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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

REGULAR MEETING - WEDNESDAY, JANUARY 15, 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:

ITEM A: 281 & 285 Edgewood Avenue. Letter from Judith Harding, Appellant(s), requesting rehearing of Appeal No(s). 02-111, Harding vs. ZA, decided October 30, 2002. At that time, upon motion by Commissioner Shoemaker, the Board voted 5-0 to uphold the subject determination. Subject Property Owner(s): Richard & Norma Dennes.

ITEM B: 2448 Larkin Street. Letter from Michael Guglielmino, Appellant(s), requesting rehearing of Appeal No(s). 02-195, Guglielmino vs. DBI, decided Dec. 4, 2002. At that time, upon motion by President Chin, the Board voted 5-0 to uphold the subject permit. Permit Holder(s): Primecore. Project: renewal of Building Permit Application No(s). 99257797S, 2000/04/24/7982S1, & 2000/04/24/7982S2.

ITEM C: 1069 Pennsylvania Avenue. Letter from William Green, attorney for John Tilton, Appellant(s), requesting rehearing of Appeal No(s). 02-103, Tilton vs. ZA, decided Dec. 4, 2002. At that time, upon motion by Commissioner Shoemaker, the Board voted 2-3 (President Chin, Vice President Harrington & Commissioner Saunders dissented) to uphold the permit suspension request by the Zoning Administrator. Four votes being necessary under the City Charter to overturn any departmental action, the permit suspension request by the Zoning Administrator was upheld.

(4) APPEAL NO. 01-221

RANDOLPH & JOANNA GEORGE,

Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[355 Lombard Street.

[Protesting issuance on November 8, 2001, to [Donald Jans, Site Permit to Alter a Building [(install wall, as per plans, on west side of front [yard).

[APPLICATION NO. 2000/07/19/5599S.

[PUBLIC HEARING HELD & CLOSED JUNE 26, [2002.

[FOR FURTHER CONSIDERATION TODAY.

(5) APPEAL NO. 02-020

DAVID ADAMS, Appellant(s)

vs.

TAXI COMMISSION, Respondent

[Appealing denial on January 30, 2002, of [taxicab medallion no(s). 129.

[THE BOARD VOTED 3-2 ON ON JUNE 12, [2002 TO DISMISS THE CASE FOR LACK OF [SUBJECT MATTER JURISDICTION. ON [DECEMBER 4, 2002, THE BOARD VOTED [4-0 TO GRANT THE REQUEST FOR [REHEARING.

[FOR REHEARING TODAY.

(6) APPEAL NO. 02-129

MOHAMMED BAKIR, Appellant(s)

vs.

TAXI COMMISSION, Respondent

[Appealing the revocation on July 5, 2002, of [taxicab medallion no. 864.

[RESOLUTION NO. 2002-50.

[FOR HEARING TODAY.

(7) APPEAL NO. 02-124

JOHN McGLYNN, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS, Respondent

[358 Elizabeth Street.

[Appealing the denial on June 28, 2002, of [Permit to Remove & Replace One Tree.
[ORDER NO. 173,603.

[FOR HEARING TODAY.

(8) APPEAL NO. 02-134

LUIS CAMACHO, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[1738 Lombard Street.

[Protesting the issuance On July 11, 2002, to [Lombard Bay Associates, Permit to Demolish a [Building (two-story commercial building with [6,875sf of ground floor area, & one 1,000sf [apartment above).

[APPLICATION NO. 2001/08/31/7341.

[FOR HEARING TODAY.

(9) APPEAL NO. 02-171

PHONG T. NGUYEN

& TRIEU MUOI, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION,

Respondent

PLANNING DEPT. APPROVAL

[1671 – 40^{th Avenue.}

^{[Protesting the issuance on August 26, 2002, to [Can Pei Zhang, Site Permit to Alter a Building [(horizontal rear addition).}

^{[APPLICATION NO. 2001/11/28/4069S.}

^{[FOR HEARING TODAY.}

(10) APPEAL NO. 02-172

^{TOM KATZ, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION,}

^Respondent

^{PLANNING DEPT. DISAPPROVAL}

^{[1349 Clayton Street.}

^{[Appealing the denial on August 30, 2002, of [Permit to Alter a Building (replace existing steel [with vinyl retrofit – same shape and size; total [20 windows).}

^{[APPLICATION NO. 2002/07/25/2280.}

^{[FOR HEARING TODAY.}

^{(11) APPEAL NO. 02-174}

^{FRESH ORGANICS INC.}

^{dba "THOM’S NATURAL FOODS", Appellant(s)}

^vs.

