2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, NOVEMBER 12, 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.
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(2) COMMISSIONERS COMMENTS:
(3) ADDENDUM ITEMS:
(3A) 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 motion passed and 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.
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(3B) REHEARING REQUEST:
Appeal No(s). 02-030; 50 – 8th Street; Foster Media vs. Zoning Administrator
Letter from Christopher Moscone, agent for Foster Media, Appellant, requesting rehearing of Appeal No(s). 02-030, decided June 19, 2002. Upon motion by Vice President McInerney, the Board voted 2-3 (Commissioner Cullum, Commissioner Saunders & Commissioner El Qadah dissented) to uphold the subject determination. Four votes being necessary to overturn any departmental action under Charter § 4.106, the motion passed and the subject determination was upheld. Determination: that the subject Building Permit Application for a general advertising sign is disapproved because the subject property is visible from, and located within 200 feet of the Market Street Special Sign District.
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(3C) REHEARING REQUEST:
Appeal No(s). 03-092; NW Corner of Haight & Masonic; Olson vs. DPW BSM
Letter from Carl Olson, appellant, requesting rehearing of Appeal No(s). 03-092, decided October 8th, 2003. At that time, upon motion by Commissioner Saunders, the Board voted 4-1 (Vice President Harrington dissented) to uphold the subject permit on condition that the Dept. of Public Works Bureau of Street-Use & Mapping (DPW BSM) consider moving the site closer to the corner. Permit Type: automatic public toilet.
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(3D) REHEARING REQUEST:
Appeal No(s). 03-108 & 03-116; 701 Lombard Street; Telegraph Hill Dwellers vs. ZA
Letter from Paul Scott, President of Telegraph Hill Dwellers, appellant, requesting rehearing of Appeal No(s). 03-108 & 03-116, decided October 8th, 2003. At that time, upon motion by President Chin, the Board voted 5-0 to uphold the subject determination with negative declaration findings as read into the record by President Chin, and 5-0 to uphold the subject variance. Determination: that the Mason Street frontage shall be used for measurement of height per Planning Code § 102.12(d), that a minimum of 2 building steps is required for measurement purposes per Planning Code § 260(a)(3), and that the rear of the lot for height measurement is located where the Lombard Street & Columbus Avenue frontages converge. Variance Type: Usable Open Space Variance (demolish existing parking lot and construct a new four-story mixed-use building with nine residential units, two small ground floor retail spaces at the Columbus Avenue building corners, and nine off-street parking spaces at the ground floor).
Subject Property Owner(s): Martin Coyne & Brian O’Flynn.
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(3E) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
1524 Waller Street; Permit issued on August 20, 2003
Last day to appeal was Sept. 3, 2003; Jurisdiction request received Oct. 21, 2003
Letter from Proceso Emperio, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/08/20/2628. Project: rebuild existing rotten egress stairs at rear in kind per plans. Permit Holder(s): Cecilia Bolusan.
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(3F) 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.
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(3G) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 616 Shrader Street; Permit suspended on August 6, 2003.
Last day to appeal was August 21, 2003; Jurisdiction request received on Sept. 11, 2003.
Letter from Tom Katz, requestor(s), asking that the Board take jurisdiction over the suspension of Building Permit Application No(s). 2003/08/06/1364 & 2003/07/23/0191. Reason(s) for suspension: the first permit was approved erroneously, and the second permit requires further review by the Planning Dept. since both permits did not receive residential guideline review by Planning Dept. preservation technical specialists, which is required for the replacement of windows on architecturally significant buildings like the subject property.
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(3H) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at1018 Clayton Street; Permit issued on Sept. 22, 2003
Last day to appeal was October 8, 2003; Jurisdiction request received on October 23, 2003
Letter from Francis David Ryan, requestor, asking the Board to take jurisdiction over Building Permit Application No(s). 2003/09/2/5414. Project: construct 7’ X 36” high one-hour fire rated parapet on roof at south side. Permit Holder(s): Gunther Dertz.
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(3I) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Taxi Permit (A-Card) No(s). 051773; Revocation letter dated October 2, 2003
Last day to appeal was October 17, 2003; Jurisdiction request received on October 24, 2003
Letter from Khaled Abdelnaby, requestor, asking that the Board take jurisdiction over the revocation of the above-referenced taxi permit. Reason(s) for revocation: non-payment of fees.
