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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, OCTOBER 5, 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:                                                    

Taxi Medallion No. 207.  Letter from Joseph Breall, appellant(s), requesting rehearing of Appeal No(s). 05-033, Breall vs. TC, decided May 18, 2005.  At that time, upon motion by Commissioner Garcia, the Board voted 3-2 (Vice President Saunders and Commissioner Fung dissented) to uphold the Taxi Commission’s revocation of the subject medallion. 

 

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

Subject property at 260 Kearny Street, 2nd Floor.  Health Permit Zoning Referral issued by Zoning Administrator on July 20, 2005.  Last day to appeal was August 4, 2005.  Jurisdiction request received on     August 24, 2005.  Letter from Tony Fong, agent for Yue Zhen Ou, requestor(s), asking that the Board take jurisdiction over a Health Permit Zoning Referral which disapproves the proposed massage establishment use at the subject property. 

 

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

Subject Property at 640 London Street.  Permit issued on July 14, 2005.  Last day to appeal was July 29, 2005.  Jurisdiction request received on August 31, 2005.  Letter from Sieu Ta, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/07/14/7618 for the purpose of filing a penalty appeal. 

 

(3d)  REHEARING REQUEST:                                                    

Subject property at 1301 – 18th Street.  Letter from Marwon Halteh, agent for Elias Han Han, appellant, requesting rehearing of Appeal No(s). 05-091, Han Han dba “New Potrero Market vs. DPH”, decided July 27, 2005.  At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to overrule the Dept. of Public Health’s 45-day suspension, and instead impose a 10-day suspension. 

 

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

Subject Property at 900 Ulloa Street and 290 Lenox Way.  Permit issued on Nov. 2, 2004.  Last day to appeal was Nov. 17, 2004.  Jurisdiction request received on Sept. 8, 2005.  Letter from Florence Fung, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2004/03/10/8279S.  PermitoldeHolder(s): City & County of San Francisco.  Project:  remodel of and addition to a 6,786sf public library (West Portal branch).

 

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

Subject Property at 1294 Union Street.  Permit issued on June 22, 2005.  Last day to appeal was July 7, 2005.  Jurisdiction request received on Sept. 15, 2005.  Letter from Eddy & Anita Mamoun, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/06/22/5759.  PermitoldeHolder(s): David Lichman & Margaret Mak.  Project:  on single-family house; horizontal addition; install new deck.  Note: Appeal 05-158, Mamoun vs. DBI, PDA, filed on Sept. 15, 2005 against BPA No. 2005/09/12/2556 (revision to BPA No. 2005/06/22/5759), is currently scheduled for hearing on Nov. 9, 2005.  If this request is granted, the new appeal will also be scheduled for Nov. 9, 2005.

 

(3g)  ADOPTION OF FINDINGS:                                                 

Subject Property at 575 – 25th Avenue.  Appeal No. 05-112, Chan vs. DBI, PCD, decided September 14, 2005.  At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the subject permit with revised plans and the following condition(s): a) that the full bath at basement level be changed to a ½ bath; b) that the Japanese maple trees in the back yard be retained; c) that hours of construction be limited to 8am to 6pm, Monday through Friday; and d) that the 3 foot light well be expanded to 5 feet.  § 14 Parties: Beth Lewis & Richard Lowden.  Project: on single-family house; two-story horizontal addition to rear of existing building as per plan; one-story additional height to existing building as per plan; BPA No. 2003/08/26/3071S.

 

(3h)  REHEARING REQUEST:                                                    

Various locations.  Letter from Jim Heard, attorney for Verizon Wireless, appellant(s), requesting rehearing of Appeal No. 05-083, Verizon Wireless vs. DPW BSM, decided Sept. 7, 2005.  At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the denial of the subject utility conditions permit.

