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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, AUGUST 27, 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:                         

Subject property at 2526 Greenwich Street; Permit was issued on June 17, 2002

Last day to appeal was July 2, 2002; Jur. request received on July 7, 2003                                      

Letter from Eve Soloman, requestor, asking that the Board take jurisdiction over Building Permit Application No(s). 2002/06/17/9232 for the purpose of filing a penalty appeal.  Project: corrective action to remove kitchen in social hall as per NOV No(s). 200226509.

 

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

Subject property at 762 Colby Street; Permit was issued on April 30, 2003

Last day to appeal was May 15, 2003; Jur. request received on August 6, 2003

Letter from Lindy Ng, Requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/04/30/3516.  Project: remove illegal kitchen at ground floor and a spiral stair between 1st and 2nd floors; complaint #200008712.  Permit Holder(s): Bailey Yang.

 

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

Subject property at 330 – 25th Avenue; Permit issued on May 12, 2003

Last day to appeal was May 27, 2003; Jurisdiction request received on August 18, 2003                                                    

Letter from Janet Codor and Charles Hoffman, asking that the Board take jurisdiction over Building Permit Application No(s). 2000/04/05/6504S.

Note:  The requestors filed an appeal of the issuance of the subject demolition and site permit (Appeal Nos. 03-071/072) and the Board held a hearing on July 9, 2003 and voted  5-0 to uphold the demolition permit without conditions, and to uphold the site permit on condition that the exterior wall be reduced by 4 feet on all 3 floors, with the fire escape to remain.  No request for rehearing was filed within 10 days of the Board’s decision, and the Notice of Decision was released on July 28, 2003, ending the Board’s jurisdiction in this matter.  The requestors have filed this jurisdiction request for the purpose of obtaining clarification on the Board’s conditions and/or for the purpose of obtaining a second 10-day rehearing period.  If this request is granted, the Board may consider the rehearing request for Appeal No(s). 03-071/072 as addendum item 3D.

 

(3D)  REHEARING REQUEST: 

330 – 25th Avenue; Appeal No(s). 03-071/072; Codor & Hoffman vs. DBI, PDA                                               

Letter from Janet Codor and Charles Hoffman, requesting rehearing of Appeal No(s). 03-071/072, decided July 9, 2003.  At that time, upon motion by President Chin, the Board voted 5-0 to uphold the demolition permit without conditions, and to uphold the site permit on condition that the exterior wall be reduced by 4 feet on all 3 floors, with the fire escape to remain.  Project: demolish a two-story single family house with 1400sf of ground floor area, and construct a three-story, two-unit condominium building with 2060sf of ground floor area.  Permit Holder(s): Michael Chan.

 

(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. 03-074

ROBERT BOUCHER, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

5587 Diamond Heights Blvd.

Appeal for refund of penalty imposed on May 27, 2003, for work done without a permit (on single-family house: replace two-level existing deck).

APPLICATION NO. 2002/08/23/4747.

FOR HEARING TODAY.

 

(5)   APPEAL NO. 03-090

RICHARD CHICOTEL, Appellant(s)

                        vs.

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent          

 

740 Church Street.

Appealing a decision dated May 22, 2003, issuing a Permit to Remove & Replace Two Trees, & denying a Permit to Remove & Replace 4 Trees.

ORDER NO. 174,139.

FOR HEARING TODAY.

 

(6)   APPEAL NO. 03-092

CARL E. OLSON, Appellant(s)

                        vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET USE & MAPPING,

                                                        Respondent

 

Northwest Corner of Haight & Masonic.

Protesting the issuance on May 28, 2003, to JC Decaux San Francisco Inc., Automatic Public Toilet Permit. 

ORDER NO. 174,167.

PERMIT NO. 03PT-001.

FOR HEARING TODAY.

 

(7)   APPEAL NO. 03-104

JOE WYMAN, Appellant(s)

                        vs.

DEPT. OF PUBLIC WORKS

BUREAU OF STREET USE & MAPPING,

                                                      Respondent

 

Various Locations on Broadway & Embarcadero.

Protesting the issuance on June 20, 2003, to One Reel/Teatro Zinzanni, Street Use Banners Permit.

ORDER NO. 165,292.

PERMIT NO. 03B-032.

FOR HEARING TODAY.

 

ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:

(8A)   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.

(8B)  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.

 

(9)   APPEAL NO. 03-089

WILLIAM SCHMETTERER, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. DISAPPROVAL

 

 

854 Stanyan Street.

Appealing the denial on May 23, 2003 of Permit to Alter a Building (on residential/office building: legalize use change on 2nd floor from single-family dwelling to office (non-profit institution); no physical alteration and no T.I. work).

APPLICATION NO. 2002/01/31/8143.

FOR HEARING TODAY.

 

(10)    APPEAL NO. V03-094

GUY LANSING

NEIGHBORHOOD ASSOC., Appellant(s)

                        vs.

ZONING ADMINISTRATOR, Respondent          

 

40-50 Lansing Street a.k.a. 35 Guy Place.

Protesting the granting on June 3, 2003, to Lambert Development LLC, Dwelling Unit Exposure, Freight Loading, Setback, Street Frontage Use Requirements, & Above Grade Parking Within 25 Feet of Street Variance(s) (to demolish the existing building and construct 82 residential units with 82 accessory parking spaces (plus an additional car share space) in a single 84 foot tall building).

VARIANCE CASE NO. 2002.0446CEKV

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:  Aug. 21st, 2003