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MINUTES OF THE
REGULAR MEETING OF THE SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, JANUARY 17, 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); Lawrence Badiner, Zoning Administrator (ZA); Sean McNulty, Chief Building Inspector, Department of Building Inspection (CBI, DBI); and Linda Avery, Acting Executive Secretary.
(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)ELECTION OF OFFICERS.
ACTION: Upon motion by Commissioner El Qadah, the Board voted 5-0 to RE-ELECT Arnold Chin as President and Sabrina Saunders as Vice President.
(3)COMMISSIONERS COMMENTS AND QUESTIONS.
SPEAKERS: 1. President Chin invited the other Commissioners to the Chinese New Year Parade. 2. Judith Boyajian, Deputy City attorney advised the Board that the City Attorney has received President Chin’s letter concerning alleged conflicts of interest.
(4)APPEAL NO. 99-035
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LUCINDA HAMPTON, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2234-2236 Francisco Street.
[Protesting issuance on November 12, 1998, [to John and Evelyn Schiappacasse, permit [to Alter a Building (remove walls to provide [parking spaces and remove daycare facility).
[APPLICATION NO. 9823286.
[JURISDICTION GRANTED MARCH 18, [1999.
[FOR FURTHER HEARING TODAY.
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ACTION: WITHDRAWN prior to hearing by Lawrence Alioto, attorney for appellant.
(5)APPEAL NO. 00-163
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WILBERT L. & JODI FREEMAN, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
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[180 Leland Avenue.
[Protesting issuance on September 16, [2000, to Donald W. Wong, permit to Alter a [Building (remove illegal unit including [kitchen, bath, two non-bearing interior walls; [rearrange existing bath and kitchen).
[APPLICATION NO. 2000/09/16/0731)
[PUBLIC HEARING HELD AND CLOSED [NOVEMBER 15, 2000.
[FOR FURTHER CONSIDERATION TODAY.
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ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 5-0 to UPHOLD the department and GRANT the permit with CONDITIONS: 1. Suspend action on that part of the permit that relates to the area of the building occupied by the appellants until the earlier of March 31, 2001 or the time the appellants vacate the premises. 2. Construction can continue on the unoccupied portions of the building during daylight business hours.
SPEAKERS: 1. Sean McNulty (CBI, DBI) reported on the visual inspection conducted by Laurence Kornfield (CBI, DBI) and stated that the work appears to meet the Building Code, although permits were not issued for all of the alterations; that the building has been poorly maintained; and the building could be developed into two dwelling units. 2. Lawrence Badiner (ZA) said that the project appears to meet Planning Code requirements. 3. Suzanne Yee, attorney for permit holder urged the Board to uphold the permit. 4. Ken Lee, architect for permit holder reported that he has prepared plans that will bring the building up to code for two dwelling units. 5. Wilbert Freeman, appellant requested more time to find a new home and relocation money.
(6)APPEAL NO. V00-010
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ALI KHOSTOVAN, Appellant
ZONING ADMINISTRATOR, Respondent
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[1133 Hayes Street.
[Denial on December 9, 1999 of Parking [Variance (to add one unit to an existing five-[unit building without providing the required [parking space).
[(JURISDICTION GRANTED ON JANUARY [12, 2000).
[VARIANCE CASE NO. 99.613V.
[FOR FURTHER HEARING TODAY.
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ACTION: After discussion, upon motion by President Chin, the Board voted 5-0 to CONTINUE the matter to March 28, 2001 with the direction that the Zoning Administrator assists in resolving the issues.
SPEAKERS: 1. Amad Mohazab, architect appellant reported he did not have a parking agreement and requested more time to negotiate with the neighbors.
Items (7A) and (7B) were heard together
(7A)APPEAL NO. 00-088
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IRON WORKS LOFT VENTURES, INC., Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[1201 Harrison Street.
[Protesting issuance on May 23, 2000, to [Equilon Enterprises, LLC, permit to [Demolish a Building (food mart and [gasoline fueling facility).
[APPLICATION NO. 9923713.
[FOR HEARING TODAY.
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(7B)APPEAL NO. 00-089
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IRON WORKS LOFT VENTURES, INC., Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[1201 Harrison Street.
[Protesting issuance on May 23, 2000, to [Equilon Enterprises, LLC, permit to Erect a [Building (car wash, retail sales/food mart).
[APPLICATION NO. 9919529.
[FOR HEARING TODAY.
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ACTION: WITHDRAWN prior to hearing by Alice Barkley, attorney for appellant.
(8)APPEAL NO. 00-200
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KAREN SNELL, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[112 Buena Vista Terrace.
[Protesting issuance on October 13, 2000, to [Jose Cisneros, permit to Alter a Building [(horizontal addition to existing garage and [second floor; new vertical two-story [addition).
[APPLICATION NO. 2000/04/25/8122S).
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 5-0 to UPHOLD the department and GRANT the permit with the following CONDITIONS: 1. The back stairs be removed and replaced with a jomy ladder. 2. If there are any windows within three feet of the property line that the project sponsor record the notices required under Building Code Section 5A. 3. As long as the vertical additions are set back, the property line windows can remain uncovered.
SPEAKERS: 1. Raymond McGrath, appellant’s husband expressed concern about the proposed back staircase blocking the light and air to the appellant’s garden; he stated that if the appellants extended their building, the second floor windows of the project sponsor would be covered, and requested that the setbacks, height restrictions, the back staircase and the status of second floor windows be recorded in a Notice of Special Restrictions. 2. Mark Brand, architect for permit holder agreed to the conditions requested by the appellants. 3. Sean McNulty (CBI, DBI) said that a jomy ladder could be approved for the project. Public Comment in Support of Appellant: 4. Joe O’Donoghue urged the Board to make the conditions requested by the appellant be recorded as part of a deed restriction.
(9)APPEAL NO. 00-202
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THOMAS & MARTINA MURPHY, Appellants
ZONING ADMINISTRATOR, Respondent
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[598 Hampshire Street.
[Appeal of Notice of Alleged Violation of [Planning Code Sections 222, 233(a) and [233(b) dated October 13, 2000 (property [constructed as a live/work project is being [used as office space without benefit of a [building permit authorizing change in use).
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 5-0 to DISMISS the matter due to lack of jurisdiction and that the appeal fee be refunded to the appellant.
SPEAKER: Lawrence Badiner (ZA) acknowledged that the Board does not have jurisdiction over a request for information and that the matter is not ready for appeal.
(10)APPEAL NO. 00-201
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AMERICAN INDUSTRIAL CENTER, Appellant
ZONING ADMINISTRATOR, Respondent
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[2345 Third Street.
[Determination dated October 16, 2000 that [a perspective tenant, Michael Patrick [Partners, Inc., a 16-person company that [offers corporate identity and branding to a [variety of clientele, is an "office" use under [the Planning Code, which is a principally [permitted use within a M-2 (Heavy [Industrial) zoning district; and that due to [the Investigation of alleged violation of [Planning Code 321, unauthorized creation of [an office development, the Planning [Department will not be able to immediately [approve a building permit for "office" use.
[FOR HEARING TODAY.
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ACTION: WITHDRAWN prior to hearing by Andrew Junius, attorney for appellant.
There being no further business, President Chin adjourned the meeting at 7:00 p.m.
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Arnold Y.K. Chin, President
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Linda D. Avery, Acting Executive Secretary
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter, (415) 576-0700.
