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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, DECEMBER 4, 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 ITEM(S):
ITEM A: 50 – 8th Street. Letter from Christopher Moscone, agent for Foster Media, Appellant, requesting rehearing of Appeal No(s). 02-030, Foster Media vs. ZA, decided June 19, 2002. Upon motion by Vice President McInerney, the Board voted 2-3 (Commissioner Cullum, Commissioner Saunders & Commissioner El Qadah dissented) to uphold the subject determination. Four votes being necessary to overturn any departmental action, the motion passed and the subject determination was upheld. Determination: that the subject Building Permit Application for a general advertising sign is disapproved because the subject property is visible from, and located within 200 feet of the Market Street Special Sign District.
ITEM B: Taxicab medallion no(s). 129. Letter from John Feldmann III, Attorney for David Adams, Appellant, requesting rehearing of Appeal No(s). 02-020, Adams vs. Taxi Commission, decided June 12, 2002. Upon motion by Commissioner Cullum, the Board voted 3-2 (President Chin & Commissioner El Qadah dissented) to dismiss the case for lack of subject matter jurisdiction.
ITEM C: 645 Capitol Avenue. Letter from Raymond Wu, Requestor/Permit Holder, asking that the Board take jurisdiction over Building Permit Application No(s). 2002/10/08/7967 for the purpose of filing a penalty appeal.
Date Permit Issued: October 2, 2002
Last Day to Appeal: October 17, 2002
Jurisdiction Request Received: October 28, 2002
(3) ADDENDUM ITEMS (CONTINUED):
ITEM D: 2538 – 33rd Avenue. Letter from Bonnie Trembath, Requestor, asking that the Board take jurisdiction over Building Permit Application No(s). 2002/10/15/8960. Permit Holder(s): Todd & Lisa Ng. Project: basement remodel – 1 bedroom, 1 family room and 2 bathrooms.
Date Permit Issued: October 15, 2002
Last Day to Appeal: October 30, 2002
Jurisdiction Request Received: November 5, 2002
ITEM E: 1479 – 3rd Avenue. Letter from Larry Badiner, Zoning Administrator, requesting rehearing of Appeal 01-196, Wydler vs. ZA, decided Jan. 30, 2002. Upon motion by Vice President McInerney, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the subject determination and to adopt the findings submitted by the appellant’s attorney. Appellant: Aton Wydler. Determination: that use of the subject property as a 4-unit residential building is not permitted under the Planning Code, and is not considered to be a legal non-conforming use under Planning Code Sections 180 through 185.
(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. 02-091
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ROBERT HINDI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[120 Elsie Street.
[Appeal for refund of penalty imposed on [May 29, 2002, for work done without a permit.
[APPLICATION NO. 2002/03/19/1736.
[FOR HEARING TODAY.
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(5) APPEAL NO. 02-150
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JIMMY CHU, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[1551 Taraval Street.
[Appealing a Permit Suspension Request dated [July 23, 2002, addressed to Dept. of Building [Inspection Director Frank Chiu, requesting that [Building Permit Application No(s). 9903316S be [suspended for the reason that proper [neighborhood notification under Planning Code [§ 312 was omitted in error.
[FOR HEARING TODAY.
[NOTE: PER BOARD MOTION ON NOV. 20, [2002, THIS MATTER IS NOT TO BE CALLED [PRIOR TO 6 PM.
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(6) APPEAL NO. 02-017
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TEODORA MONTOYA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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[951 Naples Street.
[Appealing denial on February 4, 2002, of [Permit to Alter a Building (legalize existing in-[law apartment in basement).
[APPLICATION NO. 2001/10/10/0331.
[PUBLIC HEARING HELD APRIL 3, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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(7) APPEAL NO. 02-100
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CANADIAN AMERICAN OIL CO., Appellant(s)
vs.
ZONING ADNMISTRATOR, Respondent
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[1868 Van Ness Avenue (Ben’s Shell Station).
