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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, MAY 12, 2004

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)  SPECIAL ITEM: 

Public hearing, discussion and adoption of the Board of Appeals Incompatible Activities Statement as required by the San Francisco Campaign and Governmental Conduct Code § 3.218.  Copies are available at the Board office, and it is posted on our website at www.sfgov.org/boa.  Please address comments to Executive Secretary Robert Feldman, Board of Appeals, 1660 Mission Street #3036, SF, CA 94103.  Telephone (415) 575-6880, fax (415) 575-6885, or email at robert.feldman@sfgov.org.

 

(4)  ADDENDUM ITEMS: 

(4A)   REHEARING REQUEST:                          

572 San Jose Avenue; Appeal No(s). 03-194; Tehlirian vs. DBI, PCD

Letter Ara Tehlirian, co-appellant, requesting rehearing of Appeal No(s). 03-194, decided March 3, 2004.  At that time, upon motion by President Chin, the Board voted 3-2 (Commissioners Shoemaker & Sugaya dissented) to overrule the denial and grant the permit with conditions as presented by the appellant.  Four votes being required to overrule a departmental action, the denial of the subject permit was upheld.  Project: on two-unit building, horizontal and vertical addition, 335sf on ground floor, 368sf on 2nd floor, and 1038sf on 3rd floor; electrical, plumbing, and mechanical under separate permit.  DR Requestor(s): Jose Morales. 

Note:  The public hearing on this rehearing request was held and closed on March 31, 2004.

 

(4B)   REHEARING REQUEST:                          

1120-1122 Vallejo Street; Appeal No(s). V03-209; Ferreira vs. ZA

Letter from Chris Moscone, attorney for appellants Catherine and Ann Ferreira, requesting rehearing of Appeal No(s). V03-209, decided March 24, 2004.  At that time, upon motion by Commissioner Sugaya, 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.  Variance Holder(s): Susan Lee, Jennifer Cherk & Jay Capela.

 

(4C)   JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                          

Subject property at 239 Santa Rosa Avenue;Permit issued on November 20, 2003

Last day to appeal was December 5, 2003; Jurisdiction request received on April 6, 2004

Letter from Lan Ying Li, asking that the Board take jurisdiction over Electrical Permit No(s). E200311205875 for the purpose of filing a penalty appeal.  Project: 5 lights, 8 switches, 6 receptacles, remodel bathroom and kitchen, new furnace and water heater.

 

ITEMS (4D) & (4E) SHALL BE HEARD TOGETHER:

(4D)   JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                          

Subject property at 467 Duncan Street; Variance granted on June 9, 2003

Last day to appeal was June 19, 2003; Jurisdiction request received on April 23, 2004

Letter from Michael Martensen, Requestor(s), asking that the Board take jurisdiction over Variance Case No(s). 2003.0279V.  Project: construction of a horizontal addition at the front of the existing single-family house, construction of cylindrical dormers and a spiral staircase connected by a catwalk and glass railing on the east side of the existing roof that extends beyond the front of the existing house, and construction of a deck extending from the front façade of the building.  Variance Holder(s): Michael Logue.  Subject Property Owner(s): Striebeck & Miyata.

 

(4E)   JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                          

Subject property at 467 Duncan Street; Permit issued on Feb. 10, 2004

Last day to appeal was Feb. 25, 2004; Jurisdiction request received on April 23, 2004

Letter from Michael Martensen, Requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/03/26/0782S.  Project: on single-family house, vertical and horizontal extension. Permit Holder(s): Striebeck & Miyata.

 

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

(5A)   APPEAL NO. 03-051

KEN PAGE, VINCENT LEGER,

& BUENA VISTA PARK LLC, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

21 Buena Vista East Avenue.

Appealing the determination dated March 19, 2003, addressed to Andrew Zacks, that the subject property has a legal authorized use of 14 residential guest rooms and 1 dwelling unit, that residential guest rooms constitute “group housing” under § 209.2 of the Planning Code, that this group housing constitutes a permitted conditional use since it was established prior to the enactment of Conditional Use (CU) requirements for said use, and that this permitted conditional use shall be considered abandoned 3 years from the last legal date of residency of the last resident of said guest rooms. 

