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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

REGULAR MEETING - WEDNESDAY, NOVEMBER 20, 2002

SPECIAL START TIME, 1:30 P.M., CITY HALL, ROOM 416

(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 ITEMS:

ITEM A: Request by Commissioner Shoemaker that the Board set aside its rules to allow him to request a rehearing of Appeal No(s). 02-152, McDonald's vs. ZA, subject property at Lakeshore Plaza, which was heard and decided October 30, 2002. Upon motion by Commissioner Saunders, the Board voted 4-1(Commissioner Sugaya dissented) to overrule the subject determination that a McDonald's restaurant is not a permitted use at Lakeshore Plaza under the conditional use (CU) authorization of the Planning Commission, appealed to and approved by the Board of Supervisors. Four votes are necessary to grant this request to set aside the rules. In the event the above motion is adopted, Commissioner Shoemaker shall request a rehearing of Appeal No(s). 02-152 (See Item B).

ITEM B: Lakeshore Plaza. Request for rehearing of Appeal No(s). 02-152, McDonald's vs. ZA, by Commissioner Shoemaker. See caption below.

APPEAL NO. 02-152

MCDONALD'S, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

[Lakeshore Plaza Shopping Center on Sloat [Boulevard.

[Appealing a determination dated July 26, 2002, [addressed to Walter Wong at Jaidin [Consulting, that a hamburger restaurant is not [a permitted use at the subject property [because hamburger restaurants were [specifically omitted as an allowable use by the [Board of Supervisors when it approved [conditions for the Conditional Use (CU) [authorization at Lakeshore Plaza.

[FOR REHEARING TODAY IN THE EVENT [THE ABOVE TWO REQUESTS ARE [GRANTED.

ITEM C: Presentation to the Board by a representative of the City Attorney on the laws and ethics in regard to City Commissions (approximately twenty minutes).

(4) ADDENDUM ITEMS:

ITEM A: 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 B: 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

(5)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.

(5A) 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.

(6) APPEAL NO. V00-048

ALLAN & LORRAINE THOMPSON,

Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

[50 Magnolia/1755 Chestnut Streets.

[Denial on March 22, 2000, of Rear Yard [Variance to relocate one dwelling unit from the [1755 Chestnut Street building to the existing [rear carriage house at 50 Magnolia Street by [renovating and adding a floor and roof deck to [the existing building, setting back the new floor [15 feet from Magnolia Street; the proposal also [includes two 2'x7' extensions into the lightwells [of the existing 1755 Chestnut Street building; [the total number of dwelling units will remain [six units.

[VARIANCE CASE NO. 99.164V.

[FOR HEARING TODAY.

ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:

(7A) APPEAL NO. 01-021

POTRERO BOOSTERS NEIGHBORHOOD ASSN. & DOGPATCH NEIGHBORHOOD ASSN., Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPARTMENT APPROVAL

[691 Tennessee Street.

[Protesting issuance on January 10, 2001, to [Robert Miller, Site Permit to Erect a Building [(25 live/work units).

[APPLICATION NO. 9917435S.

[FOR HEARING TODAY.

(7B) APPEAL NO. 01-022

POTRERO BOOSTERS NEIGHBORHOOD ASSN. & DOGPATCH NEIGHBORHOOD ASSN., Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPARTMENT APPROVAL

[691 Tennessee Street.

[Protesting issuance on January 10, 2001, to [Robert Miller, Permit to Demolish a Building [(metal shed).

[APPLICATION NO. 9917436.

[FOR HEARING TODAY.

(8) APPEAL NO. 01-115

THERESA ISSERMAN, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

[700 Vermont Street.

[Protesting issuance on June 20, 2001, to [Raymond & Hazel Guaraglia, Permit to Alter [a Building (demolish existing non-compliant [residential units per Notice of Violation No. [200114983; remove all utilities to ground level; [convert to original commercial space with no [structural work to be done).

[APPLICATION NO. 2001/06/20/1935.

[PUBLIC TESTIMONY HEARD JUNE 19, 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.

[NOTE: PER THE REQUEST OF THE ZONING [ADMINISTRATOR, THIS CASE SHALL NOT [BE CALLED PRIOR TO 5:00 PM.

(10) APPEAL NO. 02-079

BABA-MALOUF PROPERTIES, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

[1596 Howard Street.

[Appealing a determination dated April 25, [2002, addressed to Joel Yodowitz at Reuben & [Alter, that the Job Housing Linkage Program [(JHLP) Ordinance fee is applicable to the net [addition of office space proposed for the [development project at the subject property, [and that the Certificate of Final Completion & [Occupancy cannot be issued until the JHLP [fee is paid in full.

[PUBLIC HEARING HELD & CLOSED [JUNE 19, 2002.

[FOR FURTHER CONSIDERATION TODAY.

ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:

(11A) APPEAL NO. 02-089

WILLIAM IRACKI, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

[226 - 17^th Avenue.

