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Meeting Information



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MINUTES OF THE

REGULAR MEETING OF THE SAN FRANCISCO BOARD OF APPEALS

WEDNESDAY, MARCH 8, 2000

5:30 P.M., CITY HALL, ROOM 416

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

 

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

Judith Boyajian, Deputy City Attorney; Lawrence Badiner, Chief of Neighborhood Planning, Planning Department; Laurence Kornfield, Chief Building Inspector, Department of Building Inspection; and Robert Feldman, Executive Secretary for the Board.

ABSENT: Vice-President Sabrina Saunders.

Annette Snyder, 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.

 

  1. COMMISSIONERS COMMENTS AND QUESTIONS.

SPEAKER: Commissioner El Qadah congratulated President Chin and Commissioner McInerney on their being re-appointed for four more years by the Mayor.

 

(3) APPEAL NO. 00-016

WAEL QAHHAZ, Appellant

vs.

TAXICAB COMMISSION, Respondent

[Suspension of six months and two year [probation imposed on December 16, [1999, of driver of public vehicle permit [(JURISDICTION GRANTED JANUARY [26, 2000).

[RESOLUTION NO. 74-99.

[FOR HEARING TODAY.

ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 4-0 (Vice-President Saunders absent) to UPHOLD the Taxicab Commission’s Resolution on CONDITION that the

6 month suspension be reduced to 4 months, with the 2 year probation period unchanged.

SPEAKERS: 1. Thomas Owen, Deputy City Attorney, for the Taxicab Commission, described the incidents with passengers and the failure to have proper waybills that led to the suspension and probation of the appellant. 2. Wael Qahhaz, appellant, told about the incidents from his point of view and said that he never had problems driving and that driving a cab was his life. 3. Sgt. Vince Simpson, Taxicab Detail, San Francisco Police Department, explained the pattern of abusive language present in this case and how it led to the suspension; he also said there have been three complaints against the appellant since the Taxicab Commission action.

 

Items (4A) and (4B) were heard together

(4A) APPEAL NO. 98-136

ALLAN & LORRAINE THOMPSON, Appellants

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT DISAPPROVAL

[Denial on July 15, 1998, of permit to [Demolish a Building at 407 Connecticut [Street.

[APPLICATION NO. 9715365

[FOR FURTHER HEARING TODAY.

(4B) APPEAL NO. 98-137

ALLAN & LORRAINE THOMPSON, Appellants

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT DISAPPROVAL

[Denial on July 15, 1998, of permit to [Erect a Building (two dwelling units) at [407 Connecticut Street.

[APPLICATION NO. 9715364.

[FOR FURTHER HEARING TODAY.

ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0 (Vice-President Saunders absent) to CONTINUE this matter to April 12, 2000.

SPEAKERS: Paul Minton, concerned neighbor, asked the Board to not continue the cases to March 15 since he will be out of town that day and suggested April 12, May 10, 24, or 31.

(5) APPEAL NO. 99-035

LUCINDA HAMPTON, Appellant

vs.

DEPT. BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

[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) at 2234-2236 [Francisco Street.

[APPLICATION NO. 9823286.

[JURISDICTION GRANTED MARCH 18, [1999.

[FOR FURTHER HEARING TODAY.

ACTION: This matter was CONTINUED to April 12, 2000 at the request of the permit holder with the agreement of the appellant.

SPEAKERS: 1. Lawrence Alioto, attorney for appellant, reported that the appellant had filed for a variance application which had been heard last week, but that no decision had been issued by the acting Zoning Administrator; he also said that continuing the case to April 12th would allow for either side to appeal the variance decision and for both cases to be heard at the same time.

 

(6) APPEAL NO. 00-015

CHRONICLE BROADCASTING CO., Appellant

vs.

DEPT. OF PUBLIC WORKS, Respondent

[Protesting issuance on January 13, [2000, to JCDecaux San Francisco, Inc., [permit to install an automatic pay toilet [at the NW corner of Van Ness Avenue [and O’Farrell Street.

[PERMIT NO. 2000PT-001.

[FOR HEARING TODAY.

ACTION: This appeal was WITHDRAWN by the appellant prior to hearing.

SPEAKERS: None.

