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Meeting Information



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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO

REGULAR MEETING - WEDNESDAY, NOVEMBER 13, 2002
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 ITEMS:

ITEM A: 706 Wisconsin Street. Letter from Christopher Parber & Maria Esther Gonzalez Parber, requesting that the Board take jurisdiction over Building Permit Application No(s). 2002/08/06/3220. Permit Holder(s): Tom McDonald. Project: remodel kitchen, bathrooms, repair rear deck.

Date Permit(s) Issued: August 6, 2002
Last Day to Appeal: August 21, 2002
Jurisdiction Request(s) Received: August 23, 2002

ITEM B: 1479 - 3rd Avenue. Letter from Larry Badiner, Zoning Administrator, requesting rehearing of Appeal 01-196, Wydler vs. ZA, decided Jan. 30, 2002. Upon motion by Vice President McInerney, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the subject determination and to adopt the findings submitted by the appellant’s attorney. Appellant: Aton Wydler. Determination: that use of the subject property as a 4-unit residential building is not permitted under the Planning Code, and is not considered to be a legal non-conforming use under Planning Code Sections 180 through 185.

(4) CONSENT ITEMS: 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.

(4A) APPEAL NO. 02-146

ANNIE XU, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[122 Tara Street.

[Appeal for refund of penalty imposed on [August 1, 2002, for work done without a permit.

[APPLICATION NO. 2002/07/09/0904.

[FOR HEARING TODAY.

(4B) APPEAL NO. 02-147

JEFFREY GUNZENHAUSER, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[1601 - 20th Avenue.

[Appeal for refund of penalty imposed on [August 1, 2002, for work done without a permit.

[APPLICATION NO. 2002/06/20/9494.

[FOR HEARING TODAY.

(4C) APPEAL NO. 02-194

VICTOR UME-UKEJE

& ELIZABETH CONDON, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

[2515-2519 Post Street.

[Appeal for refund of penalty imposed on Oct. 1, [2002, for work done without a permit.

[APPLICATION NO. 2002/09/09/5962.

[FOR HEARING TODAY.

(5) APPEAL NO. 01-213

MICAELA LEZCANO, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS, Respondent

[3560-3566 - 20th Street.

[Denial on October 25, 2001, of Permit to [Remove Two Trees (without replacement).

[ORDER NO(S). 173,215 & 173,232

[ORIGINAL DECISION ON FEB. 6, 2002 TO [UPHOLD DENIAL.

[REHEARING GRANTED JUNE 19, 2002.

[FOR REHEARING TODAY.

(6) APPEAL NO. 02-042

CALVIN LEE, Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

[344 Taraval Street.

[Appealing a Notice of Violation dated Feb. 26, [2002, addressed to Calvin Lee, that the 2nd [floor residential dwelling unit has been [converted to commercial use as additional [dental office space and storage without the [required conditional use (CU) authorization.

[PUBLIC TESTIMONY HEARD JUNE 12, 2002.

[FOR FURTHER CONSIDERATION TODAY.

(7) APPEAL NO. 02-063

ERIC YOUNG

dba "SF BATTLE ZONE", Appellant(s)

vs.

ZONING ADMINISTRATOR, Respondent

[1968 Powell Street (583 Lombard Street).

[Appealing a Notice of Violation dated March 26, [2002, addressed to Gan Woo Wong, that the [small grocery store at the subject property has [been converted into an internet café without [benefit of a permit, in violation of Planning Code [§ 722.48 which requires conditional use (CU) [authorization for "Other Entertainment Uses" in [the North Beach Neighborhood Commercial [Zoning District.

[FOR HEARING TODAY.

(8) APPEAL NO. 02-070

MARY BAGGENSTOSS, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

[1257B Dolores Street.

[Protesting the issuance on April 5, 2002, to [Anne Walzer, Permit to Alter a Building (1/4" [sheetrock attached to shearwalls, shelf and [structure to box in sloped cement foundation [along north wall, plywood floor to create level [floor).

[APPLICATION NO. 2002/04/05/3239.

[PUBLIC HEARING HELD & CLOSED JUNE 5, [2002. FURTHER TESTIMONY TAKEN [JUNE 26, 2002.

[FOR FURTHER CONSIDERATION TODAY.

(9) APPEAL NO. 02-082

COLLINS O’NEILL, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[590 Lisbon Street.

[Protesting the issuance on May 9, 2002, to Matt [Householder, Site Permit to Alter a Building [(remove an existing rear extension, construct a [new two-story extension consisting of living [room, bedroom, bath and closet; includes new [deck and stairs to rear yard).

[APPLICATION NO. 2002/01/03/6243S.

[FOR HEARING TODAY.

(10) APPEAL NO. 02-084

PETER TETERIATNIKOV, Appellant(s)

vs.

POLICE DEPARTMENT, Respondent

[765 Market Street.

[Appealing the denial on May 3, 2002, of [Pushcart Peddler Permit.

[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: November 7, 2002