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City and County of San FranciscoBoard of Appeals

Meeting Information



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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, APRIL 2, 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: None.

(4) 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.

(4A) APPEAL NO. 03-017

    RICHARD JONES, Appellant(s)

          vs.

    DEPT. OF BUILDING INSPECTION,

    Respondent

    PLANNING DEPT. APPROVAL

    [500 Columbus Avenue.

    [Appeal for refund of penalty imposed on Jan. [31, 2003 for plumbing & mechanical work [done without a permit on a commercial [building.

    [PERMIT NO. P434472.

    [FOR HEARING TODAY.

(5) APPEAL NO. 02-063

    ERIC YOUNG

    dba "SF BATTLE ZONE", Appellant(s)

      vs.

    ZONING ADMINISTRATOR, Respondent

    [1968 Powell Street (583 Lombard Street).

    [Appealing a Notice of Violation dated March 26, [2002, addressed to Gan Woo Wong, that the small [grocery store at the subject property has been [converted into an internet café without benefit of a [permit, in violation of Planning Code § 722.48 which [requires conditional use (CU) authorization for "Other [Entertainment Uses" in the North Beach [Neighborhood Commercial Zoning District.

    [PUBLIC TESTIMONY HEARD NOV. 13, 2002, & [FEB. 26, 2003.

    [FOR FURTHER CONSIDERATION TODAY.

(6) APPEAL NO. 02-096

    RAFAEL MIRANDA, Appellant(s)

          vs.

    ZONING ADNMISTRATOR, Respondent

    [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.

(7) APPEAL NO. 02-201

    JAMES VIEGAS, Appellant(s)

          vs.

    DEPT. OF BUILDING INSPECTION,

    Respondent

    PLANNING DEPT. APPROVAL

    [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.

    [FOR HEARING TODAY.

ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:

(8A) APPEAL NO. 02-239

    KENNETH FONG, Appellant(s)

      vs.

    DEPT. OF BUILDING INSPECTION, Respondent

    PLANNING DEPT. APPROVAL

    [31 Fairmount Street.

    [Protesting the issuance on December 11, [2002, to Ronald Wallace, Site Permit to [Erect a Building (3-story, single family [residence, 35' in height).

    [APPLICATION NO. 2000/08/07/7174S.

    [FOR HEARING TODAY.

(8B) APPEAL NO. 02-241

    MORRIS & BRENDA ABBOTT, Appellant(s)

      vs.

    DEPT. OF BUILDING INSPECTION, Respondent

    PLANNING DEPT. APPROVAL

    [31 Fairmount Street.

    [Protesting the issuance on December 11, [2002, to Ronald Wallace, Site Permit to [Erect a Building (3-story, single family [residence, 35' in height).

    [APPLICATION NO. 2000/08/07/7174S.

    [FOR HEARING TODAY.

(9) APPEAL NO. 03-010

    MICHAEL MA, Appellant(s)

          vs.

    ZONING ADMINISTRATOR, Respondent

    Subject Prop. Owner(s): ROGER

    REYNOLDS

    [2750 Lake Street.

    [Appealing the determination dated Jan. 6, 2003, [addressed to Sue Hestor, attorney for [Appellant, that the proposal to construct a 2nd [story above the existing garage on this [detached single family house, if either street [frontage was to be elected as the front lot line, [that portions of the existing building would occur [within the required rear yard, and thus be non-[conforming; therefore, electing a front line [parallel to 29th Avenue would allow for the [proposal to comply with Planning Code §§ [172(b) & 173(b).

    [FOR HEARING TODAY.

(10) APPEAL NO. 03-014

    LAURA JAFFE Appellant(s)

          vs.

    DEPT. OF BUILDING INSPECTION,

    Respondent

    PLANNING DEPT. APPROVAL

    [1256-1258 Lombard Street.

    [Protesting the issuance on January 13, 2003, to [Jeff Galvan, Permit to Alter a Building (on 2-unit [residential building: remove illegal kitchen in [garage area, cap all utilities at source, remove [non-load bearing walls and convert to storage; [legalize bathroom).

    [APPLICATION NO. 2003/01/13/5090.

    [FOR HEARING TODAY.

(11) APPEAL NO. 03-015

    SANGIACOMO

    ROSETTA LIVING TRUST, Appellant(s)

          vs.

    DEPT. OF BUILDING INSPECTION,

    Respondent

    PLANNING DEPT. DISAPPROVAL

    [3366 Sacramento Street.

    [Appealing the denial on Jan. 30, 2003, of [Permit to Alter a Building (on 2-unit [residential/retail building: change of use permit; [provide new sprinkler for 1hr protection and [new ¾ hr property line protection windows).

    [APPLICATION NO. 2001/04/25/7697.

    [FOR HEARING TODAY.

(12) APPEAL NO. 03-018

    VIVIAN NAPIER, Appellant(s)

          vs.

    DEPT. OF BUILDING INSPECTION,

    Respondent

    PLANNING DEPT. APPROVAL

    [278 Flood Avenue.

    [Protesting the issuance on Jan. 21, 2003, to [Daphine Qiu, Site Permit to Alter a Building (on [single-family house; on 2nd floor: remodel floor, [add horizontal addition of 2 bedrooms and 1 [bathroom and wooden deck; on ground floor: [install exercise room behind garage, and [horizontal addition of 2 bedrooms, 1 bathroom, [and a light court with stairs).

    [APPLICATION NO. 2002/05/06/5780S.

    [FOR HEARING TODAY.

(13) APPEAL NO. 03-019

    LIKE LIU, Appellant(s)

          vs.

    DEPT. OF BUILDING INSPECTION,

    Respondent

    PLANNING DEPT. APPROVAL

    [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.

    [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: March 27, 2003