2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JULY 9, 2003
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
(1) PUBLIC COMMENT:
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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.
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(2) COMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
1059-1061 Market Street; Permits Suspended on May 12, 2003; Last Day to Appeal was May 27, 2003; Jurisdiction Request Received June 13, 2003
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Letter from Joel Yodowitz, Attorney for Tammy Ho, Requestor(s), asking that the Board take jurisdiction over the suspension of Building Permit Application No(s). 2000/05/15/0050, 2001/09/25/9156, 2001/09/26/9258, 2001/12/18/5501, 2002/02/26/0121, 2002/02/26/0114, 2002/05/14/6517, 2002/07/11/1182, 2002/08/08/3541, 2002/08/16/4177, 2002/10/18/9329, & 2002/10/18/9328. Reason(s) for suspension: the Planning Department believes that these permits were issued in error because they were not routed to the Planning Department for review and a required public hearing in violation of Planning Code § 321.
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(3B) REHEARING REQUEST:
3251-3253 Steiner St. / 2205 Lombard St.;
Appeal No(s). 03-036; Clear Channel vs. DBI, PDA
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Letter from Jared Eigerman, attorney for Clear Channel, Appellant(s), requesting rehearing of Appeal No(s). 03-036, decided June 4, 2003. At that time, upon motion by Vice President Harrington, the Board voted 4-1 (President Chin dissented) to uphold the subject permit. Project: reinstallation of two 12’ X 24’ signs as soon as the existing mixed commercial building is waterproofed; existing angle and lag at wall to remain in place during removal and reinstallation. Permit Holder(s): Margaret Pocoroba.
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(3C) ADOPTION OF FINDINGS:
3251-3253 Steiner St. / 2205 Lombard St.;
Appeal No(s). 03-036; Clear Channel vs. DBI, PDA
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Proposed findings submitted by Brett Gladstone, attorney for Margaret Pocoroba, Permit Holder(s). For discussion and adoption if the rehearing request (Item 3B) is denied by the Board.
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(3D) REHEARING REQUEST:
1812 Green Street; Appeal No(s). 03-053;
Dollard vs. Zoning Administrator
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Letter from Jeremy Paul, Agent for Adrian & Anne Dollard, Appellant(s), requesting rehearing of Appeal No(s). 03-053, decided June 11, 2003. At that time, upon motion by Commissioner Sugaya, the Board voted 2-3 (President Chin, Vice President Harrington, & Commissioner Saunders dissented) to uphold the subject Permit Suspension Request by the Zoning Administrator. Four votes being required to overturn any departmental action, the motion passed, and the ZA’s Permit Suspension Request was upheld. Reason(s) for Suspension: the subject permit (BPA No. 2003/01/28/6145) incorrectly represented the current legal use of the property as a single family dwelling when it is a two-family dwelling, and for the reason that the permit is now being used as justification for a third permit (BPA No. 2002/02/21/8004) which proposes to remove an illegal kitchen on the 1st floor, which is not illegal, and the proposal constitutes a dwelling unit merger subject to the mandatory Discretionary Review process.
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(4) CONSENT ITEMS (DBI PENALTY):
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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.
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(4A) APPEAL NO. 03-069
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WILLIAM GILMORE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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628-632 Laguna Street.
Appeal for refund of penalty imposed on May 7, 2003, for work done without a permit (remove two illegal dwelling units per NOV #200337377 resulting in a legal 3-unit apartment building).
APPLICATION NO. 2003/03/25/0611.
FOR HEARING TODAY.
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(5) APPEAL NO. 02-172
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TOM KATZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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1349 Clayton Street.
Appealing the denial on August 30, 2002, of Permit to Alter a Building (on 13-unit apartment building: replace existing steel with vinyl retrofit – same shape and size; total 20 windows).
APPLICATION NO. 2002/07/25/2280.
NOTE: THE BOARD HELD A HEARING ON MARCH 19, 2003 AND VOTED TO UPHOLD THE DENIAL OF THE SUBJECT PERMIT. ON APRIL 23, 2003, THE BOARD VOTED 4-1 TO GRANT A REHEARING. AND AT THE REHEARING OF MAY 21, 2003, THE APPELLANT WAS NOT PRESENT, AND THE BOARD VOTED 5-0 TO UPHOLD THE DENIAL OF THE SUBJECT PERMIT. AND AT THE JURISDICTION REQUEST OF JUNE 25, 2003, THE BOARD VOTED 4-1 TO RESCIND THE MOTION OF MAY 21, 2003 UPHOLDING THE DENIAL OF THE SUBJECT PERMIT, AND TO RESCHEDULE A REHEARING FOR JULY 9, 2003 WITH LETTER NOTICES TO BE SENT OUT.
FOR REHEARING TODAY.
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(6) APPEAL NO. 03-044
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JOHN ARKEDER, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on March 19, 2003, of taxicab medallion No. 1167.
RESOLUTION NO. 2003-09.
FOR HEARING TODAY.
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(7) APPEAL NO. 03-068
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JAMES NEILLY, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on April 23, 2003, of medallion No. 897.
RESOLUTION NO. 2003-26.
FOR HEARING TODAY.
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ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 03-071
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JANET CODOR
& CHARLES HOFFMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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330 – 25th Avenue.
Protesting the issuance on May 12, 2003, to Michael Chan, Permit to Demolish a Building (two-story single family house with 1400sf of ground floor area).
APPLICATION NO. 2000/04/05/6501
FOR HEARING TODAY.
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(8B) APPEAL NO. 03-072
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JANET CODOR
& CHARLES HOFFMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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330 – 25th Avenue.
Protesting the issuance on May 12, 2003, to Michael Chan, Site Permit to Erect a Building (three-story, two-unit condominium building with 2060sf of ground floor area).
APPLICATION NO. 2000/04/05/6504S.
FOR HEARING TODAY.
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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: 7/2/03
