2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, DECEMBER 12, 2001
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 ITEMS:
ITEM A: Debate and discussion concerning proposals to amend the Board Rules regarding the briefing schedule, speaking time allotment at hearing, and other issues.
ITEM B: Debate and discussion concerning a proposal to request that the Board of Supervisors amend the Municipal Code and allow the Board of Appeals to conduct public hearings without an official court reporter.
(4)ADDENDUM ITEMS:
ITEM A: 1432-1434 Kearny Street. Letter from Steve Atkinson, attorney for permit holders Nan & Nathan Roth, requesting rehearing of Appeal Nos. 00-258/259/260/261, Cooper & Kirkham vs. DBI, PDA & Kuhn vs. DBI, PDA, heard August 22, 2001. Upon motion by Commissioner McInerney, the Board voted 4-1 (President Chin dissented) to REVOKE both permits. Appellants: Josef Cooper, Tracy Kirkham, and Alan Kuhn. Project: To demolish a garage, and construct a three-story two-family dwelling.
ITEM B: 700 Vermont Street. Letter from Edward Mullins, agent for Hazel & Raymond Guaraglia, Requestors, asking that the Board take jurisdiction over Building Permit Application No(s). 2001/06/20/1935 (demolish existing non-compliant residential units per NOV 200114983; remove all utilities to ground level; convert to original commercial space) for the purpose of appealing the penalty associated with said permit application.
Date permit issued: June 20, 2001
Last day to appeal: July 5, 2001
Date jurisdiction request received: December 3, 2001
ITEM C: Adoption of a Notice of Special Restrictions (NSR) for the property at 2836 Washington Street, Appeal 01-138, 2836 Washington Street LLC vs. DBI, PCD, heard December 5, 2001. Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Cullum absent) to overrule the denial by the Planning Commission, and grant the subject permit on condition that the doors to the rear decks be removed and replaced with windows, and with an NSR to be recorded prohibiting the use of the two roof areas as decks, with said NSR to be adopted on December 12, 2001.
(5) APPEAL NO. 01-163
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BEATRIZ RIVAS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1762 La Salle Avenue.
[Protesting issuance on September 6, 2001, to [Ricardo Orellana, Permit to Alter a Building [(remove illegal kitchen and bath in basement [unit, cap utilities at source, remove non-load [bearing partition walls of bedroom and [closets).
[APPLICATION NO. 2001/09/06/7754.
[HEARING RESCHEDULED BY BOARD [FROM DEC. 5, 2001 FOR A REPORT BY DBI [CONCERNING LIFE/SAFETY ISSUES AT [THE SUBJECT PROPERTY.
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(6) APPEAL NO. 01-194
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CLYDE & LISA IKEDA, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principal(s): RICHARD GARCIA,
ROBERT & DOROTHY CHAN
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[2252 Beach Street.
[Appealing denial on October 16, 2001, of Site [Permit to Alter a Building (third floor addition, [interior remodel, one-story addition with [terrace above located at rear)
[APPLICATION NO. 2000/10/20/3640S.
[FOR HEARING TODAY.
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ITEMS ( A) & ( B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 01-081
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WEST CORK HOTEL LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[144 Eddy Street.
[Zoning Administrator Determination dated April [24, 2001, addressed to Randy Shaw of the [Tenderloin Housing Clinic, that the previous [tourist hotel use, the Empress Hotel, located in [the North of Market Special Use District No.1 [was a non-conforming use under Planning [Code Section 180, that the tourist hotel use has [been discontinued for a continuous [period of at [least three years and tourist hotel use [may not [be re-established except in compliance with [present requirements of City Codes as [applicable.
[PUBLIC HEARING HELD & CLOSED [OCTOBER 24, 2001.
[FOR FURTHER CONSIDERATION TODAY.
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(7B)APPEAL NO. 01-082
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EMPRESS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[144 Eddy Street.
[Zoning Administrator Determination dated April [24, 2001, addressed to Randy Shaw of the [Tenderloin Housing Clinic, that the previous [tourist hotel use, the Empress Hotel, located in [the North of Market Special Use District No.1 [was a non-conforming use under Planning [Code Section 180, that the tourist hotel use has [been discontinued for a continuous period of at [least three years and tourist hotel use may not [be re-established except in compliance with [present requirements of City Codes as [applicable.
