2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, AUGUST 1, 2001
5:30 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 AND QUESTIONS.
(3)MATTERS FOR CONSIDERATION AND OTHER CORRESPONDENCE:
REQUESTS FOR REHEARING:
ITEM A: 1592-1594 Golden Gate Avenue. Letter from Alice R. Lane, conservator for Elizabeth Jamerson, appellant, requesting rehearing of Appeal No. 00-181 heard on February 28, 2001. Upon motion by Commissioner McInerney, the Board voted 2-2 (President Chin and Commissioner El Qadah dissented, Vice President Saunders absent) to UPHOLD the Zoning Administrator’s determination that there was sufficient evidence to constitute clear intent on the part of the owner to abandon the Limited Commercial Use for the subject property. Four votes are needed to overrule and the determination was UPHELD.
ITEM B: 356 - 11th Street. Letter from Carlton Solle, co-appellant, requesting a rehearing of Appeal No. 01-062, heard June 13, 2001. Upon motion by President Chin, the Board voted 5-0 to OVERRULE the subject determination, with the appellants’ use not deemed to be a place of entertainment and therefore not required to obtain a Place of Entertainment/Dance Hall Keeper permit from the Police Department with the following CONDITIONS: that no paid disc jockey (DJ) operate the CD player(s) or turntable(s), which are only to be operated by staff, including serving staff, bartenders, and managers; and that all tips be equally divided among staff.
REQUESTS TO SET ASIDE RULES:
ITEM C: 696 Pennsylvania Avenue. Appeal 01-042. Request from Peter Keith, Deputy City Attorney, and Larry Badiner, Zoning Administrator, dated July 11 and July 16, 2001, respectively, that the Board set aside its rules and grant a rehearing in Appeal 01-042 for the reason the Board erred in interpreting the Planning Code provisions regulating live-work units. Appeal 01-042, R.A.M. Development, Inc., vs. Zoning Administrator was heard May 9, 2001; upon motion by Commissioner Cullum, the Board voted 1-4 (President Chin, Vice President Saunders, Commissioner El Qadah, and Commissioner McInerney dissented) to UPHOLD the subject determination. Two votes being necessary to uphold any departmental action, the motion FAILED. Afterwards, upon motion by Commissioner McInerney, the Board voted 4-1 (Commissioner Cullum dissented) to OVERRULE the subject determination with FINDINGS prepared by the appellant’s attorney.
REQUEST FOR JURISDICTION:
ITEM D: 420 Collingwood Street. Letter from David Williamson & Susan Compeau, requesting that the Board take jurisdiction over Building Permit Application Nos. 9913275 & 991372S. Permit Holder: John Williams.
Date Permits Issued: May 30, 2001
Last Day to Appeal: June 14, 2001
Date Jurisdiction Requests Received: July 13, 2001
(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. 01-083
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ANNA TAM, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[416 -15th Avenue.
[Appeal for Refund of Penalty imposed on [May 16, 2001.
[APPLICATION NO. 2001/04/26/7752.
[FOR HEARING TODAY.
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(4B)APPEAL NO. 01-117
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PAULA JIANG, Appellant
DEPARTMENT OF BUILDING INSPECTION, Respondent
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[515 - 14th Avenue.
[Appeal for Refund of Penalty imposed on July [9, 2001 for work done without a permit.
[APPLICATION NO.
[FOR HEARING TODAY.
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(5)APPEAL NO. 01-095
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BHAVNA B. SHAH, Appellant
TAXICAB COMMISSION, Respondent
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[Revocation on May 21, 2001, of Taxicab [Medallion no. 1122.
[RESOLUTION NO. 2000-41.
[FOR HEARING TODAY.
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(6)APPEAL NO. 01-093
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FLOYD K. FOSTER & CAROLYN DICKINSON, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[585 Laidley Street.
[Protesting issuance on May 9, 2001, to [Sandra and Manny Alvarenga, Permit to [Alter a Building (add one story of occupancy [to existing two-story dwelling; enlarge [existing bedroom on second floor; remodel [existing kitchen; remove existing posts in [garage and widen door to 12 feet; and [seismic upgrade).
[APPLICATION NO. 9923677S.
[FOR HEARING TODAY.
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(7)APPEAL NO. 01-100
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JACK & MILDRED BLUMENKRATZ, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
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[3535 Clement Street.
[Protesting issuance on June 5, 2001, to [Joanne Nakano, Permit to Alter a Building [(addition of glass wind screen to existing [permit for rear yard deck).
[APPLICATION NO. 2001/06/05/0795.
[FOR HEARING TODAY.
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(8)APPEAL NO. 01-102
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BARBARA HIRSCHFELDER-HANEN, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2979 Lake Street.
[Protesting issuance on June 11, 2001, to [Willard Nutting, Permit to Alter a Building [(construction of six foot lattice fence, [addition of decorative screen as horizontal [extension to existing fence, and abate [Notice of Violation # 200012275).
[APPLICATION NO. 2001/06/11/1222.
[FOR HEARING TODAY.
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(9)APPEAL NO. 01-103
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IRENE LEE, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[807 Columbus Avenue.
[Protesting issuance on May 7, 2001, to [Michael Strausz, Permit to Alter a Building [(two-story vertical addition of six units over [an existing one-story commercial structure).
[APPLICATION NO. 9826331S.
[JURISDICTION TAKEN JUNE 13, 2001.
[FOR HEARING TODAY.
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Items (10A) through (10D) shall be heard together
(10A)APPEAL NO. 01-087
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DUNCAN MEANEY, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[646 - 19th Avenue.
[Protesting issuance on May 7, 2001, to [Henry Ong, Permit to Erect a Building [(three-story two-unit dwelling)
[APPLICATION NO. 2000/04/18/7535S.
[FOR HEARING TODAY.
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(10B)APPEAL NO. 01-088
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EUGENE STLUKA, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[646 - 19th Avenue.
[Protesting issuance on May 7, 2001, to [Henry Ong, Permit to Erect a Building [(three-story two-unit dwelling)
[APPLICATION NO. 2000/04/18/7535S.
[FOR HEARING TODAY.
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(10C)APPEAL NO. 01-089
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SCOTT SANDEZ, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[646 - 19th Avenue.
[Protesting issuance on May 7, 2001, to [Henry Ong, Permit to Erect a Building [(three-story two-unit dwelling)
[APPLICATION NO. 2000/04/18/7535S.
[FOR HEARING TODAY.
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(10D)APPEAL NO. 01-090
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LYNN TRIEV, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[646 - 19th Avenue.
[Protesting issuance on May 7, 2001, to [Henry Ong, Permit to Erect a Building [(three-story two-unit dwelling)
[APPLICATION NO. 2000/04/18/7535S.
[FOR HEARING TODAY.
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(11)APPEAL NO. 01-104
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JOHN O’MALLEY, Appellant
ZONING ADMINISTRATOR, Respondent
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[1280 Hampshire Street.
[Appeal of Notice of Violation dated June 7, [2001, that the subject property, located in a [Residential House district (RH-3), is being [used for a non-residential industrial purpose [(painting contractor’s establishment), in [violation of Planning Code Sections 209 [through 209.9.
[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: July 26, 2001
