2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, JANUARY 9, 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)SPECIAL ITEM(S):
ITEM A: Consideration and final adoption of amendments to Rules of the Board regarding briefing schedule and addition of procedures for requests for rehearing and jurisdiction.
(4)ADDENDUM ITEM(S):
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, heard 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: 1000 Bowdoin Street. Letter from Janice Guan, appellant, requesting rehearing of Appeal No(s). 01-169, Guan vs. DBI, PDA, heard December 5, 2001. Upon motion by Commissioner McInerney, the Board voted 4-0-1 (Commissioner Cullum absent), to uphold the subject penalty.
ITEM C: 3628 - 22nd Street. Letter from Robin Rudderow, attorney for appellant Don Keely, requesting rehearing of Appeal No(s). 01-172, heard December 12, 2001. Upon motion by President Chin, the Board voted 4-0 to recuse Commissioner McInerney. Afterwards, upon motion by Commissioner Cullum, the Board voted 4-0-1 (Commissioner McInerney recused) to uphold the subject permit on condition that the roof deck include an eight-foot lattice fence with vines along the side of the roof deck that faces the appellant’s property. Permit Holder: Peter Birmingham. Project: install roof deck within envelope of building.
ITEM D: Letter from Retts Scauzillo, Requestor, asking that the Board take jurisdiction over Building Permit Application No(s). 2001/11/16/3409. Permit Holder: Cheryl Sena. Project: remove stove and sink, and remove ground floor kitchen.
Date permit issued: November 16, 2001
Last day to appeal: December 1, 2001
Jurisdiction request received: December 24, 2001
(5)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.
(5A) APPEAL NO. 01-234
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VALENTIN GUAJARDO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1151 Naples Street.
[Appeal for refund of penalty imposed on [December 14, 2001, for work done without a [permit.
[APPLICATION NO. 2001/12/14/5325.
[FOR HEARING TODAY.
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(5B) APPEAL NO. 01-240
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RAYMOND GUARAGLIA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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[700 Vermont Street.
[Appeal for refund of penalty imposed on [December 19, 2001, for work done without a [permit.
[APPLICATION NO. 2001/06/20/1935.
[FOR HEARING TODAY.
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ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 01-081
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WEST CORK HOTEL LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[144 Eddy Street.
[Zoning Administrator Determination dated April [24, 2001, addressed to Randy Shaw of the [Tenderloin Housing Clinic, that the previous [tourist hotel use, the Empress Hotel, located in [the North of Market Special Use District No.1 [was a non-conforming use under Planning [Code Section 180, that the tourist hotel use has [been discontinued for a continuous [period of at [least three years and tourist hotel use [may not [be re-established except in compliance with [present requirements of City Codes as [applicable.
[PUBLIC HEARING HELD & CLOSED [OCTOBER 24, 2001.
[FOR FURTHER CONSIDERATION TODAY.
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(6B)APPEAL NO. 01-082
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EMPRESS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[144 Eddy Street.
[Zoning Administrator Determination dated April [24, 2001, addressed to Randy Shaw of the [Tenderloin Housing Clinic, that the previous [tourist hotel use, the Empress Hotel, located in [the North of Market Special Use District No.1 [was a non-conforming use under Planning [Code Section 180, that the tourist hotel use has [been discontinued for a continuous period of at [least three years and tourist hotel use may not [be re-established except in compliance with [present requirements of City Codes as [applicable.
[PUBLIC HEARING HELD & CLOSED [OCTOBER 24, 2001.
[FOR FURTHER CONSIDERATION TODAY.
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(7)APPEAL NO. 01-141
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ESMERALDO NOCON, Appellant
ZONING ADMINISTRATOR, Respondent
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[951-957 Mission Street.
[Appealing a Notice of Violation dated August 8, [2001, alleging that the subject property at 951-957 [Mission Street is being used for business or [professional offices that do not provide on-site [services to the general public with out benefit of [Conditional Use (CU) authorization from the [Planning Commission, in violation of Planning [Code Section 219(d).
[FOR HEARING TODAY.
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(8) APPEAL NO. 00-161
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ROBERT T. HOLLAND,
dba "EDWARD II BED & BREAKFAST",
Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[3155 Scott Street.
