Meeting Information

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.

Appeal No(s). 03-197, All City Construction Co. vs. DBI.  Subject property at 641 – 27^th Avenue.  Letter from Joel Yodowitz, attorney for All City Construction Co., appellant(s), requesting rehearing of Appeal No(s). 03-197, decided May 12, 2004.  At that time, upon motion by Commissioner Chin, the Board voted 2-3 to overrule DBI’s notice of decision with a finding that a demolition took place which exceeded the scope of the permit, but which did not constitute an unlawful demolition, with additional findings as stated into the record by Commissioner Chin.  Four votes being required to overturn a departmental action, the motion failed, and the decision by DBI was upheld.        Departmental Action:  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 BPA No. 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.

Subject property at 8122 Geary Boulevard.  Permit issued on Dec. 5, 2003.   Last day to appeal was Dec. 22, 2003.  Jurisdiction request received on August 2, 2004.  Letter from Robert Boyd & Midori Yamamoto, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/12/05/1640 for the purpose of filing a penalty appeal.

Appeal No(s). 04-040, Green vs. DBI, PDA.  Subject property at 835 Bryant Street.  Letter from Michael Fiumara, attorney for Mackenzie Green, appellant(s), requesting rehearing of Appeal No(s). 04-040, decided July 28, 2004.  At that time, upon motion by Commissioner Chin, the Board voted 5-0 to uphold the permit with the following condition(s):  a) that a Notice of Special Restrictions (NSR) be recorded on the land records setting forth these conditions; b) that two (2) 30-gallon trash cans be provided for customer use; c) that janitorial service be provided within 100 feet of the subject property; d) that the bathroom be ADA (Americans with Disabilities Act) accessible; e) that the office (entrance) be ADA accessible; and f) that the permit holder designate a contact person to the Zoning Administrator to deal with compliance issues.  Project: build 10’ X 26’ modular addition off-site and attach to existing 300sf building; add new 200amp single phase main meter panel; install rain gutter between existing building and new modular addition.  Permit Holder(s): Pacific Bonding Corporation.

Subject property at 2763 Filbert Street.  Permit issued on August 29, 2001.  Last day to appeal was Sept. 13, 2001.  Jurisdiction request received on August 6, 2004.  Letter from John Golob, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2000/05/23/0798.  Project: on single-family house, remodel master bathroom, bedroom and closet; rebuild existing stair; reconfigure roof; redo front façade and fireplace; rebuild bay at front and side.  Permit Holder(s): Lock & Irene Holmes.

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.

WEN SHAO ZHANG, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

836 Edinburgh Street.

Appeal for refund of penalty imposed on June 21, 2004, for work done without a permit (on single family house: correct  NOV # 200341033; add 12’-6” X 12’-6” sunroom and rebuild deck at rear yard).

APPLICATION NO. 2003/08/15/2228.

FOR HEARING TODAY.

CATHERINE FERREIRA

& ANN FERREIRA, Appellant(s)

                        vs.

ZONING ADMINISTRATOR,

                                  Respondent

1120-1122 Vallejo Street.

Protesting the granting on Dec. 23, 2003, to Susan Lee, Jennifer Cherk & Jay Capela, Rear Yard Variance (on 2-family building: construction of an enclosed pavilion on the roof of the existing 3-story building and the enclosure of two areas at the rear of the building that are currently unenclosed).

VARIANCE CASE NO. 2003.0476DV.

Note: On March 24, 2004, the Board voted 5-0 to uphold the variance with the following condition(s): a) that the north portion of the roof be sloped to allow for more sunlight into the adjacent backyard; and b) that the front (south) elevation be redesigned to reflect the solid to void ratio of buildings of a similar nature.  On May 12, 2004, the Board voted 4-1 to grant the rehearing request by the appellants and to set the rehearing for June 30, 2004.

REHEARING HELD & CLOSED ON JULY 28, 2004.

FOR FURTHER CONSIDERATION TODAY.

MARVIN LAU, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

714 – 22^nd Street.

Appealing the denial on April 15, 2004, of a Permit to Alter a Building (on 3-unit residential building: install 12 vinyl windows in kind into existing frames; no structural changes; windows face front and are visible from the street; if applicable, bedroom windows shall comply with § 310.4 for rescue).

APPLICATION NO. 2004/04/15/1367.

Note:  On June 9, 2004, the Board voted to uphold the denial of the subject permit.  On July 21, 2004, the Board voted to grant the appellant’s rehearing request.

FOR REHEARING TODAY.

OCEAN PARC VILLAGE

HOMEOWNER’S ASSOCATION, Appellant(s)

                        vs.

PLANNING DEPARTMENT, Respondent

730 Great Highway.

Protesting the issuance on March 8, 2004, to Tom and Breda MacDonald & KTH LLC, Coastal Zone Permit Authorization (proposal is to construct a new 3-story, 4-unit building approximately 32 feet tall on a vacant lot). 

CASE NO. 2003.1009P.

FOR HEARING TODAY.

MARK MIRAVALLE, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

1021 Francisco Street.

Appealing the denial on May 28, 2004, of a Permit to Alter a Building (convert 2 residential units to single family unit; dwelling merger).

APPLICATION NO. 2003/05/30/5840.

FOR HEARING TODAY.

LAURA PERRAULT, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

32 Carson Street.

Appealing the partial denial of a Rear Yard Variance (proposal to reconstruct an existing non-complying room at the rear of the property that would include an increase in volume and a new roof form was denied; the proposal to reconstruct the same existing non-complying room at the rear without the increase in volume and without a new roof form was granted; the proposal to construct a new larger deck with a spiral staircase was also granted).

VARIANCE CASE NO. 2003.1242V.

FOR HEARING TODAY.

NEAL SIEGAL, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

4444 – 24^th Street.

Protesting the issuance on June 7, 2004, to Steven Roseman, Permit to Alter a Building (on single-family house: construct concrete retaining wall per drawings; remove NOV #200450627).

APPLICATION NO. 2004/06/07/5711.

FOR HEARING TODAY.

YOSEF MAMAN dba

“JOSEPH CAPPUCCI

HAIR SALON & SPA”, Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent

82 – 2^nd Street.

Appealing a determination dated June 4, 2004, addressed to Yosef Maman, that a massage establishment as an accessory use is allowed at the subject property with the following condition(s): a) the area devoted to massage shall be accessed only through space controlled by the hair salon; b) the floor area devoted to massage shall not exceed 25% of the total floor area of the hair salon, and in the event the total floor area of the hair salon exceeds 1,200sf, the maximum floor area that can be devoted to massage shall not exceed 300sf; and c) at any given time, there shall be no more than two massage therapists administering massages.

FOR HEARING TODAY.

JOEL BELAN, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

711-713 Page Street.

Protesting the issuance on June 8, 2004, to Betty Hung, Permit to Alter a Building (on 2-unit residential building: remove illegal kitchen only at rear of garage level; retain guest bedroom; cap all utilities at source).

APPLICATION NO. 2004/06/08/5795.

FOR HEARING TODAY.