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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, JUNE 9, 2004

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: 

(3A)   REHEARING REQUEST:                          

572 San Jose Avenue; Appeal No(s). 03-194; Tehlirian vs. DBI, PCD

Letter Ara Tehlirian, co-appellant, requesting rehearing of Appeal No(s). 03-194, decided March 3, 2004.  At that time, upon motion by President Harrington, the Board voted 3-2 (Commissioners Shoemaker & Sugaya dissented) to overrule the denial and grant the permit with conditions as presented by the appellant.  Four votes being required to overrule a departmental action, the denial of the subject permit was upheld.  Project: on two-unit building, horizontal and vertical addition, 335sf on ground floor, 368sf on 2nd floor, and 1038sf on 3rd floor; electrical, plumbing, and mechanical under separate permit.   DR Requestor(s): Jose Morales. 

Note:  The public hearing on this rehearing request was held and closed on March 31, 2004.

 

(3B)   JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:   

968-970 Hampshire Street; Permit issued on April 9, 2004

Last day to appeal was April 26, 2004; Jurisdiction request received May 3, 2004          

Letter from Raquel Fox, attorney for Requestor(s) David Garcia, asking that the Board take jurisdiction over Building Permit Application No(s). 2004/04/09/0939.  Project: on 2-unit residential building, removal of existing interior walls that are non-bearing as well as removal of kitchen; removal of non-conforming unit.  Permit Holder(s):  Tim Berkley. 

 

ITEMS (4A), (4B) & (4C) SHALL BE HEARD TOGETHER:

(4A)   APPEAL NO. 03-056

GREGORY ERLACH, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION,

                                              Respondent

PLANNING DEPT. APPROVAL

 

 

531 – 43rd Avenue.

Protesting the issuance on March 27, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: install 5’ high fence on side of front yard, treated vertical posts on 4’ centers, redwood lattice full height between verticals, pre-formed 3’ metal footings driven into ground floor for verticals, capped by treated 2” X 4” (on side) tying 5 posts together; 8’6” free standing; rest next to building)

APPLICATION NO. 2003/03/27/0836.

FOR HEARING TODAY.

(4B)  APPEAL NO. 03-067

GREGORY ERLACH, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION,

                                              Respondent

PLANNING DEPT. APPROVAL

531 – 43rd Avenue.

Protesting the issuance on May 2, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: rebuild existing rear stairs in-kind).

APPLICATION NO. 2003/05/02/3742.

FOR HEARING TODAY.

(4C)   APPEAL NO. 04-032

ALAN FREEBURY, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

 

 

 

531 – 43rd Avenue.

Appealing a determination dated April 6, 2004, addressed to Alan Freebury, that Building Permit Application No(s). 2003/05/02/3742 (rebuild existing rear stairs in kind) was approved by the Planning Department in error on the basis of an inaccurate application, that the subject rear stairs as constructed in 1988 without the benefit of permit did require a variance at that time, and that a variance should have been sought and granted prior to Planning approval of the Building Permit, and that a property line firewall may be required for any legal permit to replace the existing illegally constructed stairs which may require neighborhood notification and a variance. 

FOR HEARING TODAY.

 

(5)   APPEAL NO. 03-154

ULYSSES NAPURI

dba “LAST STOP SOUVENIR”, Appellant(s)

                        vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET USE & MAPPING,

                                                        Respondent

 

498 Beach Street.

Appealing the denial on May 5, 2003, of a Sidewalk Display Merchandise Permit.

ORDER NO. 174,098.

JURISDICTION GRANTED SEPT. 17, 2003.

PUBLIC HEARING HELD & CLOSED ON DEC. 10, 2003.

FOR FURTHER CONSIDERATION TODAY.

 

ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:

(6A)    APPEAL NO. 04-031

CARL OLSON, Appellant(s)

                        vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET USE & MAPPING,     

                                                       Respondent          

 

 

NE corner of 3rd Street & Mission Street, NE corner of Geary Street & Stockton Street, SE corner of King Street & 3rd Street, and 2 locations on Market Street near Powell Street, 835 & 865 Market Street.

