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City and County of San FranciscoBoard of Appeals

Meeting Information



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PUBLIC NOTICE
OF CANCELLED MEETING

The Board of Appeals has CANCELLED the meeting of November 6, 2002 due to lack of a quorum. Cases scheduled for tonight have been rescheduled to various dates in the coming weeks. No new written notices will be sent out by Board staff. Please see the list below.

ITEM(S):

3a. 2518 Union Street. Rehearing Request for 02-050, Cabi vs. DBI, PCD.

    RESCHEDULED TO DEC. 11, 2002 AT THE REQUEST OF ALL PARTIES.

3b. 5 Florida Street. Jurisdiction Request.

    RESCHEDULED TO NOV. 20, 2002 WITH A SPECIAL START TIME OF 130 PM.

3c. 3025, 3027 & 3029 Buchanan Street. Jurisdiction Request.

    RESCHEDULED TO NOV. 20, 2002 WITH A SPECIAL START TIME OF 130 PM.

4a. 120 Elsie Street. 02-091, Hindi vs. DBI, PDA.

    RESCHEDULED TO NOV. 20, 2002 WITH A SPECIAL START TIME OF 130 PM.

5a. 747 - 3rd Street. 02-184, "Curve Bar" vs. Police

    RESCHEDULED TO DEC. 11, 2002.

6. 355 Lombard Street. 01-221, George vs. DBI, PDA.

    NEW HEARING DATE TO BE DETERMINED LATER.

7. 3352 Washington Street. 01-243, Frost et al. vs. ZA.

    WITHDRAWN BY THE APPELLANTS.

8. 951 Naples Street. 02-017, Montoya vs. DBI, PDD.

    RESCHEDULED TO DEC. 4, 2002.

9. 3165 Mission Street. 02-033, Hernandez vs. ZA.

    RESCHEDULED TO NOV. 20, 2002 WITH A SPECIAL START TIME OF 130 PM.

10. 1684 - 15th Street. 02-036, "Monarch Scooters" vs. ZA.

    NEW HEARING DATE TO BE DETERMINED LATER.

11. 1 Grand View Avenue. V02-109, Balistreri vs. ZA.

    RESCHEDULED TO NOV. 20, 2002 WITH A SPECIAL START TIME OF 130 PM.

12. 770 La Playa Street. 02-131, Ocean Beach HOA vs. DBI, PDA.

    RESCHEDULED TO NOV. 20, 2002 WITH A SPECIAL START TIME OF 130 PM.

13. 1551 Taraval Street. 02-150, Chu vs. ZA.

    RESCHEDULED TO NOV. 20, 2002 WITH A SPECIAL START TIME OF 130 PM.

14. 2448 Larkin Street. 02-195, Guglielmino vs. DBI.

    NEW HEARING DATE TO BE DETERMINED LATER.

Please call 575-6880 or visit the Board office if there are any questions regarding this or any other appeal matter.

        FOR THE BOARD OF APPEALS
        Robert H. Feldman
        Executive Secretary

Date Posted: November 6, 2002

BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO

REGULAR MEETING - WEDNESDAY, NOVEMBER 6, 2002
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:

      ITEM A: 2518 Union Street. Letter from David Cincotta, attorney for Marc & Lisa Cabi, Appellants, requesting rehearing of Appeal No(s). 02-050, Cabi vs. DBI, PCD, decided June 5, 2002. Upon motion by Vice President McInerney, the Board voted 4-1 (President Chin dissented) to uphold the procedural denial (modification) by the Planning Commission, with conditions as stated into the record by Vice President McInerney, and with findings to be adopted by the Board on June 12, 2002. Findings were adopted June 12, 2002.

    ITEM B: 5 Florida Street. Letter from Ha Ly, Requestor, asking that the Board take jurisdiction over the approval by the Police Dept. of an additional stop in front of the subject property for mobile catering truck no. 21. Mobile Catering Truck Permit Holder(s): Rosaana Li.

                Date of Request for Additional Stop: April 29, 2002

                Date of Approval for Additional Stop: Unknown; according to Police Permit Bureau, approval was given shortly after request filed.

                Date of Jurisdiction Request: July 15, 2002

      ITEM C: 3025, 3027 & 3029 Buchanan Street. Letter from Stephen Sherman, attorney for Roland Childs, asking that the Board take jurisdiction over Building Permit Application No(s). 2001/18/24/5854. Permit Holder(s): K.L. Colwell. Project: comply with 3R 3206 (partial only).

          Date Permit(s) Issued: August 7, 2002

                      Last Day to Appeal: August 22, 2002

                  Jurisdiction Request(s) Received: October 15, 2002

(4) CONSENT ITEMS (DBI PENALTY): With the consent of the Department 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.

(4A) APPEAL NO. 02-091

    ROBERT HINDI, Appellant(s)

            vs.

    DEPT. OF BUILDING INSPECTION,

    Respondent

    PLANNING DEPT. APPROVAL

    [120 Elsie Street.

    [Appeal for refund of penalty imposed on [May 29, 2002, for work done without a permit.

    [APPLICATION NO. 2002/03/19/1736.

    [FOR HEARING TODAY.

(5) CONSENT ITEMS (POLICE REVOCATION): With the consent of the Police Department, the Board will proceed to a vote without testimony to overrule the revocation of the subject permit(s) with the condition that the appellants pay all appropriate permit fees. Without consent the Board will take testimony and then decide the appeal.

(5A) APPEAL NO. 02-184

    MINEY LLC dba

    "CURVE BAR & RESTAURANT", Appellant(s)

            vs.

    POLICE DEPARTMENT, Respondent

    [ 747 - 3rd Street.

