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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, JUNE 25, 2003

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 ITEM(S):

(3A)  REHEARING REQUEST: 

         2750 Lake Street; Appeal No(s). 03-010; Ma vs. Zoning Administrator

Letter from Sue Hestor, attorney for Appellant Michael Ma, requesting a rehearing of Appeal No(s). 03-010, decided May 14, 2003.  At that time, upon motion by Commissioner Shoemaker, the Board voted 2-3 (President Chin, Vice President Harrington & Commissioner Saunders dissented) to overrule the subject determination with a finding that the front of the house is on Lake Street.  Four votes being required to overturn or modify any departmental action under Charter § 4.106, the motion failed and the subject determination was upheld.  Determination: that the proposal to construct a 2nd story above the existing garage on this detached single family house, if either street frontage was to be elected as the front lot line, that portions of the existing building would occur within the required rear yard, and thus be non-conforming; therefore, electing a front line parallel to 29th Avenue would allow for the proposal to comply with Planning Code §§ 172(b) & 173(b).  Subject Property Owner(s): Roger Reynolds.

 

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

          1349 Clayton Street; Permit Denied on August 30, 2002;

          Last Day to Appeal was Sept. 14, 2002; Jurisdiction Request Received June 2, 2003

Letter from Tom Katz, requestor(s), asking that the Board take jurisdiction over the denial of Building Permit Application No(s). 2002/07/25/2280.  Project: 13-unit apartment building; replace existing steel with vinyl retrofit – same shape and size; total 20 windows.

NOTE:  THE REQUESTOR FILED AN APPEAL ON SEPT. 4, 2003 (02-172), AND THE BOARD HELD A HEARING ON MARCH 19, 2003 AND VOTED TO UPHOLD THE DENIAL OF THE SUBJECT PERMIT.  ON APRIL 23, 2003, THE BOARD VOTED 4-1 TO GRANT A REHEARING.  AND AT THE REHEARING OF MAY 21, 2003, THE REQUESTOR WAS NOT PRESENT, AND THE BOARD VOTED 5-0 TO UPHOLD THE DENIAL OF THE SUBJECT PERMIT. 

 

(4)  APPEAL NO. 03-054

JERRY S. WILLIAMS, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

2139 Jackson Street.

Protesting the issuance on March 26, 2003, to Carol Levine, Permit to Alter a Building (add closet at west side, enlarge bathroom at west side, and replace tile and fixtures in guest bathroom). 

APPLICATION NO. 2003/03/26/0766

FOR HEARING TODAY.

 

(5)  APPEAL NO. 02-205

CODY ROBERTSON

dba “LINGBA LOUNGE”, Appellant(s)

                        vs.

 

POLICE DEPT., Respondent

1469 - 18th Street.

Appealing the denial on October 7, 2002, of Place of Entertainment Permit.

PUBLIC TESTIMONY HEARD JAN. 29, 2003.

FOR FURTHER CONSIDERATION TODAY.

 

 

(6)  CONSENT ITEMS (DBI PENALTY)

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.

(6A)  APPEAL NO. 03-065

ELISA INING, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

4026 – 24th Street.

Appeal for refund of penalty imposed on May, 8, 2003 for work done without a permit (on two-family residential/commercial building: replace siding, install awnings above wood stairs in interior courtyard, and replace two windows).

APPLICATION NO. 2002/09/05/5768.

FOR HEARING TODAY.

 

(7)  APPEAL NO. 02-020

DAVID ADAMS, Appellant(s)

                    vs.

 

TAXICAB 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: AT THE REHEARING OF JAN. 15, 2003, THE BOARD VOTED 3-2 TO DISMISS THE CASE FOR LACK OF SUBJECT MATTER JURISDICTION.  PURSUANT TO SUPERIOR COURT CASE NO. CPF-03-502454, THE DISMISSAL MUST BE VACATED, AND THE APPELLANT MUST BE GRANTED A HEARING ON THE MERITS.

FOR HEARING TODAY.

 

(8)  APPEAL NO. 03-026

MARK HOLLANDER, Appellant(s)

                        vs.

 

TAXICAB COMMISSION, Respondent

Appealing the revocation on February 3, 2003, of taxi medallion No(s). 881.

RESOLUTION NO. 2003-03.

FOR HEARING TODAY.

 

 

(9)  APPEAL NO. 03-047

TOM KARAS

dba “22nd & IRVING PRODUCE”, Appellant(s)

                        vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET USE & MAPPING, Respondent

2101 Irving Street.

Appealing the denial on March 18, 2003, of an increase in limits on a Sidewalk Display Permit.

FOR HEARING TODAY.

 

 

(10)  APPEAL NO. 01-115

THERESA ISSERMAN, Appellant(s)

                        vs.

 

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.

PUBLIC TESTIMONY HEARD JUNE 19, 2002.

FOR FURTHER CONSIDERATION TODAY.

 

(11)   APPEAL NO. V03-063

ANNIE LI, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent          

 

698 Paris Street.

Appealing the denial on April 22, 2003, of a Minimum Lot Area Variance (subdivide an existing 3,087sf corner lot into two lots, one with 1,375sf fronting on Italy Street, and one with 1,750sf fronting on Paris Street).

VARIANCE CASE NO. 2002.0593V.

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 of public and parties.

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: 6/19/03