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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, FEBRUARY 5, 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.
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ITEM A: 2311 – 19th Street & 705 Utah Street. Letter from Stephen Williams, attorney for Appellant(s) Melinda Hall, requesting rehearing of Appeal No(s). 02-143/144/145, Hall vs. DBI, PDA, decided December 18, 2002. At that time, upon motion by Commissioner Sugaya, the Board voted 2-2-1 (Vice President Harrington & Commissioner Saunders dissented, President Chin recused) to uphold all 3 permits on condition that the penthouse at 2311 – 19th Street be removed. Four votes being necessary under the City Charter (§ 4.106) to overturn any departmental action, the motion failed, and the 3 subject permits were upheld with no conditions.
(4) CONSENT ITEMS (DBI PENALTY): 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. 02-209
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JAMIE HO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2367 – 47th Avenue.
[Appeal for refund of penalty imposed on [October 22, 2002 for work done without a [permit.
[APPLICATION NO. 2002/06/03/8043.
[FOR HEARING TODAY.
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(4) CONSENT ITEMS (DBI PENALTY) CONTINUED:
(4B) APPEAL NO. 02-230
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424 JONES
STREET APARTMENTS LLC, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[424 Jones Street.
[Appeal for refund of penalty imposed on Dec. 2, [2002, for work done without a permit.
[APPLICATION NO. 2002/11/14/1407.
[FOR HEARING TODAY.
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(5) CONSENT ITEMS (TAXI COMMISSION REVOCATION): With the consent of the Taxi Commission, the Board will proceed to a vote without testimony to overrule the revocation of the subject permit(s) with the condition that the appellants pay all appropriate permit fees. Without consent the Board will take testimony and then decide the appeal.
(5A) APPEAL NO. 02-207
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GURPARKASH SINGH, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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[Appealing the revocation on October 9, 2002, [of Driver of Public Passenger Vehicle Permit [(P44) due to non-payment of fees.
[ACCOUNT NO. 54070.
[FOR HEARING TODAY.
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(5B) APPEAL NO. 02-210
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AKMAL ASHRABOV, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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[Appealing the revocation on October 9, 2002, [of Driver of Public Passenger Vehicle Permit [(P44) due to non-payment of fees.
[ACCOUNT NO. 92854
[FOR HEARING TODAY.
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(5C) APPEAL NO. 02-211
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YURI M. COELHO, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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[Appealing the revocation on October 9, 2002, [of Driver of Public Passenger Vehicle Permit [(P44) due to non-payment of fees.
[ACCOUNT NO. 100612
[FOR HEARING TODAY.
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(5) CONSENT ITEMS (TAXI COMMISSION REVOCATION) CONTINUED:
(5D) APPEAL NO. 02-213
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ZAW NAING, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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[Appealing the revocation on October 9, 2002, [of Driver of Public Passenger Vehicle Permit [(P44) due to non-payment of fees.
[ACCOUNT NO. 54554
[FOR HEARING TODAY.
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(5E) APPEAL NO. 02-214
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SONGKAI CUI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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[Appealing the revocation on October 9, 2002, [of Driver of Public Passenger Vehicle Permit [(P44) due to non-payment of fees.
[ACCOUNT NO. 85682
[FOR HEARING TODAY.
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(5F) APPEAL NO. 02-215
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KERRIGAN DANGERFIELD, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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[Appealing the revocation on October 9, 2002, [of Driver of Public Passenger Vehicle Permit [(P44) due to non-payment of fees.
[ACCOUNT NO. 85411
[FOR HEARING TODAY.
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(6) APPEAL NO. 02-221
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BORIS NIKOLIN
dba “KEUR-BAOBAB”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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[3388 – 19th Street.
[Appealing the denial on October 31, 2002, of [a Place of Entertainment Permit.
[FOR HEARING TODAY.
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(7) APPEAL NO. 02-223
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BRIAN T. SHEEHY dba “ANU”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[43 – 6th Street.
[Appealing a Police Permit Zoning Referral [dated October 28, 2002, addressed to Brian [Sheehy dba “Anu”, that the application for a [Place of Entertainment Permit cannot be [approved because new nighttime [entertainment uses in the RSD zoning district [are prohibited under Planning Code §§’s [815.37 & 102.17.
