Meeting Information

MINUTES OF THE
REGULAR MEETING OF THE SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, JULY 19, 2000
5:30 P.M., CITY HALL, ROOM 416

1 DR. CARLTON B. GOODLETT PLACE (FORMERLY 301 POLK STREET)

PRESENT: President Arnold Chin, Commissioners Carole Cullum, Allam El Qadah and John McInerney.

Judith Boyajian, Deputy City Attorney; Isolde Wilson, representing the Planning Department and the Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); and Robert Feldman, Executive Secretary for the Board.

ABSENT: Vice President Sabrina Saunders.

Zina Bailey, substitute for 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: 1. Patricia Vaughey thanked the Board for denying the recent request for jurisdiction over a permit at the Edward II hotel. 2. Joe O’Donoghue spoke in support of the permit holder Jim Byrne, an attorney for the Irish community, and asked the Board to deny the request for jurisdiction being considered under Item 3A.

2. COMMISSIONERS COMMENTS AND QUESTIONS.

SPEAKERS: 1. Commissioner Cullum apologized to the public and to the other Board members for being late for the meeting. 2. Commissioner McInerney said he understood now that the Court of Appeals case he had referred to last week was a win for the City and the court had upheld the Board’s decision in Chew vs. Lau. 3. Commissioner El Qadah said he applauds Supervisor Mark Leno’s efforts to remove illegal billboards in the City and he asked the Planning representative if Planning had tagged any illegal signs lately. 4. Isolde Wilson, planner representing the Zoning Administrator said she would check with the staff and report back to the Board. 5. Commissioner Cullum thanked Planning Director Gerald Green for his efforts regarding the women’s kitchen incubator project and Jane Segal after the public hearing last week.

(3) MATTERS FOR CONSIDERATION AND OTHER CORRESPONDENCE:

REQUESTS FOR JURISDICTION BEYOND FIFTEEN-DAY APPEAL PERIOD:

ITEM A: 75B and 75C Lynch Street. Letter from Hung Yin Cheng requesting that the Board take jurisdiction over Building Permit Application No. 2000/05/04/9072 issued to Jim Byrne to remove two illegal units at basement and convert to storage only. Continued from July 12, 2000.

ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1 (Vice President Saunders was absent) to DENY the request for jurisdiction.

SPEAKERS: 1. Jim Byrne, permit holder, reported that no agreement had been reached between him and his tenants. 2. Gary Gin, representing the Cheng family who have requested jurisdiction over Mr. Byrne’s permit, agreed that no agreement had been reached. In response to Commissioner El Qadah’s question he said that Mr. Byrne had offered the Chengs more than the other tenants but that their situation was different.

ITEM B: 537 Divisadero Street. Letter from Robert Speer for the Planning Association of Divisadero Street requesting that the Board take jurisdiction over Building Permit Application No. 2000/06/09/2294 issued to Howard A. Cooper for tenant improvements.

ACTION: Upon motion by Commissioner El Qadah, the Board voted 3-1-1 (Commissioner McInerney dissented, Vice President Saunders was absent) to GRANT the request for jurisdiction. 4 votes being necessary to grant a request for jurisdiction, the request was DENIED.

SPEAKERS: 1. Adham Nasser for Robert Speer, the requestor, said that he was opening a vegetarian restaurant next door to the check cashing business and the latter will put his investment at risk. He said that no notice was sent by Planning that the former art gallery space would become a check cashing business, which will bring in customers from outside the area and will undercut the recent improvements to the neighborhood. 2. David Edge, regional director of the check cashing firm which operates the business, said the business will promote the neighborhood and will look like and be operated like a bank. 3. Laurence Kornfield, CBI, DBI, said that no notification of permit issuance is required by the Building and Planning Codes for a change in commercial use of space and permits need to be posted for the inspector and not for the public and may be posted indoors where the public can not see the permit.

(4) APPEAL NO. 00-028

ACTION: This matter was WITHDRAWN by the appellant prior to further consideration.

SPEAKERS: None.

Items (5A) and (5B) shall be heard together

(5A) APPEAL NO. 00-046

(5B) APPEAL NO. 00-047

ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0-1 (Vice President Saunders was absent) to REVOKE both the demolition permit and the site permit.

SPEAKERS: 1. Tracy Kirkham, co-appellant, said she wanted to make a counter status report to the Board in response to the written status report submitted by the permit holders. She said the Board continued the matter to allow for negotiations on the shoring or underpinning issue and she described the history of correspondence between her and the permit holders, but that the permit holders actually have no bids and no insurance and may not intend to begin the project until next Spring, if at all, and that she still feels the best solution is for the Board to disapprove these permits and have the process start again with negotiations. She related rumors in the neighborhood regarding the permit holders’ intentions to get a permit in under proposed regulations that have not been enacted. She agreed to a one week continuance. 2. Timothy Tosta, attorney for permit holders, said that a shoring permit application is now on file and he regrets the acrimony between the parties which the Board should not have to deal with. He said that the appellants need to decide whether they prefer shoring or underpinning. He recommended the appeals be continued to allow for negotiations or that the permits be upheld contingent on proper shoring or underpinning plans being approved by DBI, and that disapproval would be an abuse of the Board’s discretion. 3. Steve Atkinson, attorney for the permit holders, added that the July 13 letter said that a commitment letter is due this week.

(6) APPEAL NO. 00-077

ACTION: This matter was RESCHEDULED to August 23, 2000 prior to hearing.

SPEAKERS: No

(7) APPEAL NO. 00-109

ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0-1 (Vice President Saunders was absent) to CONTINUE this matter to July 26, 2000, with a status report at that time from the ZA as to whether an expedited variance hearing can be held, and whether the variance application fees can be waived.

SPEAKERS: 1. Isolde Wilson, planner representing the ZA, explained the facts that generated the determination and the appeal. She said the Code was clear and that the proposed bay projected into the front setback area and could not be approved unless a variance was sought and approved. She apologized for the multiple errors in reviewing the plans by the Planning staff. 2. Mark Brady, appellant, explained how Planning had suggested the bay design and had been on the point of approving the plans when they changed their mind and would not return his calls when they disapproved his application. He said the Planning Director had told him to go to the Board. He said he has lost two contractors so far.

There being no further business, President Chin adjourned the meeting at 7:03 p.m.

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Arnold Y.K. Chin, President

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Robert H. Feldman, Executive Secretary

Transcripts of these hearings can be obtained directly from Easteller Bruihl, the Official Court Reporter, (415) 576-0700.