Meeting Information

BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO

REGULAR MEETING - WEDNESDAY, APRIL 23, 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: 39 Country Club Drive. Letter from Lawrence Badiner, Zoning Administrator, on behalf of the Planning Department, and a letter from Ibrahim Malik, Salwa Ghaim, & Thomas Ngai, Appellant(s), requesting rehearing of Appeal No(s). 03-009, Malik et al. vs. DBI, PDA, decided March 19, 2003. At that time, upon motion by Commissioner Saunders, the Board voted 1-3-1 (President Chin, Vice President Harrington & Commissioner Sugaya dissented, & Commissioner Shoemaker absent) to reschedule the matter to April 23, 2003. 3 votes being required to reschedule a case, the motion failed, and the case went forward. Afterwards, upon motion by Commissioner Saunders, the Board voted 3-1-1 (Commissioner Sugaya dissented, Commissioner Shoemaker absent) to uphold the permit on condition that the addition be shortened on the 2^nd floor to 15 ½ feet. 4 votes being required to place conditions on an issued permit, the motion failed, and the subject permit was upheld with no conditions. Permit Holder(s): David Truong c/o Thanh Ngo. Project: horizontal addition on single-family house.

ITEM B: 1349 Clayton Street. Letter from Tom Katz, Appellant, requesting rehearing of Appeal No(s). 02-172, Katz vs. DBI, PDD, decided March 19, 2003. At that time, upon motion by Vice President Harrington, the Board voted 3-1-1 (Commissioner Sugaya dissented, Commissioner Shoemaker absent) to overrule the denial by the Planning Dept. and grant the subject permit. 4 votes being required to overturn any departmental action, the motion failed, and the denial of the subject permit was upheld. Project: on 13-unit apartment building; replace existing steel with vinyl retrofit - same shape and size; total 20 windows.

(3) ADDENDUM ITEMS CONTINUED:

ITEM C: 537-539 Natoma Street. Letter from Chelsea Owens & Melani Swiercinski, Requestors, asking the Board to take jurisdiction over Building Permit Application No(s). 2002/12/10/3170. Permit Holder(s): Jean Howe. Project: on commercial/industrial building; remove illegal dwellings and construction; construct two unisex accessible sanitary facilities.

Date Permit(s) Issued: Dec. 10, 2002

Last Day to Appeal: Dec. 26, 2002

Jurisdiction Request Received: March 27, 2003

ITEM D: 493 Haight Street. Letter from Frieda Humboldt, Felicia Michaels, & Faye Adelstein, Appellant(s), requesting rehearing of Appeal No(s). 03-004, Humboldt et al. vs. DBI, PDA, decided March 19, 2003. At that time, upon motion by President Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the subject permit with the following condition(s): a) that the antennas be limited to 2 watts each; b) that the readings be reported monthly to the Dept. of Public Health and the Appellants; c) that there be no exposed wiring, wiring to be inside; d) that the antennas shall not be visible in front of the building, and shall be covered as per the letter dated Feb. 5, 1998 by then Zoning Administrator Robert Passmore; e) and that the roof access stairs shall be covered and painted as per the aforementioned letter. Permit Holder(s): Haight & Fillmore Association LLC. Project: on 31-unit mixed use residential/commercial building; installation of 2 omni type antenna equipment.

(4) APPEAL NO. 02-152

MCDONALD'S, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent

[Lakeshore Plaza Shopping Center on Sloat [Boulevard. [Appealing a determination dated July 26, 2002, [addressed to Walter Wong at Jaidin Consulting, that [a hamburger restaurant is not a permitted use at the [subject property because hamburger restaurants [were specifically omitted as an allowable use by the [Board of Supervisors when it approved conditions [for the Conditional Use (CU) authorization at [Lakeshore Plaza. [ON OCT. 30, 2002, THE BOARD VOTED TO [OVERRULE THE DETERMINATION (VOTE 4-1). [ON NOV. 20, 2002, THE BOARD SUSPENDED ITS [RULES, ALLOWED A COMMISSIONER TO [REQUEST A REHEARING & GRANTED THE [REHEARING (VOTE 4-1). [FOR REHEARING TODAY.

