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.

Appeal No(s). 03-197, All City Construction Co. vs. DBI.  Subject property at 641 – 27^th Avenue.  Letter from Joel Yodowitz, attorney for All City Construction Co., appellant(s), requesting rehearing of Appeal No(s). 03-197, decided May 12, 2004.  At that time, upon motion by Commissioner Chin, the Board voted 2-3 to overrule DBI’s notice of decision with a finding that a demolition took place which exceeded the scope of the permit, but which did not constitute an unlawful demolition, with additional findings as stated into the record by Commissioner Chin.  Four votes being required to overturn a departmental action, the motion failed, and the decision by DBI was upheld.        Departmental Action:  Notice of Decision by Frank Chiu, Director of the Dept. of Building Inspection, dated Dec. 3, 2003, that an unlawful residential demolition has taken place at the subject property under Building Code §§ 103.3, 103.3.1 & 103.3.2, that BPA No. 2002/09/09/5995 is hereby revoked, and that a 5 year moratorium on the issuance of building permits is hereby imposed pursuant to Building Code § 103.3.1.

RAYMOND DEOCAREZA, Appellant(s)

                        vs.

TAXI COMMISSION, Respondent

Appealing the denial on August 9, 2004, of a request for reinstatement of a Driver of Public Passenger Vehicle for Hire Permit.

RESOLUTION NO. 2004-40.

FOR HEARING TODAY.

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.

DAGMAR & HERWIG COOLINS, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

876 Treat Avenue.

Appeal for refund of penalty imposed on July 20, 2004, for work done without a permit (on six-unit apartment building: remove two illegal units in garage area; cap all utilities at source; legalize one of the existing ½ bathrooms).

APPLICATION NO. 2004/04/28/2492.

FOR HEARING TODAY.

CATHERINE FERREIRA

& ANN FERREIRA, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

1120-1122 Vallejo Street.

Protesting the granting on Dec. 23, 2003, to Susan Lee, Jennifer Cherk & Jay Capela, Rear Yard Variance (on 2-family building: construction of an enclosed pavilion on the roof of the existing 3-story building and the enclosure of two areas at the rear of the building that are currently unenclosed).

VARIANCE CASE NO. 2003.0476DV.

Note: On March 24, 2004, the Board voted 5-0 to uphold the variance with the following condition(s): a) that the north portion of the roof be sloped to allow for more sunlight into the adjacent backyard; and b) that the front (south) elevation be redesigned to reflect the solid to void ratio of buildings of a similar nature.  On May 12, 2004, the Board voted 4-1 to grant the rehearing request by the appellants and to set the rehearing for June 30, 2004.

REHEARING HELD & CLOSED ON JULY 28, 2004.

FOR FURTHER CONSIDERATION TODAY.

MARVIN LAU, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

714 – 22^nd Street.

Appealing the denial on April 15, 2004, of a Permit to Alter a Building (on 3-unit residential building: install 12 vinyl windows in kind into existing frames; no structural changes; windows face front and are visible from the street; if applicable, bedroom windows shall comply with § 310.4 for rescue).

APPLICATION NO. 2004/04/15/1367.

Note:  On June 9, 2004, the Board voted to uphold the denial of the subject permit.  On July 21, 2004, the Board voted to grant the appellant’s rehearing request.

FOR REHEARING TODAY.

JUAN YANES

dba “CHARLES TOWING & MECHANICS”, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

1251 Thomas Avenue.

Appealing a Police Permit Zoning Referral (P51 Tow Car Firm) dated May 13, 2004, addressed to Juan Yanes, that the proposed use, tow car operator, requires Conditional Use Authorization (CU) in the Restricted Light Industrial (RLI) zoning district per Planning Code § 249.15(b)(2), and that such a use must be conducted within an area completely enclosed by a wall or concealing fence not less than 6 feet high.

FOR HEARING TODAY.

MARK MIRAVALLE, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

1021 Francisco Street.

Appealing the denial on May 28, 2004, of a Permit to Alter a Building (convert 2 residential units to single family unit; dwelling merger).

APPLICATION NO. 2003/05/30/5840.

FOR HEARING TODAY.

LAURA PERRAULT, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

32 Carson Street.

Appealing the partial denial of a Rear Yard Variance (proposal to reconstruct an existing non-complying room at the rear of the property that would include an increase in volume and a new roof form was denied; the proposal to reconstruct the same existing non-complying room at the rear without the increase in volume and without a new roof form was granted; the proposal to construct a new larger deck with a spiral staircase was also granted).

VARIANCE CASE NO. 2003.1242V.

FOR HEARING TODAY.

CHRISTIAN ARD

& REBECCA MOSHER, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

357 Howth Street.

Protesting the issuance on July 1, 2004, to Nikolai Massenkoff, Permit to Alter a Building (on single family house: replace and enclose back of house deck; provide siding below deck for storage space).

APPLICATION NO. 2003/04/21/2744.

FOR HEARING TODAY.

SANDRA LUGO, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

767 Lisbon Street.

Protesting the issuance on July 2, 2004, to Jian Nian Xu, Permit to Alter a Building (on single-family house: remove stove, counter with wet sink and refrigerator including all utility lines to source).

APPLICATION NO. 2004/07/02/7916.

FOR HEARING TODAY.

FERNANDO EVANGELHO, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

362 Cumberland Street.

Protesting the issuance on July 7, 2004, to Mark Thomas, Permit to Alter a Building (on single-family house: horizontal extension at rear, vertical addition, and interior remodeling).

APPLICATION NO. 2003/06/09/6547S.

FOR HEARING TODAY.