[Order to Cease Violation of the Planning Code [dated September 11, 2000 for billboard [exceeding 24 feet in height constructed without [proper permits on the west-facing wall of the [building.
[PUBLIC HEARING HELD & CLOSED DEC. 6, [2000.
[FOR FURTHER CONSIDERATION TODAY.
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(9) APPEAL NO. V01-135
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GRAHAM SCHNEIDER, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[740 Church Street.
[Appealing denial on August 9, 2001, of a Lot [Size Variance (subdivide existing 6,355sf lot [and create a new lot that is 1,752.75sf with the [remaining corner lot being 4,602.25sf, with the [existing building remaining on the corner lot).
[PUBLIC HEARING HELD & CLOSED OCT. 10, [2001.
[FOR FURTHER CONSIDERATION TODAY.
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(10) APPEAL NO. 01-194
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CLYDE & LISA IKEDA, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principal(s): RICHARD GARCIA,
ROBERT & DOROTHY CHAN
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[2252 Beach Street.
[Appealing denial on October 16, 2001, of Site [Permit to Alter a Building (third floor addition, [interior remodel, one-story addition with [terrace above located at rear)
[APPLICATION NO. 2000/10/20/3640S.
[PUBLIC HEARING HELD & CLOSED [DECEMBER 12, 2001.
[FOR FURTHER CONSIDERATION TODAY.
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(11) APPEAL NO. V01-179
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STEPHEN GOLDSTEIN, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1331 Green Street.
[Appealing denial on October 4, 2001, of Rear [Yard Variance Modification (construction of a [new single-family home at the front of the [subject lot).
[VARIANCE CASE NO. 2001.0592V.
[FOR HEARING TODAY.
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(12) APPEAL NO. 01-180
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ANDREAS W. KATZ &
JUDITH POWELL KATZ, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[255 Chestnut Street.
[Protesting issuance on September 28, 2001, to [Stuart Fuss, Permit to Alter a Building (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).
[APPLICATION NO. 2001/09/28/9492.
[FOR HEARING TODAY.
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(13) APPEAL NO. 01-181
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BRIAN O’FLYNN,
PETER FAZIO & SHARI FAZIO, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1600 Mission Street.
[Appealing a Revocation Request dated [September 27, 2001 for Building Permit [Application(s) 9926146, 2001/01/00/28974 and [2001/06/60/81174.
[FOR HEARING TODAY.
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(14) APPEAL NO. 01-183
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ROBERT PASKER
& LAURIE PITMAN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2266 Vallejo Street.
[Protesting issuance on October 2, 2001, to Bill [Davenport, Permit to Alter a Building (interior [remodel, including new garage and addition to [the rear and side of building, reduce from five [units to four units).
[APPLICATION NO. 9913124S.
[FOR HEARING TODAY.
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ITEMS (15A) & (15B) SHALL BE HEARD TOGETHER:
(15A) APPEAL NO. 01-161
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KWOK WAI YAN, Appellant
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[415 Naples Street.
[Protesting issuance on September 6, 2001, to [Amy Lam, Permit to Erect a Building (3-story [single family dwelling, 34’2" in height, with [1,239sf of ground floor area).
[APPLICATION NO. 2000/09/08/0019.
[FOR HEARING TODAY.
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(15B) APPEAL NO. 01-162
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DONNA SHAREE, Appellant
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[415 Naples Street.
[Protesting issuance on September 6, 2001, to [Amy Lam, Permit to Erect a Building (3-story [single family dwelling, 34’2" in height, with [1,239sf of ground floor area).
[APPLICATION NO. 2000/09/08/0019.
[FOR HEARING TODAY.
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(16) APPEAL NO. 01-158
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TRIBECCA PROPERTIES, LLC, Appellant
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principal(s): MARK & MARY LIPIAN
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[290 Union Street.
[Appealing denial on August 31, 2001, of Permit [to Alter a Building (exterior modifications and [addition of a fourth story, a two-car garage, a [rear extension, and changes to exterior finishes [on an existing one-family house).
[APPLICATION NO. 2000/12/05/7228.
[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 3, 2001
