Meeting Information

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.

Subject property at 1401-1409 Castro Street.  Permit issued on August 2, 2004.  Last day to appeal was August 17, 2004.  Jurisdiction request received February 14, 2005.  Letter from Eric McFarland, attorney for Chloe Alexander, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/08/02/0401.  Project: on apartment building with commercial, storage room into laundry room at ground floor.  Permit Holder(s): Isa Muhawieh.

Subject property at 1401-1409 Castro Street.  Revised letter of determination issued on October 20, 2004.  Last day to appeal was November 4, 2004.  Jurisdiction request received February 14, 2005.  Letter from Eric McFarland, attorney for Chloe Alexander, requestor(s), asking that the Board take jurisdiction over a Zoning Administrator letter of determination which states that the legal use of the units on the subject property is as follows: one personal services commercial use on the ground floor of the main building (1401 Castro St.), one legal dwelling unit on the second floor of the main building (395 Jersey St.), and one legal dwelling unit in the small building or cottage at the rear of the property fronting Castro Street (1409 Castro Street); and that the permit history for the subject property is limited and provides no clear evidence that the space at 1401 Castro Street was legally subdivided to create 1403 Castro Street with a dwelling unit contained therein.  Subject Property Owner(s): Isa Muhawieh.

Subject property at 1401-1409 Castro Street.  Letter from Eric McFarland, attorney for Mitchell Schoenbrun, appellant(s), requesting rehearing of Appeal No(s). 04-105, Schoenbrun vs. DBI, decided Feb. 2, 2005.  At that time, upon motion by Commissioner Knox, the Board voted 4-0 to uphold the subject permit.  Project: on apartment building with commercial, storage room into laundry room at ground floor.  Permit Holder(s): Isa Muhawieh.

Subject property at 1401-1409 Castro Street.  Letter from Eric McFarland, attorney for Mitchell Schoenbrun, appellant(s), requesting rehearing of Appeal No(s). 04-166, Schoenbrun vs. ZA, decided Feb. 2, 2005.  At that time, upon motion by Commissioner Knox, the Board voted 4-0 to uphold the subject determination (as described in Item 3D).  Subject Property Owner(s): Isa Muhawieh.

Subject property at 567 Sanchez Street.  Permit issued on October 29, 2004. Last day to appeal was November 15, 2004.  Jurisdiction request received on March 31, 2005.  Letter from Gerard Chang, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2002/07/31/2759.  Permit Holder: Ed Hardy.  Project: construction of 3-story single-family house with 1,168sf of ground floor area.

Subject property at 1234-1268 Grant Avenue.  Appeal No(s). 04-183, Wong vs. DBI, PDA, decided January 19, 2005.  At that time, upon motion by Commissioner Fung, the Board voted   4-0-1 (Commissioner Saunders absent) to uphold the subject permit on condition that a Notice of Special Restrictions (NSR) be recorded on the land records.  Permit Holder:  Chris Foley.  Project: non-load bearing partitions on 1^st and 2^nd floors.

Subject property at 454 – 17^th Avenue.  Letter from Esther Lau, appellant(s), requesting rehearing of Appeal No(s). 04-147 & 04-174, decided Feb. 16, 2005.  At that time, upon motion by Commissioner Fung, the Board voted 4-0 to uphold both permits on condition that the permit holder acoustically treat the bathrooms for appropriate sound isolation as required for new condominiums under the Building Code.  Project: 1^st permit, on single-family house, master bath addition; bathroom renovation on 3^rd floor to comply with NOV No. 200453961.  Project: 2^nd permit, on single-family house, dry rot framing and siding repair, refer to Building Permit Application No. 2004/10/01/5795 and NOV No. 200455119.  Permit Holder(s): Curt Sigfstead & Lara Witter. 

Subject property at 438 Clementina Street.  Permit issued on September 17, 2004.  Last day to appeal was October 4, 2004.  Jurisdiction request received on March 18, 2005.  Letter from Allison & Thomas Kohler, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2000/11/29/6742S. Permit Holder(s): Raul Arriaza.  Project: construction of     6-story, 20-unit residential/commercial building with 5,625sf of ground floor area.

CRYSTAL LEI, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

337 – 28^th Avenue.

