>> >> as the people are leaving the room i will call the next item, which is item number 1 1, and 10 has already been heard and decided. 13-038. slovenian progressive home incorporated, appellant(s) vs. zoning administrator, respondent.2101 mariposa street. appealing a letter of determination dated march 22, 2013, addressed to robin talmadge / slovenian progressive home inc., regarding whether the slovenian hall is a legal non-conforming entertainment use and commercial kitchen under the planning code n >> thank you for your patience and you have been waiting for this matter to be called and you have seven minutes. >> thank you.

>> we do have thank you so much, you did we did get our entertainment permit and happy with that. the thing is the hall is completely a commercial building and a commercial kitchen inside of the hall and we are actually asking to become bringing the kitchen into compliance and the commission to verify the kitchen as determined in the march letter in paragraph one. and we are in compliance with the entertainment permit that we received last no month as well. >> we are not adding anything or expanding anything and we are leaving it alone. the building has been there since 1929. and i think that i gave all-you a packet and at the end of the packet, you can see the kitchen actually there are the plans that my father that draw the

kitchen. >> are you finished? >> pardon me? >> are you finished with your presentation? >> yes, i am. >> in your packet, i did not see much information on the original permit. which would have, you know, the described the uses of the hall, and its anxillary spaces do you have additional information on the original history of the buildings. all of the records have been either destroyed or not there any more at all. and the only thing that i did have was the kitchen that was redone in 1971 and that is the only thing that i have for you

to see. >> any evidence? >> let me rephrase that. anything that shows the originate of the clubhouse that it was used for other functions? that it was rented out at those previous times? >> i can bring you back rental agreements if you want. we have been renting out since a long time ago. >> give me an approximately year. >> i just became president of the last and i would say probably 19, or 1960s.

>> no other questions and we can hear from the zoning administrator unless you have something further to add. >> thank you so much. >> good evening, president, and members of the board, scott sanchez the planning department, 2101, mariposa and it is in the rh 3 and residential three family zoning district. the request was two-fold, first whether or not the building was a legal non-conforming use and that it offered as its space a commercial venue and that is where the events could be held and the weddings and the like and the second portion is whether or not it can be used as a commercial kitchen and you could make the twinkies there and sell them in the stores. which are now in the stores and they are smaller though. >> so the results, and there was a history of the venue being used for these activities, and so, to the first question, we responded in

the affirmative and yes, we believed that it was a legal non-conforming use and that the use could remain and that the second portion is the portion in which i believe is really the only portion in question by the appellant here and that is whether or not it is a legal commercial kitchen and could be used for preparation, and we have no evidence that it served as a use in the past and the non-conforming use provisions you have to show that it was used in the last three years, and there is nothing in the evidence to show ha it was a separate commercial kitchen. and they have not provided us that information. they site other restaurant and the neighborhood goes down on connecticut and 18th. and it should be noted that that is actually within an nc2 which does allow the restaurant and that is why we do see the restaurants in that location, also sights some changes to the state law.

and that allow the cottage food industry and this is the thing that we are amending to address as a use in the dwelling units to allow the small manufacturing and that is a permit that is also issued by the department of public hel and this that is very much different from a full commercial kitchen which i believe that they are seeking here and that would limit limited amount of types of food products that could be prepared out of the cottage food kitchens. this is a residential zoning district and we have already, this is allowed as a commercial venue and i think that came about because of the concerns that were raised as they went for an entertainment license which they have obtained from the entertainment commission to allow the events and in addition to that, there is a request for a commercial kitchen and for catering and no limiters i think in what could be allowed there and that is the concern that we have. we would see that as a historic use not, but as a new use that

is not allowed with a new commercial use and a zoning district which would not allow that. that led to our determination and i am available for any questions. >> so you are saying that they can hold events that has cooking but they can't use it specifically as a come smer shall kitchen to produce. >> without the party. >> there has to be a party. >> the kitchen itself is accessory to the event venue and as you can see, even on the plans that were provided you can see the swing doors and to the banquet hall and there is no it sounds like there is machinery in there for bottling or packaging and that is in more of line of the commercial kitchen and the concerns that we would have there and it would be tied and 24/7. it would not be tied to when there are those events at the venue but take on a life of its own and we would see that as

