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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, DECEMBER 17, 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: 

(3A)    REHEARING REQUEST:                        

Taxi Medallion No(s). 129; Appeal No(s). 02-020; Adams vs. Taxi Commission

Letter from John Feldmann III, Attorney for David Adams, Appellant(s), requesting rehearing of Appeal No(s). 02-020, decided June 25, 2003.  At that time, upon motion by Commissioner Saunders, the Board voted 3-2 (Commissioners Shoemaker & Sugaya dissented) to overrule the Taxi Commission and add the appellant’s name to the subject medallion.  Four votes being required under Charter § 4.106 to overturn or modify a departmental action, the motion failed, and the Taxi Commission’s denial of the request to add the appellant’s name to medallion no. 129 was upheld. 

 

(3B)  REHEARING REQUEST:                         

2776 Mission Street; Appeal No(s). 03-013; Low vs. DBI, Planning Dept. Disapproval                                                    

Letter from Dan Sullivan, Agent for Appellant Dennis Low, requesting a rehearing of Appeal No(s). 03-013, decided May 21, 2003.  At that time, upon motion by Commissioner Shoemaker, the Board voted 2-3 (President Chin, Vice President Harrington & Commissioner Saunders dissented) to uphold the denial of the subject permit.  Four votes being required under Charter     § 4.106 to overturn any departmental action, the denial of the subject permit was upheld.  Project: abate Notice of Violation No. 200232430; install front roll up gate; remove existing wall to replace existing 2’6” door with a new 3’0” door and 4X8 header with accessible door hardware; the gate is for security purposes, thus closed grill; retail open from 9am to 9pm.

 

(3C)  ADOPTION OF FINDINGS:                         

3632-3638 Sacramento Street; Appeal No(s). 03-122; Bulkley vs. DBI, Planning Dept. Disapproval                                                    

Proposed findings submitted by Mary Murphy, attorney for appellant.  For discussion and adoption.  Note: On Dec. 3, 2003, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the denial, and grant the permit with adoption of findings on Dec. 17, 2003.  Project: on two-story office/residential building: level two of the subject property has been used for offices since about 1976; the purpose of this application is to bring the zoning classification into conformance with the longtime use as offices; no construction; no work. 

 

(4)    APPEAL NO. 03-077

MARK ONG, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

§ 14 Parties: N/A (Mandatory DR)

2545 Greenwich Street.

Appealing the denial on May 28, 2003, of Permit to Alter a Building (interior modification to combine 2 units into 1 unit, resulting in a 2-unit building; no additional space is created; no exterior changes).

APPLICATION NO. 2002/09/12/6333.

FOR HEARING TODAY.

 

(5)   APPEAL NO. 03-133

ISHTIAQ BOKHARI, Appellant(s)

                        vs.

TAXI COMMISSION, Respondent

 

Appealing the revocation on August 18, 2003, of a Driver of Public Passenger Vehicle for Hire Permit.

RESOLUTION NO. 2003-65.

FOR HEARING TODAY.

 

(6)     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.

Note: The Board voted 4-0-1 on April 2, 2003 to uphold the subject permit due to non-appearance of appellant.  On April 30, 2003, the Board voted 5-0 to grant the appellant’s rehearing request.  At the rehearing of June 4, 2003, the Board voted to place the matter on the Call of the Chair so that the parties could work on an agreement.  Both parties have now requested that the matter be brought back to the Board.

FOR REHEARING TODAY.

 

(7)    APPEAL NO. 03-126

KEITH MATTOS, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL

333 Ulloa Street.

Protesting the issuance on August 11, 2003, to Miranda Li, Permit to Alter a Building (alter and add bath on 2nd floor; add a bedroom on ground floor; legalize bath and bedroom on ground floor; add single level deck at rear of 2nd floor; add 4 skylights over bath and kitchen).

APPLICATION NO. 2003/08/11/1664.

Note:  On Oct. 29, 2003, the Board voted    4-0-1 (President Chin absent) to uphold the subject permit due to the non-appearance of the appellant.  And on Dec. 3, 2003, the Board voted 4-0-1 (Commissioner Saunders absent) to grant the appellant’s rehearing request.

