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 3148 Geary Boulevard.  Permit issued on January 12, 2005.  Last day to appeal was January 27, 2005.  Jurisdiction request received on February 9, 2005.  Letter from Robert Link, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s).2002/07/17/1660S. Permit Holder(s): William & Richard Wong.  Project:  construction of a 4-story, 7-unit apartment building with retail/commercial.

Subject property at 1244-1268 Sutter Street.  Letter from Lawrence Badiner, Zoning Administrator, requesting rehearing of Appeal No(s). 04-132, Joseph vs. ZA, decided Feb. 2, 2005.  At that time, upon motion by Commissioner Fung, the Board voted 3-1 (Acting President Sugaya dissented) to overrule the subject determination with a finding that the current use of the subject property is not office use, and instead resembles an arts activity under the Planning Code. 

ZA determination: that the proposed office expansion at 1268 Sutter Street requires a Planning Code § 321 application for office space and a Conditional Use (CU) application for change of use above the ground story.  Appellant(s): Alison Joseph.

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.

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.

MIRKO BUCHWALD, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

2051 Balboa Street.

Appeal for refund of penalty imposed on Jan. 19, 2005 for work done without a permit (on 3-unit residential / commercial building: add walls, handrails, and benches as noted; cap plumbing as noted; new electrical work as noted; remove two commercial units and shower; comply with NOV no. 200338266).

APPLICATION NO. 2003/06/22/7594.

FOR HEARING TODAY.

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.

ANTHONY DUMONT, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

155 Westwood Drive.

Appealing a Notice of Decision by Dept. of Building Inspection Director Frank Chiu, dated April 19, 2004, revoking Building Permit Application No(s). 2003/05/19/4954, 2003/08/05/1263, and 2003/08/21/2731.  Reason(s) for revocation: construction at the subject property exceeded the scope of the first two permits; and the third permit was issued in error due to false information supplied by the permit applicant. 

FOR HEARING 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.

KERI EVILSIZOR, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

137-139 Cook Street.

Protesting the issuance on August 4, 2004, to Joseph Tierney, Permit to Alter a Building (on 2-unit building: raise building to create new garage in existing basement; and add new 3^rd floor unit). 

APPLICATION NO. 2002/06/07/8509S.

FOR HEARING TODAY.

JOHN BRENNAN, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

1420 Haight Street.

Appealing a determination dated August 17, 2004, addressed to Matthew Brennan (Subject Property Owner Mehran Ismaili), that the notification and hearing for Conditional Use (CU) Motion No. 16593, which adds 2,300sf of retail space to the existing 3,300sf shoe store at the subject property, was properly performed, and thus it is not necessary to halt construction as authorized under CU Motion.

FOR HEARING TODAY.

DYANN TRESENFELD

& ED WALDRUP, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT DISAPPROVAL

7 Danvers Street.

Appealing the denial on October 20, 2004, of Permit to Alter a Building (on 5-unit residential building plus housekeeping unit: legalize kitchen in housekeeping unit).

APPLICATION NO. 2004/04/13/1110.

FOR HEARING TODAY.

CARMINE FIORE, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

3910 - 22^nd Street.

Protesting the issuance on November 17, 2004, to Sergio Iantorno, Site Permit to Alter a Building (on single-family house: horizontal addition).

APPLICATION NO. 2004/03/02/2506S.

FOR HEARING TODAY.

ELLEN TSANG, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

2650 Hyde Street.

Protesting the issuance on November 18, 2004, to Douglas Greenwood, Permit to Alter a Building (on a two-unit building: rehabilitation of deck and staircase).

APPLICATION NO. 2004/11/18/9555.

FOR HEARING TODAY.

ROBERTA STEWART,

MICHAEL STEWART,

& KENNETH STEWART, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

31 Mangels Avenue.

Protesting the issuance on November 23, 2004, to Frank Cook, Permit to Alter a Building (on single-family house: addition consisting of 21.5’ X 15’ on two stories to rear of existing house; partial renovation of interior; no change to front).

APPLICATION NO. 2003/07/30/0758.

FOR HEARING TODAY.

RICHARD MILLETT, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

695 Arkansas Street & Unimproved Portion of the 22^nd Street Right of Way.

Protesting the granting on November 29, 2004, to Mike Lanza, Front Setback Variance (proposal is to construct an addition on the southern side of the property within the required front setback).

VARIANCE CASE NO. 2004.0270V.

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.

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.