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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, MARCH 10, 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)   JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                          

Subject property at 945 Darien Way; Request to suspend permit dated Oct. 1, 2003

Last day to appeal was Oct. 16, 2003; Jurisdiction request received on Dec. 8, 2003                                                                                                     

Letter from Nina Guralnik, requestor(s), asking that the Board take jurisdiction over a request by the Acting Zoning Administrator to suspend Building Permit Application No(s). 2003/08/05/1215.  Reason(s) for requesting suspension: subject permit was approved erroneously over-the-counter by the Planning Department, and a subsequent review of the architectural plans revealed that this permit was taken out to construct an illegal guesthouse in the existing garage space, rather than to repair fire damage as stated on the permit application. 

 

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

(4A)   APPEAL NO. 03-051

KEN PAGE, VINCENT LEGER,

& BUENA VISTA PARK LLC, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

 

 

21 Buena Vista East Avenue.

Appealing the determination dated March 19, 2003, addressed to Andrew Zacks, that the subject property has a legal authorized use of 14 residential guest rooms and 1 dwelling unit, that residential guest rooms constitute “group housing” under § 209.2 of the Planning Code, that this group housing constitutes a permitted conditional use since it was established prior to the enactment of Conditional Use (CU) requirements for said use, and that this permitted conditional use shall be considered abandoned 3 years from the last legal date of residency of the last resident of said guest rooms. 

PUBLIC HEARING HELD SEPT. 24, 2003.

FOR FURTHER CONSIDERATION TODAY.

(4B)   APPEAL NO. 03-066

KEN PAGE, VINCENT LEGER,

& BUENA VISTA PARK LLC, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent          

 

21 Buena Vista East Avenue.

Appealing a determination dated April 24, 2003, addressed to Andrew Zacks, that the proposed physical modifications to various residential guest rooms at the subject property would result in less viable guest rooms and would constitute a partial conversion of the structure to single family-use from its current legal authorized use of 14 residential guest rooms and 1 dwelling unit, in violation of Planning Code.

PUBLIC HEARING HELD SEPT. 24, 2003.

FOR FURTHER CONSIDERATION TODAY.

 

(5)   APPEAL NO. 03-150

JESSIEKA DETRINIDAD, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

 

737 Pine Street. 

Appealing a determination dated July 7, 2003, addressed to Niall MacCormack, that the proposed conversion of storage space to a dwelling unit in this 39-unit apartment building would constitute an intensification of a legal non-conforming use, which is prohibited under Planning Code § 181(a).

JURISDICTION GRANTED SEPT. 17, 2003.

PUBLIC HEARING HELD DEC. 10, 2003.

FOR FURTHER CONSIDERATION TODAY.

 

(6)  APPEAL NO. 02-020

DAVID ADAMS, Appellant(s)

                       vs.

TAXI COMMISSION, Respondent

 

Appealing the denial on January 30, 2002, of a request to add the appellant’s name to taxicab medallion no(s). 129.

NOTE:  On Jan. 15, 2003, the Board voted to dismiss the case for lack of subject matter jurisdiction.  Then, pursuant to Superior Court Case No(s). CPF-03-502454, the Board vacated its dismissal of Jan. 15, 2003 and granted the appellant a hearing on the merits on June 25, 2003, at which time the Board upheld the action of the Taxi Commission.  On Feb. 4, 2004, the Board voted to grant the rehearing request by the appellant, and to schedule the rehearing for March 10, 2004.

FOR REHEARING TODAY.

 

(7)   APPEAL NO. 03-044

JOHN ARKEDER, Appellant(s)

                        vs.

TAXI COMMISSION, Respondent

Appealing the revocation on March 19, 2003, of taxicab medallion No. 1167.

RESOLUTION NO. 2003-09.

FOR HEARING TODAY.

 

(8)   APPEAL NO. 03-052

LANDO SIU, Appellant(s)

                        vs.

TAXI COMMISSION, Respondent

Appealing the revocation on March 25, 2003, of taxicab medallion #1181.

RESOLUTION NO. 2003-12.

NOTE:  At the original hearing of June 4, 2003, the Board voted to uphold the subject revocation.  On September 17, 2003, the Board voted to grant the jurisdiction request seeking a second     10-day rehearing request period; the Board also voted that same day to grant the rehearing request.

FOR REHEARING TODAY.

 

(9)   APPEAL NO. 03-068

JAMES NEILLY, Appellant(s)

                        vs.

TAXI COMMISSION, Respondent

Appealing the revocation on April 23, 2003, of medallion No. 897.

RESOLUTION NO. 2003-26.

FOR HEARING TODAY.

 

(10)   APPEAL NO. 04-007

JUDITH BERKOWITZ, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL          

 

3358 Cesar Chavez Street.

Protesting the issuance on Dec. 31, 2003, to La Raza Centro Legal, Permit to Alter a Building (on two-unit residential / office building: provide accessible entry and lateral strengthening of building façade via a new glass storefront at ground level only; provide ramp to connect both levels of ground floor (21” elevation difference) and accessible unisex restroom; flooring, lighting, heating upgrades; change of use; mechanical/lighting under separate permit).

APPLICATION NO. 2002/05/23/7284.

FOR HEARING TODAY.

 

(11)   APPEAL NO. 04-008

SERVELINA CONDE, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

 

 

155 Ellington Street.

Protesting the issuance on January 12, 2004, to Conrad Navarro, Permit to Alter a Building (on single-family house: comply with complaint no. 200446665; foundation revision to Building Permit Application No. 2003/12/02/1393). 

APPLICATION NO. 2004/01/12/3781.

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:  March 4, 2004