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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, MAY 8, 2002
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Arnold Y. K. Chin, Commissioner Carole Cullum, Commissioner Allam el Qadah.
Judith Boyajian, Deputy City Attorney for the City Attorney (DCA); Larry Badiner, Zoning Administrator, Planning Department; Rafael Torres-Gil, Senior Building Inspector, DBI; and Robert Feldman, Executive Secretary for the Board of Appeals; Official Court Reporter, Easteller Bruihl.
ABSENT: Vice President John McInerney, Commissioner Sabrina Saunders.
(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.
Tim Colen of the Edgehill Way Homeowners Association invited the Commissioners to make a site visit to his neighborhood in preparation for the hearing next week for Appeals 02-037 and 02-038 for the properties at 315 and 319 Edgehill Way.
Jeremy Paul requested an earlier hearing for an appeal filed may 8 and scheduled for July 10. The subject property is at 3636 Jackson Street. He said the 45th day from filing is during mid-June. He would accept June 19.
(2) COMMISSIONERS COMMENTS & QUESTIONS:
SPEAKERS: President Chin discussed the possibility of the Board having to suspend its rules regarding times for presentation of testimony for the long agendas until the end of the fiscal year June 30. He asked staff to consider alerting parties about the Board’s ability to suspend its rules under certain circumstances. He explained to the audience that with only three Commissioners present no action could be taken except to continue appeals to later meetings.
(3) ADDENDUM ITEMS: None.
(4) APPEAL NO. 02-031
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DAVID STADTNER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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[355 Fulton Street.
[Appealing denial on March 4, 2002, of Permit to [Alter a Building (correct record to indicate 41 [existing units).
[APPLICATION NO. 2002/03/04/0501.
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 3-0-1 (Vice President McInerney & Commissioner Saunders absent) to continue the matter to May 22, 2002, with the public hearing closed.
SPEAKERS: Laurence Kornfield, CBI, DBI, described the permit history of the building which was apparently built as forty units with a manager’s unit in the basement, not an unusual configuration. Lawrence Badiner, ZA, said he thought that Mr. Kornfield’s analysis was probably correct but that seven permits show it as a 40-unit building, not a 41-unit building. In response to a Board question, Mr. Kornfield said that the recent increase in these kinds of appeals is probably due to the diligence of the housing inspector.
David Stadtner, Appellant, said that the building was constructed in 1926 as forty units plus a manager’s unit, which was routinely done in those days. There are forty-one bathrooms in the building and all the units are studios. The problem here was caused by a clerical error which dropped the manager’s unit by mistake.
No public comment for either side.
(5) APPEAL NO. 02-041
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PAMELA WIGET, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[2195 Green Street.
[Appealing a Notice of Violation dated March 6, [2002, addressed to Pamela Wiget, that the [subject property is being used for overnight [transient hotel accommodations in violation of [Planning Code § 209.2(d).
[FOR HEARING TODAY.
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ACTION: Upon motion by President Chin, the Board voted 3-0-1 (Vice President McInerney & Commissioner Saunders absent) to continue the matter to May 22, 2002, with the public hearing closed.
SPEAKERS: Lawrence Badiner explained that the subject unit is being used as a hotel under Planning Code standards. He said it is operated like a bed and breakfast, but the City realizes no hotel tax from the use as it would from a legal hotel. The room is used as a commercial use and it is not allowed in the residential district. Jeremy Paul, consultant for the appellant, said that the CC &R’s clearly allow this type of use and that the condo owners in the building knew of or should have know of his client’s use of the penthouse room for paying guests. He said that what was needed was specific condition’s imposed that will protect the neighbors from noise or other problems. He said the room being rented is not connected to the unit below and that this is not a bed and breakfast operation since no food is offered or served to occupants. He added that all over the City homeowners rent out rooms by the day, week or month. The Planning Code sets forth conditions under which certain uses can be conducted in residential districts, but there are no lines drawn in the Code for this situation. No hotel tax is paid because the room is just a part of the residential unit.