[FOR HEARING TODAY.
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ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 98-035
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VICTOR TWAL dba "BUDDIES", Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[498 Sanchez Street.
[Denial on February 13, 1998, of permit to Alter [a Building (legalize awning and sign installed [without permit).
[APPLICATION NO. 9723854.
[FOR HEARING TODAY.
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(8B) APPEAL NO. 99-197
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MICHAEL CRAWFORD &
TOM HANUS, dba "CHAT CAFÉ", Appellant(s)
vs.
DEPARTMENT OF PUBLIC WORKS,
Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[498 Sanchez Street.
[Denial on December 7, 1999, of permit for 12 [chairs on sidewalk.
[FOR HEARING TODAY.
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(9) APPEAL NO. 02-201
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JAMES VIEGAS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[91 San Felipe Ave.
[Protesting the issuance on October 2, 2002, to [Mark Sears & Russell Schrader, Permit to Alter [a Building (additional information as requested [by District Building Inspector regarding the [planters from Building Permit Application No(s). [2001/12/19/5627; show as built planter wall [(under rear deck and stair case), correct garage [roof deck, finished floor elevation).
[APPLICATION NO. 2002/10/02/7981.
[FOR HEARING TODAY.
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(10) APPEAL NO. 02-218
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BONNIE TREMBATH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2538 – 33rd Avenue.
[Protesting the issuance on October 31, 2002, [to Todd & Lisa Ng, Permit to Alter a Building [(minor revision to Building Permit Application [No(s). 2002/10/15/8960, revised basement [floor layout to have 1 bedroom/storage/family [room).
[APPLICATION NO. 2002/10/31/0496.
[FOR HEARING TODAY.
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(11) APPEAL NO. 02-219
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AMY & GEORGE BAGGOTT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[738 Duncan Street.
[Protesting the issuance on October 25, 2002, [to Rahmat & Gayle Zandian, Permit to Alter a [Building (extend rear of the existing first floor [8.5ft to the north, construct a 6’ X 15’ deck, [construct a new second floor over the existing [roof with the new second floor to set back [toward the front of the property 8.5ft from the [rear wall of the abutting building to the west in [accordance with Planning Commission Motion [No(s). 12002).
[APPLICATION NO. 2000/06/16/2894.
[FOR HEARING TODAY.
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(12) APPEAL NO. 02-220
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ROGER GONZALES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[715 Brazil Street.
[Protesting the issuance on October 24, 2002, [to Lenora Lai Ngor Wong, Permit to Alter a [Building (remove existing ground floor unit [and legalize as storage per violation [#200232574; legalize all partitions and related [electrical work).
[APPLICATION NO. 2002/09/17/6621.
[FOR HEARING TODAY.
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(13) APPEAL NO. 02-222
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MARILYN BLAKE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[2601 Lyon Street.
[Appealing a determination dated October 29, [2002, addressed to David Silverman at [Reuben & Alter, that the subject roof structure, [as proposed, does not qualify as an exemption [to the height limit pursuant to § 260(b)(1)(B) of [the Planning Code and would therefore be [considered above the height limit.
[FOR HEARING TODAY.
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(14) APPEAL NO. 02-225
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LES & JOANNA
MANKIEWICZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[189 Farnum Street.
[Protesting the issuance on November 1, 2002, [to Steven Popper, Permit to Alter a Building [(new fences over 6 feet).
[APPLICATION NO. 2002/11/01/0637.
[FOR HEARING TODAY.
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(15) APPEAL NO. V02-227
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WILLIAM & GAYLE CHAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[1998 – 8th Avenue.
[Appealing the conditions accompanying the [granting on November 15, 2002, of a Rear [Yard Variance (to construct a first floor deck [with an arbor overhang and spiral stairs to [grade at rear of building, modified by the [Zoning Administrator to extend no more than 8 [feet from the rear building wall, with the revised [proposal to be constructed with maximum [openness as otherwise permitted by the [Building Code).
[VARIANCE CASE NO. 2002.0784V.
[FOR HEARING TODAY.
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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: Jan. 30, 2003