PUBLIC HEARING HELD SEPT. 24, 2003.

FOR FURTHER CONSIDERATION TODAY.

(5B)   APPEAL NO. 03-066

KEN PAGE, VINCENT LEGER,

& BUENA VISTA PARK LLC, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent          

 

21 Buena Vista East Avenue.

Appealing a determination dated April 24, 2003, addressed to Andrew Zacks, that the proposed physical modifications to various residential guest rooms at the subject property would result in less viable guest rooms and would constitute a partial conversion of the structure to single family-use from its current legal authorized use of 14 residential guest rooms and 1 dwelling unit, in violation of Planning Code.

PUBLIC HEARING HELD SEPT. 24, 2003.

FOR FURTHER CONSIDERATION TODAY.

 

ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:

(6A)   APPEAL NO. 03-197

ALL-CITY CONSTRUCTION CO., Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION,

                                               Respondent

 

 

 

641 – 27th Avenue.

Appealing a 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.

PUBLIC HEARING CLOSED ON 2/4/04.

FOR FURTHER CONSIDERATION TODAY.

(6B)   APPEAL NO. 03-199

HOWARD & SUSIE WOO, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION,

                                                 Respondent

 

 

 

641 – 27th Avenue.

Appealing a 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.

PUBLIC HEARING CLOSED ON 2/4/04.

FOR FURTHER CONSIDERATION TODAY.

 

(7)    APPEAL NO. 04-020

STEPHEN D. SMITH, Appellant(s)

                        vs.

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

 

1480 Page Street.

Appealing the denial on March 2, 2004, of a Permit to Remove and Replace One (1) Tree.

ORDER NO. 174,691.

FOR HEARING TODAY.

 

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

(8A)   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.

(8B)   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.

(8C)    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.

 

(9)    APPEAL NO. 04-005

JIMMY CHU, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

 

 

425 Junipero Serra Boulevard.

Appealing a Notice of Decision by Frank Chiu, Director of the Dept. of Building Inspection, dated Jan. 5, 2004, that an unlawful residential demolition has taken place at the subject property under Building Code §§ 103.3, 103.3.1 & 103.3.2, that Building Permit Application No(s). 2003/02/13/7355, 2003/05/14/4558 and 2003/06/20/7261 are hereby revoked, and that a 5 year moratorium on the issuance of building permits is hereby imposed pursuant to Building Code § 103.3.1.

FOR HEARING TODAY.

 

(10)    APPEAL NO. 04-017

YVONNE & IRWIN COTTON, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

 

 

 

2669 Sutter Street.

Appealing the suspension on February 13, 2004, of Building Permit Application No(s). 2003/08/29/3479.  Reason(s) for suspension: the above-referenced permit was approved in error over the counter by the Planning Dept., and the permit applicant knowingly abused the process to legalize a fake driveway.

FOR HEARING TODAY.

 

(11)    APPEAL NO. 04-019

OCEAN PARC VILLAGE

HOMEOWNER’S ASSOCATION, Appellant(s)

                        vs.

PLANNING DEPARTMENT, Respondent

 

 

730 Great Highway.

Protesting the issuance on March 8, 2004, to Tom and Breda MacDonald & KTH LLC, Coastal Zone Permit Authorization (proposal is to construct a new three-story, four-unit building approximately 32 feet tall on a vacant lot). 

CASE NO. 2003.1009P.

FOR HEARING TODAY.

 

(12)    APPEAL NO. 04-021

EDWIN HOUTKOOPER, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2258 Beach Street.

Protesting the issuance on March 9, 2004, to Richard Garcia, Permit to Alter a Building (on single-family house: revisions and clarifications to supercede existing permit no(s). 9822604, 98251205, 9909806, 2000/04/25/8211, 2000/12/18/8145, 2001/03/28/5423, 2001/11/20/3576, 2001/11/20/3577, 2002/09/19/6941, 2002/09/27/7692, 2002/11/14/1488, and 2002/11/14/1489 to achieve final inspection).

APPLICATION NO. 2003/07/02/8662.

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. 

 

Date posted:  May 3rd, 2004