2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 REGULAR MEETING OF THE SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, APRIL 5, 2000
5:30 P.M., CITY HALL, ROOM 416
1 DR. CARLTON B. GOODLETT PLACE (FORMERLY 301 POLK STREET)
(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 AND QUESTIONS.
(3) MATTERS FOR CONSIDERATION AND OTHER CORRESPONDENCE:
SECOND REQUEST FOR REHEARING:
ITEM A: Letter from Raquel Fox, attorney for Frank Daijo, appellant requesting for the second time rehearing of Appeal No. 99-073, 470 - 25th Avenue, permit holder Hugo Villavicencio. Hearing July 14, 1999. Upon motion by President McInerney, the Board voted 4-0 to RECUSE Vice President Chin because of a conflict of interest. Then after testimony, upon motion by Commissioner Cullum, the Board voted 3-1 (President McInerney dissented) to UPHOLD the department and GRANT the permit. Request for rehearing October 13, 1999. Upon motion by President McInerney, the Board voted 5-0 to RECUSE Vice President Chin because of conflict of interest. Then upon motion by Commissioner Cullum, the Board voted 3-1 (President McInerney dissented) to grant the request for rehearing. Four votes are needed and the motion failed. The request was DENIED. Notice of Decision and Order released October 18, 1999. Request for suspension of rules January 26, 2000. Upon motion by Commissioner Cullum, the Board voted 4-0 to RECUSE President Chin. Afterwards, upon motion by Commissioner Cullum, the Board voted 3-1 (Commissioner McInerney dissenting) to SUSPEND THE RULES and set aside its October 13, 1999 decision denying the request for rehearing, thus giving the appellant another 10-day period to file a request for rehearing.
REQUESTS FOR REHEARING:
ITEM B: Letter from Patricia A. McColm, appellant requesting rehearing of Appeal No. 00-006, 575 Miramar Avenue, permit holder Marc Balistreri. Hearing March 1, 2000. Upon motion by Commissioner McInerney, the Board voted 5-0 to UPHOLD the department and GRANT the permit with NO CONDITIONS.
ITEM C: Letter from Judy West, appellant, requesting rehearing of Appeal No. 00-008, 321 Potrero Avenue. Hearing March 1, 2000. Upon motion by Commissioner Cullum, the Board voted 2-3 (President Chin and Commissioners McInerney and El Qadah dissented) to overrule the Zoning Administrator's determination that expansion of the non-complying rear yard structure cannot be approved until a rear yard variance has been granted, and providing seismic strengthening and disabled access has no bearing on this determination. Four votes are needed and the motion failed. The determination is UPHELD.
Items (4A) and (4B) shall be heard together
(4A) APPEAL NO. 98-052
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WILFREDO MENDOZA, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[3647 - 23rd Street.
[Protesting issuance on March 11, 1998, [to Wai Ming Luk, permit to Alter a [Building (upgrade electrical wiring, [replace window, install skylight, remodel [kitchen, insulate walls where [accessible).
[APPLICATION NO. 9804149.
[PUBLIC HEARING HELD AND [CLOSED FEBRUARY 16, 2000.
[FOR CONSIDERATION TODAY.
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(4B) APPEAL NO. 98-127
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WILFREDO MENDOZA, et al., Appellants
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[3647 - 23rd Street.
[Protesting issuance on July 1, 1998, to [Wai Ming Luk, permit to Alter a Building [(remove interior walls to convert two unit [building to single family dwelling).
[APPLICATION NO. 9810383.
[PUBLIC HEARING HELD AND [CLOSED FEBRUARY 16, 2000.
[FOR CONSIDERATION TODAY.
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(5) APPEAL NO. 99-112
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WAI MING & KWAN YUK M. LUK, Appellants
vs.
ZONING ADMINISTRATOR, Respondent
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[3647-49 - 23rd Street.
[Determinations of the Zoning Admin- [istrator dated June 25 and July 13, 1999 [that the laundromat business is limited [by Planning Code Sections 182, 710.40 [and 790.102(e) to serve only the [immediate neighborhood with all [washing and cleaning done on-site and [with all windows closed, with [compliance within 30 days or abatement [action to be pursued.
[FOR HEARING TODAY.
