2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, MAY 29, 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: 1479 - 3rd Avenue. Letter from Larry Badiner, Zoning Administrator, requesting rehearing of Appeal 01-196, Wydler vs. ZA, decided Jan. 30, 2002. Upon motion by Vice President McInerney, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the subject determination and to adopt the findings submitted by the appellant’s attorney. Appellant: Aton Wydler. Determination: that use of the subject property as a 4-unit residential building is not permitted under the Planning Code, and is not considered to be a legal non-conforming use under Planning Code Sections 180 through 185.
ITEM B: 520 - 4th Street. Letter from Randy Sue Pollack, attorney for Steven Lee dba "Glaskat Supper Club," requesting that the Board take jurisdiction over a Zoning Administrator determination dated March 19, 2002, addressed to Steven Lee, that the Police Permit Application Zoning Referral for an Extended Hours Premises Permit at the subject property cannot be approved because such approval would constitute an intensification of the legal nonconforming use (nighttime entertainment) in violation of Planning Code § 181(a), and because the prior Extended Hours Premises Permits enjoyed at the subject property were all voluntarily surrendered in excess of 3 years ago, and Planning Code § 183 prohibits the reestablishment of nonconforming uses that have been discontinued for a continuous period of 3 years.
Date of Determination: March 19, 2002
Last Day to Appeal: April 3, 2002
Request for Jurisdiction Received: May 13, 2002
(4) APPEAL NO. 98-046
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GERARDO PINTO & MARIANNE RUDDY,
Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[1506-08 Alabama Street.
[Denial on March 6, 1998, of permit to Alter a [Building (legalize flat on ground floor; add [windows in kitchen and living room; add fan [and light in bathroom; provide fire wall and [door between garage and flat).
[APPLICATION NO. 9802518S.
[PUBLIC TESTIMONY HEARD NOV. 18, 1998, [& FEB. 17, 1999.
[FOR FURTHER CONSIDERATION TODAY.
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(5) APPEAL NO. 99-085
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MARK BORSUK, Appellant(s)
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[1626 Vallejo Street.
[Denial on May 24, 1999, of permit to Alter a [Building (new deck, window and firewall).
[APPLICATION NO. 9810583.
[PUBLIC HEARING HELD AND CLOSED [JULY 14, 1999.
[FOR FURTHER CONSIDERATION TODAY.
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(6) APPEAL NO. 01-222
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BRENDAN LALOR, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principals: SHUI HUNG & SO CHUN LEE
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[1117 Judah Street.
[Appealing denial on November 20, 2001, of [Site Permit to Erect a Building (four-story, two-[unit residential building with 1,575sf of ground [floor area).
[APPLICATION NO. 2000/10/16/3112S
[PUBLIC HEARING HELD MAR. 13, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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(7) APPEAL NO. 02-021
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TERRY CHAN, Appellant(s)
TAXI COMMISSION, Respondent
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[Appealing the rescission on January 30, 2002, [of taxicab medallion no(s). 758.
[FOR HEARING TODAY.
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(8) APPEAL NO. 02-061
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CLAY STREET
HOMEOWNERS ASSOCIATION, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[3967 Clay Street.
[Protesting the issuance on March 25, 2002, to [David Seetapun, Permit to Alter a Building [(remove and replace wall finishes and fixtures [in kitchen, replace countertops and cabinets).
[APPLICATION NO. 2002/03/25/2185.
[FOR HEARING TODAY.
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(9) APPEAL NO. 01-239
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RENEE TAN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
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[337-339 Mississippi Street.
[Appealing denial on December 6, 2001, of [Permit to Alter a Building (remove existing [kitchen on first floor, combine floors as single [family dwelling, replace front entry door).
[APPLICATION NO. 2001/04/16/6901.
[FOR HEARING TODAY.
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(10) APPEAL NO. 02-030
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FOSTER MEDIA, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[50 - 8th Street.
[Appealing a determination dated February 1, [2002, addressed to Lars Skugstad at Foster [Media, that Building Permit Application No(s). [2002/01/22/7467 for a general advertising sign [at the subject property is disapproved because [the subject property is visible from and located [within 200 feet of the Market Street Special [Sign District.
[FOR HEARING TODAY.
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(11) APPEAL NO. 02-063
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ERIC YOUNG
dba "SF BATTLE ZONE", Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1968 Powell Street (583 Lombard Street).
[Appealing a Notice of Violation dated March 26, [2002, addressed to Gan Woo Wong, that the [small grocery store at the subject property has [been converted into an internet café without [benefit of a permit, in violation of Planning Code [§ 722.48 which requires conditional use (CU) [authorization for "Other Entertainment Uses" in [the North Beach Neighborhood Commercial [Zoning District.
[FOR HEARING TODAY.
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(12) APPEAL NO. 02-064
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JUAN PINEDA
& HELEN BISSON, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[4136 23rd Street.
[Protesting issuance on April 4, 2002, to Lynn [Thompson, Permit to Alter a Building (revision [to Building Permit Application 9911366, as built, [interior).