    [Appealing the revocation on August 28, 2002, [of Place of Entertainment/Dance Hall Keeper [Permit due to non-payment of fees.

    [ACCOUNT NO. 1155.

    [FOR HEARING TODAY.

(6) APPEAL NO. 01-221

    RANDOLPH & JOANNA GEORGE,

    Appellant(s)

            vs.

    DEPT. OF BUILDING INSPECTION,

    Respondent

    PLANNING DEPT. APPROVAL

    [355 Lombard Street.

    [Protesting issuance on November 8, 2001, to [Donald Jans, Site Permit to Alter a Building [(install wall, as per plans, on west side of front [yard).

    [APPLICATION NO. 2000/07/19/5599S.

    [PUBLIC HEARING HELD & CLOSED JUNE 26, [2002.

    [FOR FURTHER CONSIDERATION TODAY.

(7) APPEAL NO. 01-243

    ANDREW & STACEY

    FROST, ROBERT & MARIAN

    HEATH, KAREN LARSEN, MICHAEL

    SHANE, RONNA STONE, TIMOTHY

    SMITH, VERNE & ROBERT DOXEY,

    DAVID IRWIN, SUSAN GAMBLE,

    DEBORAH & H. BOYD SEYMOUR,

    and NANCY & ROGER BOAS, Appellant(s)

            vs.

    ZONING ADMINISTRATOR, Respondent

    [3352 Washington Street.

    [Appealing a determination dated December [17, 2001, addressed to Alice Barkley, attorney [for owners John & Shirley Oswald, that the [proposed roof structure on the subject [property is a dormer and that it complies with [Planning Code § 261 in terms of area [limitation requirements for permitted [exceptions, and that the proposed roof height [is code complying.

    [APPLICATION NO. 2000/06/16/2818.

    [FOR HEARING TODAY.

(8) APPEAL NO. 02-017

    TEODORA MONTOYA, Appellant(s)

            vs.

    DEPT. OF BUILDING INSPECTION,

    Respondent

    PLANNING DEPT. DISAPPROVAL

    [951 Naples Street.

    [Appealing denial on February 4, 2002, of [Permit to Alter a Building (legalize existing in-[law apartment in basement).

    [APPLICATION NO. 2001/10/10/0331.

    [PUBLIC HEARING HELD APRIL 3, 2002.

    [FOR FURTHER CONSIDERATION TODAY.

(9) APPEAL NO. 02-033

    GERARDO HERNANDEZ, Appellant(s)

            vs.

    ZONING ADMINISTRATOR, Respondent

    [3165 Mission Street.

    [Appealing a Notice of Violation dated February [25, 2002, addressed to Leticia Luna, that the [subject property is being used as a tow service [lot in violation of § 712.59 of the Planning Code, [which also prohibits the establishment of an [auto repair use in an NC-3 zoning district.

    [FOR HEARING TODAY

(10) APPEAL NO. 02-036

    GABRIEL SANCHEZ & LORENZO

    AVIGNONI dba "MONARCH SCOOTERS", Appellant(s)

            vs.

    ZONING ADMINISTRATOR, Respondent

    [1684 - 15th Street.

    [Appealing a determination dated Feb. 26, [2002, addressed to Gabriel Sanchez & [Lorenzo Avignoni, that Planning Code [§ 726.61 does not allow the use of the subject [property building for sale of motor scooters, [automotive sales or rental as a principal use [within the Valencia Neighborhood Commercial [District (NCD).

    [FOR HEARING TODAY.

(11) APPEAL NO. V02-109

    SAL BALISTRERI, Appellant(s)

            vs.

    ZONING ADMINISTRATOR, Respondent

    [1 Grand View Avenue.

    [Protesting the granting on June 10, 2002, to [Warner Schmalz, of Front & Rear Setback [Variance(s) (construction of a new single-family [dwelling with 2 stories at the front located on [Grand View Avenue and a total of 3 stories at [the rear on Stanton Street).

    [VARIANCE CASE NO. 2001.0799V.

    [FOR HEARING TODAY

(12) APPEAL NO. 02-131

    OCEAN BEACH

    HOMEOWNER’S ASSOCIATION, Appellant(s)

            vs.

    DEPT. OF BUILDING INSPECTION,

    Respondent

    PLANNING DEPT. APPROVAL

    [770 La Playa Street.

    [Protesting the issuance on July 10, 2002, to the [Progress Foundation, Permit to Erect a Building [(four-story, fourteen-unit building with 3,972sf of [ground floor area).

    [APPLICATION NO. 2000/12/20/8432.

    [FOR HEARING TODAY.

(13) APPEAL NO. 02-150

    JIMMY CHU, Appellant(s)

            vs.

    ZONING ADMINISTRATOR, Respondent

    [1551 Taraval Street.

    [Appealing a Permit Suspension Request dated [July 23, 2002, addressed to Dept. of Building [Inspection Director Frank Chiu, requesting that [Building Permit Application No(s). 9903316S be [suspended for the reason that proper [neighborhood notification under Planning Code [§ 312 was omitted in error.

    [FOR HEARING TODAY.

(14) APPEAL NO. 02-195

    MICHAEL J. GUGLIELMINO, Appellant(s)

            vs.

    DEPT. OF BUILDING INSPECTION,

    Respondent

    [2448 Larking Street.

    [Protesting the issuance on September 19, [2002, to Primecore, Permit to Alter a Building [(renewal of Building Permit Application No(s). [99257797S, 2000/04/24/7982S1, & [2000/04/24/7982S2).

    [APPLICATION NO. 2002/09/19/6954.

    [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 of public and parties.

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: October 31, 2002