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MINUTES OF THE REGULAR MEETING OF THE
SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, MAY 2, 2001
5:30 P.M., CITY HALL, ROOM 416
1 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 (DCA); Larry Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (SBI, DBI); and Robert Feldman, Executive Secretary for the Board.
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.
(2)COMMISSIONERS COMMENTS AND QUESTIONS.
SPEAKERS: 1. Commissioner McInerney said that the document submitted at the last meeting purporting to limit his participation in a matter involving the firm of Ruben & Alter was a non-binding report of a committee of the State Bar. 2. President Chin reported watching the Finance Committee on television and thanked Ms. Boyajian for recommending to the Committee that there be no appeal from the decisions of the Director of Planning to the Board of Appeals.
(3)APPEAL NO. 00-212
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MYRA HOM SHORT, Appellant
DEPARTMENT OF PUBLIC WORKS, Respondent
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[653 Irving Street.
[Denial on October 27, 2000, of permit to [Remove and Replace One Tree.
[ORDER NO. 172,618.
[FOR REHEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Cullum absent) to RESCHEDULE the rehearing to May 30, 2001.
SPEAKERS: 1. PInky Cushner read two letters supporting the Department into the record and said she wants the tree saved because the neighborhood needs big trees and this one can be pruned sensitively and saved.
2. Milton Marks III, a Friend of the Urban Forest, said he objects to the removal of any trees and it is important to recognize the significance of trees which have been proven to be helpful in attracting customers to businesses.
(4)APPEAL NO. 01-056
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ERIN DAY & SCOTT LARRIMER, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[4616-4618 - 18th Street.
[Denial on March 21, 2001, of permit to Alter [a Building (remove upper unit kitchen and [replace with bathroom; bathroom remodel [in upper and lower units; combine two [entryways and replace with double door; [install new windows in upper unit; merges [two units into one).
[APPLICATION NO. 2000/0/11/0100.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Cullum absent) to OVERRULE the subject denial and GRANT the permit.
SPEAKERS: 1. Erin Day, co-appellant, asked the Board to go forward with the hearing even though there were only four members present, for the reason her supporters were present. 2. Larry Badiner, ZA, explained the Planning Commission’s policy regarding merger of dwelling units and why the Commission denied this application which had been filed prior to the adoption of the new policy. He said the City does not protect people’s expectations. 3. Erin Day, co-appellant, explained why she and her husband wanted to merge the two units and the chronology of events leading up to the denial of their application. No Public Comment for the ZA. Public Comment for the Appellants: 4. Gustavo Serina, corresponding secretary of the Eureka Valley Improvement Association (EVIA), said his group supported the appellants for many reasons and that the appellants had purchased the building in good faith and that there was no opposition to their application. 5. Pauline Shaver, a member of the EVIA said she supports the appellants and that the Planning Commission’s action was arbitrary. 6. Herb Cohn, also a member of the EVIA and a local merchant group of the Upper Market and Castro, said it was a case of bad timing and that he supported the appellants. 7. Judith Hoyem said the housing crisis affects families since multi-bedroom homes are hard to find at affordable prices and that the Planning Commission has been unfair to the appellants. 8. Michael Babbitt said he was a neighbor and that it will be great to have them in the neighborhood.
(5)APPEAL NO. 01-019
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THE RANDALL STREET NEIGHBORHOOD, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[178 Randall Street.
[Protesting issuance on January 10, 2001, to [Elena Asturias, permit to Alter a Building [(garage addition, new front steps, enlarge [and remodel existing in-law apartment, lift [building from 23’-2" to 27’-8").
[APPLICATION NO. 9418782S.
[FOR HEARING TODAY.
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ACTION: This matter was WITHDRAWN by the appellant prior to hearing.
(6)APPEAL NO. 00-234
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ROBERT & HARUMI TAI, Appellants
ZONING ADMINISTRATOR, Respondent
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[5 Freelon Street.
