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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, JULY 23, 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 ITEMS:

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

         Taxi medallion No(s). 1181; Revocation took effect March 25, 2003;

         Last Day to Appeal was April 9, 2003; Jurisdiction Request Received July 1, 2003

Letter from Lando Siu, requestor, asking that the Board take jurisdiction over the Taxi Commission’s revocation of medallion no. 1181. 

Note:  The requestor filed an appeal of the Taxi Commission’s revocation (Appeal No. 03-052), and the Board held a hearing on June 4, 2003 where the revocation was upheld.  The rehearing period lapsed with no rehearing request filed, and a Notice of Decision & Order was issued, terminating the Board’s jurisdiction.  The requestor has filed this jurisdiction request asking the Board to grant him a second 10-day rehearing period and the opportunity to request a rehearing.  If this request is granted, the Board may consider the rehearing request for Appeal No(s). 03-052 as addendum item 3B.

 

(3B)   REHEARING REQUEST:                        

          Taxi Medallion No(s). 1181; Appeal No(s). 03-052; Siu vs. Taxi Commission

If the foregoing jurisdiction request (addendum item 3A) is granted, then this rehearing request may proceed:  Letter from Lando Siu, Appellant(s), requesting rehearing of Appeal No(s). 03-052, decided June 4, 2003.  At that time, upon motion by Commissioner Saunders, the Board voted 3-2 (Commissioners Shoemaker & Sugaya dissented) to overrule the revocation and instead impose a  3-month suspension of the subject medallion.  Four votes being required under Charter § 4.106 to overturn or modify a departmental action, the motion failed, and the Taxi Commission’s revocation was upheld. 

 

(3C)   REHEARING REQUEST:                        

          Taxi Medallion No(s). 129; Appeal No(s). 02-020; Adams vs. Taxi Commission

Letter from John Feldmann III, Attorney for David Adams, Appellant(s), requesting rehearing of Appeal No(s). 02-020, decided June 25, 2003.  At that time, upon motion by Commissioner Saunders, the Board voted 3-2 (Commissioners Shoemaker & Sugaya dissented) to overrule the Taxi Commission and add the appellant’s name to the subject medallion.  Four votes being required under Charter § 4.106 to overturn or modify a departmental action, the motion failed, and the Taxi Commission’s denial of the request to add the appellant’s name to medallion no. 129 was upheld. 

 

(4)    APPEAL NO. 03-070

MARC PASCHKE, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

137 Central Avenue.

Protesting the issuance on May 1, 2003, to Edward Litke, Permit to Remove & Replace One (1) Tree.

ORDER NO. 174,093.

FOR HEARING TODAY.

 

ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:

(5A)   APPEAL NO. 03-056

GREGORY ERLACH, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

 

531 – 43rd Avenue.

Protesting the issuance on March 27, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: install 5’ high fence on side of front yard, treated vertical posts on 4’ centers, redwood lattice full height between verticals, pre-formed 3’ metal footings driven into ground floor for verticals, capped by treated 2” X 4” (on side) tying 5 posts together; 8’6” free standing; rest next to building)

APPLICATION NO. 2003/03/27/0836.

FOR HEARING TODAY.

(5B)  APPEAL NO. 03-067

GREGORY ERLACH, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

531 – 43rd Avenue.

Protesting the issuance on May 2, 2003, to Alan Freebury, Permit to Alter a Building (on two-family house: rebuild existing rear stairs in-kind).

APPLICATION NO. 2003/05/02/3742.

FOR HEARING TODAY.

 

(6)   APPEAL NO. 03-062

GALINA VAYSMAN, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

§ 14 Party: N/A (Staff Initiated DR)

644 Spruce Street.

Appealing the denial on April 22, 2003, of a Permit to Demolish a Building (3-story single-family house).

Note: Permit application to construct three-story one-family house on site is pending at Planning awaiting Board action on this appeal of denial of demolition application.

APPLICATION NO. 2002/07/26/2425.

FOR HEARING TODAY.

 

(7)   APPEAL NO. 03-075

DANNY FONG, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

2620 Vicente Street.

Protesting the issuance on May 13, 2003, to Si Fang Zhang, Site Permit to Alter a Building (on single-family house: rear extension, two-stories, consisting of 2 bedrooms on 1st floor, and a master bedroom and master bathroom on 2nd floor).

APPLICATION NO. 2000/12/04/7076S.

FOR HEARING TODAY.

 

(8)   APPEAL NO. 03-077

MARK ONG, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

§ 14 Parties: N/A (Mandatory DR)

2545 Greenwich Street.

Appealing the denial on May 28, 2003, of Permit to Alter a Building (interior modification to combine 2 units into 1 unit, resulting in a 2-unit building; no additional space is created; no exterior changes).

APPLICATION NO. 2002/09/12/6333.

FOR HEARING TODAY.

 

ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:

(9A)   APPEAL NO. 03-078

M.K. MURPHY, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

285 Edgewood Avenue.

Protesting the issuance on May 15, 2003, to Paul Dennes, Site Permit to Erect a Building (two-story single-family dwelling with 900sf of ground floor area).

APPLICATION NO. 2002/03//15/1545S.

FOR HEARING TODAY.

(9B)  APPEAL NO. 03-079

JUDITH HARDING, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

285 Edgewood Avenue.

Protesting the issuance on May 15, 2003, to Paul Dennes, Site Permit to Erect a Building (two-story single-family dwelling with 900sf of ground floor area).

APPLICATION NO. 2002/03//15/1545S.

FOR HEARING TODAY.

 

(10)    APPEAL NO. 03-080

EVELYN ELSESSER KAHL, Appellant(s)

                        vs.

 

ZONING ADMINISTRATOR, Respondent

 

565 Diamond Street.

Appealing a determination dated May 15, 2003, addressed to Stephen Johnson, that the non-conforming structure on the adjacent lot at 551-555 Diamond Street cannot be used for rear yard averaging so as to allow the rear expansion of the subject property because the said non-conforming structure is not a dwelling unit under Planning Code § 102.

FOR HEARING TODAY.

 

ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:

(11A)   APPEAL NO. 03-098

MILLIE McCALLUM, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

438 – 21st Avenue.

Protesting the issuance on June 3, 2003, to Sze-Hoi Yip, Permit to Demolish a Building (3-story single family dwelling with 900sf of ground floor area).

APPLICATION NO. 2002/05/29/7730.

FOR HEARING TODAY.

(11B)   APPEAL NO. 03-099

MILLIE McCALLUM, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

438 – 21st Avenue.

Protesting the issuance on June 3, 2003, to Sze-Hoi Yip, Site Permit to Erect a Building (4-story, 2-unit building with 1,656sf of ground floor area).

APPLICATION NO. 2002/05/29/7735S.

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:  July 17, 2003