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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, AUGUST 10, 2005

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) REHEARING REQUEST:

Subject property at 2350 Turk Street. Letter from Stephen Ledoux, attorney for Sprint PCS, appellant(s), requesting rehearing of Appeal No(s). 05-035, Sprint PCS vs. ZA, decided April 20, 2005. At that time, upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the Zoning Administrator's Permit Suspension Request. Reason(s) for suspension: Building Permit Application No(s). 2004/01/30/5271 was approved in error by the Planning Department without the required review or public hearing.

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

Subject property at 1166 Haight Street #11. Permit issued on June 21, 2005. Last day to appeal was July 6, 2006. Jurisdiction request received July 22, 2005. Letter from Olivia Platford, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/06/21/5631. Permit Holder(s): Dennis McCarthy. Project: on multi-unit apt. building, remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath.

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

Subject property at 901 Bush Street. Permit issued on June 3, 2005. Last day to appeal was June 20, 2005. Jurisdiction request received July 6, 2005. Letter from Daisy MacArthur & Charles Rathbone, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/06/03/4112. Permit Holder(s): Lantana Ltd. Project: correct City records to establish use as 38 dwelling units.

(4) APPEAL NO. 04-112

PATRICK STOREY, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

674 - 5th Avenue.

Protesting the issuance on August 9, 2004, to Lan Wong, Permit to Alter a Building (on single-family house: new emergency walkway (new deck) at the rear of the cottage on top of existing roof deck; comply with NOV No(s). 200449859; separate permit required for Nov No(s). 200451719; no work on front building).

APPLICATION NO. 2004/06/02/5354.

PUBLIC HEARING HELD & CLOSED ON NOV. 17, 2004. FOR FURTHER CONSIDERATION TODAY.

Note: On Nov. 17, 2004, the Board continued this case to Call of Chair so the permit holder could meet with DBI to resolve the other code violations on the subject property. And on July 27, 2005, the Board continued this case to Aug. 10, 2005 in order for DBI to conduct another site visit.

(5) APPEAL NO. 04-155

ZHANG PING GAO dba

"LOTUS FLOWER HEALTH CENTER",

Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

3800 Noriega St. / 1789 - 45th 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.

PUBLIC HEARING HELD & CLOSED ON APRIL 13, 2005. FOR FURTHER CONSIDERATION TODAY.

Note: On April 13, 2005, the Board continued this case to July 13, 2005 to allow the appellant time to find another location for their business. Then due to the cancellation of the July 13, 2005 meeting, the case was continued to July 20, 2005. On July 20, 2005, the appellant's attorney submitted a written continuance request, and the Board granted another continuance to Aug. 10, 2005.

ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:

(6A) APPEAL NO. 05-084

NANCY DAVIS

& DONNA HITCHENS, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

464 - 30th Street.

Protesting the issuance on April 26, 2005, to Janet McGee, Site Permit to Alter a Building (on single-family house: add 3rd floor; extend 1st, 2nd, and 3rd floors; add two bay windows at front).

APPLICATION NO. 2004/03/10/8295S.

PUBLIC HEARING HELD & CLOSED ON JULY 27, 2005. FOR FURTHER CONSIDERATION TODAY.

(6B) APPEAL NO. 05-085

MARK & JOANNE MADSEN, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

464 - 30th Street.

Protesting the issuance on April 26, 2005, to Janet McGee, Site Permit to Alter a Building (on single-family house: add 3rd floor; extend 1st, 2nd, and 3rd floors; add two bay windows at front).

APPLICATION NO. 2004/03/10/8295S.

PUBLIC HEARING HELD & CLOSED ON JULY 27, 2005. FOR FURTHER CONSIDERATION TODAY.

Note: On July 27, 2005, the Board continued both cases to Aug. 10, 2005 to allow time for the permit holder to submit revised plans pursuant to the Board's comments.

(7) APPEAL NO. 05-092

ROLF KAISER, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

758 Haight Street.

Appealing a determination dated May 18, 2005, addressed to Vincent Labiano Abello, concerning the replacement of an existing legal, non-complying parking screen at the subject property.

PUBLIC HEARING HELD & CLOSED ON JULY 27, 2005. FOR FURTHER CONSIDERATION TODAY.

Note: On July 27, 2005, the Board continued this case to Aug. 10, 2005 to allow time for the ZA to further research the front setbacks of the adjacent properties.

