPEAL NO. 01-115
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THERESA ISSERMAN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[700 Vermont Street.
[Protesting issuance on June 20, 2001, to [Raymond & Hazel Guaraglia, Permit to Alter [a Building (demolish existing non-compliant [residential units per Notice of Violation No. [200114983; remove all utilities to ground level; [convert to original commercial space with no [structural work to be done).
[APPLICATION NO. 2001/06/20/1935.
[PUBLIC TESTIMONY HEARD JUNE 19, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: Upon motion by Commissioner Sugaya, the Board voted 5-0 to continue the matter to Nov. 20, 2002 at the request of the parties.
SPEAKERS: None.
12) APPEAL NO. 01-213
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MICAELA LEZCANO, Appellant(s)
DEPT. OF PUBLIC WORKS, Respondent
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[3560-3566 - 20th Street.
[Denial on October 25, 2001, of Permit to [Remove Two Trees (without replacement).
[ORDER NO(S). 173,215 & 173,232
[ORIGINAL DECISION ON FEB. 6, 2002 TO [UPHOLD DENIAL.
[REHEARING GRANTED JUNE 19, 2002.
[FOR REHEARING TODAY.
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ACTION: Upon motion by Vice President Harrington, the Board voted 5-0 to continue the matter to Nov. 13, 2002 at the request of the parties.
SPEAKERS: None.
(13) APPEAL NO. 02-111
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JUDITH HARDING, Appellant(s)
ZONING ADMINISTRATOR, Respondent
Subject Prop. Owner(s): RICHARD
& NORMA DENNES
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[281 & 285 Edgewood Avenue.
[Appealing a determination dated June 10, 2002, [addressed to Judith Harding, that Variance [Case No. 90.856V has been "utilized" or acted [upon, and that the current configuration of the [subject lots is legal; that no new variance is [necessary to build upon the subject lots as long [as the proposal generally conforms to the [dimensions and scope of the project as [originally described in the variance; and that the [permit applications filed with the Planning Dept. [have been found to conform to the variance and [are subject to the required 30-day [neighborhood notification.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Shoemaker, the Board voted 5-0 to uphold the subject determination.
SPEAKERS: None.
(14) APPEAL NO. 02-131
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OCEAN BEACH
HOMEOWNER'S ASSOCIATION, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[770 La Playa Street.
[Protesting the issuance on July 10, 2002, to the [Progress Foundation, Permit to Erect a Building [(four-story, fourteen-unit building with 3,972sf of [ground floor area).
[APPLICATION NO. 2000/12/20/8432.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Harrington, the Board voted 5-0 to continue the matter to Nov. 6, 2002 at the request of the parties.
SPEAKERS: None.
(15) APPEAL NO. 02-152
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SPP REAL ESTATE LLP, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[Lakeshore Plaza Shopping Center on Sloat [Boulevard.
[Appealing a determination dated July 26, 2002, [addressed to Walter Wong at Jaidin [Consulting, that a hamburger restaurant is not [a permitted use at the subject property [because hamburger restaurants were [specifically omitted as an allowable use by the [Board of Supervisors when it approved [conditions for the Conditional Use (CU) [authorization at Lakeshore Plaza.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 4-1 (Commissioner Sugaya dissented) to overrule the subject determination.
SPEAKERS: Lawrence Badiner, ZA, explained the Planning Code definition of fast food restaurant and the condition imposed by the Board of Supervisors when they approved the Conditional Use authorization for the shopping center. He said the issue is when is a hamburger a hamburger or a sandwich. His determination is based on his understanding of what the Supervisors' intention was in prohibiting fast food hamburger restaurants. Patrice Fambrini, Jaidin Consulting, spoke for McDonald's and asked the Board to overrule the ZA and allow the restaurant in the shopping center. She said it meets the Planning Code definition of a large fast-food restaurant and that "hamburger restaurant" is not defined in the Code. The store will sell much more than hamburgers, besides. The Code does not prohibit franchise businesses, either.
No public comment for either side.
(16) APPEAL NO. 02-191
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CLEMENTINA TOWERS
TENANTS ASSOCIATION, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
REDEVELOPMENT AGENCY APPROVAL
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[328 Tehema Street.
[Protesting the issuance on Sept. 6, 2002, to [Todco Development, Permit to Erect a Building [(nine-story, 85-unit residential commercial [building with parking).
[APPLICATION NO. 2001/12/03/4364.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Saunders, the Board voted 5-0 to recuse Commissioner Shoemaker. Afterwards, upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker recused) to reschedule the matter to Nov. 20, 2002 with a start time of no earlier than 4pm.
SPEAKERS: Abdul Kadir, Appellant requested a rescheduling of the hearing so he will have sufficient time to organize his group for the hearing. John Elbering of Todco, the permit holder, objected to a rescheduling because delay will cost money, since the contractor has guaranteed a price until December 31, after which the price goes up.
There being no further business, President Chin adjourned the meeting at 7:37 p.m.
___________________________ _________________________________
Arnold Y. K. Chin, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Ms. Claudine Woeber, the Official Court Reporter,
883-7561.
