2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, JUNE 19, 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)ADDENDUM ITEMS:
ITEM A: 3560-3566 - 20th Street. Letter from Micaela Lezcano, Appellant, requesting rehearing of Appeal 01-213, Lezcano vs. DPW, decided Feb. 6, 2002. At that time, upon motion by Commissioner Cullum, the Board voted 4-0-1 (President Chin absent) to uphold the denial by the Dept. of Public Works (DPW) of a permit to remove two trees (without replacement).
ITEM B: 4201-4211 Judah Street. Letter from Andrew Zacks, attorney for Bhazubai Patel, Appellant, requesting rehearing of Appeal No. 97-165, Patel vs. ZA, decided Feb. 18, 1998. Upon motion by Commissioner Salgado, the Board voted 1-4 (President Cullum, Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to uphold the subject determination. Two votes are needed to uphold a departmental action, and thus the motion failed. Afterwards, upon motion by Commissioner Schwartz, the Board voted 3-2 (President Cullum and Commissioner Salgado dissented) to overrule the subject determination. Four votes being necessary to overturn any departmental action, the motion failed, and thus the subject determination was upheld. Then, on April 1, 1998, the Board considered the request for rehearing by the appellant. At that time, upon motion by Commissioner Salgado, the Board voted 2-3 (Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to deny the request for rehearing. Afterwards, upon motion by Vice President McInerney, the Board voted 3-2 to continue the matter to await action by the Superior Court. PUBLIC TESTIMONY HEARD APRIL 1, 1998. FOR FURTHER CONSIDERATION TODAY.
ITEM C: 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 D: 3655 Clay Street. Letter from William Stricklin, Co-Appellant, requesting rehearing of Appeal No(s). V02-058, Robbins & Stricklin vs. ZA, decided May 22, 2002. Upon motion by Vice President McInerney, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the subject variance. Variance Holder(s): Diane Harwood & Andrew Dreyfus.
ITEM E: 144 Eddy Street. Letter from Andrew Zacks, attorney for appellant Empress LLC, requesting rehearing of Appeal No. 01-082, Empress LLC vs. ZA, decided January 9, 2002. Upon motion by Commissioner Cullum, the Board voted 3-2 (President Chin & Commissioner El Qadah dissented) to uphold the subject determination. Determination Holder: Tenderloin Housing Clinic.
ITEM F: 144 Eddy Street. Proposed findings for Appeal 01-081, West Cork LLC vs. ZA, and Appeal 01-082, Empress LLC vs. ZA, decided Jan. 9, 2002. Upon motion by Commissioner Cullum, the Board voted 3-2 (President Chin & Commissioner El Qadah dissented) to uphold the subject determination. Determination Holder: Tenderloin Housing Clinic. For adoption today.
ITEM G: 51-55 Vicksburg Street. Adoption of Findings for Appeal No. 02-039, Lesko vs. DBI,
PCD, decided June 12, 2002. Upon motion by Comm. El Qadah, the Board voted 5-0 to overrule the Planning Commission’s denial, and to grant the subject permit with adoption of finding on June 19, 2002.
(4) APPEAL NO. 02-033
|
GERARDO HERNANDEZ, Appellant(s)
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
|
ITEMS ( A) & ( B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 98-035
|
VICTOR TWAL dba "BUDDIES", Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
|
[498 Sanchez Street.
[Denial on February 13, 1998, of permit to Alter [a Building (legalize awning and sign installed [without permit).
[APPLICATION NO. 9723854.
[FOR HEARING TODAY.
|
(5B) APPEAL NO. 99-197
|
MICHAEL CRAWFORD &
TOM HANUS, dba "CHAT CAFÉ", Appellant(s)
vs.
DEPARTMENT OF PUBLIC WORKS,
Repondent
PLANNING DEPARTMENT DISAPPROVAL
|
[498 Sanchez Street.
[Denial on December 7, 1999, of permit for 12 [chairs on sidewalk.
[FOR HEARING TODAY.
|
(6) APPEAL NO. 00-096
|
TREVOR FOOKS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
[1623-1625 Noe Street.
[Zoning Administrator’s determination dated [June 13, 2000 that under the RH-2 zoning of [the property, the illegal third basement unit of [the two-unit building must be removed, and [with certain alterations the space may remain [habitable space as part of one of the two lawful [units.
[FOR HEARING TODAY.
|
ITEMS ( A) & ( B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 02-074
|
THOMAS & MARY SPILLANE, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
|
[1342 Funston Avenue.
