2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY,
JUNE 4, 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:
ITEM A: 75 Miraloma Drive. Letter from Candy Tsang, Appellant(s), requesting rehearing of Appeal No(s). 03-038, Tsang vs. DBI, PDA, decided April 30, 2003. At that time, upon motion by Vice President Harrington, the Board voted 2-3 (President Chin, and Commissioners Shoemaker & Sugaya dissented) to uphold the subject permit. Four votes being required to overturn or modify any departmental action, the motion passed, and the subject permit was upheld with no conditions.
Permit Holder(s): William Mandel. Project: 3-story single family house, 31' in height, with 880sf of ground floor area.
(4) APPEAL NO. 02-201
JAMES VIEGAS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[91 San Felipe Ave.
[Protesting the issuance on October 2, 2002, to [Mark Sears & Russell Schrader, Permit to Alter [a Building (on single-family house: additional [information as requested by District Building [Inspector regarding the planters from Building [Permit Application No(s). 2001/12/19/5627; [show as built planter wall (under rear deck and [stair case), correct garage roof deck, finished [floor elevation).
[APPLICATION NO. 2002/10/02/7981.
[PARTIAL TESTIMONY HEARD APRIL 2, 2003.
[FOR FURTHER CONSIDERATION TODAY.
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(5) CONSENT ITEMS (DBI PENALTY): With the consent of the Department of Building Inspection, the Board will proceed to a vote without testimony to reduce the penalty (investigation fee) to two times the regular fee as provided for in the Building Code. Without consent the Board will take testimony and then decide the appeal.
(5A) APPEAL NO. 03-059
CHIK HUNG KAN, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
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[1540 - 8th Avenue.
[Appealing the imposition of penalty on April [18, 2003, for work done without a permit (on [single-family house: addition, 1 story in the [back to be removed because it was built [without a permit).
[APPLICATION NO. 2003/03/13/9571.
[FOR HEARING TODAY.
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(6) APPEAL NO. 03-052
LANDO SIU, Appellant(s)
TAXI COMMISSION, Respondent
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[Appealing the revocation on March 25, 2003, [of taxicab medallion #1181.
[RESOLUTION NO. 2003-12.
[FOR HEARING TODAY.
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(7) APPEAL NO. 03-019
LIKE LIU, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2282 - 28th Avenue.
[Protesting the issuance on November 12, 2002, [to Cheng Lee, Permit to Alter a Building (on [single-family house: remove illegal unit at [ground floor, remove non-bearing partitions, [kitchen, toilet and closet; [create new storage).
[APPLICATION NO. 2002/11/12/1225.
[JURISDICTION GRANTED JAN. 22, 2003.
[THE BOARD VOTED 4-0-1 ON APRIL 2, 2003 [TO UPHOLD THE SUBJECT PERMIT DUE TO [NON-APPEARANCE OF APPELLANT. ON [APRIL 30, 2003, THE BOARD VOTED 5-0 TO [GRANT THE APPELLANT'S REHEARING [REQUEST.
[FOR REHEARING TODAY.
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(8) APPEAL NO. V03-024
ALFRED LEE, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[423 - 35th Avenue.
[Appealing the denial on Feb. 6, 2003, of Rear [Yard & Front Setback Variances (subject [property, a 3-story, 2-family house was built [subsequent to Planning Commission [Discretionary Review Case No(s). [1997.0380D, but in violation of the plans [approved by the Commission, and to an extent [that would require a variance from the [requirements of the Planning Code to allow the [building to remain.)
[VARIANCE CASE NO. 2002.1210V.
[PUBLIC HEARING HELD & CLOSED MAY 14, [2003.
[FOR FURTHER CONSIDERATION TODAY, [WITH A SITE INSPECTION REPORT FROM [THE DEPARTMENT OF BUILDING [INSPECTION & PLANNING DEPARTMENT.
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(9) APPEAL NO. 02-096
RAFAEL MIRANDA, Appellant(s)
ZONING ADNMISTRATOR, Respondent
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[1255 Goettingen Street.
[Appealing a determination dated May 22, 2002, [addressed to Rafael Miranda, that the legal use [of the subject property is a single-family [dwelling because the building was constructed [as a single-family house, because no permit [could be found which authorized the addition of [a second dwelling unit, and because the permit [history indicates the continued use of the [structure as a single-family structure.
[FOR HEARING TODAY.
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(10) APPEAL NO. 03-036
CLEAR CHANNEL OUTDOOR, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[3251-3253 Steiner St. / 2205 Lombard St.
[Protesting the issuance on Feb. 24, 2003, to [Margaret Pocoroba, Permit to Erect a Sign [(reinstallation of two 12' X 24' signs as soon as [the existing mixed commercial building is [waterproofed; existing angle and lag at wall to [remain in place during removal and [reinstallation).
[APPLICATION NO. 2003/02/24/8142.
[FOR HEARING TODAY.
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(11) APPEAL NO. 03-053
ADRIAN & ANNE DOLLARD, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1812-1816 Green Street.
[Appealing a Request for Suspension dated [March 25, 2003, addressed to Frank Chiu, [Director of the Dept. of Building Inspection, [that Building Permit Application No(s). [2003/01/28/6145 be suspended for the reason [that this permit incorrectly represented the [current legal use of the property as a single [family dwelling when it is in fact a two-family [dwelling, and for the reason that the said [permit is now being used as justification for a [third Building Permit Application [(2002/02/21/8004) which proposes to remove [an illegal kitchen on the 1st floor, which is not [illegal, and said proposal instead constitutes a [dwelling unit merger subject to a mandatory [Discretionary Review process.
[FOR HEARING TODAY.
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(12) APPEAL NO. 03-054
JERRY S. WILLIAMS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2139 Jackson Street.
[Protesting the issuance on March 26, 2003, to [Carol Levine, Permit to Alter a Building (add [closet at west side, enlarge bathroom at west [side, and replace tile and fixtures in guest [bathroom).
[APPLICATION NO. 2003/03/26/0766
[FOR HEARING TODAY.
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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: May 29, 2003
