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REGULAR MEETING OF THE SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, MAY 9, 2001
5:30 P.M., CITY HALL, ROOM 416
1 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 AND QUESTIONS.
(3)REQUESTS FOR REHEARING:
ITEM A: 710 - 10th Avenue. Letter from John M. Sanger, attorney for Joan Coleman Spaargaren, appellant, requesting rehearing of Appeal No. 00-215 heard on February 7, 2001. Upon motion by Commissioner McInerney, the Board voted 3-2 (President Chin and Commissioner Cullum dissented) to overrule the unlawful demolition determination. Four votes are needed to overrule a department and the determination was UPHELD.
ITEM B: 690 - 698 De Haro Street. Letter from Christopher Cole, attorney for Barry Duetsch, appellant, requesting rehearing of Appeal Nos. 01-029 - 01-033 heard on April 4, 2001. Upon motion by Commissioner Cullum, the Board vored 2-2 (President Chin and Commissioner McInerney dissented, Vice President Saunders absent) to reschedule the matter to May 9, 2001. Three votes being necessary to reschedule any case, the motion FAILED and the hearing went forward. Afterwards, upon motion by Commissioner McInerney, the Board voted 3-1 (Commissioner Cullum dissented, Vice President Saunders absent) to UPHOLD the demolition permit and the four site permits, with NEGATIVE DECLARATION FINDINGS that were read into the record by Commissioner McInerney.
REQUEST FOR JURISDICTION BEYOND THE FIFTEEN-DAY APPEAL PERIOD:
ITEM C: 348 Pine Street. Letter from Toni Bell, property manager for Cresleigh Management, representing H-V Rocklin Development, Inc., requesting jurisdiction over tables and chairs permit (01TC-046) issued to Dillers Delicatessen.
Date issued March 16, 2001
Last day to appeal April 2, 2001
Request for jurisdiction April 24, 2001
(4)CONSENT ITEM: 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.
(A)APPEAL NO. 01-064
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HOWARD WONG, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[626 Geneva Avenue.
[Appeal for Refund of Penalty imposed on [April 10, 2001.
[APPLICATION NO. 2001/04/06/6284.
[FOR HEARING TODAY.
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(5)APPEAL NO. 00-036
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MATTHEW WONG, Appellant
TAXICAB COMMISSION, Respondent
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[Revocation on March 2, 2000, of Taxicab [Medallion #942.
[RESOLUTION NO. 2000-17.
[FOR REHEARING TODAY.
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(6)APPEAL NO. 00-197
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MACEDONIO GUERZON, Appellant
TAXICAB COMMISSION, Respondent
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[Revocation on October 13, 2000, of [Taxicab Medallion #196.
[RESOLUTION NO. 2000-91.
[FOR HEARING TODAY.
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(7)APPEAL NO. 00-230
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ROBERT & MARILYN ALLEN, RALF & LESLEY JESCHKE, WILLIAM & SHERRILL McGRANE, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
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[222 El Camino Del Mar.
[Protesting issuance on October 31, 2000, to [Robert and Althea Howe, permit to Alter a [Building (construct solid and lattice fence at [two sides of rear yard; construct potting [shed on rear deck).
[APPLICATION NO. 2000/10/31/4533.
[PUBLIC HEARING CLOSED APRIL 4, [2001.
[FOR FURTHER CONSIDERATION TODAY.
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(8) APPEAL NO. 01-058
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JIMMY CHU, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2838 Sacramento Street.
[Suspension on March 23, 2001, of permit to [Alter a Building for failure to provide valid [Section 311 Notification for construction off-[street parking garage at front and expansion [of existing building to the side and addition [of new story on top.
[APPLICATION NO. 2000/08/11/7707S.
[FOR HEARING TODAY.
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Items (9A) and (9B) shall be heard together
(9A)APPEAL NO. 01-044
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EDWARD A. NICOLAUS, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2582 Filbert Street.
[Protesting issuance on February 2, 2001, to [William R. III and Margaret Hearst, permit to [Demolish a Building (two-story single-family [dwelling).
[APPLICATION NO. 9923990.
[FOR HEARING TODAY.
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(9B)APPEAL NO. 01-045
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EDWARD A. NICOLAUS, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2582 Filbert Street.
[Protesting issuance on February 2, 2001, to [William R. III and Margaret Hearst, permit to [Erect a Building (four-story single-family [dwelling).
[APPLICATION NO. 9923991S.
[FOR HEARING TODAY.
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(10)APPEAL NO. 01-042
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R.A.M. DEVELOPMENT, INC., Appellant
ZONING ADMINISTRATOR, Respondent
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[696 Pennsylvania Street.
[Notice of Violation issued February 1, 2001 [of Planning Code Sections 102.2, 102.13, [227(p) and of two Notices of Special [Restriction for the property approved for use [as live/work and alleged to have been [converted to office use; the Planning [Department requests that the violations be [eliminated and documentation provided that [the violations have been abated within 15 [days of Notice of Violation letter.
[FOR HEARING TODAY.
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(11)APPEAL NO. 01-049
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F & F MISSION TECHNOLOGY CENTER LLC, Appellant
ZONING ADMINISTRATOR, Respondent
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[1800 Mission Street.
[Zoning Administrator determination dated [February 20, 2001 addressed to Frank Chiu, [Director of the Department of Building [Inspection, requesting suspension of a site [permit issued November 4, 2000, for the [reason a Discretionary Review request had [been filed prior to the approval by the [Planning Department and the permit to [convert the armory to a telecom facility with [parking and fuel storage issued to Eikon [Capitol LP. The property is now owned by F [& F Mission Technology Center LLC.
[FOR HEARING TODAY.
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(12) APPEAL NO. V01-051
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JAMES FOGERTY, Appellant
ZONING ADMINISTRATOR, Respondent
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[1299 Quesada Avenue.
[Denial on February 28, 2001, of Lot Size [Variance to subdivide an existing corner lot [into three lots.
[VARIANCE CASE NO. 2000.1201V.
[FOR HEARING TODAY.
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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.
Date posted: May 3, 2001
ADDENDUM TO CALENDAR FOR
REGULAR MEETING OF THE SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, MAY 9, 2001
5:30 P.M., CITY HALL, ROOM 416
1 DR. CARLTON B. GOODLETT PLACE
ADDITION OF NEW ITEM TO NUMBER (3).
(3)ADOPTION OF FINDINGS:
ITEM D: 5 Freelon Street. Appeal 00-234. Hearing held May 2, 2001. Upon motion by President Chin, the Board voted 4-0-1 (Commissioner Cullum absent) to OVERRULE the Zoning Administrator’s determination dated November 7, 2001 concerning the use of the building at 5 Freelon Street. The Board directed the appellant’s counsel to prepare findings for adoption at a later date.
Date posted: May 7, 2001
For questions concerning this or any matter on the calendar, please call the Board staff at 575.6680.