Appealing the suspension on April 23, 2004, of Building Permit Application No(s). 2003/04/15/2287, 2003/07/15/9528, & 2003/05/27/5515.  Reason(s) for suspension: the scope of work and building information described on the building permit applications and approved plans does not reflect the actual condition and legal use of the building. 

PUBLIC HEARING HELD AUG. 18, 2004.

FOR FURTHER CONSIDERATION TODAY.

MICHAEL RABBITT, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

141 Willard Street North.

Appealing the denial on July 8, 2004 of Permit to Erect a Building (4-story, 2-unit building with 1,862sf of ground floor area).

APPLICATION NO. 2003/05/22/5280S.

FOR HEARING TODAY.

Note: On December 8, 2004, the Board voted 5-0 to overrule the Planning Commission’s denial of the demolition permit, and grant the demolition permit on condition that it be held in abeyance until the permit for the replacement structure is approved, and with a finding that a soundness report has been submitted which meets the 50 percent rule under the Planning Commission’s residential demolition guidelines.

JOANNE & DENIS DRISCOLL, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

111 Country Club Drive.

Protesting the issuance on December 2, 2004, to Joe & Maria Bonkowski, Site Permit to Alter a Building (on single-family house: demolish existing 1^st floor roof; add a 600sf 2^nd floor addition over part of existing 1^st floor; addition will include 2 bedrooms and 1 bathroom). 

APPLICATION NO. 2003/08/08/1594S.

NOTE: PUBLIC HEARING HELD & CLOSED MARCH 9, 2005.  CONTINUED FOR LACK OF QUORUM.  FOR FURTHER CONSIDERATION TODAY.

SEAN WHELAN, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

1520-1530 Larkin Street.

Appealing the denial on January 19, 2005, of Lot Size Variance (split the existing lot, which measures 40’ wide and 133’ deep and contains one 6-unit building, into two lots that would each be less than 25’ wide; each lot would contain one 3-unit building).

VARIANCE CASE NO. 2004.0679V.

NOTE: PUBLIC HEARING HELD & CLOSED MARCH 30, 2005.  BOARD INDICATED INTENTION TO OVERRULE DENIAL OF VARIANCE.  FOR FURTHER CONSIDERATION & ADOPTION OF FINDINGS TODAY.

ZHANG PING GAO dba

“LOTUS FLOWER HEALTH CENTER”,

                                               Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

3800 Noriega St. / 1789 – 45^th Ave.

Appealing a Health Permit Zoning Referral (Acupuncture, Acupressure & Massage) dated October 4, 2004, addressed to Zhang Ping Gao, that Planning Code § 710.51 prohibits the use of a second floor in an NC-1 (Neighborhood Commercial) zoning district for a medical-related business purpose, and that Planning Code § 204 only allows a massage business in an NC-1 zoning district as a secondary use on the premises, which has another primary permitted use.

FOR HEARING TODAY.

BUSH & OCTAVIA REALTY, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT DISAPPROVAL

1801 Bush Street.

Appealing the denial on October 6, 2004, of Permit to Erect a Sign (6’ X 4’ sign, 8” thick, 120lbs in weight, with 24sf of total surface area, and 20sf of advertising space).

APPLICATION NO. 2004/06/08/5834.

FOR HEARING TODAY.

LEUNG TO CHOW, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION,

                                             Respondent

323 – 26^th Avenue.

Appealing a Notice of Decision by Dept. of Building Inspection Acting Director Jim Hutchinson, dated November 5, 2004, addressed to Leung to Chow and Chris Moscone, which states that an unlawful residential demolition has taken place at the subject property within the meaning of San Francisco Building Code §§ 103.3, 103.3.1, and 103.3.2, that Building Permit Application No(s). 2002/03/11/1078S1-5 & 2004/05/18/4138 are hereby revoked, and that a 5-year moratorium on the issuance of building permits is hereby imposed pursuant to San Francisco Building Code   § 103.3.1.

FOR HEARING TODAY.

ARKADY PIKOVSKY, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

261 – 26^th Avenue.

Appealing the denial on December 8, 2004, of Permit to Demolish a Building (2-story,  2-unit residential building with 1,163sf of ground floor area).

APPLICATION NO. 2003/01/10/4988.

