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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, FEBRUARY 6, 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: 1432-1434 Kearny Street. Letter from Steve Atkinson, attorney for permit holders Nan & Nathan Roth, requesting rehearing of Appeal Nos. 00-258/259/260/261, Cooper & Kirkham vs. DBI, PDA & Kuhn vs. DBI, PDA, decided August 22, 2001. Upon motion by Commissioner McInerney, the Board voted 4-1 (President Chin dissented) to revoke both permits. Appellants: Josef Cooper, Tracy Kirkham, and Alan Kuhn. Project: To demolish a garage, and construct a three-story two-family dwelling.
ITEM B: 2252 Beach Street. Letter from John Sanger, attorney for appellants Clyde & Lisa Ikeda, requesting rehearing of Appeal 01-194, Ikeda vs. DBI, PCD, decided January 9, 2002. Upon motion by Commissioner Cullum, the Board voted 3-1-1 (President Chin dissented, Commissioner McInerney recused) to overrule the denial by the Planning Commission and grant the subject permit per the revised plans submitted by the appellants’ attorney. Four votes being necessary to overturn any departmental action, the motion failed, and the denial by the Planning Commission was upheld. § 14 Principal(s): Richard Garcia, and Robert & Dorothy Chan. Project: third floor addition, interior remodel, one-story addition with terrace above located at rear.
ITEM C: 255 Chestnut Street. Letter from Andreas & Judith Katz, appellants, requesting rehearing of Appeal No. 01-180, Katz vs. DBI, PDA, heard Jan. 9, 2002. Upon motion by Commissioner McInerney, the Board voted 5-0 to uphold the subject permit. Permit Holder(s): Stuart Fuss. Project: replace and repair windows and roof, lower roof line, cut west side of cottage wall and footing to correct property line encroachment; remodel bathroom, electrical and plumbing.
ITEM D: 1001 California Street #9R. Letter from Walter Wong, agent for Mille Meals Inc., Requestor/Permit Holder, asking that the Board take jurisdiction over a Zoning Administrator Request for Suspension regarding Building Permit Application No. 2001/10/21/1357 (remove counter top for bar; remove non-load bearing walls; remove plywood or raise floor in seating area; no structural work).
Date request issued: November 2, 2001
Last day to appeal: November 17, 2001
Date jurisdiction request received: January 23, 2002
(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. 01-229
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BRIAN McDONALD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[497 Collingwood Street.
[Appealing the imposition of penalty on [December 7, 2001, for work done without a [permit.
[APPLICATION NO. 2001/08/16/6180.
[FOR HEARING TODAY.
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(4B) APPEAL NO. 01-231
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ANDREW K.C. LOCK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1530 - 27TH Avenue.
[Appeal for refund of penalty imposed on [December 11, 2001, for work done without a [permit.
[APPLICATION NO. 2001/11/29/4188.
[FOR HEARING TODAY.
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(4C) APPEAL NO. 01-244
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CATHIANN MOONEY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[ 509 Ashbury Street.
[Appeal for refund of penalty imposed on [December 28, 2001, for work done without a [permit.
[APPLICATION NO. 2001/12/04/4504.
[FOR HEARING TODAY.
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(4D) APPEAL NO. 02-003
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EMERALD FUND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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[ 3961 Alemany Boulevard.
[Appeal for refund of penalty imposed on [December 19, 2001, for electrical work done [without a permit.
[APPLICATION NO. E235451.
[FOR HEARING TODAY.
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(4E) APPEAL NO. 02-004
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EMERALD FUND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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[ 3901 Alemany Boulevard.
[Appeal for refund of penalty imposed on [December 19, 2001, for electrical work done [without a permit.
[APPLICATION NO. E235452.
[FOR HEARING TODAY.
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(4F) APPEAL NO. 01-169
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JANICE GUAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1000 Bowdoin Street.
[Appeal for refund of penalty imposed on [September 27, 2001, for work done without a [permit.
[APPLICATION NO. 2001/09/27/9346.
[ORIGINAL HEARING DEC. 5, 2001 (PENALTY [UPHELD DUE TO NON-APPEARANCE BY [APPELLANT).
[REQUEST FOR REHEARING GRANTED TO [APPELLANT JAN. 9, 2002.
[FOR REHEARING TODAY.
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(4G) APPEAL NO. 02-006
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ANTONIO FRANCO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[ 515 Grafton Avenue.
[Appealing the imposition of penalty on January [9, 2002, for work done without a permit.
[APPLICATION NO. 2001/04/18/7108.
[FOR HEARING TODAY.