intensefiation that would not be allowed. >> you feel that would be more reflective of a conditional use process. >> it is something that we would see more in a commercial or a pdr district and that kind of catering kitchen and so we would not see that as a use that is consistent here. i don't see that there is a ceu process to allow it. >> okay. >> the use itself is not allowed. >> and in your research, was this a membership based or... usage when it first opened? >> so, what we have found was that it was and it seems that

that has been used on a broader publicly accessible event scale and that is what our determination found. >> and i have a question. what, what is the significant of the permit, or the appellants, argument that there are other establishments that are zoned residential with the full commercial kitchens and then she sites, sun flower and plow and imp low >> so these properties are not zoned residential they are

located in an nc 2 neighborhood zoning district that will allow new restaurant and could convert to another retail store or to a new restaurant can open up but that is a commercial strip on 18th there. >> thank you. >> thank you. >> thanks. >> is there public comment on this item? >> okay, step forward. >> president, how many minutes? >> three, minutes, just one speaker, three minutes. >> president and members, i have not come here on this case and i was not aware of it until i got here i am bob pass more and i worked for the planning department in 2000, and my recollection of this property was different and mr. sanchez while i support his recommendation. >> would you mind speaking into the microphone. >> should i start over. >> no i heard.

>> my recollection is that the property is more that the planning department in the early years treated more as a private club or community building and not in any way a commercial type of establishment. i don't think that it has been zoned anything other than some form of residential, before 1960. and then into the current type of zoning. and as a community building or a private club there were times that we would say, okay as an accessory, you can have a wedding there and a party and some small entertainment but it was never to be at the extent that you were moving into a full entertainment type of activity. kitchens that were attached to that were solely for serving foods for people coming to that facility and nowhere else and so any kitchen that would produce the food that will go off the premiseses will be in violation of the planning code.

i am not saying that it is a bad idea, but it would take a code amendment to allow it in the future. >> thank you. >> any other public comment? >> okay, seeing none, then do you have rebuttal time if you care to use it three minutes. this is like a commercial building and i think that residential got zoned over us because probably the language barrier did not, you know, particularly have anybody come down and fight for their building. and so 50 years coming out now, we really would like to have some kind of a zoning stating that we are clearly not a residential building. i think that i gave you a picture of the building. and we also one side of us is residential. and so if there is any kind of code in the code that we can

make it a small, you know, we are not here to be the culinary academy, but we would really like to have some kind of... there must be some kind of a code and also a lady got zoned for her commercial kitchen in a residential house, i think that i also gave you that as well. and so i am wondering if we can get some kind of a small zoning somewhere in the code to at least allow us to do those thank you. >> are you i am not sure that we understand what you your intent there is. are you saying that you want to have a commercial kitchen that you can rent out just the kitchen itself to be able to cook food for off site? >> very, very small groups of people mom and pop operations, very small. right now, we rented out to you know, like different weddings and things like that.

and we would probably get a lot more use out of it and a lot less damage to the hall, if we just rented it out a couple of times a month for a mom and pop that they can go ahead and do that. very, very small. like i said, i am not the culinary academy and don't want to be, but somewhere in the code there must be some code that could allow us to do that. >> mr. sanchez? >> thank you, are you finished? >> thank you. >> thank you, scott sanchez, the planning department i don't have much to add, other than to note that this has been residential zoning since at least 1978 prior to that it was rf 3, from 60 to 78 and prior to that i think that mr. pass more noted it was residential

and maybe a second residential zoning district. and but there is nothing in the current planning code that would allow that kind of new commercial use there no matter how small, it is a residential zoning district. and it would require a you know, from what i can tell at this point, a planning code change and certainly we can look at that kind of question further with the appellant, but i don't see a way at this point to allow that new additional use. >> thank you. >> thank you. >> commissioners the matter is submitted. >> and it seems pretty clear to me that there is not much wiggle room here. and they seem to have affirmed that, and we would like to make the accommodation of how it will benefit the hall and i don't see how we have any