[Protesting the issuance on April 11, 2002, to [Victoria Esmas, Site Permit to Alter a Building [(horizontal extension in rear per plans, convert [from single family to two family dwellings, new [front finish stucco to match new addition).
[APPLICATION NO. 2000/10/11/2633S.
[FOR HEARING TODAY.
|
(7B) APPEAL NO. 02-077
|
PATRICIA BRETZER, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
|
[1342 Funston Avenue.
[Protesting the issuance on April 11, 2002, to [Victoria Esmas, Site Permit to Alter a Building [(horizontal extension in rear per plans, convert [from single family to two family dwellings, new [front finish stucco to match new addition).
[APPLICATION NO. 2000/10/11/2633S.
[FOR HEARING TODAY.
|
(8) APPEAL NO. 02-075
|
ROBERT HALLEWELL, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principals: N/A (Staff Initiated DR)
|
[42-44 August Alley.
[Appealing the denial on April 25, 2002, of Site [Permit to Alter a Building (convert from 2 units [to single family, remove kitchen, add one bath, [revise entry doors).
[APPLICATION NO. 2001/09/21/8977.
[FOR HEARING TODAY.
|
(9) 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.
[FOR HEARING TODAY.
|
(10) APPEAL NO. 01-115
|
THERESA ISSERMAN, Appellant(s)
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.
[FOR HEARING TODAY.
|
ITEMS ( A) & ( B) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 02-055
|
STANLEY CHOW, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principal(s): N/A (Staff Initiated DR)
|
[1323 - 41st Avenue.
[Appealing denial on March 29, 2002, of Permit [to Demolish a Building (two-story building, [20 feet 6 inches in height with 867sf of ground [floor area).
[APPLICATION NO. 2001/01/24/0455.
[FOR HEARING TODAY.
|
(11B) APPEAL NO. 02-056
|
STANLEY CHOW, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principal(s): N/A (Staff Initiated DR)
|
[1323 - 41st Avenue.
[Appealing denial on March 29, 2002, of Site [Permit to Erect a Building (four-story, two-unit [residential building with 1,667sf of ground floor [area).
[APPLICATION NO. 2001/01/24/0457S.
[FOR HEARING TODAY.
|
(12) APPEAL NO. 02-040
|
SOMARTS CULTURAL CENTER, Appellant(s)
POLICE DEPARTMENT, Respondent
|
[934 Brannan Street.
[Appealing the expiration on March 4, 2002, of [the conditional grant of Place of Entertainment & Dance Hall Keeper Permits.
[FOR HEARING TODAY.
|
(13) APPEAL NO. 02-036
|
GABRIEL SANCHEZ & LORENZO
AVIGNONI dba "MONARCH SCOOTERS", Appellant(s)
ZONING ADMINISTRATOR, Respondent
|
[1684 - 15th Street.
[Appealing a determination dated Feb. 26, [2002, addressed to Gabriel Sanchez & [Lorenzo Avignoni, that Planning Code [§ 726.61 does not allow the use of the subject [property building for sale of motor scooters, [automotive sales or rental as a principal use [within the Valencia Neighborhood Commercial [District (NCD).
[FOR HEARING TODAY.
|
(14) APPEAL NO. 02-030
|
FOSTER MEDIA, Appellant(s)
ZONING ADMINISTRATOR, Respondent
|
[50 - 8th Street.
[Appealing a determination dated February 1, [2002, addressed to Lars Skugstad at Foster [Media, that Building Permit Application No(s). [2002/01/22/7467 for a general advertising sign [at the subject property is disapproved because [the subject property is visible from and located [within 200 feet of the Market Street Special [Sign District.
[FOR HEARING TODAY.
|
(15) APPEAL NO. 02-093
|
FOSTER MEDIA, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
§ 14 PARTIES: N/A
|
[198 Valencia Street.
[Appealing the denial on May 31, 2002, of [Permit to Erect a Sign (14’ in height, 48’ in [width, with 672sf of total surface area).
[APPLICATION NO. 2001/12/10/4877.
[FOR HEARING TODAY.
|
(16) APPEAL NO. 02-076
|
JAMES RANKIN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
[877 Bryant Street.
[Appealing a Request for Suspension of [Building Permit Application No(s). [2002/04/08/3308, dated April 23, 2002, [addressed to Director Frank Chiu of the Dept. [of Building Inspection, for the reason that the [subject property has an active block book [notation and the Planning Department would [like to allow the public to file for a Discretionary [Review hearing.
[FOR HEARING TODAY.
|
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. Please call 575-6880 if you have any questions concerning this agenda.
Date posted: June 13, 2002
