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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, SEPT. 17, 2003

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

(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)  COMMISSIONERS COMMENTS & QUESTIONS:

 

(3)  ADDENDUM ITEMS:

(3A)   JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL: 

Taxi medallion No(s). 1181; Revocation took effect March 25, 2003

Last Day to Appeal was April 9, 2003; Jurisdiction Request Received July 1, 2003

Letter from Lando Siu, requestor, asking that the Board take jurisdiction over the Taxi Commission’s revocation of medallion no. 1181. 

Note:  The requestor filed an appeal of the Taxi Commission’s revocation (Appeal No. 03-052), and the Board held a hearing on June 4, 2003 where the revocation was upheld.  The rehearing period lapsed with no rehearing request filed, and a Notice of Decision & Order was issued, terminating the Board’s jurisdiction.  The requestor has filed this jurisdiction request asking the Board to grant him a second 10-day rehearing period and the opportunity to request a rehearing.  If this request is granted, the Board may consider the rehearing request for Appeal No(s). 03-052 as addendum item 3B.

 

(3B)    REHEARING REQUEST:                        

Taxi Medallion No(s). 1181; Appeal No(s). 03-052; Siu vs. Taxi Commission

If the foregoing jurisdiction request (addendum item 3A) is granted, then this rehearing request may proceed:  Letter from Lando Siu, Appellant(s), requesting rehearing of Appeal No(s). 03-052, decided June 4, 2003.  At that time, upon motion by Commissioner Saunders, the Board voted   3-2 (Commissioners Shoemaker & Sugaya dissented) to overrule the revocation and instead impose a  3-month suspension of the subject medallion.  Four votes being required under Charter § 4.106 to overturn or modify a departmental action, the motion failed, and the Taxi Commission’s revocation was upheld. 

 

(3C)   JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL: 

Subject property at 737 Pine Street; ZA determination was issued July 7, 2003

Last day to appeal was July 22, 2003; Jurisdiction request received August 15, 2003

Letter from Niall MacCormack, agent for Jessika deTrinidad, requestor(s), asking that the Board take jurisdiction over a determination by the Zoning Administrator for the property referenced above.  Determination: the proposed conversion of storage space to a dwelling unit in this 39-unit apartment building would constitute an intensification of a legal non-conforming use, which is prohibited under Planning Code § 181(a).

 

(3D)  REHEARING REQUEST: 

438 – 21st Avenue; Appeal No(s). 03-098/099; McCallum vs. DBI, PDA                                                   

Letter from Millie McCallum, appellant, requesting rehearing of Appeal No(s). 03-098/099, decided July 23, 2003.  At that time, upon motion by Commissioner Saunders, the Board voted   4-0-1 (Commissioner Shoemaker absent) to uphold both the demolition permit and site permit on condition that the sound-proofing inspection report be given to the appellant.  Project: demolition of a 3-story single family dwelling with 900sf of ground floor area, and construction of a 4-story,  2-unit building with 1,656sf of ground floor area.  Permit Holder(s): Sze-Hoi Yip.

 

(3E)   JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL: 

Subject property at 498 Beach Street; DPW BSM order dated May 5, 2003

Last day to appeal was May 20, 2003; Jurisdiction request received August 22, 2003

Letter from Ulysses Napuri, Requestor(s), asking that the Board take jurisdiction over Dept. of Public Works Bureau of Street Use & Mapping (DPW BSM) Order No(s). 174,096, denying an application for a Sidewalk Display Merchandise Permit at the subject property. 

 

(3F)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                        

Subject property at 330 – 25th Avenue; Permit issued on May 12, 2003

Last day to appeal was May 27, 2003; Jurisdiction request received on August 18, 2003                                                    

Letter from Janet Codor and Charles Hoffman, asking that the Board take jurisdiction over Building Permit Application No(s). 2000/04/05/6504S.

Note:  The requestors filed an appeal of the issuance of the subject demolition and site permit (Appeal Nos. 03-071/072) and the Board held a hearing on July 9, 2003 and voted  5-0 to uphold the demolition permit without conditions, and to uphold the site permit on condition that the exterior wall be reduced by 4 feet in length on all 3 floors, with the fire escape to remain.  No request for rehearing was filed within 10 days of the Board’s decision, and the Notice of Decision was released on July 28, 2003, ending the Board’s jurisdiction in this matter.  The requestors have filed this jurisdiction request for the purpose of obtaining clarification on the Board’s conditions and/or for the purpose of obtaining a second 10-day rehearing period.  If this request is granted, the Board may consider the rehearing request for Appeal No(s). 03-071/072 as addendum item 3G.

 

(3G)  REHEARING REQUEST: 

330 – 25th Avenue; Appeal No(s). 03-071/072; Codor & Hoffman vs. DBI, PDA                                                    

Letter from Janet Codor and Charles Hoffman, requesting rehearing of Appeal No(s). 03-071/072, decided July 9, 2003.  At that time, upon motion by President Chin, the Board voted 5-0 to uphold the demolition permit without conditions, and to uphold the site permit on condition that the exterior wall be reduced by 4 feet in length on all 3 floors, with the fire escape to remain.  Project: demolish a two-story single family house with 1400sf of ground floor area, and construct a three-story, two-unit condominium building with 2060sf of ground floor area.  Permit Holder(s): Michael Chan.

