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MINUTES OF THE REGULAR MEETING OF THE
SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, OCTOBER 25, 2000
5:30 P.M., CITY HALL, ROOM 416
1 DR. CARLTON B. GOODLETT PLACE (FORMERLY 301 POLK STREET)
PRESENT: Vice President Sabrina Saunders, Commissioner Carole Cullum, Commissioner Allam El Qadah, and Commissioner John McInerney.
Judith Boyajian, Deputy City Attorney (DCA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI); Isolde Wilson representing the Zoning Administrator and the Planning Department; and Sgt. William Coggan of the Police Department’s Legal Division (PDLD).
ABSENT: President Arnold Chin; Lawrence Badiner, Zoning Administrator; 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: Chip Gibbons commented on the Chat Café case and urged the Board to enforce the current Planning Code and retract the stay of enforcement given to Chat Café concerning the illegal awning and the illegal placement of tables and chairs on the sidewalk. He also noted that Supervisor Leno’s office has not proposed any legislation to help Chat Café with their permit problems.
(2)COMMISSIONERS COMMENTS AND QUESTIONS.
SPEAKER: Commissioner Cullum thanked the Board staff for their hard work during this marathon run of meetings, and promised to help the Board return to a more normal pace of meetings next year.
(3)APPEAL NO. 00-123
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ELIZABETH MITSKEVICH, Appellant
POLICE DEPARTMENT, Respondent
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[600 Townsend Street.
[Denial on July 17, 2000, of Pushcart [Peddler permit.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner Cullum, the Board voted 4-0-1 (President Chin absent) to OVERRULE the Police Department and GRANT the subject permit on CONDITION that the pushcart be placed in front of parking meter no. 668, on CONDITION that the lines be formed parallel to the curb, and with a FINDING that distances under the Police Code should be measured under the standard used by the Building Code.
SPEAKERS: 1. Sgt. William Coggan, PDLD, explained the denial of the permit and asked the Board to clarify how distances should be measured under the Police Code. 2. Laurence Kornfield, CBI, DBI, explained that distances under the Building Code are measured traveling down the center of the sidewalk. 3. Elizabeth Mitskevich, appellant, urged the Board to grant the subject permit. Public Comment for the Police Department: David Lawrence of Metro Commerce Bank. Public Comment for the Appellant: None.
(4)APPEAL NO. 99-112
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WAI MING & KWAN YUK M. LUK, Appellants
ZONING ADMINISTRATOR, Respondent
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[3647-49 - 23rd Street.
[Determinations of the Zoning Admin- [istrator dated June 25 and July 13, 1999 [that the laundromat business is limited [by Planning Code Sections 182, 710.40 [and 790.102(e) to serve only the [immediate neighborhood with all [washing and cleaning done on-site and [with all windows closed, with [compliance within 30 days or abatement [action to be pursued.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 4-0-1 (President Chin absent) to RESCHEDULE the matter to November 8, 2000, with this to be the absolute last rescheduling.
SPEAKERS: 1. Alexander Weyand, attorney for appellant, requested a rescheduling from the Board.
2. Isolde Wilson, representing the ZA, objected to the rescheduling request.
(5)APPEAL NO. V00-041
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ROBERT & BEATRICE WOOD, Appellants
vs.
ZONING ADMINISTRATOR, Respondent
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[2090 Jackson Street.
[Protesting granting on March 15, 2000, [to Ma Estates, Rear Yard Variance to [construct a four-car, semi-underground [garage and one-story building addition [in the required yard of a single-family [dwelling.
[VARIANCE CASE NO. 98.908V.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 4-0-1 (President Chin absent) to UPHOLD the subject variance on CONDITION that the trellis be painted a white color.
SPEAKERS: 1. Daniel Conrad, attorney for the appellants, urged the Board to impose several conditions on the subject variance decision. 2. Frank Fung, attorney for the variance holder, asked the Board to uphold the variance decision with no modifications. 3. Isolde Wilson, representing the ZA, defended the granting of the variance. 4. Laurence Kornfield, CBI, DBI, commented on some Building Code issues raised by the principals. Public Comment for the Appellants: Carol Kettell. Public Comment for the ZA: None.
(6)APPEAL NO. 00-090
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HAYES VALLEY PROPERTIES, Appellant
ZONING ADMINISTRATOR, Respondent
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[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.
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ACTION: Upon motion by Commissioner McInerney, the Board voted 3-1-1 (Commissioner Cullum dissented and President Chin absent) to CONTINUE the matter to December 6, 2000.
SPEAKERS: 1. Dave Wasser, attorney for the appellant, outlined the reasons for the appeal. 2. Isolde Wilson, representing the ZA, defended the Notice of Violation and offered some alternatives on how the appellant could keep the subject advertising office use on the ground floor.
There being no further business, President Chin adjourned the meeting at 6:55 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.