FOR HEARING TODAY.

ARKADY PIKOVSKY, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

261 – 26^th Avenue.

Appealing the denial on December 8, 2004, of Site Permit to Erect a Building (4-story, 3-unit residential building with 2,070sf of ground floor area).

APPLICATION NO. 2003/01/10/4991S.

FOR HEARING TODAY.

PETER OVERMIRE, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

Subj. Prop. Owner(s): ROBERT MAHONEY

22 Alta Street.

Protesting a determination dated November 29, 2004, addressed to Alice Barkley at Luce Forward LLP, that since the Certificate of Appropriateness pursuant to Planning Commission Motion No. 16086 is predicated on a specific permit (Building Permit Application No. 9710066S), and since this permit is still valid, then the Certificate of Appropriateness is still valid.

FOR HEARING TODAY.

CAROL & DENNIS HAMBY, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

1400 – 1402 Cole Street.

Protesting the granting on December 6, 2004, to Edward Morris (Subject Property Owners Adel Mohammed Shalabi & Laura Fiene), Rear Yard, Usable Open Space & Non-complying Structure Variances (proposal is to construct a 3^rd floor addition containing a dwelling unit on a 2-story mixed-use (single-family residential over ground floor commercial) building.

VARIANCE CASE NO. 2003.0639V.

FOR HEARING TODAY.

JIM BUKER, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

515 Vermont Street.

Protesting the issuance on December 13, 2004, to Nick Wemyss, Permit to Alter a Building (on single-family house: add roof deck over existing roof; change existing window to sliding door on 2^nd floor).

APPLICATION NO. 2004/12/13/1237.

FOR HEARING TODAY.

VIACOM OUTDOOR, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

1111 Pennsylvania Avenue.

Appealing a Notice of Violation dated December 13, 2004, addressed to Tripe A Machine Shop Inc. & Viacom Outdoor, that the general advertising sign on the subject property is taller than 25 feet in height, that the face of the sign is larger than 1,344sf in size, and that the sign faces the freeway; these conditions do not comply with approved sign application no. 2000/09/22/1332, which in turn violates Planning Code § 174.

FOR HEARING TODAY.

DARRAGH KENNEDY

& YVONNE CURLEY, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1185 Valencia Street.

Protesting the issuance on December 23, 2004, to Brenden Robinson, Site Permit to Alter a Building (on 2-unit residential building: raise building approximately 22” to put in new 2-car garage and extra room down for lower unit (internal stair will be provided); plumbing, electrical and mechanical upgrades).

APPLICATION NO. 2004/02/12/6237S.

FOR HEARING TODAY.

L-J SF INVESTMENTS LLC, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

1635 California Street.

Appealing a determination dated December 23, 2004, addressed to Leo Cassidy, that since a building permit has already been issued for the project (7-story building with 36 dwelling units, ground floor retail or commercial space of up to 4,950sf, and 2 floors of underground parking with up to 53 off-street parking spaces), the in-lieu fee option under Planning Code §315.6 is no longer available for this project, and that the required affordable units must either be provided on-site or off-site as set forth under Planning Code § 315.

APPLICATION NO.

FOR HEARING TODAY.

WALTER FINCH, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT DISAPPROVAL

555 Buena Vista West.

Appealing the denial on Jan. 18, 2005, of Permit to Alter a Building (on 41-unit apartment building: window replacement, remainder of all units; all sides except non-weather exposed front of building).

APPLICATION NO. 2004/09/20/4587.

FOR HEARING TODAY.

DANIEL SILVIA

& THOMAS CHEEK, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

3775 – 21^st Street.

Protesting the granting on January 10, 2005, to Wessel Associates (Dewey Tong Revocable Trust & Keith Grenzeback, Subject Property Owners), Front Setback & Rear Yard Variances (construction of a 3^rd story vertical addition at the existing 2-story single-family dwelling).

VARIANCE CASE NO. 2004.0466V.

FOR HEARING TODAY.

LINA RADAVERO, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

1695 – 25^th Avenue.

Protesting the issuance on February 22, 2005, to Donna & Henry Jung, Site Permit to Alter a Building (on 2-unit building: 3^rd floor addition).

APPLICATION NO. 2003/10/16/7721S.

FOR HEARING TODAY.