options. and i agree with commissioner lazarus, and although i did attend the parties there in the 70s. i can attest to that. but, so she can cook as long as she is holding a party that is kind of how it is interpreted at this point. but i do agree with commissioner lazarus that we would have to have a complete new designation. >> right. >> okay. >> all right. >> i entertain the motion. >> i will move to deny the appeal and up hold the letter of determination on the basis that it is letter was compliant with current planning code. >> it could be that the zoning administrator did not error. >> that is fine. >> okay. >> thank you. >> we have a motion from the vice president to up hold this

zoning administrator letter of determination on the basis that he did not err or abuse his discretion. >> on that motion, commissioner fung. >> aye. >> president hwang. >> aye. >> commissioner hurtado? >> aye. >> and commissioner honda. >> aye. >> the vote is 5-0, and this letter is upheld on that basis. >> we need a [break] >> all right. welcome back to the july 17, 2013, board of appeals, we have dealt with 12, and we will call

13, 13-062.twin peaks eastside neighborhood alliance, appellant(s) vs. dept. of building inspection, respondent planning dept. approval.70 crestline drive. protesting the issuance on may 15, 2013, to shamus naughten / dolmen property group llc, permit to erect a building (4-story, 4-unit residential building with 1,420sf of ground floor area). application no. 2009/08/25/5545s. for hearin tonight. and we will start with the appellants. >> please step forward and you have seven minutes and thank you for your patience this evening. >> good evening, i'm donald bait man, co-chair of the twin peaks east side alliance, and with me at the podium is agular, and we are both residents, and for the last 18 and 30 years, and it is comprised of more than 130 members all of whom who have signed the statements would have voiced the opposition to the over development that will result from the approval of the subject building application and permit for lot subdivision and new construction at 70

crest line drive in the early 60s when this san francisco was designed and developed, the city planners at the time attempted to offset the high density of the development by requiring the developer to integrate the 14 small spaces between the series of multiunit buildings and this was done to provide the relief to the march of concrete that asends the garden side drive and on the upper east slopes of the twin peaks neighborhood, robert pass moore a zoning administrator was an eye witness to the fact that these open spaces were not accidental or left over plots but were intentionally integrated and established as the condition of approval by the city for the vista san francisco development. he is here tonight as you know to attest to those facts. you have also seen his letter to the board found in exhibit d in the brief and that rekoupts that history and voices his

opposition to the project under appeal. in exhibit e, we have provided a copy of the original map. >> please turn that over. >> thanks. >> dated october, 1962, with that map it references a planting plan and this statement indicates that the plan was on file with both the planning department and both the city engineer's office on sheet one of the subdivision map the parties have or holding record title interest in the subdivision state that they do here by agree to plant and maintain the association to maintain the landscaping in the land subdivided in the accordance with that planting plan, and we contend that this planting plan that the two city agencies now have been unable to locate would show that the 14 planned open green spaces were a part of that plan and therefore serves to demonstrate that those places were intent to remain open and as they indeed have for the last 50

years. and the proposal to wedge a 5 story over garage four unit building into the small pie shaped piece of the subdivided lot at 70 crest line places 6 large windows in the northern facade into a five-foot wide air shaft. in the report dated november 19th, the recommended denial of the project, and the proximity and mass of the new structure will severely restrict the light and air to the units whose windows overlook the green space, the windows that will be obstructed are the only source of light of air in the rooms, they maintain that the other 13 planned open spaces will be more difficult if not impossible to develop. and therefore, the proposed construction would not set a precedent for additional loss from space. and we strongly disagree with

that assessment and all except two of the open green spaces are actually larger than the subject site. and several do have access to lateral right-of-ways or the 13 are largely large corner spaces in the block of the two streets and are owned by one party as are an additional five of the other spaces owned by one party. and all of the 13 spaces are suitable for the development. and therefore, the proposed project will indeed set an unwanted precedent for additional similar development and loss of green space in the community as stated in the project report, november 19, 2012, our exhibit b. >> our appeal is first and foremost request that you deny the permit for the reasons cited in the brief and discussed here tonight and as noted in the brief if you are inclined to up hold this permit that you defer your decision until the sponsor has secured the approval by the city, we

