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REGULAR MEETING OF THE SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, FEBRUARY 16, 2000
5:30 P.M., CITY HALL, ROOM 416
1 DR. CARLTON B. GOODLETT PLACE
(FORMERLY 301 POLK STREET)
(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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COMMISSIONERS COMMENTS AND QUESTIONS.
(3) MATTERS FOR CONSIDERATION AND OTHER CORRESPONDENCE:
REQUEST FOR JURISDICTION BEYOND FIFTEEN-DAY APPEAL PERIOD
ITEM A: Letter from Lynn Axelrod, attorney for Victor and Linda Vitlin, requesting that the Board take jurisdiction over Building Permit Application No. 9702332S, issued to Ed Tanser to erect a 200-unit (residential and live/work) building at 855 Folsom Street.
Date issued December 23, 1999
Last day to appeal January 7, 2000
Request for jurisdiction February 3, 2000
SECOND REQUEST FOR REHEARING:
ITEM B: Letter from Raquel Fox, attorney for Frank Daijo, appellant requesting a second rehearing of Appeal No. 99-073, 470 - 25th Avenue. Hearing July 14, 1999. Upon motion by President McInerney, the Board voted 4-0 to RECUSE Vice President Chin because of a conflict of interest. Then after testimony, upon motion by Commissioner Cullum, the Board voted 3-1 (President McInerney dissented) to UPHOLD the department and GRANT the permit. Request for rehearing October 13, 1999. Upon motion by President McInerney, the Board voted 5-0 to RECUSE Vice President Chin because of conflict of interest. Then upon motion by Commissioner Cullum, the Board voted 3-1 (President McInerney dissented) to grant the request for rehearing. Four votes are needed and the motion failed. The request was DENIED. Notice of Decision and Order released October 18, 1999. Request for suspension of rules January 26, 2000. Upon motion by Commissioner Cullum, the Board voted 4-0 to RECUSE President Chin. Afterwards, upon motion by Commissioner Cullum, the Board voted 3-1 (Commissioner McInerney dissenting) to SUSPEND THE RULES and set aside its October 13, 1999 decision denying the request for rehearing, thus giving the appellant another 10-day period to file a request for rehearing.
REQUEST FOR REHEARING:
ITEM C: Letter from Donald Trierweiler, appellant requesting rehearing of Appeal No. 99-126, revocation of taxicab medallion. Hearing January 26, 2000. Upon motion by Commissioner Cullum, the Board voted 5-0 to UPHOLD the Taxicab Commission’s resolution revoking Taxicab Medallion No. 654. Then upon motion by Commissioner Cullum, the Board voted 5-0 to ADOPT the findings prepared by Thomas Owen, Deputy City Attorney.
Items (4A) and (4B) shall be heard together
(4A) APPEAL NO. 98-052
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WILFREDO MENDOZA, Appellant
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[Protesting issuance on March 11, 1998, [to Wai Ming Luk, permit to Alter a [Building (upgrade electrical wiring, [replace window, install skylight, remodel [kitchen, insulate walls where accessible) [at 3647 - 23rd Street.
[APPLICATION NO. 9804149.
[FOR FURTHER HEARING TODAY.
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WILFREDO MENDOZA, et al., Appellants
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[Protesting issuance on July 1, 1998, to [Wai Ming Luk, permit to Alter a Building [(remove interior walls to convert two unit [building to single family dwelling) at [3647 - 23rd Street.
[APPLICATION NO. 9810383.
[FOR FURTHER HEARING TODAY.
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(5) APPEAL NO. 99-112
WAI MING & KWAN YUK M. LUK, Appellants
vs.
ZONING ADMINISTRATOR, Respondent
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[Determinations of the Zoning Admin- [istrator dated June 25 and July 13, 1999 [that the laundromat business at 3647-49 [- 23rd Street is limited by Planning Code [Sections 182, 710.40 and 790.102(e) to [serve only the immediate neighborhood [with all washing and cleaning done [on-site and with all windows closed, with [compliance within 30 days or abatement [action to be pursued.
[FOR HEARING TODAY.
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(6) APPEAL NO. 99-159
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HERMAN & JANE ABELSON, Appellants
ZONING ADMINISTRATOR, Respondent
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[Determination by the Zoning Admin-[istrator dated September 24, 1999 that [the proposed screened off-street [parking space in front of 1970 Jackson [Street is not permitted under Planning [Code Section 132(b) which requires a [13-foot front setback, unless a variance [is sought and granted.
[APPLICATION NO. 9918712.
[FOR FURTHER HEARING TODAY.
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(7) APPEAL NO. 99-166
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HAL LEININGER, Appellant
vs.
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[Protesting issuance on October 8, 1999, [to Thomas and Susan Bernard, permit [to Alter a Building (to complete work [started under PA #8404649 and [extended under PA #8805005; remove [two walls, one parapet wall, and firewall) [at 1920 Golden Gate Avenue.
[APPLICATION NO. 9921351.
[FOR HEARING TODAY.
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(8) APPEAL NO. V99-204
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SARAH & PETER MORSE, Appellants
vs.
ZONING ADMINISTRATOR, Respondent
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[Decision by the Zoning Administrator [dated December 14, 1999, denying a [Rear Yard Variance (convert basement [into habitable ground level, reduce [length of existing raised deck so as to [create a new garden/patio at ground [level, replace existing retaining wall and [fence, install new gate at rear property [line, and remodel existing main floor of [the rear cottage) at 2847-2851 Clay [Street.
[VARIANCE CASE NO. 99.523V.
[FOR HEARING TODAY.
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(9) APPEAL NO. 99-205
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JEROME BARULICH & BRUCE SCHNEIDER,
Appellants
vs.
ZONING ADMINISTRATOR, Respondent
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[Determination by the Zoning Admin-[dated December 16, 1999 that smoke [and odors emitted by the rooftop [exhaust vents of Eliza’s Restaurant at [1457-18th Street did not reach the level [of offensiveness that would be a [violation of Planning Code Section [703.2(b)(2)(B), and recommending that [owners and neighbors seek assistance [of a mediation service.
[FOR HEARING TODAY.
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(10) Proposed Annual Department Budget for Fiscal Year 2000-2001. For public hearing, consideration and adoption.
Copies are available at Board office.
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.