(3i)  REHEARING REQUEST:                                                     

Subject Property at 2615-2623 Pacific Avenue.  Letter from David Silverman, attorney for Paul Chow, appellant(s), requesting rehearing of Appeal No. 05-122, Chow vs. DBI, PCD, decided August 24, 2005.  At that time, upon motion by Commissioner Knox, the Board voted 2-2-1 (President Sugaya concurring, Commissioners Fung and Garcia dissenting, Commissioner Albright absent) to uphold the denial of the subject permit.  Four votes being required to overturn a departmental action under Charter § 4.106, the denial of the permit by the Planning Commission was upheld.  Project: convert existing 5-unit apartment building into a single-family house; remove existing rear stair and roof; add new stair, elevator and roof; re-arrange existing units, size and location; excavate existing basement; alter existing elevation; sprinklers under separate permit, B.P.A. No. 2003/06/22/7590.

 

(4)  APPEAL NO. 05-098

VIACOM OUTDOOR, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

2240 Lombard Street.

Appealing a determination dated May 24, 2005, addressed to Jacky Yan at Fortune America Inc. (New Subject Property Owners Simon Kwan et al.) concerning the legal status of the general advertising sign currently located on the west wall of the subject property.

FOR HEARING TODAY.

 

  ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:

 

(5A)  APPEAL NO. 05-106

COLLINS O’NEILL, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

 

586 Lisbon Street.

Appealing the denial on June 16, 2005, of Permit to Demolish a Building (2-story single family house with 1200sf of ground floor area).

APPLICATION NO. 2002/06/12/8820.

FOR HEARING TODAY.

 

(5B)  APPEAL NO. 05-107

COLLINS O’NEILL, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

 

586 Lisbon Street.

Appealing the denial on June 16, 2005, of Site Permit to Erect a Building (3-story single family house with 1220sf of ground floor area).

APPLICATION NO. 2002/06/12/8815S.

FOR HEARING TODAY.

 

(6)  APPEAL NO. 05-108

DEL-CAMP INVESTMENTS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

 

 

578-592 Jersey Street.

Appealing the revocation on November 16, 2004, of Building Permit Application No. 2004/01/27/4922.  Reason(s) for revocation: the subject permit was issued in error since it was disapproved by the Planning Department because the proposed vinyl windows are inappropriate for the building.

JURISDICTION GRANTED JUNE 8, 2005.

FOR HEARING TODAY.

 

 (7)  APPEAL NO. 05-119

JOHN RITT, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

 

 

 

333 Greenwich Street.

Appealing the denial on July 11, 2005, of Permit to Alter a Building (on 6-unit apartment building: merge units #3 and #4 into one unit; remove one kitchen in studio and convert kitchen to bedroom; convert one bedroom to dining room and other changes shown on drawings; no structural work; work includes partitions and finishes).

APPLICATION NO. 2005/03/01/6477S.

FOR HEARING TODAY.

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

(8A)  APPEAL NO. 05-143

KEN SMALDONE, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2011 – 9th Avenue.

Protesting the issuance on August 10, 2005, to Thomas Swingle, Site Permit to Alter a Building (on single-family house: remodel kitchen, bath, and playroom; add 3rd level with study, 2 bedrooms and 2 baths).

APPLICATION NO. 2003/07/31/0919S.

FOR HEARING TODAY.

 

(8B)  APPEAL NO. 05-144

TOMOMI KATO, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2011 – 9th Avenue.

Protesting the issuance on August 10, 2005, to Thomas Swingle, Site Permit to Alter a Building (on single-family house: remodel kitchen, bath, and playroom; add 3rd level with study, 2 bedrooms and 2 baths).

APPLICATION NO. 2003/07/31/0919S.

FOR HEARING TODAY.

(9)  APPEAL NO. 05-145

DONALD WILSON, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

849 Sanchez Street.

Protesting the issuance on August 2, 2005, to Mark Miller, Site Permit to Alter a Building (on single-family house: addition at front of house; windows; remodel front of house; complete remodel of interior; remove illegal unit from use and combine with rest of house).

APPLICATION NO. 2004/07/23/9652S.

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:  September 29th, 2005