have valid concerns that the sponsor may attempt to build the structure without subdivision approval. and the sponsor stated to us in late may that he need not secure the approval before beginning construction as he contends that the subject permit will allow the construction on the existing lot. we do not agree with that position and neither does the planning department according to the assurances given to us by the zoning administrator. and further the sponsor's possible will in effect deny us the due process of the appeal rights regarding the subprocess, because the appeal will be moot if a building is already standing or even under construction because the planning department has stated that the subject division approval must be secured and the sponsor has caused his own delay business not applying for the subdivision until this past monday of this week. please also note that the

planning department eer report notes that the structure will be limited to the dry months of may to october to protect the integrity of the sites steep hill sides and normal processing times for the department applications submitted for the past month could be expected to take anywhere from 30 to 75 days. and therefore, with construction time estimated to require at least 3 and a half months, construction could not be initiated in any case before may 2014. and therefore, if the board were to defer its decision until the subdivision approval is occurred, no undo or additional delay will be generated. in summary, the proposed building is astraktive and cleverly designed and it does not belong on the site where the development is proposed. we ask that the board respect

the original decent and intent of san francisco and the wishes of the community's residents and the recommendation for the denial of the planning department and the existing resident of the last 50 years, that has retained the open spaces by your denial of this permit this evening, thank you. >> mr. bait man. >> are there ccnrs for this subdivision? >> could you explain that term to me. >> are there any covenants that were established for all of the properties within all of the lots within this subdivision. >> not that we are aware of. but i am sure that mr. pass more may be able to shed the history on that since he was there at the time. and as the sponsor has stated as far as we found there is nothing that we found codified presenting this development and it is more a matter of the intent and the initial design of the planned community. >> okay >> how long has that been empty. >> yes. >> how long has that been open?

>> since it was built in 165. >> okay. >> thank you. >> we can hear from the project sponsor now. >> good evening commissioners i am the architect that designed this building. and this one. >> well, >> yeah. >> okay. >> the site, the site is when the san francisco neighborhood, and at the base of twin peaks. it is a triangle portion of the existing building parcel that

is being subdivided to create a new vacant lot and it is unique in that it is adjacent to the... i don't like, i can't do the computer. but if it is adjacent to mr. lane, a public right-of-way that throughout the steps connects the lower area of the city with twin peaks and going through the neighborhood. the project is a four unit entry building. and it is designed to fit harmoniously within the urban fabric of the existing neighborhood. it is one of the planning commissioners said during the public hearing, this project quickly inserts a new building in a compatible and enhancing and respecting manner, matching the buildings in a contemporary way. the commissioners voted 5-1 to take it and approve the project. >> the proposed building matches the scale, and the

stepping of the configuration and the height and the set backs, and the lines of the existing buildings. >> it provides the range of units for the diverse type of families from one bedroom and two bedroom apartments to four bedroom town house and at the lower density of the existing buildings and it complies with the residential guidelines and does not require any variance. in adding less than 1 percent of the existing number of units that exist in the neighborhood, it certainly there is not result in over development. and the contrary, it proposes a sustain able infield development model, the project also provides an inviting and usable safe open space by landscape and lighting and maintaining the steps in the existing right-of-way. and then in 19, well, wow, the 19 feet wide public space is framed by the buildings in a similar way than the other two

segments of this delaying and there are further down the hill. >> and in approaching down hill, this is a view from park side, and it shows that the project feeds harmoniously on the existing buildings, and the green and contemporary atmosphere and from the twin peaks trail, the project has no impact on the views and adds minimally to the existing walls to the san francisco. >> and these three, these three d model shows how the design concept are driven from the active open space, and three of

the four units of the direct access from the steps. and the windows and encourage the neighbors to the visitors interaction and the eyes on the street to enhance the safety. especially when it gets dark. this is the open space, as it exists now. at present, it is neither maintained or landscaped and you have seen accessible beyond the steps and it is framed by the black line walls which gives the feeling of walking through a left over space and the windows on the wall of the existing building are minimal openings and less than 1 percent of the wall area. and the proposed building will be five feet away from those windows and that is true, and if as required by code, for light and air and fi