BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, AUGUST 22, 2001
5:30 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Arnold Chin, Vice President Sabrina Saunders, Commissioner Carole Cullum, Commissioner Allam El Qadah, AND Commissioner John McInerney.
Judith Boyajian, Deputy City Attorney, Office of the City Attorney (DCA, OCA); Larry Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); 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.
(2)COMMISSIONERS COMMENTS AND QUESTIONS.
SPEAKERS: 1. President Chin asked Board staff to calendar a discussion of the lawsuit by the City Attorney against the Board concerning the R.A.M. Development case at 696 Pennsylvania Avenue. 2. Commissioner McInerney concurred with the comments of the President.
(3)MATTERS FOR CONSIDERATION AND OTHER CORRESPONDENCE:
REQUEST FOR JURISDICTION:
ITEM A: 310 Corbett Avenue, #3. Letter from Graham Bell, requesting that the Board take jurisdiction over Building Permit Application No. 2001/04/27/7889 issued to Michael Majoulet for converting an illegal apartment into storage. PUBLIC TESTIMONY HEARD JUNE 13 & 20, 2001. FOR FURTHER CONSIDERATION TODAY.
Date issued April 27, 2001
Last day to appeal May 14, 2001
Request for jurisdiction May 31, 2001
ACTION: Upon motion by Commissioner McInerney, the Board voted 5-0 to DENY the request for jurisdiction.
SPEAKERS: 1. Steven C. Williams, attorney for the permit holder, informed the Board about the negotiations with the requestor, and asked the Board to deny jurisdiction. 2. Michael Majoulet, permit holder, also asked the Board to deny jurisdiction. Note: Graham Bell, requestor, was not present when the item was called, but did show up later when the President informed him of what action the Board had taken.
REQUEST TO SET ASIDE BOARD RULES:
ITEM B: 575 Miramar Avenue. Appeal 01-066. Request from Patricia McColm, Appellant, dated July 22, 2001, that the Board set aside its rules and allow for consideration of a second request for rehearing. On May 23, 2001, upon motion by Commissioner McInerney, the Board voted 5-0 to UPHOLD the subject permit. On July 11, 2001, upon motion by Commissioner McInerney, the Board voted 5-0 to DENY the request for rehearing. Permit Holder: Marc Balistreri.
ACTION: Upon motion by President Chin, the Board voted 5-0 to DENY the request to set aside the rules.
SPEAKERS: 1. Patricia McColm, requestor/appellant, outlined her reasons for her request. 2. Marc Balistreri, permit holder, asked the Board to deny the request.
REQUEST FOR REHEARING:
ITEM C: 1592-1594 Golden Gate Avenue. Letter from Alice R. Lane, conservator for Elizabeth Jamerson, appellant, requesting rehearing of Appeal No. 00-181 heard on February 28, 2001. Upon motion by Commissioner McInerney, the Board voted 2-2 (President Chin and Commissioner El Qadah dissented, Vice President Saunders absent) to UPHOLD the Zoning Administrator’s determination that there was sufficient evidence to constitute clear intent on the part of the owner to abandon the Limited Commercial Use for the subject property. Four votes are needed to overrule and the determination was UPHELD.
ACTION: Upon motion by Commissioner McInerney, the Board 2-3 (President Chin, Vice President Saunders & Commissioner El Qadah dissented) to deny the request for rehearing. Four votes being necessary to grant a rehearing, the motion PASSED and the request for rehearing was DENIED.
SPEAKERS: 1. William Balin, attorney for the requestor/appellant, stated the reasons as to why he believed a rehearing was appropriate in this matter. 2. Larry Badiner, ZA, asked the Board to deny the request for rehearing.
REQUEST FOR JURISDICTION:
ITEM D: 1370 Sloat Boulevard. Letter from Joe Muhawieh, requesting that the Board take jurisdiction over Building Permit Application No. 2001/03/14/4273S. Permit Holder: Igor Stein.
Date Permit Issued: July 23, 2001
Last Day to Appeal: August 7, 2001
Date Jurisdiction Request Received: August 8, 2001
ACTION: Upon motion by Commissioner McInerney, the Board voted 5-0 to DENY the request for jurisdiction.
SPEAKERS: 1. Joe Muhawieh, requestor, asked the Board to take jurisdiction over the subject permit based on his miscalculation of the start date for the appeal period. 2. Igor Stein, permit holder, asked the Board to deny the request for jurisdiction.
Items (4A) Through (4D) Were Heard Together
(4A)APPEAL NO. 01-109
ACTION: Upon motion by Commissioner McInerney, the Board voted 4-1 (President Chin dissented) to REVOKE both permits.
SPEAKERS: 1. Robert McCarthy, attorney for appellants Cooper & Kirkham, outlined the reasons for the appeals. 2. Tracy Kirkham, co-appellant, urged the Board to revoke the permits. 3. Alan Kuhn, co-appellant, also asked the Board to revoke both permits. 4. Timothy Moppin, attorney for appellant Kuhn, reiterated his client’s request that the permits be revoked. 5. Steve Atkinson, attorney for the permit holders, urged the board to deny the appeals.
6. Nan Roth, co-permit holder, asked the Board to uphold her permits. 7. Larry Badiner, ZA, answered questions from the Board.