[PUBLIC HEARING HELD & CLOSED [OCTOBER 24, 2001.
[FOR FURTHER CONSIDERATION TODAY.
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(8) APPEAL NO. 01-035
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ROBERT HEYMANN,
dba "NATIONAL RENTAL CAR", Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[1600 Mission Street.
[Appealing Zoning Administrator determination [dated January 23, 2001 that a Police Permit [Application Zoning Referral for a Driverless [Auto Rental business is recommended for [disapproval for failure to meet various [policies [and objectives of the Planning Code and to [resolve the issues raised.
[PUBLIC TESTIMONY HEARD JUNE 13, 2001.
[FOR FURTHER CONSIDERATION TODAY.
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(9) APPEAL NO. 01-172
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DON KEELY, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[3628 - 22nd Street.
[Protesting issuance on September 17, 2001, to [Peter Birmingham, Permit to Alter a Building [(install roof deck within envelope of building).
[APPLICATION NO. 2000/09/15/0630.
[FOR HEARING TODAY.
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(10) APPEAL NO. 01-173
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AMBROSE LUK, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1851 - 31st Avenue.
[Protesting issuance on September 19, 2001, to [Sue Wong, Site Permit to Alter a Building [(horizontal rear addition).
[APPLICATION NO. 2000/07/13/5054S.
[FOR HEARING TODAY.
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(11) APPEAL NO. 01-175
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JACKIE HOLLAND, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[271 Cumberland Street #5.
[Protesting issuance on September 24, 2001, to [Chuck Louden, Permit to Alter a Building [(comply with NOV, replacement roof deck, 2X4 [sleepers on asphalt roof (legalize existing [deck)).
[APPLICATION NO. 2001/09/24/9018.
[FOR HEARING TODAY.
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(12) APPEAL NO. 00-255
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VERONICA &
GEORGE TEDESCHI, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[2526 Clement Street.
[Notice of Violation dated December 8, 2000, [that the cottage in the rear yard used as a [dwelling is in conflict with the RH-2 use district [limitations allowing a maximum of two dwelling [units on the site.
[FOR HEARING TODAY.
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(13) APPEAL NO. 01-107
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BARNES FAMILY TRUST, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[135-141 - 10th Street.
[Appeal of Determination dated June 13, 2001, [addressed to Marie Zeller at Petri Merker [Architects, that the establishment of architectural [offices is prohibited on the subject property [because it only has two stories, and Planning [Code Section 803.5(k) limits architectural offices [in the Service Light Industrial Residential zoning [district to occupancy on the third floor or above [with no more than 3,000sf per establishment per [building; and there is no evidence that a legal [non-conforming office use has been established [at the subject property.
[FOR HEARING TODAY.
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(14) APPEAL NO. 01-148
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EMILY TAN, ADRIENNE LEWIS &
JACQUELINE HAVEMAN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[14 University Street.
[Protesting issuance on August 13, 2001, to [Mele Lowman, Site Permit to Alter a Building [(rear two-story extension with one new bath, [rebuild existing stair case)
[APPLICATION NO. 2000/12/12/7774S.
[FOR HEARING TODAY.
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(15) APPEAL NO. 01-197
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EMILY JOY BENKERT, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[56 Sheridan Street.
[Protesting issuance on October 16, 2001, to [Richard Hart, Site Permit to Erect a Building [(five-story, four-unit building, 50 feet in height, [with 2,459sf of ground floor area).
[APPLICATION NO. 2001/05/15/9233S.
[FOR HEARING TODAY.
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(16)APPEAL NO. 01-141
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ESMERALDO NOCON, Appellant
ZONING ADMINISTRATOR, Respondent
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[951-957 Mission Street.
[Appealing a Notice of Violation dated August 8, [2001, alleging that the subject property at 951-957 [Mission Street is being used for business or [professional offices that do not provide on-site [services to the general public with out benefit of [Conditional Use (CU) authorization from the [Planning Commission, in violation of Planning [Code Section 219(d).
[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.
Date posted: December 6, 2001