[Protesting a determination dated May 15, 2002, [addressed to Bruce Baumann of Baumann & [Associates, that the required rear yard setback [for the subject property is approximately 36 feet [based upon the average of adjacent buildings [pursuant to Planning Code Interpretations for [§ 134(c)3.

[FOR HEARING TODAY.

(11B) APPEAL NO. 02-110

WILLIAM IRACKI, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

[226 - 17^th Avenue.

[Protesting a determination dated June 6, 2002, [addressed to Bruce Baumann, that the required [rear yard setback for the subject property would [be approximately 40 feet instead of the 36 feet [as indicated in the determination dated May 15, [2002.

[FOR HEARING TODAY.

(12) APPEAL NO. 02-090

SOLAR PLANET INC., FILLMORE,

Appellant(s)

vs.

POLICE DEPARTMENT, Respondent

[3161 Fillmore Street.

[Protesting the issuance on May 15, 2002, to [Yik Lui dba "Mabelle Salon", Massage [Establishment Permit.

[PERMIT NO. 107524.

[FOR HEARING TODAY.

(13) APPEAL NO. 02-092

ZELKO SIMONI, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[850 Corbett Avenue.

[Protesting the issuance on May 16, 2002, to [Lynn Fuelsher, Permit to Demolish a Building [(two-story single-family dwelling with 1,750sf of [ground floor area).

[APPLICATION NO. 2001/09/05/7535.

[FOR HEARING TODAY.

(14) APPEAL NO. 02-095

RAYMOND KALISKI, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING COMMISSION DISAPPROVAL

§ 14 PARTIES: None.

[2141 Chestnut Street.

[Appealing the denial on June 4, 2002, of Site [Permit to Alter a Building (site permit application [for demolition of theatre facilities, new [construction of seismic upgrade, new concrete [level floor and shell space, tenant [improvements for retail space under separate [permit including handicap facilities, partitions [associated work for retail build out).

[APPLICATION NO. 2001/10/11/0487S.

[FOR HEARING TODAY.

(15) APPEAL NO. 02-096

RAFAEL MIRANDA, Appellant(s)

vs.

ZONING ADNMISTRATOR, Respondent

[1255 Goettingen Street.

[Appealing a determination dated May 22, 2002, [addressed to Rafael Miranda, that the legal use [of the subject property is a single-family [dwelling because the building was constructed [as a single-family house, because no permit [could be found which authorized the addition of [a second dwelling unit, and because the permit [history indicates the continued use of the [structure as a single-family structure.

[FOR HEARING TODAY.

(16) APPEAL NO. 02-097

VERNON LIDDELL, Appellant(s)

vs.

TAXI CIOMMISSION, Respondent

[Appealing the revocation on May 22, 2002, of [taxicab medallion no(s). 981.

[FOR HEARING TODAY.

(17) APPEAL NO. 02-099

DIANE LEBOW, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[3000 Pierce Street.

[Protesting the issuance on March 13, 2002, to [Norman Cheney, Permit to Alter a Building (re-[roof existing garage, install safety railing)

[APPLICATION NO. 2002/03/13/1275.

[FOR HEARING TODAY.

(18) 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).

[Subject Property Owner(s): Frank & Maureen [Cafferkey.

[VARIANCE CASE NO. 2001.0799V.

[FOR HEARING TODAY

(19) 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.

(20) 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.

ITEMS (21A), (21B), (21C), (21D) & (21E) SHALL BE HEARD TOGETHER:

(21A) APPEAL NO. 02-159

IRVING PETER LEE, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[530 - 47^th Avenue.

[Protesting the issuance on August 5, 2002, to [Ed Vilhauer, Permit to Alter a Building (remodel [downstairs family room, bath and laundry; [remodel ground floor bedrooms and stairway to [2^nd floor; add 2^nd floor master bedroom, bath [and closet; seismic, electrical and mechanical [upgrades).

[APPLICATION NO. 2002/02/19/9488S.

[FOR HEARING TODAY.

(21B) APPEAL NO. 02-160

LEONARD G. JER, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[530 - 47^th Avenue.

[APPLICATION NO. 2002/02/19/9488S.

[FOR HEARING TODAY.

(21C) APPEAL NO. 02-162

ROCKY MO, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[530 - 47^th Avenue.

[APPLICATION NO. 2002/02/19/9488S.

[FOR HEARING TODAY.

(21D) APPEAL NO. 02-164

BRETT HORTON, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[530 - 47^th Avenue.

[APPLICATION NO. 2002/02/19/9488S.

[FOR HEARING TODAY.

(21E) APPEAL NO. 02-169

BRETT HORTON, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[530 - 47^th Avenue.

[Protesting the issuance on August 20, 2002, to [Ed Vilhauer & Leigh Anne Varney, Permit to [Alter a Building (dry rot repair and foundation [cap, new slab on grade, plumbing and electrical [repair as required, all interior work only).

[APPLICATION NO. 2002/08/20/4435.

[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: November 14, 2002

Meeting Information