 

(4)    APPEAL NO. 03-080

EVELYN ELSESSER KAHL, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

565 Diamond Street.

Appealing a determination dated May 15, 2003, addressed to Stephen Johnson, that the non-conforming structure on the adjacent lot at 551-555 Diamond Street cannot be used for rear yard averaging so as to allow the rear expansion of the subject property because the non-conforming structure is not a dwelling unit under Planning Code § 102.

FOR HEARING TODAY.

 

(5)   APPEAL NO. 03-088

DONNA ROBERTS, Appellant(s)

                        vs.

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY,  Respondent          

303 Cortland Avenue.

Appealing the denial on May 22, 2003, of Permit to Remove & Replace One Tree. 

ORDER NO. 174,140.

FOR HEARING TODAY.

 

(6)   APPEAL NO. 03-104

JOE WYMAN, Appellant(s)

                        vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET USE & MAPPING,

                                                      Respondent

 

Various Locations on Broadway & Embarcadero.

Protesting the issuance on June 20, 2003, to One Reel/Teatro Zinzanni, Street Use Banners Permit.

ORDER NO. 165,292.

PERMIT NO. 03B-032.

FOR HEARING TODAY.

 

ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:

(7A)   APPEAL NO. 03-056

GREGORY ERLACH, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION,

                                              Respondent

PLANNING DEPT. APPROVAL

 

 

531 – 43rd Avenue.

Protesting the issuance on March 27, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: install 5’ high fence on side of front yard, treated vertical posts on 4’ centers, redwood lattice full height between verticals, pre-formed 3’ metal footings driven into ground floor for verticals, capped by treated 2” X 4” (on side) tying 5 posts together; 8’6” free standing; rest next to building)

APPLICATION NO. 2003/03/27/0836.

FOR HEARING TODAY.

(7B)  APPEAL NO. 03-067

GREGORY ERLACH, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION,

                                              Respondent

PLANNING DEPT. APPROVAL

531 – 43rd Avenue.

Protesting the issuance on May 2, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: rebuild existing rear stairs in-kind).

APPLICATION NO. 2003/05/02/3742.

FOR HEARING TODAY.

 

ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER

(8A)     APPEAL NO. 03-064

TAMMY HO, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent          

 

1059-1061 Market Street.

Appealing a Permit Suspension Request dated April 24, 2003, asking that Building Permit Application No(s). 2000/05/15/0050 be suspended because the project (conversion of 39,000sf of light industrial space into office space) was not referred to the Planning Department for appropriate review or for the required public hearing before the Planning Commission, in violation of Planning Code § 321.

FOR HEARING TODAY.

(8B)  APPEAL NO. 03-115

TAMMY HO, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION,

                                              Respondent

 

 

1059-1061 Market Street.

Appealing the suspension on May 12, 2003 of Building Permit Application No(s). 2000/05/15/0050, 2001/09/25/9156, 2001/09/26/9258, 2001/12/18/5501, 2002/02/26/0121, 2002/02/26/0114, 2002/05/14/6517, 2002/07/11/1182, 2002/08/08/3541, 2002/08/16/4177, 2002/10/18/9329, & 2002/10/18/9328 (conversion of 39,000sf of light industrial space into office space, and various tenant improvements) for the reason that the Planning Department believes these permits were issued in error because they were not routed to the Planning Department for review and a required public hearing in violation of Planning Code § 321.

JURISDICTION GRANTED JULY 9, 2003.

FOR HEARING TODAY.

 

(9)    APPEAL NO. 03-087

BILL & LUBA GOWER, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

2250 Jackson Street.

Appealing a determination dated May 20, 2003, addressed to Gary Bell, that the legal use of the subject property is a 5-unit apartment building based on available prior building permits and land use records. 

FOR HEARING TODAY.

 

ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:

(10A)    APPEAL NO. 03-096

EVELYN WONG, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1331 Green Street.

Protesting the issuance on June 3, 2003, to Stephen Goldstine, Permit to Erect a Building (one-story single-family dwelling with 523sf of ground floor area).

APPLICATION NO. 2001/03/30/5663.

FOR HEARING TODAY.

(10B)    APPEAL NO. 03-097

TAMI TWAROG

& ELIZABETH WRIGHT, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1331 Green Street.

Protesting the issuance on June 3, 2003, to Stephen Goldstine, Permit to Erect a Building (one-story single-family dwelling with 523sf of ground floor area).

APPLICATION NO. 2001/03/30/5663.

FOR HEARING TODAY.

 

(11)    APPEAL NO. 03-103

RONALD YOUNG, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

290 Beacon Street.

Protesting the issuance on June 17, 2003, to David Ehrlich, Permit to Alter a Building (on single-family house:  new deck extension, new kitchen, replace sliding doors, rear façade and windows, new skylight in kitchen and study, and a new fireplace).

APPLICATION NO. 2002/09/12/6372.

FOR HEARING TODAY.

 

ADJOURNMENT.

Note: Each item on this agenda may include the following documents:  1) Appellant's Preliminary Statement of Appeal and Brief; 2) Respondent’s or Permit holder's Response Brief; 3) Appellant’s Reply; 4) Department decision, order, permit, determination, resolution, or Notice of Violation; and 5) Correspondence of public and parties.

These items are available for review at the Board's office, 1660 Mission Street, Room 3036, front counter.  Please call 575-6880 if you have any questions concerning this agenda. 

Date posted:  August 28th, 2003