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(6) APPEAL NO. 00-021
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SHARON FERTITTA, Appellant
vs.
DEPARTMENT OF PUBLIC WORKS, Respondent
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[4109 - 20th Street.
[Denial on January 26, 2000, of permit to [Remove and Replace two trees.
[ORDER NO. 172,128.
[FOR HEARING TODAY.
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(7) APPEAL NO. 99-086
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VALMOR NETO, dba "BAHIA CABANA RESTAU- RANT", Appellant
vs.
POLICE DEPARTMENT, Respondent
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[1600 Market Street.
[Decision of the Police Department [issued May 25, 1999 to suspend the [Dance Hall Keeper and Place of Enter- [tainment permits for 360 days, 270 of [these days to be held in abeyance for a [probationary period of three years.
[FOR HEARING TODAY.
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(8) APPEAL NO. 99-187
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KWAN WONG, CHE YEE MOI, DIMITRIOUS & ELIZABETH TRIGONIS, Appellants
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[1821-23 Cabrillo Street.
[Protesting issuance on November 8, [1999, to Leung Chow, permit to Erect a [Building (two dwelling units).
[APPLICATION NO. 9904646S.
[FOR HEARING TODAY.
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(9) APPEAL NO. 00-026
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RAY J. MARTELLI, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[1844 Greenwich Street.
[Protesting issuance on February 2, [2000, to Jamil Harb, permit to Alter a [Building (third floor addition consisting of [new dwelling unit; new rear decks and [stairs; reconfiguring existing dwelling [unit at second floor).
[APPLICATION NO. 9905422S.
[FOR HEARING TODAY.
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Items (10A) and (10B) shall be heard together
(10A) APPEAL NO. 98-207
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PACT, INC., Appellant
vs.
ZONING ADMINISTRATOR, Respondent
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[635 Divisadero Street
[Determination by the Zoning Admin- [istrator dated November 23, 1998 that [the legal use of the property is [two-family residential and that the NC-2 [zoning of the property allows office use [on the first floor as a principal permitted [use, on the second floor as a conditional [use, and that office use is not permitted [on the third floor at all; appellant [requests permission to file conditional [use application for use of the entire [building for office use.
[FOR FURTHER HEARING TODAY.
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(10B) APPEAL NO. 00-013
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PLAN OF ACTION FOR CHALLENGING TIMES (PACT), Appellant
vs.
ZONING ADMINISTRATOR, Respondent
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[635 Divisadero Street.
[Determination by the Zoning Admin-[istrator dated January 2000 that the [third floor of the building cannot be [converted from residential to office use [under Planning Code Section 711.38 [and that the unauthorized office use of [the third floor must cease and the lawful [residential use reinstated.
[FOR HEARING TODAY.
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(11) APPEAL NO. V99-151
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JOEL S. COOPERSMITH, Appellant
vs.
ZONING ADMINISTRATOR, Respondent
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[3250 - 17th Street.
[Denial on June 30, 1999, of Rear Yard [and Usable Open Space Variances [(legalize 2,100 square foot dwelling unit [on the second floor of an existing two-[story commercial building without [providing the required rear yard and [usable open space).
[JURISDICTION GRANTED SEPTEM-[BER 15, 1999.
[VARIANCE CASE NO. 98.981V.
[FOR HEARING TODAY.
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(12) APPEAL NO. 99-190
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TELEGRAPH HILL DWELLERS, Appellant
vs.
ZONING ADMINISTRATOR, Respondent
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[412 Broadway.
[Determination by the Zoning Admin- [istrator dated November 12, 1999 that [the proposed restaurant, "BoysToys", [does not require conditional use [authorization from the Planning [Commission since the Police [Department does not deem it adult [entertainment, and by the previous [interpretation the size of the restaurant [use has not been abandoned and the [proposed restaurant is a principal [permitted use in the Broadway [Neighborhood Commercial District; also [requests disapproval of Planning [approval of Department of Public Health [restaurant permit.
[FOR HEARING TODAY.
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(13) APPEAL NO. 00-023
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FRANCIS A. BASA, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[1601 Pacific Avenue.
[Protesting issuance on February 9, [2000, to J. Sullivan, permit to Alter a [Building (interior wall relocation, window [and door changes).
[APPLICATION NO. 2000/01/13/89.
[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.
