2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, OCTOBER 23, 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)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.
(3A) APPEAL NO. 02-080
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CHRISTINA KUNG, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1000 Cabrillo Street.
[Appeal for refund of penalty imposed on May 2, [2002 for work done without a permit.
[APPLICATION NO. 2002/01/29/7919.
[FOR HEARING TODAY.
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(3B) APPEAL NO. 02-087
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BARBARA SAVITZ, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[230 Duncan Street.
[Appeal for refund of penalty imposed on May 6, [2002, for work done without a permit.
[APPLICATION NO. 2002/04/22/4645.
[FOR HEARING TODAY.
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(3C) APPEAL NO. 02-091
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ROBERT HINDI, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[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.
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(3D) APPEAL NO. 02-102
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ELLEN KERMAN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[248 Thrift Street.
[Appeal for refund of penalty imposed on [June 11, 2002, for work done without a permit.
[APPLICATION NO. 2002/05/20/6955.
[FOR HEARING TODAY.
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(3E) APPEAL NO. 02-126
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KANG WEN CHING, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[8 Teddy Avenue.
[Appealing the imposition of penalty on July 10, [2002, for work done without a permit.
[APPLICATION NO. 2002/06/21/9737.
[FOR HEARING TODAY.
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(3F) APPEAL NO. 02-151
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YOUNG K. CHO, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[822 Persia Avenue.
[Appeal for refund of penalty imposed on [August 7, 2002, for work done without a permit.
[APPLICATION NO. 2002/07/23/2056.
[FOR HEARING TODAY.
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(3G) APPEAL NO. 02-165
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BILL SALMON, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2112 Baker Street.
[Appeal for refund of penalty imposed on [August 21, 2002, for work done without a [permit.
[APPLICATION NO. 2001/05/21/9594S.
[FOR HEARING TODAY.
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(3H) APPEAL NO. 02-175
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JAWAD J. MUHAWIEH, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1148 Alabama Street.
[Appeal for refund of penalty imposed on August [27, 2002, for work done without a permit.
[APPLICATION NO. 2002/08/14/3907
[FOR HEARING TODAY.
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(3I) APPEAL NO. 02-186
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CARMEN MURPHY, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[240 Judson Avenue.
[Appealing the imposition of penalty on [September 16, 2002, for work done without a [permit.
[APPLICATION NO. 2002/07/25/2384.
[FOR HEARING TODAY.
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(4)CONSENT ITEMS (POLICE REVOCATION): With the consent of the Police Department, the Board will proceed to a vote without testimony to overrule the revocation of the subject permit(s) with the condition that the appellants pay all appropriate permit fees. Without consent the Board will take testimony and then decide the appeal.
(4A) APPEAL NO. 02-184
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MINEY LLC dba
"CURVE BAR & RESTAURANT", Appellant(s)
POLICE DEPARTMENT, Respondent
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[ 747 - 3rd Street.
[Appealing the revocation on August 28, 2002, [of Place of Entertainment/Dance Hall Keeper [Permit due to non-payment of fees.
[ACCOUNT NO. 1155.
[FOR HEARING TODAY.
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(4B) APPEAL NO. 02-188
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YONG MOOSE, Appellant(s)
POLICE DEPARTMENT, Respondent
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[Appealing the revocation on August 28, 2002, [of Outcall Massage Service Permit due to non-payment of fees.
[ACCOUNT NO. 140.
[FOR HEARING TODAY.
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(4C) APPEAL NO. 02-189
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YONG MOOSE, Appellant(s)
POLICE DEPARTMENT, Respondent
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[Appealing the revocation on August 28, 2002, [of Masseuse Permit due to non-payment of [fees.
[ACCOUNT NO. 151.
[FOR HEARING TODAY.
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(5)JURISDICTION REQUESTS:
ITEM A: 41 Teddy Avenue. Letter from Wenson Bonifacio, Requestor, asking that the Board take jurisdiction over Building Permit Application No(s). 2001/12/05/4585. Permit Holder(s): James Myers. Project: remove temporary walls, stove installed by tenant, return space to garage, comply with NOV # 200121953.
