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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, JANUARY 14, 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)  SPECIAL ITEM(S):  Presentation by Planning Department staff regarding revisions to the Residential Design Guidelines.

 

(4)  ADDENDUM ITEM(S): 

(4A)  REHEARING REQUEST:  

Appeal No(s). 02-030; 50 – 8th Street; Foster Media vs. Zoning Administrator                                                   

Letter from Christopher Moscone, agent for Foster Media, Appellant, requesting rehearing of Appeal No(s). 02-030, decided June 19, 2002.  Upon motion by Vice President McInerney, the Board voted 2-3 (Commissioners Cullum, Saunders & El Qadah dissented) to uphold the subject determination.  Four votes being necessary to overturn any departmental action under Charter § 4.106, the subject determination was upheld.  Determination: that the subject Building Permit Application for a general advertising sign is disapproved because the subject property is visible from, and located within 200 feet of the Market Street Special Sign District.

 

(4B)   JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                           

Subject property at 239 Greenwich St; Permit issued on Oct. 6, 2003

Last day to appeal was Oct. 21, 2003; Jurisdiction request received on Dec. 3, 2003                                                                                                      

Letter from John Cowen, asking that the Board take jurisdiction over Building Permit Application No(s). 2003/10/06/6615.  Project: on single family house, stair way, 4’ wide, not more than 30” above grade, on deeded and recorded easement.  Permit Holder(s):  Terrance Forgette.

 

(4C)   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. 

 

(4D)  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. 

 

(4E)  REHEARING REQUEST:                                                  

660-662 – 28th Street; Appeal No(s). 03-181/182; Meister vs. DBI, PDA                                                    

Letter from Geraldine & Richard Meister, appellant(s), requesting rehearing of Appeal No(s).     03-181/182, decided Dec. 17, 2003.  At that time, upon motion by President Chin, the Board voted  5-0 to uphold the permit on condition that the deck railings be open and that white reflective paint be used on walls opposite neighbors’ bedrooms.

 

(5)  CONSENT ITEMS (TAXI COMMISSION REVOCATION) With the consent of the Taxi Commission, the Board will proceed to a vote without testimony to overrule the revocation of the subject permit(s) with the condition that the appellants pay all appropriate permit fees and/or penalties.  Without consent the Board will take testimony and then decide the appeal.

(5A)   APPEAL NO. 03-188

GHASSEN MOSBAHI, Appellant(s)

                        vs.

TAXI COMMISSION, Respondent

 

Appealing the revocation on October 2, 2003, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.

PERMIT NO. 055648.

JURISDICTION GRANTED NOV. 12, 2003.

FOR HEARING TODAY.

 

(6)   APPEAL NO. 03-186

FRIENDS OF GOLDEN GATEWAY, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

 

8 Washington Street (Golden Gateway Planned Unit Development).

Appealing a determination dated October 22, 2003, addressed to David Burnett, that although the Planning Department reviews projects within expired Redevelopment project areas as Planned Unit Developments (PUD’s), the department does not and has never treated entire project areas as a single PUD, and thus a development application for improvements to the subject property (Block 0201) may be filed and reviewed independently as a stand-alone project, which does not require conditional use (CU) authorization for modification of the Golden Gateway Center PUD.

FOR HEARING TODAY.

 

ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:

(7A)   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.

(7B)   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.

 

(8)   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.

 

(9)    APPEAL NO. 03-117

GEORGE HAMILTON HAUCK

& DUANE FRISBIE, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL

 

218 Union Street.

Protesting the issuance on July 15, 2003, to John Votruba, Permit to Alter a Building (on 3-story, 7-unit residential building: rebuild upper deck on roof – see NOV No(s). 200336693; new roof ladder).

APPLICATION NO. 2003/07/15/9492.

FOR HEARING TODAY.

 

(10)   APPEAL NO. 03-140

MR. & MRS. WILLIAM WEINDORF,

MR. & MRS. ALEX SCHWARTZ,

MARY ROBINETTE, & SUSAN O’BRIEN, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

450 Hamilton Street.

Protesting the issuance on August 26, 2003, to Abel Maldonado, Site Permit to Alter a Building (on single-family house: horizontal extension to rear of lot for increased size of master bedroom and bath at 2nd floor, and additional bedrooms at lower level).

APPLICATION NO. 2002/02/05/8561S.

FOR HEARING TODAY.

 

(11)   APPEAL NO. 03-141

AUDREY CARLSON, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

2368 Vallejo Street.

Protesting the issuance on August 28, 2003, to Gina Best, Permit to Alter a Building (on 2-unit building: new stucco façade to replace wood shingles; 3-story rear addition; remodel 2nd unit; remodel kitchen of 1st unit; remodel street entry of 2nd unit).

APPLICATION NO. 2002/01/04/6319S.

FOR HEARING TODAY.

 

(12)   APPEAL NO. 03-184

CHARLES & NEL ELWEIN,

and TEVIS & LYNNE MARTIN, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

2831 – 2833 Washington Street.

Protesting the issuance on October 21, 2003, to Thomas McCarville, Permit to Alter a Building (on two-family residential building: switch location of two bedrooms; move family room from first to second floor; connect spaces with stairs; expand deck; revisions to Building Permit Application No(s). 2002/07/23/2137).

APPLICATION NO. 2003/08/06/1398.

FOR HEARING TODAY.

 

(13)   APPEAL NO. 03-185

ARYE MICHAEL BENDER, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

3334 Folsom Street.

Protesting the issuance on October 21, 2003, to John Woolsey-McKernnon (new owner Tim Albinson), Permit to Alter a Building (on single-family house: removal of stove and refrigerator in basement apartment).

APPLICATION NO. 2003/10/21/8076.

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:  January 7, 2004