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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, FEBRUARY 4, 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)    ELECTION OF OFFICERS:

 

(3)    COMMISSIONERS COMMENTS & QUESTIONS:

 

(4)     SPECIAL ITEM(S)

ITEM A:  Presentation by Planning Dept. staff of the Revised Residential Design Guidelines.   

ITEM B: Presentation by Planning Dept. staff of the recently adopted Temporary Residential Demolition Policy

 

(5)   ADDENDUM ITEMS

(5A)    REHEARING REQUEST:                        

Taxi Medallion No(s). 129; Appeal No(s). 02-020; Adams vs. Taxi Commission

Letter from John Feldmann III, Attorney for David Adams, Appellant(s), requesting rehearing of Appeal No(s). 02-020, decided June 25, 2003.  At that time, upon motion by Commissioner Saunders, the Board voted 3-2 (Commissioners Shoemaker & Sugaya dissented) to overrule the Taxi Commission and add the appellant’s name to the subject medallion.  Four votes being required under Charter § 4.106 to overturn or modify a departmental action, the motion failed, and the Taxi Commission’s denial of the request to add the appellant’s name to medallion no. 129 was upheld. 

 

(5B)  ADOPTION OF FINDINGS:                         

3632-3638 Sacramento Street; Appeal No(s). 03-122; Bulkley vs. DBI, Planning Dept. Disapproval                                                    

Proposed findings submitted by appellant Honor Bulkley.  For discussion and adoption.  Note: On Dec. 3, 2003, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the denial, and grant the permit with adoption of findings on Dec. 17, 2003.  Project: on two-story office/residential building in the Sacramento Street Neighborhood Commercial Zoning District: level two has apparently been used for offices since 1976; the purpose of this application is to legalize present use; no construction is proposed.  Property Owner(s): Honor Bulkley. 

 

(6)   APPEAL NO. 03-198

PETER MAN, Appellant(s)

                        vs.

POLICE DEPARTMENT, Respondent

662 Mission Street.

Appealing the denial on December 2, 2003, of a Valet Parking-Fixed Location Permit (P48).

FOR HEARING TODAY.

 

(7)         CONSENT ITEMS (DBI PENALTY)

With the consent of the Dept. 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.

(7A)  APPEAL NO. 03-195

PRENTICE STEFFEN, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

122 Hugo Street.

Appeal for refund of penalty imposed on November 12, 2003, for work done without a permit (on 2-unit building: NOV #200343243; add partitions to separate one large storage area into a weight room, passage way and storage room).

APPLICATION NO. 2003/10/03/6543.

FOR HEARING TODAY.

(7B)  APPEAL NO. 03-200

JAMES CHAU, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

 

 

2783 Folsom Street.

Appeal for refund of penalty imposed on Dec. 17, 2003 for work done without a permit (on two-story office-building: as built layout, for final inspection only, interior layout changes only).

APPLICATION NO. 2003/11/04/9386.

FOR HEARING TODAY.

 

(8)     APPEAL NO. 03-019

LIKE LIU, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2282 – 28th Avenue.

Protesting the issuance on November 12, 2002, to Cheng Lee, Permit to Alter a Building (on single-family house: remove illegal unit at ground floor, remove non-bearing partitions, kitchen, toilet and closet; create new storage).

APPLICATION NO. 2002/11/12/1225.

JURISDICTION GRANTED JAN. 22, 2003.

Note: The Board voted 4-0-1 on April 2, 2003 to uphold the subject permit due to non-appearance of appellant.  On April 30, 2003, the Board voted 5-0 to grant the appellant’s rehearing request.  At the rehearing of June 4, 2003, the Board voted to place the matter on the Call of the Chair so that the parties could work on an agreement.  Both parties have now requested that the matter be brought back to the Board.

REHEARING HELD & CLOSED ON JUNE 4, 2003.

FOR FURTHER CONSIDERATION TODAY.

Further Note: Audiotapes of the June 4, 2003 testimony were available for review by Board members.

 

(9)  APPEAL NO. V03-106

ROGER LOTZ, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

 

561 Sanchez Street.

Protesting the granting on June 24, 2003, to Gordon Atkinson (Subject Property Owner Gus Nelson), Rear Yard Variance (on single-family house: construction of a deck and stairs within the required rear yard of the existing, non-complying, single-family dwelling; the proposed deck would extend 3 feet to the north from the north building wall of the legal non-complying extension, 12 feet towards the rear with the stairs extending an additional 10 feet at the south side of the deck; no privacy screen is required).

VARIANCE CASE NO. 2003.0040V.

FOR HEARING TODAY.

 

(10)   APPEAL NO. 03-153

MICHAEL McCREADY, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

355 Country Club Drive.

Protesting the issuance on September 18, 2003, to Karen Wong, Site Permit to Alter a Building (on single-family house: 2nd floor addition).

APPLICATION NO. 2001/08/21/6532S.

PUBLIC HEARING HELD DEC. 10, 2003.

FOR FURTHER CONSIDERATION TODAY.

 

(11)   APPEAL NO. 03-191

KUMAR PATEL

& DOUGLAS GOLDMAN, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

2518 Union Street.

Protesting the issuance on October 31, 2003, to Marc Cabi, Permit to Alter a Building (on single-family house: 3-story rear addition, bay additions east/west sides, new foundation, garage addition, terrace addition at front, new rear egress stair, roof alterations, remodel kitchen and bathrooms).

APPLICATION NO. 2001/04/11/6580.

FOR HEARING TODAY.

 

ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:

(12A)   APPEAL NO. 03-197

ALL-CITY CONSTRUCTION CO., Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

 

 

 

641 – 27th Avenue.

Appealing a Notice of Decision by Frank Chiu, Director of the Dept. of Building Inspection, dated Dec. 3, 2003, 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). 2002/09/09/5995 is hereby revoked, and that a 5 year moratorium on the issuance of building permits is hereby imposed pursuant to Building Code § 103.3.1.

FOR HEARING TODAY.

(12B)   APPEAL NO. 03-199

HOWARD & SUSIE WOO, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

 

 

 

641 – 27th Avenue.

Appealing a Notice of Decision by Frank Chiu, Director of the Dept. of Building Inspection, dated Dec. 3, 2003, 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). 2002/09/09/5995 is hereby revoked, and that a 5 year moratorium on the issuance of building permits is hereby imposed pursuant to Building Code § 103.3.1.

FOR HEARING TODAY.

 

(13)   APPEAL NO. 03-201

MARIO CASTAGNOLA, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

529 – 21st Avenue.

Protesting the issuance on December 5, 2003, to Waishan Leung, Site Permit to Erect a Building (4-story, 2-unit building with 1,770sf of ground floor area).

APPLICATION NO. 2002/06/14/9075S.

FOR HEARING TODAY.

 

(14)    APPEAL NO. 03-202

JUDITH ALLEN, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

2070 – 16th Avenue.

Protesting the issuance on Dec. 12, 2003, to Natalya Lvoff, Permit to Alter a Building (on single-family house: remove kitchen facility so as to remove non-conforming unit from ground floor).

APPLICATION NO. 2003/12/12/2242.

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:  Jan. 28th, 2004