Date Permit Issued: April 2, 2002.
Last Day to Appeal: April 17, 2002
Jurisdiction Request Received: June 5, 2002
(5) JURISDICTION REQUESTS (CONTINUED):
ITEM B: 3646 Baker Street. Letter from George Lippi, Requestor/Permit Holder, asking that the Board take jurisdiction over Building Permit Application No(s). 2002/01/08/6448 for the purpose of filing a penalty appeal.
Date Permit Issued: January 17, 2002.
Last Day to Appeal: February 1, 2002
Jurisdiction Request Received: June 18, 2002
ITEM C: 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 D: 706 Wisconsin Street. Letter from Christopher Parber & Maria Esther Gonzalez-Parber, requesting that the Board take jurisdiction over Building Permit Application No(s). 2002/08/06/3220. Permit Holder(s): Tom McDonald. Project: remodel kitchen, bathrooms, repair rear deck.
Date Permit(s) Issued: August 6, 2002
Last Day to Appeal: August 21, 2002
Jurisdiction Request(s) Received: August 23, 2002
ITEM E: 2937 Balboa Street. Letter from Gene Keenan, Requestor, asking that the Board take jurisdiction over Building Permit Application No(s). 2001/02/27/2987. Permit Holder(s): Ting Jong Yuen. Project: add extension at rear of existing building.
Date Permit Issued: August 26, 2002.
Last Day to Appeal: September 10, 2002
Jurisdiction Request Received: September 16, 2002
(5) JURISDICTION REQUESTS (CONTINUED):
ITEM F: 740 Vermont Street. Letter from Carl Maletic, Agent for Requestor Mario Benassini, asking that the Board take jurisdiction over Variance Case No. 2002.0840V. Variance Holder(s): Joyce Book. Project: rear yard variance in order to reconstruct a non-complying portion of a single-family dwelling (with respect to rear yard) which was voluntarily removed.
Date Variance Granted: Sept. 5, 2002.
Last Day to Appeal: September 15, 2002
Jurisdiction Request Received: September 30, 2002
(6) REHEARING REQUESTS:
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: 1478 Page Street. Letter from Katherine Roberts, Co-Appellant, requesting rehearing of Appeal No(s). 02-067, Roberts & Dyer vs. DPW, decided June 5, 2002. Upon Motion by Commissioner Cullum, the Board voted 5-0 to uphold the subject permit. Project: remove and replace one tree with an "in-lieu" fee condition. Permit Holder(s): Michael Farr.
ITEM C: 1514 Waller Street. Letter from Katherine Roberts, Co-Appellant, requesting rehearing of Appeal No(s). 02-054, Roberts & Dyer vs. DPW, decided June 5, 2002. Upon Motion by Commissioner Saunders, the Board voted 5-0 to uphold the subject permit. Project: remove one tree without replacement. Permit Holder(s): Brendon McKenna.
ITEM D: Taxicab medallion no(s). 129. letter from John Feldmann III, Attorney for David Adams, Appellant, requesting rehearing of Appeal No(s). 02-020, Adams vs. Taxi Commission, decided June 12, 2002. Upon motion by Commissioner Cullum, the Board voted 3-2 (President Chin & Commissioner El Qadah dissented) to dismiss the case for lack of subject matter jurisdiction.
(7) APPEAL NO. V02-158
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JIM MEKO, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1346 Folsom Street / 75 Dore Street.
[Protesting the granting on August 5, 2002, to [Citizens Housing Corporation, Parking & Rear [Yard Variance(s) (construction of a new [building that would be built within the required [rear yard, and would include only 16 parking [spaces where 98 parking spaces would be [otherwise required).
[VARIANCE CASE NO. 2002.0261V.
[FOR HEARING TODAY.
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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: October 17, 2002