 

(7) APPEAL NO. 00-018

GARRETT & LORI VAN WAGONER, Appellants

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT DISAPPROVAL

[Denial on February 1, 2000, of permit to [Alter a Building (new bay window at rear [façade first floor and balcony) 3630 [Jackson Street.

[APPLICATION NO. 9909429S.

[FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0 (Vice-President Saunders absent) to RESCHEDULE this case to March 15, 2000.

SPEAKERS: 1. Jeremy Paul, agent for appellant, asked that the case be rescheduled to the next meeting so that all five members could hear it. 2. Tay Via, attorney for the neighbors supporting the denial, agreed to a rescheduling to March 15, 2000.

 

(8) APPEAL NO. 00-011

SAM & HESTER NAKAMURA, Appellants

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

[Protesting issuance on January 11, [2000, to Scott Kalmbach, permit to Alter [a Building (remodel existing home and [rear addition) at 14 Harris Place.

[APPLICATION NO. 9914126S.

[FOR HEARING TODAY.

ACTION: This appeal was WITHDRAWN by the appellants prior to hearing.

SPEAKERS: None.

 

 

 

 

 

 

 

(9) APPEAL NO. 00-012

GREGORY B. BLEDNYH, Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

[Protesting issuance on January 10, [2000, Steve and Koko Fujii, permit to [Alter a Building (interior remodel of [kitchen, bath, bedrooms; replace deck [on north side with solarium; extend [building on west side of second level [approximately four feet) at 181 Edgehill [Way.

[APPLICATION NO. 9713647S.

[FOR HEARING TODAY.

ACTION: Upon motion by President Chin, the Board voted 4-0 (Vice-President Saunders absent) to RESCHEDULE this case to March 15, 2000.

SPEAKERS: 1. Marc Seidenfeld, attorney for appellant, asked that the matter be rescheduled to next week so that all five members could participate. 2. Christopher Moscone, attorney for permit holders, said he would be out of the country next week but that a member of his firm would attend the hearing.

 

 

(10) APPEAL NO. 99-190

TELEGRAPH HILL DWELLERS, Appellant

vs.

ZONING ADMINISTRATOR, Respondent

[Determination by the Zoning Admin- [istrator dated November 12, 1999 that [the proposed restaurant at 412 [Broadway, "BoysToys", does not require [conditional use authorization from the [Planning Commission since the Police [Department does not deem it adult [entertainment, and by the previous [interpretation the size of the restaurant [use has not been abandoned and the [proposed restaurant is a principal [permitted use in the Broadway [Neighborhood Commercial District; also [requests disapproval of Planning [approval of Department of Public Health [restaurant permit.

[FOR HEARING TODAY.

ACTION: Upon motion by President Chin, the Board voted 4-0 (Vice-President Saunders absent) to RESCHEDULE this case to March 15, 2000.

SPEAKERS: 1. Walter Wong, agent for the real party in interest, "BoysToys," asked that the case be rescheduled to a later date so that all five members could participate. 2. Aaron Peskin, agent for appellant, said he was willing to have the hearing tonight with only four members, but he was willing to put it over for five.

 

 

 

 

 

(11) APPEAL NO. V00-010

ALI KHOSTOVAN, Appellant

vs.

ZONING ADMINISTRATOR, Respondent

 

[Denial on December 9, 1999 of Parking [Variance (to add one unit to an existing [five-unit building without providing the [required parking space) at 1133 Hayes [Street (JURISDICTION GRANTED ON [JANUARY 12, 2000).

[VARIANCE CASE NO. 99.613V.

[FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0 (Vice-President Saunders absent) to RESCHEDULE this case to March 15, 2000.

SPEAKERS: 1. Ahmad Mohazab, agent for appellant, requested that the case be rescheduled to a later date because his client couldn’t be present now. 2. Deborah Henderson, a neighbor, asked the Board to improve the notification given to neighbors who had shown interest at the variance hearing.

 

 

There being no further business, President Chin adjourned the meeting at 6:46 p.m.

 

 

_________________________________

Arnold Chin, President

_________________________________

Robert H. Feldman

Executive Secretary


Transcripts of these hearings can be obtained directly from Annette Snyder,
the Official Court Reporter, (415) 362-5991.