2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 MINUTES OF SPECIAL MEETING OF THE S.F. BOARD OF APPEALS
WEDNESDAY, DECEMBER 20, 2000
5:00 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, and Commissioner John McInerney.
Judith Boyajian, Deputy City Attorney (DCA); Lawrence Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); and Linda Avery, Acting Executive Secretary.
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: None.
- COMMISSIONERS COMMENTS AND QUESTIONS.
SPEAKERS: 1. President Chin wished everyone a happy holiday and apologized for scheduling the special meeting. He also comment on Linda Avery’s appointment as interim Executive Secretary and the newspaper article alleging preferential treatment for certain developers that appear before the Board. 2. Vice President Saunders supported President Chin’s decision to appoint Linda Avery.
(3) APPEAL NO. 00-102
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PLANNING ASSOCIATION OF DIVISADERO ST., Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[537 Divisadero Street.
[Protesting issuance on June 21, 2000, to [Howard A. Cooper, permit to Alter a Building [(install new awning).
[APPLICATION NO. 2000/06/21/3277.
[FOR REHEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 4-1 (President Chin dissented) to UPHOLD the department and GRANT the permit.
SPEAKERS: 1. Patricia Vaughey, representing the appellant urged the Board to follow the design of the other legal awnings in the neighborhood. 2. Thomas Chan, attorney for permit holder said that a restriction on the lettering would conflict with his client’s constitutional right of free speech and urged the Board to uphold the permit. 3. Lawrence Badiner (ZA) explained the differences between this appeal and a laundromat appeal on 23rd Street. 4. Judith Boyajian (DCA) advised the Board that the issues are the lettering size and its compatibility with the neighborhood character.
(4) APPEAL NO. 00-217
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TODD & MARTINA FAHRNER, Appellants
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[358 San Carlos Street.
[Denial on November 8, 2000, of permit [to [Alter a Building (convert existing vacant [three-unit dwelling into a single family [dwelling with new single parking space at [existing first floor; overall interior remodel as [noted on plans).
[APPLICATION NO. 2000/06/07/2064S.
[PUBLIC HEARING CLOSED AFTER
[TESTIMONY DECEMBER 6, 2000.
[FOR FURTHER CONSIDERATION
[TODAY.
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ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 5-0 to OVERRULE the department and GRANT the permit.
SPEAKERS: 1. Jeremy Paul, agent for the appellants presented the history of the building and urged the Board to grant the permit. 2. Lawrence Badiner (ZA) stated that the Planning Commission was concerned about the loss of rental housing. 3. Laurence Kornfield (CBI, DBI) reported on the site inspection conducted that morning and concluded that the building was constructed as a single-family dwelling. 4. Andrew Zacks, attorney for appellants explained the Ellis Act and urged the Board to grant the permit. 5. Judith Boyajian (DCA) advised the Board of the Board of Ellis Act amendments and how it affects the housing market. Public Comment for the Appellants: 6. Richard Hood stated that he is in favor of the alterations planned by the appellants which includes providing off-street parking. 7. Steve Owling stated that the prior renovations by other neighbors and those planned by the appellants would benefit the area.
(5) APPEAL NO. 00-167
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SALVATORE & SHIRLEY VERNALE, Appellants
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[952 DeHaro Street.
[Protesting issuance on September 25, [2000, to Raymond Chan, permit to Alter a [Building (interior partition work; remodel [baths and kitchen; minor exterior front [elevation change; structural and room [framing under separate addendum permit).
[APPLICATION NO. 2000/09/26/1572.
[PUBLIC HEARING CLOSED AFTER
[TESTIMONY DECEMBER 6, 2000.
[FOR FURTHER CONSIDERATION
[TODAY.
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ACTION: Upon motion by President Chin, the Board voted 5-0 to CONTINUE the matter to January 10, 2001 for submission of revised plans.
SPEAKERS: 1. Jeremy Paul, agent for permit holder requested a further continuance to prepare revised plans. 2. Robert Daniels, representative for appellants agreed to continue the matter to a later date.
Items (6A) through (6K) were heard together
(6A) APPEAL NO. 00-170
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[555 - 4th Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (12 live/work units).
[APPLICATION NO. 9825950S.
[FOR HEARING TODAY.
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(6B) APPEAL NO. 00-171
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[48 Zoe Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (18 live/work units).
[APPLICATION NO. 9825944S.
[FOR HEARING TODAY.
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(6C) APPEAL NO. 00-172
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[25 Welsh Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (16 live/work units).
[APPLICATION NO. 9825945S.
[FOR HEARING TODAY.
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(6D) APPEAL NO. 00-173
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[35 Welsh Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (16 live/work units).
[APPLICATION NO. 9825946S.
[FOR HEARING TODAY.
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(6E) APPEAL NO. 00-174
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[55 Welsh Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (18 live/work units).
[APPLICATION NO. 9825947S.
[FOR HEARING TODAY.
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(6F) APPEAL NO. 00-175
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[75 Welsh Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (16 live/work units).
[APPLICATION NO. 9825948S.
[FOR HEARING TODAY.
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(6G) APPEAL NO. 00-176
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[545 - 4th Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (12 live/work units).
[APPLICATION NO. 9825949S.
[FOR HEARING TODAY.
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(6H) APPEAL NO. 00-177
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[88 Freelon Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (16 live/work units).
[APPLICATION NO. 9825951S.
[FOR HEARING TODAY.
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(6I) APPEAL NO. 00-178
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[48 Freelon Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (18 live/work units).
[APPLICATION NO. 9825952S.
[FOR HEARING TODAY.
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(6J) APPEAL NO. 00-179
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[28 Freelon Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (16 live/work units).
[APPLICATION NO. 9825953S.
[FOR HEARING TODAY.
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(6K) APPEAL NO. 00-180
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
|
[18 Freelon Street.
[Protesting issuance on September 26, [2000, to 557 - 4th Street LLC, permit to [Erect a Building (14 live/work units).
[APPLICATION NO. 9825954S.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 4-0 to RECUSE Commissioner McInerney, who left the room at 6:21 p.m. The Acting Executive Secretary polled the Board on whether they had reviewed and considered the environmental review document and all answered "Aye." Afterwards, upon motion by Commissioner El Qadah, the Board voted 3-1 (Commissioner Cullum dissented, Commissioner McInerney recused) to UPHOLD the department and GRANT the permit.
SPEAKERS: 1. Sue Hestor, attorney for appellant enumerated several live/work projects that have been converted to office use. 2. Alice Barkley, attorney for permit holder stated that the appellant had not presented any evidence that the approval by the Planning Commission was unlawful or arbitrary and that the project complies with all applicable Planning and Building Codes. 3. Lawrence Badiner (ZA) said the project complies with the Notice of Special Restrictions and the intent of the Planning Commission. 4. Joe Cassidy, project sponsor stated has never put an office tenant in a live/work project and has rented all of his buildings legally.
Public Comment for the Permit Holder: 5. Joe O’Donoghue disputed the testimony of the attorney for the appellant.
There being no further business, President Chin adjourned the meeting at 7:03 p.m.
___________________________________
Arnold Y.K. Chin, President
___________________________________
Linda D. Avery, Acting Executive Secretary
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter, (415) 576-0700.