Protesting the issuance on April 7, 2004, to JC Decaux San Francisco Inc., Public Service Advertising Kiosk Permit.

PERMIT NO. 04PSK-001.

FOR HEARING TODAY.

(6B)    APPEAL NO. 04-033

WESTFIELD

SAN FRANCISCO CENTRE, Appellant(s)

                        vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET USE & MAPPING,      

                                                      Respondent          

 

NE corner of 3rd Street & Mission Street, NE corner of Geary Street & Stockton Street, SE corner of King Street & 3rd Street, and 2 locations on Market Street near Powell Street, 835 & 865 Market Street.

Protesting the issuance on April 7, 2004, to JC Decaux San Francisco Inc., Public Service Advertising Kiosk Permit.

PERMIT NO. 04PSK-001.

FOR HEARING TODAY.

 

(7)   APPEAL NO. 03-196

FRANCIS DAVID RYAN, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

1018 Clayton Street.

Protesting the issuance on Sept. 22, 2003, to Gunther Dertz, Permit to Alter a Building (on single-family house: construct 7’ X 36” high one-hour fire rated parapet on roof at south side).

APPLICATION NO. 2003/09/22/5414.

JURISDICTION GRANTED 11/12/03.

Note: On March 24, 2004, the Board voted 3-2 to uphold the subject permit.  On April 28, 2004, the Board voted 4-1 to grant the appellant’s rehearing request, and to set the rehearing for June 9, 2004.

FOR REHEARING TODAY.

 

(8)    APPEAL NO. 04-005

JIMMY CHU, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

 

 

425 Junipero Serra Boulevard.

Appealing a Notice of Decision by Frank Chiu, Director of the Dept. of Building Inspection, dated Jan. 5, 2004, that an unlawful residential demolition has taken place at the subject property under Building Code §§ 103.3, 103.3.1 & 103.3.2, that Building Permit Application No(s). 2003/02/13/7355, 2003/05/14/4558 and 2003/06/20/7261 are hereby revoked, and that a 5 year moratorium on the issuance of building permits is hereby imposed pursuant to Building Code § 103.3.1.

PUBLIC HEARING CLOSED ON 5/12/04.

FOR FURTHER CONSIDERATION TODAY.

 

(9)   APPEAL NO. 04-025

ELEONORA BLETNITSKY, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

101 – 17th Avenue.

Protesting the issuance on March 18, 2004, to James Riley, Permit to Alter a Building (on a residential duplex: revision to BPA No(s). 2001/06/20/1979, to construct new fence 9’6” high for 20’, and 6’ at 10’ high; return approximately 2’6” into corner of building; move security gate back 11’ into alley way).

APPLICATION NO. 2004/03/18/8966.

FOR HEARING TODAY.

 

(10)   APPEAL NO. 04-028

BRIAN BASINGER, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

65-67 Pearl Street.

Protesting the issuance on February 5, 2004, to Jan Neufeld, Permit to Alter a Building (on two-unit building: install new garage according to attached drawings dated 12/9/03). 

APPLICATION NO. 2004/02/05/5723.

JURISDICTION GRANTED 03/24/04.

FOR HEARING TODAY.

 

(11)   APPEAL NO. 04-029

MALANA MOBERG, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

899 North Point.

Protesting the issuance on March 30, 2004, to Galway Properties II, Permit to Demolish a Building (one-story gas station with 1,650sf of ground floor area). 

APPLICATION NO. 2003/04/25/3194.

FOR HEARING TODAY.

 

(12)   APPEAL NO. 04-030

MARVIN LAU, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

 

 

714 – 22nd Street.

Appealing the denial on April 15, 2004, of a Permit to Alter a Building (on 3-unit residential building: install 12 vinyl windows in kind into existing frames; no structural changes; windows face front and are visible from the street; if applicable, bedroom windows shall comply with § 310.4 for rescue).

APPLICATION NO. 2004/04/15/1367.

FOR HEARING TODAY.

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.

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:  May 27th, 2004