^{ZONING ADMINISTRATOR, Respondent}

^{[5843 Geary Boulevard.}

^{[Appealing a determination dated August 21, [2002, addressed to Timothy Hinrichs at Fresh [Organics Inc., that an Alcoholic Beverage [Control (ABC) License Type 20 ("Off Sale Beer [& Wine") cannot be approved for the retail [grocery/specialty food store at the subject [property because Planning Code § 790.55 [prohibits the establishment of liquor stores in [the NC-3 zoning district.}

^{[FOR HEARING TODAY.}

^{(12) APPEAL NO. 02-176}

^{SIMON KONG & YING-AH KONG, Appellant(s)}

^vs.

^{ZONING ADMINISTRATOR, Respondent}

^{[2114-2118 Mission Street.}

^{[Appealing a determination dated August 22, [2002, addressed to Van Ly, that no additional [group housing or dwelling units could be added [to the subject property since the number of [dwelling units alone exceeds the density limit [under the Planning Code, and that Conditional [Use Application No(s). 2001.1119C requesting [a parking exception to add group housing units [could not be approved under Planning Code [requirements.}

^{[FOR HEARING TODAY.}

(13) APPEAL NO. 02-177

^{FOSTER MEDIA, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION,}

^Respondent

^{PLANNING DEPT. DISAPPROVAL}

^{[1901 Cesar Chavez Street.}

^{[Appealing the denial on September 6, 2002, of [Permit to Erect a Sign (single poled, double [sided general advertising sign 14’h x 48’w.}

^{[APPLICATION NO. 2002/02/19/9497.}

^{[FOR HEARING TODAY.}

(14) APPEAL NO. 02-178

^{JERRY YEE, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION,}

^Respondent

^{PLANNING DEPT. APPROVAL}

^{[1878 Great Highway.}

^{[Protesting the issuance on August 27, 2002, to [Elizabeth Foree, Site Permit to Alter a Building [(removal of existing roof, creation of new gable [roof with partial 3rd floor loft below, [bathroom/kitchen renovation, and removal of [lower floor bath).}

^{[APPLICATION NO. 2001/05/01/8062S.}

^{[FOR HEARING TODAY.}

^{ITEMS (15A) & (15B) SHALL BE HEARD TOGETHER:}

(15A) APPEAL NO. 02-179

^{CAI XIA GAO, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION,}

^Respondent

^{PLANNING DEPT. APPROVAL}

^{[330 – 2nd Avenue.}

^{[Protesting the issuance on August 30, 2002, to [Debbie Wong, Permit to Demolish a Building [(3-story, 4-unit building with 1500sf of ground [floor area).}

^{[APPLICATION NO. 2000/02/29/2998.}

^{[FOR HEARING TODAY.}

(15B) APPEAL NO. 02-180

^{CAI XIA GAO, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION,}

^Respondent

^{PLANNING DEPT. APPROVAL}

^{[330 – 2nd Avenue.}

^{[Protesting the issuance on August 30, 2002, to [Debbie Wong, Site Permit to Erect a Building [(3-story, 3-unit building with 1,925sf of ground [floor area).}

^{[APPLICATION NO. 2000/02/29/3001S.}

^{[FOR HEARING TODAY.}

(16) APPEAL NO. 02-181

^{STEPHEN HAMNER, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION,}

^Respondent

^{PLANNING DEPT. APPROVAL}

^{[45 Gladys Street.}

^{[Protesting the issuance on August 28, 2002, to [Ron Albers & Colin Alexander, Site Permit to [Alter a Building (horizontal addition to create a [family room on first floor and a bedroom on [second floor; existing storage and study to be [demolished).}

^{[APPLICATION NO. 2001/03/06/3618S.}

^{[FOR HEARING TODAY.}

(17) APPEAL NO. 02-182

^{FREDERICK RENZ, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION,}

^Respondent

^{PLANNING DEPT. APPROVAL}

^{[1372-1374 Union Street.}

^{[Protesting the issuance on August 27, 2002, to [Jim Ritchie, Site Permit to Alter a Building (add [3rd story consisting of living, dining, kitchen and [terraces; add stair penthouses and terrace at [roof above 3rd story; extend building at rear at [basement, 1st and 2nd stories; develop front [portion of basement for garage and rear portion [of basement for living, dining & kitchen; [renovate existing 1st and 2nd floor bedroom and [relocated bathrooms.}

^{[APPLICATION NO. 2001/03/14/4264S.}

^{[FOR HEARING TODAY.}

(18) APPEAL NO. 02-201

^{JAMES VIEGAS, Appellant(s)}

^vs.

^{DEPT. OF BUILDING INSPECTION,}

^Respondent

^{PLANNING DEPT. APPROVAL}

^{[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.}

^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: January 9, 2003

Meeting Information