[Appealing a Cease & Desist Order dated [May 24, 2002, addressed to Equilon [Enterprises LLC & Canadian American Oil, that [the subject property is being used for operation [of an off-street parking facility without [benefit of a Conditional Use (CU) authorization, [in violation of Planning Code §’s 171 & [209.7(c).
[FOR HEARING TODAY.
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(8) APPEAL NO. 02-101
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KAREN WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 PARTIES: Not Applicable.
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[335 Country Club Drive.
[Appealing the denial on June 11, 2002, of Site [Permit to Alter a Building (2nd floor addition).
[APPLICATION NO. 2001/08/21/6532S.
[FOR HEARING TODAY.
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(9) APPEAL NO. 02-103
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JOHN TILTON, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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[1069 Pennsylvania Avenue.
[Appealing a Permit Suspension Request dated [May 30, 2002, addressed to Dept. of Building [Inspection Director Frank Chiu, requesting that [Building Permit Application No(s). [2000/03/01/3133 be suspended for the reason [that the permit was issued over the counter in [error, in violation of Planning Code § 608.5.
[FOR HEARING TODAY.
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(10) APPEAL NO. 02-104
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WILLIAM GREGORY
& RICHARD INGRAHAM, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS, Respondent
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[138 Laidley Street.
[Protesting the issuance on June 1, 2002, to [Donna Peck & Michael Daly, Permit to Plant [Two (2) Trees.
[PERMIT NO(S). 45499.
[FOR HEARING TODAY.
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ITEMS (11A), (11B), (11C) & (11D) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 02-113
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ELIZABETH
& JOHN MILLER, & LYNN HALL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[166 Yerba Buena Avenue.
[Protesting the issuance on June 13, 2002, to [Michael Acubado, Site Permit to Erect a [Building (two-story single family dwelling with [2,679sf of ground floor area).
[APPLICATION NO. 2001/07/24/4356S.
[FOR HEARING TODAY.
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(11B) APPEAL NO. 02-114
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ELIZABETH
& JOHN MILLER, & LYNN HALL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[168 Yerba Buena Avenue.
[Protesting the issuance on June 13, 2002, to [Michael Acubado, Site Permit to Erect a [Building (two-story single family dwelling with [2,990sf of ground floor area).
[APPLICATION NO. 2001/07/24/4359S.
[FOR HEARING TODAY.
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(11C) APPEAL NO. 02-115
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VINCENT HOGAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[166 Yerba Buena Avenue.
[Protesting the issuance on June 13, 2002, to [Michael Acubado, Site Permit to Erect a [Building (two-story single family dwelling with [2,679sf of ground floor area).
[APPLICATION NO. 2001/07/24/4356S.
[FOR HEARING TODAY.
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(11D) APPEAL NO. 02-116
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VINCENT HOGAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[168 Yerba Buena Avenue.
[Protesting the issuance on June 13, 2002, to [Michael Acubado, Site Permit to Erect a [Building (two-story single family dwelling with [2,990sf of ground floor area).
[APPLICATION NO. 2001/07/24/4359S.
[FOR HEARING TODAY.
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(12) APPEAL NO. 02-118
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DAVID LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[368 Vallejo Street.
[Protesting the issuance on June 17, 2002, to [Suzanna Dulkinys, Permit to Alter a Building [(renovate kitchen and toilet room at main level, [renovate bedroom to include bathroom, enclose [part of deck for ½ bath, and replace wall [furnaces with direct vent.
[APPLICATION NO. 2002/06/17/9197.
[FOR HEARING TODAY.
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(13) APPEAL NO. 02-195
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MICHAEL J. GUGLIELMINO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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[2448 Larkin Street.
[Protesting the issuance on September 19, [2002, to Primecore, Permit to Alter a Building [(renewal of Building Permit Application No(s). [99257797S, 2000/04/24/7982S1, & [2000/04/24/7982S2).
[APPLICATION NO. 2002/09/19/6954.
[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: November 26, 2002