(8) CONSENT ITEMS (DBI PENALTY):

With the consent of the Dept. 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.

(8A) APPEAL NO. 05-105

LARRY SHAMIS, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

593 - 42nd Avenue.

Appealing the imposition of penalty on June 16, 2005, for work done without a permit (on single-family house: removing of exterior stair; changing ground floor storage to ground floor entry; additional kitchen area of 35sf; relocation of existing door at main entrance porch; vinyl windows and door at main entrance porch; replacement of garage door).

APPLICATION NO. 2003/05/13/4509.

FOR HEARING TODAY.

ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:

(9A) APPEAL NO. 04-103

SHING KIT LEE, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

§ 14 Party: N/A

120 Maynard Street.

Appealing the denial on August 3, 2004, of Permit to Demolish a Building (2-story single family house with 1,235sf of ground floor area).

APPLICATION NO. 2002/11/22/2107.

FOR HEARING TODAY.

(9B) APPEAL NO. 04-104

SHING KIT LEE, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

§ 14 Party: N/A

120 Maynard Street.

Appealing the denial on August 3, 2004, of Permit to Erect a Building (3-story single family house with 1,089sf of ground floor area).

APPLICATION NO. 2002/11/22/2105S.

FOR HEARING TODAY.

(10) APPEAL NO. 05-068

DON PUTNAM

& SUSANN KELLISON, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

212 Union Street.

Appealing a Permit Suspension Request dated April 14, 2005, addressed to Acting Director Jim Hutchinson of the Dept. of Building Inspection, asking that all active building permits at the subject property be suspended. Reason(s) for suspension: Planning Department staff believes that work has taken place which exceeds the scope of the active building permits.

FOR HEARING TODAY.

(11) APPEAL NO. 05-075

PAT BUSCOVICH, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

2201 Baker Street.

Protesting the issuance on April 12, 2005, to Hassan Kangarloo, Permit to Alter a Building (on 13-unit residential/tourist hotel: change of occupancy class only, to single-family dwelling; no construction to take place on property; all drawings are shown "as-built"; building has full sprinkler suppression system).

APPLICATION NO. 2005/04/12/9782.

FOR HEARING TODAY.

(12) APPEAL NO. 05-082

TIBOR VOZAR, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

643 Greenwich Street.

Protesting the issuance on April 21, 2005, to Kara Parsons, Site Permit to Alter a Building (on single-family house: add two stories on top of existing two-story building).

APPLICATION NO. 2002/11/27/2429S.

FOR HEARING TODAY.

(13) APPEAL NO. 05-099

KIRBY SACK, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

168 Henry Street.

Protesting the issuance on May 25, 2005, to Jared Vermeil, Permit to Alter a Building (on two-unit residential building: replace existing windows with doors; add deck/rail on existing roof).

APPLICATION NO. 2005/05/25/3427.

FOR HEARING TODAY.

(14) APPEAL NO. 05-100

STEVE WONG, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

520 Columbus Avenue.

Appealing the denial on June 8, 2005, of Permit to Alter a Building (submission for Section 312 neighborhood notification / change of use and formula retail review; there will be no alterations under this permit; all tenant improvements and ADA compliance will be submitted under a future permit upon approval of this submittal).

APPLICATION NO. 2005/01/07/2758.

FOR HEARING TODAY.

(15) APPEAL NO. 05-101

HOWARD SCHINDLER, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

1074-1078 Francisco Street.

Appealing a determination dated May 26, 2005, addressed to Howard Schindler and Marcella Cluff, that variance decision no. 2002.0193V is void due to failure to implement within 3 years, and that the project must either be modified so as to not require a variance, or that a new variance application be filed which limits the expansion of the non-conforming units to minimal exterior deck areas.

FOR HEARING TODAY.

ADJOURNMENT.

Note: Each item on this agenda may include the following documents: 1) Preliminary Statement of Appeal and Appellant's Brief; 2) Permit Holder's, Respondent's or Other Parties' Brief; 3) Appellant's Reply; 4) Departmental decision, order, permit, determination, resolution, or notice of violation; and 5) Correspondence. These items are available for review at the Board's office, 1660 Mission Street, Room 3036, front counter. Please call 415-575-6880 if you have any questions concerning this agenda.

Date posted: August 4th, 2005