[Zoning Administrator determination dated [November 7, 2000, that no evidence has [been established that demonstrates an [official change in use of the property from ["industrial" to "office" as a principal use; and [any current or future attempt to occupy the [subject property as "office" use would be [considered a violation of the Planning Code.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Cullum absent) to OVERRULE the subject determination with FINDINGS to be submitted by the appellants’ attorney at a later time.
SPEAKERS: 1. Larry Badiner, ZA, said the office use was not legal because there were no permits for the conversion to office use. 2. Laurence Kornfield, CBI, DBI, explained the Building Code classifications for warehouse and office and how they had been the same until recently, so there wouldn’t have been the need for a change in use permits in 1977. 3. Alice Barkley, attorney for appellants, explained the evidence and that the space is lawful office space based on the electrical and sprinkler permits from 1977, otherwise there is nothing in the record that supports a determination that the lawful use is not office use. Public Comment for the ZA:
4. Sue Hestor, attorney for San Franciscans for Reasonable Growth, said that the best records as to use were the Assessor’s and that the appellants had not submitted such to the Board. Public Comment for the Appellant:
5. Richard Johnson of Grubb & Ellis said that he supports the appellants.
(7) APPEAL NO. 01-035
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ROBERT HEYMANN, dba "NATIONAL RENTAL CAR", Appellant
ZONING ADMINISTRATOR, Respondent
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[1600 Mission Street.
[Zoning Administrator determination dated [January 23, 2001 that a Police Permit [Application Zoning Referral for a Driverless [Auto Rental business is recommended for [disapproval for failure to meet various [policies and objectives of the Planning Code [and to resolve the issues raised.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Cullum absent) to RESCHEDULE the matter to June 13, 2001.
SPEAKERS: 1. Brett Gladstone, attorney for the appellant, asked the Board for a one-month continuance so that his client could work on the compliance issues. 2. Larry Badiner, ZA, objected to the continuance request, and noted that the appellant has not been doing everything he could to comply with the Planning Code, and that various safety issues remain unresolved like the existence of soapy water on the public sidewalk.
(8) APPEAL NO. 01-057
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SAN FRANCISCANS FOR REASONABLE GROWTH, Appellant
ZONING ADMINISTRATOR, Respondent
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[945 Bryant Street.
[Zoning Administrator determination dated [March 9, 2001 addressed to Steve Atkinson [of Baker & McKenzie concerning the [property owned by Bryant Springs LLC, that [the proposed new tenant, eTranslate, Inc. is [similar to the former tenant Pets.com which [was considered by the Planning Department [in 1999 to be a business service and not an [office use and that eTranslate also is [deemed a business service use allowed in [the Service, Light Industrial Zone and the [Industrial Protection Zone
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Cullum absent) to UPHOLD the subject determination with FINDINGS prepared and revised by the Determination Holder’s attorneys.
SPEAKERS: 1. Larry Badiner, ZA, explained the genesis of this determination and how he had followed the decision of his predecessor Mary Gallagher. 2. Sue Hestor, attorney for the appellant, said the file had no evidence upon which the ZA could have based his determination, e.g., plans or photos and that 24% of the building is used for offices. She said under the definition of office use in the Planning Code this was office use for which $400,000.00 should be paid by the project sponsor to the City’s affordable housing fund since it was more than 25,000 square feet of office space and that she was sure the owner is charging office-type rental fees and not warehouse rental fees. 3. Tim Tosta, attorney for the property owner, said this is a business service use as was Sectorbase and he could use the same exhibits he had used in that hearing when the Board had upheld the similar use as business service and not as office use. He outlined the history of high tech businesses in the City and its growth after the enactment of Prop M in 1986 by the voters. Public Comment for the ZA: 4. Alice Barkley said that every business has sales and marketing divisions and their presence in this building did not make the building office space and that this is lawful NCU space in the SLI District.
There being no further business, President Chin adjourned the meeting at 8:09 p.m.
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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