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(5) APPEAL NO. 01-134
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FRANK S. DUARTE, JR., Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[1196 Hampshire Street.
[Protesting issuance on August 13, 2001, to [William Sorenson & James Cline, Permit to [Alter A Building (complete work started under Building Permit Application Nos. 9912409 and [2000/08/17/8163, correct estimated cost and [comply with Notice of Violation).
[APPLICATION NO. 2001/08/13/5945.
[ORIGINAL HEARING OCT. 3, 2001 (PERMIT [UPHELD).
[REQUEST FOR REHEARING GRANTED TO [LAURENCE KORNFIELD NOV. 7, 2001.
[FOR REHEARING TODAY.
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(6) APPEAL NO. 01-235
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ARIK SHARABI, Appellant(s)
POLICE DEPARTMENT, Respondent
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[Northeast Corner of Drumm & California.
[Appealing denial on December 3, 2001, of [Pushcart Peddler Permit.
[FOR HEARING TODAY.
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(7) APPEAL NO. 01-206
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SMITH KETTLEWELL EYE
RESEARCH INSTITUTE (SKERI), Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[2389 Washington Street; 2209, 2232, 2238, [2244 & 2250 Webster Street; 2472 Clay Street; [and 2318 Fillmore Street.
[Appealing determination dated October 22, [2001, that Planning Commission policies [imposing limitations on specific properties as [part of approval actions are part of the Planning [Code and thus enforceable by the Zoning [Administrator, and that the SKERI expansion [into existing structures constitutes "structural [expansion" as prohibited in Planning [Commission Motion No. 5998.
[FOR HEARING TODAY.
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(8) APPEAL NO. 01-213
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MICAELA LEZCANO, Appellant(s)
DEPT. OF PUBLIC WORKS, Respondent
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[3560-3566 - 20th Street.
[Denial on October 25, 2001, of Permit to [Remove One Tree (without replacement).
[ORDER NO. 173,232
[FOR HEARING TODAY.
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(9) APPEAL NO. 01-217
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LILLIE & JIMMY TAYLOR, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1339 Shafter Street.
[Protesting issuance on October 30, 2001, [to [Timothy Peterson, Permit to Alter a Building [(show rear stairs from garage to rear yard as [new, show rear garage door to access rear [stairs as new).
[APPLICATION NO. 2001/10/30/2110.
[FOR HEARING TODAY.
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(10) APPEAL NO. 01-218
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JIAN PANG, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[123 Nueva Avenue.
[Protesting issuance on October 31, 2001, to [Asta Ou, Permit to Alter a Building (legalize [family room, study room, and bathroom on [ground floor).
[APPLICATION NO. 2001/10/31/2148.
[FOR HEARING TODAY.
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(11) APPEAL NO. 01-237
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AGNES KOZEL dba "SAVOY TIVOLI",
Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1434-1438 Grant Avenue.
[Appealing a determination dated December 6, [2001, that the kitchen of the subject [establishment was operating after the effective [date of the Neighborhood Commercial controls [and was closed subsequently, and that [consequently, the change of the operation of [this establishment to a bar only (without food [service) would have then (and now does) [require a Conditional Use (CU) authorization.
[FOR HEARING TODAY.
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(12) APPEAL NO. 01-238
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ERIK VON MULLER & PETER FRY,
Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[4733 - 18th Street.
[Appealing a Determination dated December 13, [2001 that Building Permit Application No(s). [2000/12/20/8359 be suspended, and that all [work already completed but not conforming to [that shown on the plans for Site Permit [Addendum No(s). 9817703/S-1 be removed by [the project sponsor.
[FOR HEARING TODAY.
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(13) APPEAL NO. V01-242
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ROBERTO SAINEZ, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[ 816 Guerrero Street.
[Appealing the denial on December 18, 2001, of [Front Setback, Rear Yard, Parking & Exposure [Variances (convert single-family house into a [three-unit building which would include [construction of a garage structure in the front [setback area, a vertical addition at the rear of [the building, and a new fire escape at the side [of the building).
[VARIANCE CASE NO. 2001.0115V.
[FOR HEARING TODAY.
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(14) APPEAL NO. 01-189
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PAULA DAVIS DeBELLA
& STAN DeBELLA, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1209 Vicente Street.
[Protesting issuance on October 11, 2001, to [Amasia Television (then new owner Dennis [Liu), Permit to Demolish a Building (one-story [retail building, 15 feet in height with 2500sf of [ground floor area).
[APPLICATION NO. 2001/03/31/5734.
[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: January 31, 2001