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(3J) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Taxi Permit (A-Card) No(s). 055648; Revocation letter dated October 2, 2003
Last day to appeal was October 17, 2003; Jurisdiction request received on October 24, 2003
Letter from Ghassen Mosbahi, requestor(s), asking that the Board take jurisdiction over the revocation of the above-referenced taxi permit. Reason(s) for revocation: non-payment of fees.
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(3K) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
Subject property at 3801 – 3rd Street; Permit issued on August 20, 2003
Last day to appeal was September 4, 2003; Jurisdiction request received on Oct. 27, 2003
Letter from Melvin Washington, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/06/10/6681. Project: install 8 new antennas behind new screen wall; place prefab equipment shelter on roof. Permit Holder(s): Verizon Wireless.
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(4) APPEAL NO. 03-052
LANDO SIU, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on March 25, 2003, of taxicab medallion #1181.
RESOLUTION NO. 2003-12.
NOTE: At the original hearing of June 4, 2003, the Board voted to uphold the subject revocation. On September 17, 2003, the Board voted to grant the jurisdiction request seeking a second 10-day rehearing request period; the Board also voted that same day to grant the rehearing request.
FOR REHEARING TODAY.
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(5) APPEAL NO. 03-133
ISHTIAQ BOKHARI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on August 18, 2003, of a Driver of Public Passenger Vehicle for Hire Permit.
RESOLUTION NO. 2003-65.
FOR HEARING TODAY.
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(6) APPEAL NO. 03-114
TOM WHELAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1441 Montgomery Street.
Appealing a request dated July 7, 2003 for reinstatement of a suspended permit, addressed to Dept. of Building Inspection Director Frank Chiu, asking that Building Permit Application No(s). 2002/09/27/7630 (installation of a motorized chair lift) be reinstated because the Planning Commission has held a discretionary review (DR) hearing and approved the project as proposed.
FOR HEARING TODAY.
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(7) APPEAL NO. 03-091
LAURA FREY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1274 Plymouth Avenue.
Protesting the issuance on May 27, 2003, to Kenley Leung, Permit to Alter a Building (on single-family dwelling: add full bath on 2nd floor; replace existing rotten rear deck/stairs in kind; add 2 bedrooms, 2 bathrooms, family room and laundry at ground floor; no change to building envelope except windows).
APPLICATION NO. 2003/05/27/5566.
FOR HEARING TODAY.
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ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 03-096
EVELYN WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1331 Green Street.
Protesting the issuance on June 3, 2003, to Stephen Goldstine, Permit to Erect a Building (one-story single-family dwelling with 523sf of ground floor area).
APPLICATION NO. 2001/03/30/5663.
FOR HEARING TODAY.
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(8B) APPEAL NO. 03-097
TAMI TWAROG
& ELIZABETH WRIGHT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1331 Green Street.
Protesting the issuance on June 3, 2003, to Stephen Goldstine, Permit to Erect a Building (one-story single-family dwelling with 523sf of ground floor area).
APPLICATION NO. 2001/03/30/5663.
FOR HEARING TODAY.
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(9) APPEAL NO. 03-129
COLMAN BURKE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: N/A (Mandatory DR)
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1238 Masonic Avenue.
Appealing the denial on August 21, 2003, of Permit to Alter a Building (change two-family dwelling to single-family dwelling).
APPLICATION NO. 2003/01/14/5103
FOR HEARING TODAY.
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(10) APPEAL NO. V03-130
KEVIN COONEY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2090 – 45th Avenue.
Appealing the denial on August 20, 2003 of a Rear Yard Set Back Variance (proposal is to construct rear stairs to access a proposed 3rd story addition to the existing dwelling).
VARIANCE CASE NO. 2003.0436V.
FOR HEARING TODAY.
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(11) APPEAL NO. 03-131
JOAN GIRARDOT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Marina Boulevard.
Protesting the issuance on August 14, 2003, to Dolores Twitchell, Permit to Alter a Building (garden fence replacement, 40’ long, 8’ in height, 4X4 redwood post every 4‘, lattice covering).
APPLICATION NO. 2033/08/14/2068.
FOR HEARING TODAY.
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(12) APPEAL NO. V03-136
DEIRDRE & KENNETH QUIGLEY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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336 – 28th Street.
Protesting the granting on August 20, 2003, to Andy Rodgers, Rear Yard Setback Variance (the stairs that extend from the 2nd story to the 3rd story shall be permitted to encroach into the required rear yard sufficient to provide access to the 3rd floor and the deck on the roof of the building).
VARIANCE CASE NO. 2003.0609V.
FOR HEARING TODAY.
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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.
Date posted: Nov. 6th, 2003