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Meeting Information



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MINUTES OF THE REGULAR MEETING OF THE
SAN FRANCISCO BOARD OF APPEALS

WEDNESDAY, SEPTEMBER 27, 2000
5:30 P.M., CITY HALL, ROOM 416
1 DR. CARLTON B. GOODLETT PLACE
(FORMERLY 301 POLK STREET)

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

Larry Badiner, Zoning Administrator; Sean McNulty, Chief Building Inspector, Department of Building Inspection; Laurence Kornfield, Chief Building Inspector, Department of Building Inspection; Tom Owen, Deputy City Attorney representing the Taxicab Commission; and Sgt. Simpson of the Police Department’s Taxi Detail, also representing the Taxicab Commission.

ABSENT: Vice President Saunders; Judith Boyajian, Deputy City Attorney; 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.

SPEAKER: Barry Taranto urged the Board to uphold the medallion revocations issued by the Taxicab Commission.

(2) COMMISSIONERS COMMENTS AND QUESTIONS.

SPEAKERS: 1. President Chin apologized for the absence of Vice President Saunders and asked that Board members request transcripts of hearings through him. 2. Commissioner McInerney thanked the staff for their help during Mr. Feldman’s absence.

(3) MATTERS FOR CONSIDERATION AND OTHER CORRESPONDENCE:

REQUESTS FOR REHEARING:

ITEM A: Revocation of Taxicab Medallion No. 942. Letter from Cindy Lee, attorney for Matthew Wong, appellant requesting rehearing of Appeal No. 00-036, heard July 12, 2000. Upon motion by Commissioner Cullum, the Board voted 2-3 (President Chin, Vice President Saunders and Commissioner El Qadah dissented) to UPHOLD the revocation. Four votes being necessary to overturn any departmental action, the Taxicab Commission’s decision to revoke the appellant’s medallion was UPHELD.

ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Saunders absent) to RESCHEDULE the matter to November 15, 2000.

 

SPEAKERS: 1. Cindy Lee, attorney for appellant, requested a rescheduling to November 15th so her client could take advantage of a full Board. 2. Tom Owen, Deputy City Attorney representing the Taxicab Commission, agreed to the rescheduling.

ITEM B: 1050 - 17th Street. Letter from Sue C. Hestor, attorney for Committee for Jobs Arts and Housing, appellant requesting rehearing of Appeal No. 00-119, heard September 6, 2000. Upon motion by Commissioner McInerney, the Board voted 4-0-1 (Commissioner Cullum absent) to GRANT the subject site permit for 19 live/work units.

ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0-1 (Vice President Saunders absent) to RESCHEDULE the matter to October 4, 2000, and for it to be placed on the calendar as Item 3A.

 

SPEAKERS: 1. Alice Barkley, attorney for the permit holder, agreed to the rescheduling of the matter. 2. Sue Hestor, attorney for the appellant, was not present.

REQUEST FOR JURISDICTION BEYOND FIFTEEN-DAY APPEAL PERIOD:

ITEM C: 347 Guttenberg Street. Letter from Dolores Salomon requesting that the Board take jurisdiction over Building Permit Application No. 9702930S issued to William DeMartini to erect a two-story single-family dwelling.

Date issued July 18, 2000

Last day to appeal August 2, 2000

Request for jurisdiction September 6, 2000

ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0-1 (Vice President Saunders absent) to GRANT jurisdiction thus creating a new 15-day appeal period, and for the substantive appeal to be scheduled for hearing three weeks from the date of filing.

 

SPEAKERS: 1. Dolores Salomon, requestor, urged the Board to grant her a new 15-day appeal period because of defects in the posting of the building permit application. 2. William DeMartini, permit holder, asked the Board to deny jurisdiction so his project could continue without delay.

(4) APPEAL NO. 00-127

FRED ARKEDER, Appellant

vs.

TAXICAB COMMISSION, Respondent

[Revocation on August 1 2000, of [Taxicab Medallion #712.

[RESOLUTION NO. 2000-62.

[FOR HEARING TODAY.

ACTION: Upon motion by Commissioner Cullum, the Board voted 4-0-1 (Vice President Saunders absent) to RESCHEDULE the matter to November 15, 2000.

 

SPEAKERS: 1. Geoffrey Rotwein, attorney for appellant, asked that the matter be rescheduled to November 15th so his client could take advantage of a full Board. 2. Tom Owen, Deputy City Attorney representing the Taxicab Commission, agreed to the rescheduling.

(5) APPEAL NO. 99-073

FRANK DAIJO, Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

[470 - 25th Avenue.

[Protesting issuance on April 22, 1999, to [Hugo Villavicencio, permit to Alter a [Building (replace kitchen cabinets, sink, [countertops, linoleum floor, window; [replace bathroom tub, sink, cabinets, [tile floor, repaint and repair floors).

[APPLICATION NO. 9907772.

[FOR REHEARING TODAY.

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

Items (6A) and (6B) were heard together

(6A) APPEAL NO. 00-125

ELIZABETH W. MOORE, Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

[479 Prentiss Street.

[Protesting issuance on July 19, 2000, to [Joseph Tan, permit to Demolish a [Building (single-family dwelling).

[APPLICATION NO. 9923023.

[FOR HEARING TODAY.

(6B) APPEAL NO. 00-126

ELIZABETH W. MOORE, Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

[479 Prentiss Street.

[Protesting issuance on July 19, 2000, to [Joseph Tan, permit to Erect a Building [(three-story single family dwelling).

[APPLICATION NO. 9923022S.

[FOR HEARING TODAY.

ACTION: The matters were WITHDRAWN by the appellant prior to hearing.

(7) APPEAL NO. 00-090

HAYES VALLEY PROPERTIES, Appellant

vs.

ZONING ADMINISTRATOR, Respondent

[529 Hayes Street.

[Notice of Violation issued by the Zoning [Administrator dated June 6, 2000, [requiring that Hayes Valley Properties [immediately eliminate the advertising [office use on the ground floor, and [provide documentation that the violation [has been abated within 15 days from [the date of the Notice, under Planning [Code Sections 790.106 and 790.108.

[FOR HEARING TODAY.

ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Vice President Saunders absent) to RESCHEDULE the matter to October 25, 2000.

SPEAKERS: 1. Matthew Kessler, agent for appellant, requested the rescheduling because he wanted more time to prepare for the hearing. 2. Larry Badiner, ZA, agreed to the rescheduling.

There being no further business, President Chin adjourned the meeting at 6:35 p.m.

_________________________________

Arnold Y.K. Chin, President

_________________________________

Robert H. Feldman, Executive Secretary

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