(5) APPEAL NO. 03-026

MARK HOLLANDER, Appellant(s) vs. TAXI COMMISSION, Respondent	[Appealing the revocation on February 3, 2003, [of taxi medallion No(s). 881. [RESOLUTION NO. 2003-03. [FOR HEARING TODAY.

(6) APPEAL NO. 03-028

OLLIVER LOUD, Appellant(s) vs. TAXI COMMISSION, Respondent	[Appealing a Public Convenience and Necessity [Finding & Decision dated Feb. 6, 2003, that taxi [service in the City and County is being [sufficiently met by the currently authorized [1,381 taxi permits, and that the authorization of [any additional permits is not warranted. [RESOLUTION NO. 2003-06. [FOR HEARING TODAY.

(7) APPEAL NO. V03-012

JAMES ESTEY, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent

[2815 Diamond Street. [Protesting the granting on January 9, 2003, to [David Prowler at Glen Park Market Place LLC, [Rear Yard, Parking, Usable Open Space & [Dwelling Unit Exposure Variance(s) (proposal [may be constructed with 1,440sf of rear yard in [the southeast corner of the property where [4000sf are required; no parking spaces for the [nonresidential uses where 14 are required; [1,454sf of usable open space and some of the [open space areas with minimum dimensions of [4.5 feet and 8 feet where 1,714sf of usable [open space with minimum dimensions of 6 feet [for private open space and 15 feet for common [space are required; and with 6 of the proposed [15 dwelling units to not have windows facing [either a public right-of-way or a Code complying [rear yard. [VARIANCE CASE NO. 2002.0124V. [PUBLIC HEARING HELD & CLOSED [MARCH 19, 2003. [FOR FURTHER CONSIDERATION TODAY.

(8) APPEAL NO. 02-100

CANADIAN AMERICAN OIL CO., Appellant(s) vs. ZONING ADNMISTRATOR, Respondent	[1868 Van Ness Avenue (Ben's Shell Station). [Appealing a Cease & Desist Order dated [May 24, 2002, addressed to Equilon [Enterprises LLC & Canadian American Oil, that [the subject property is being used for operation [of an off-street parking facility without [benefit of a Conditional Use (CU) authorization, [in violation of Planning Code §'s 171 & [209.7(c). [FOR HEARING TODAY.

(9) APPEAL NO. 02-176

SIMON KONG & YING-AH KONG, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent

[2114-2118 Mission Street. [Appealing a determination dated August 22, [2002, addressed to Van Ly, that no additional [group housing or dwelling units could be added [to the subject property since the number of [dwelling units alone exceeds the density limit [under the Planning Code, and that Conditional [Use Application No(s). 2001.1119C requesting [a parking exception to add group housing units [could not be approved under Planning Code [requirements. [FOR HEARING TODAY.

(10) APPEAL NO. V03-003

BONNIE DEMERGASSO, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent	[3196 Pacific Avenue. [Protesting the granting on January 6, 2003, to [Dan Phipps Architects (Subject Property Owner [John Conlin), Rear Yard Variance (on single-[family house: construction of an addition at the [basement, 1st and 2nd floors at the northeast [corner of the rear of the existing building in the [required rear yard). [VARIANCE CASE NO. 2002.1008V [FOR HEARING TODAY.

(11) APPEAL NO. 03-029

JENNIFER & SIMON MILLER, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	[655 Head Street. [Protesting the issuance on Feb. 3, 2003, to [Vessie Bailey, Permit to Alter a Building (on [single-family house: addition of new deck and [staircase to the 2nd floor of building, and a 3-[inch concrete slab at the rear of building). [APPLICATION NO. 2003/02/03/6573. [FOR HEARING TODAY.

(12) APPEAL NO. 03-030

GARY VARUM, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent

[727 Moraga Street. [Appealing a determination dated Feb. 4, 2003, [addressed to Gary Varum, that since there is [adequate frontage on Moraga Street to permit [access to, and development of the lot, and [since the proposed development indicates [direct access to Moraga Street only, and the [Planning Commission has denied direct access [to the public stairway, the front property line and [the appropriate location from which to measure [the permitted height for buildings on the lot is [the center of that portion of the lot fronting on [Moraga Street and not on the public stairs. [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: April 10, 2003