[APPLICATION NO. 2002/04/04/3126.
[FOR HEARING TODAY.
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(13) APPEAL NO. 01-221
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RANDOLPH & JOANNA GEORGE,
Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[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.
[FOR HEARING TODAY.
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(14) APPEAL NO. 02-052
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OTTO WIEGAND, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[4001 Mission Street.
[Protesting the issuance on March 12, 2002, to [James O’Donovan, Permit to Demolish a [Building (one-story building).
[APPLICATION NO. 2001/11/06/2561.
[FOR HEARING TODAY.
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ADJOURNMENT.
Note: Each item on this agenda may include the following documents:
1. Appellant’s statement and rebuttal brief.
2. Permit holder’s response and rebuttal brief.
3. Department decision, permit, determination or resolution.
4. Public 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 23, 2002
MEMBERS OF THE BOARD OF APPEALS
ARNOLD Y.K. CHIN PRESIDENT
JOHN E. MCINERNEY, III VICE PRESIDENT
CAROLE S. CULLUM COMMISSIONER
ALLAM M. EL QADAH COMMISSIONER
SABRINA N. SAUNDERS COMMISSIONER
EASTELLER BRUIHL - OFFICIAL COURT REPORTER 348-0050; THE PRESIDING OFFICER WILL CALL A RECESS AT 6:30 P.M. & WHENEVER NECESSARY FOR THE CONVENIENCE OF THE COURT REPORTER.
PROCEDURE AT HEARINGS
The order of presentation of an appeal shall be as follows: In the case of appeal of denials, revocations and suspensions the representatives of the department, board, commission or person from whose order the appeal is taken shall speak first and shall be allowed seven minutes for their presentation and three minutes for rebuttal.
The appellant whose permit has been denied, revoked or suspended shall be allowed seven minutes for oral argument and three minutes for rebuttal.
In the case of protest appeals, the protestor shall speak first and shall be allowed seven minutes to present oral argument and three minutes for rebuttal, and the permit holder shall be allowed seven minutes to present oral argument and three minutes for rebuttal. The Board may request a departmental response at its own discretion.
Other persons desiring to speak before the Board on an appeal may speak once for up to three minutes.
SPECIAL NOTES
Mailed notices of public hearings on appeals are sent to all parties at least five days prior to the date of hearing. In the event that a matter is continued to a specific date by the presiding officer and announced to the parties in the hearing room, no additional mailed notice will be sent. Please call the Board office at 575-6880 for scheduling or other information during regular business hours, or visit our website at www.ci.sf.ca.us/bdappeal/index.html.
Briefs are limited to twelve pages, excluding exhibits, which should be tabbed for easy reference.
The complete Rules of the Board are available for review at the Board office.
Material submitted by the public for Board review prior to a scheduled hearing before the Board, should be addressed to Arnold Y.K. Chin, President, and be received at the Board office, 1660 Mission Street, Room 3036, no later than 4:00 p.m. the Thursday (six days) prior to the scheduled public hearing. Persons unable to attend the scheduled public hearing may submit written comments regarding a calendared item to the Board office. Comments received before noon on the day of the hearing will be made a part of the official record and will be brought to the attention of the Board at the public hearing. For complete distribution to all Commissioners of the Board, necessary staff and case files, submit an original and ten copies.
Pursuant to Government Code Section 65009, if you challenge, in court, the approval of a variance or development permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Appeals at, or prior to, the public hearing.
Calendared items are sometimes withdrawn or rescheduled to a later date prior to hearing, or are taken out of order to accommodate special needs. The Board urges all parties to be present in the hearing room from 5:00 p.m. so that everyone has an opportunity to participate in the relevant public hearing when it is called.
PROHIBITION OF SOUND-PRODUCING ELECTRONIC DEVICES
The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
ACCESSIBILITY INFORMATION
American sign language interpreters and/or sound enhancement system will be available upon request by contacting Catherine Johnson at 575-6882 at least 72 hours prior to the hearing. Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call the accessibility hotline at 554-8925 to discuss meeting accessibility. In order to assist the City’s efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals. The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets. Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F line. Accessible MUNI Metro lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142.
KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.
For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force: Donna Hall, Sunshine Ordinance Task Force, City Hall, Room 409, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4683, Phone (415) 554-7724, fax (415) 554-7854, and e-mail Donna_Hall@ci.sf.ca.us. Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library, and on the City’s website at www.ci.sf.ca.us/sfbos.org/sunshine.
LOBBYING ACTIVITY
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code § 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics.
COMMUNICATIONS
Note: Each item on this agenda may include the following documents:
1. Appellant’s statement and rebuttal brief.
2. Permit holder’s response and rebuttal brief.
3. Department decision, permit, determination or resolution.
4. Public correspondence.
These items are available for review at the Board’s office, 1660 Mission Street, Room 3036, front counter.
CITY AND COUNTY OF SAN FRANCISCO
Board of Appeals
Robert H. Feldman, Executive Secretary
1660 Mission Street, Room 3036
San Francisco, California 94103
(415) 575-6880