PUBLIC COMMENT FOR ZONING ADMINISTRATOR:
Greg Scott of the condominium association said the room is a hotel if it is rented for less than a month at a time. He said the pentroom is deeded to the unit but is not a part of it. The room is not a residential use, but rather a business. Bruce Miller, speaking for the neighbors said he lives next to the Sherman House and knows how annoying it can be with the noise even from a legal bed and breakfast. He said guests are frustrated by lack of parking spaces and they have noisy visitors. He is outraged by the Appellant’s use of the pentroom in violation of the Planning Code. Keith Hoang says he lives in Unit 2 and that he is bothered by the fact there is only one staircase and entrance to the building; there is no separate stair and entrance for the pentroom. When he comes home there are strangers waiting to get inside and they insist that he let them in. Also he is concerned with the security issue presented by the guests leaving the front door open while they get baggage from their car. Tom McMahon, an owner of one of the ten condos in the building. He is most concerned with the security issues of having strangers using the pentroom. Also their privacy is compromised as well as the marketability of their units. Judy Blondolillo said she lives in Unit 4 and is concerned about guests with keys to building. She is disturbed by the sound of people bringing luggage up the stairs and bumping the walls. She said all the occupants of the building know each other and the paying guests are obvious and inappropriate. Courtney Clark said she has owned her building at 2175 Green Street since 1983. She did a history of the subject building when it was condo’d and there was an agreement that the top room would not be used as a unit, just as space for a hot tub for the owners of the top unit. It was never to be an occupied room. Elizabeth Hills one of the owners said she brought her unit as an investment and the commercial use of the pentroom reduces the value of her unit. James Milway said he lives in the adjacent building just ten feet from the pentroom’s deck and his privacy is bothered because there are strangers looking into his bedroom from the Appellant’s desk. Julie Riegal said she gets calls from other units complaining about noise and traffic caused by guests. And the building’s fire insurance is jeopardized.
PUBLIC COMMENT FOR APPELLANT:
Elsie Schmidt said that the problems could all be worked out if the people could get together. She thinks the operation needs conditions or regulations under which to operate so that the other condo owners and the neighbors won’t be bothered by the guests. A code of Standards is needed. Jean Perry said she is a friend of the Appellant and an innkeeper on Green Street. The Appellant calls on her to take guests that she can’t accommodate. She thinks the Appellant is a wonderful person. The condo owners are seeking revenge against the Appellant. Tammy Anderson, a property manager and a friend of the Appellant, said he has staying in the room many times and at no charge. He has been let into the building many times and has attended many dinner parties there. Bruce Adams, a friend of the Appellant, said that he and his wife have stayed in the room many times at no charge and that there is no evidence of any service being provided to guests, not even coffee. It is just a room. They even cleaned the room themselves. He thought the stair problem is common in the City. If unit were to be rented to a family with children the noise could be far worse that that created by guests. Diana Akins Hausmann said that the appellant sent her people looking for a real bed and breakfast. She has come to dinner parties and it was clear that the Appellant was concerned about not disturbing the neighbors or other condo owners. Dennis Beckman said he has a store nearby and he supports the Appellant and the current use of the room.
(6) APPEAL NO. 02-057
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LORENZO BOELITZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[3782 – 21st Street.
[Protesting issuance on March 22, 2002, to [Laurie Gottlieb, Permit to Alter a Building [(fence, gate, planters, replace roof with new [configuration over porch).
[APPLICATION NO. 2001/02/27/3033.
[FOR HEARING TODAY.
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ACTION: This matter was withdrawn by the appellant prior to hearing.
SPEAKERS: None.
There being no further business, President Chin adjourned the meeting at 6:17 p.m.
_______________________ _________________________________
Arnold Y. K. Chin, President Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Esteller Bruihl, the Official Court Reporter, Telephone 576-0700.