FOR REHEARING TODAY.

 

(8)    APPEAL NO. 03-119

LAMBERT LEE, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

§ 14 Parties: N/A (Mandatory DR)

540 – 8th Avenue.

Appealing the denial on August 5, 2003 of Permit to Demolish a Building (two-story single family house with 764sf of ground floor area).

APPLICATION NO. 2002/12/09/3108.

FOR HEARING TODAY.

 

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

(9A)   APPEAL NO. V03-132

WILLIAM CANIHAN, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

 

 

891 Carolina Street.

Appealing the denial on August 22, 2003, of a Front Setback Variance (proposal is to construct a new 3rd level that intrudes into the required front setback area; the project also proposes a new 4th level addition, and one additional dwelling unit on an existing single-family, two-story over garage structure, which are not subjects of the variance request).

VARIANCE CASE NO. 2002.0933V.

FOR HEARING TODAY.

(9B)   APPEAL NO. 03-137

WILLIAM CANIHAN, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

 

 

891 Carolina Street.

Appealing a determination dated August 20, 2003, disapproving Building Permit Application No(s). 2002/05/08/6090 (construction of a 2nd dwelling unit, and a 2-story vertical and horizontal addition on an existing single-family, two-story over garage structure).

FOR HEARING TODAY.

(9C)    APPEAL NO. 03-155

WILLIAM CANIHAN, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

§ 14 Party:  KRISTINE GARDNER

891 Carolina Street

Appealing the denial on Sept. 30, 2003, of Site Permit to Alter a Building (substantial alteration of existing dwelling from one unit to two units; addition of top story).

APPLICATION NO. 2002/05/08/6090S.

FOR HEARING TODAY.

 

(10)    APPEAL NO. 03-167

STEVEN FIKE & KEY FIKE, Appellant(s)

                        vs.

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

2257 Filbert Street.

Appealing the denial on September 29, 2003, of Permit to Remove & Replace One Tree.

ORDER NO. 174,406.

FOR HEARING TODAY.

 

(11)    APPEAL NO. 03-087

BILL & LUBA GOWER, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

 

 

2250 Jackson Street.

Appealing a determination dated May 20, 2003, addressed to Gary Bell, that the legal use of the subject property is a 5-unit apartment building based on available prior building permits and land use records. 

FOR HEARING TODAY.

 

(12)    APPEAL NO. 03-179

ROBERT GROW, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

1835 – 19th Avenue.

Protesting the issuance on October 3, 2003, to Al Chang-Liang, Permit to Demolish a Building (two-story single-family house with 900sf of ground floor area).

APPLICATION NO. 2002/10/25/9921.

FOR HEARING TODAY.

 

(13)     APPEAL NO. V03-180

EVELYN KAHL, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

 

 

565 Diamond Street.

Appealing the conditions placed on a Rear Yard Variance granted on October 15, 2003 (construction of a two-story rear extension within the required 5-foot side setback).

VARIANCE CASE NO. 2003.0541V.

FOR HEARING TODAY.

 

ITEMS (14A) & (14B) SHALL BE HEARD TOGETHER:

(14A)    APPEAL NO. 03-181

GERALDINE & RICHARD MEISTER, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

660 – 28th Street.

Protesting the issuance on October 10, 2003, to James McFadden, Site Permit to Erect a Building (two-story single family house with 1,464sf of ground floor area).

APPLICATION NO. 2002/03/20/1928S.

FOR HEARING TODAY.

(14B)    APPEAL NO. 03-182

GERALDINE & RICHARD MEISTER, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

662 – 28th Street.

Protesting the issuance on October 10, 2003, to James McFadden, Site Permit to Erect a Building (two-story single family house with 1,464sf of ground floor area).

APPLICATION NO. 2002/03/20/1926S.

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.

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. 

Additional Note:  The Board of Appeals will have its annual holiday luncheon at Kelly’s Mission Rock resort, 817 China Basin, at noon on Dec. 17, 2003.  For information, please call Robert Feldman, Executive Secretary, at 415-575-6880.

Date posted:  December 11th, 2003