2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, MAY 14, 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: 4125 Balboa Street. Letter from Clarance & Jutta Grider, Appellant(s), requesting rehearing of Appeal No(s). 03-023, Grider vs. ZA, decided April 9, 2003. At that time, upon motion by Vice President Harrington, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the stop work order request by the Zoning Administrator.
ITEM B: 702 Earl Street. Adoption of Findings for Appeal No(s). 02-122 & 02-173, Hamman vs. DBI & Cassidy vs. ZA, decided Jan. 22, 2003. At that time, concerning Appeal No. 02-122, upon motion by President Chin, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the suspension on condition that the appellant file an amended Building Permit Application to correct all Building Code violations to date (Jan. 22, 2003). And for Appeal No. 02-173, at that time, upon motion by President Chin, the Board voted 2-2-1 (Commissioners Shoemaker & Sugaya dissented, Commissioner Saunders absent) to overrule the subject determination. Four votes being required to overturn or modify any departmental action, the motion failed, and the subject determination was upheld. Appellant(s): Michael Hamman & Joe Cassidy.
ITEM C: 1168 Folsom Street. Adoption of Findings for Appeal No(s). 02-232, Hauser vs. DBI, BOSD, decided April 30, 2003. At that time, upon motion by President Chin, the Board voted 5-0 to overrule the denial & grant the subject permit with conditions as stipulated by the appellant and the Planning Department, with findings to be adopted on May 14, 2003. Appellant(s): George Hauser. Project: erect a 5 story, 20-unit building with 8000sf of ground floor area.
(4) APPEAL NO. 03-010
MICHAEL MA, Appellant(s)
ZONING ADMINISTRATOR, Respondent
Subject Prop. Owner(s): ROGER
REYNOLDS
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[2750 Lake Street.
[Appealing the determination dated Jan. 6, 2003, [addressed to Sue Hestor, attorney for [Appellant, that the proposal to construct a 2nd [story above the existing garage on this [detached single family house, if either street [frontage was to be elected as the front lot line, [that portions of the existing building would occur [within the required rear yard, and thus be non-[conforming; therefore, electing a front line [parallel to 29th Avenue would allow for the [proposal to comply with Planning Code §§ [172(b) & 173(b).
[FOR HEARING TODAY.
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(5) APPEAL NO. 02-100
CANADIAN AMERICAN OIL CO., Appellant(s)
ZONING ADMINISTRATOR, 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 §§ 171 & 209.7(c).
[FOR HEARING TODAY.
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(6) 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.
(6A) APPEAL NO. 03-033
ALLEN WU, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
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[618-620 - 6th Street.
[Appeal for refund of penalty imposed on [February 27, 2003, for work done without a [permit (on 2-family residential building: [rebuild side stair, remove kitchen and study [room at 2nd floor, remove illegal kitchen at [ground floor).
[APPLICATION NO. 2003/02/18/7723.
[FOR HEARING TODAY.
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(6B) APPEAL NO. 03-035
WILLIAM HOGLUND, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[1230 - 25th Avenue
[Appealing the imposition of penalty imposed [on March 6, 2003, for work done without a [permit (on single-family house: comply with [NOV #200336757, remove illegal kitchen [and legalize existing rooms in garage at [rear, install laundry sink, and change kitchen [and bedroom to storage rooms).
[APPLICATION NO. 2003/02/12/7342.
[FOR HEARING TODAY.
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(6C) APPEAL NO. 03-041
CLAIRE M. BEASLEY, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[925-927 Grove Street.
[Appeal for refund of penalty imposed on [March 13, 2003 for work done without a [permit (on two-unit residential building: [remove existing prohibited kitchen from non-[permitted, unconditioned area of [construction to convert area to [unconditioned permitted construction; range, [refrigerator, and kitchen cabinets to be [removed, and range gas line to be capped [and sealed within wall; voluntary [compliance).
[APPLICATION NO. 2003/03/03/8647.
[FOR HEARING TODAY.
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(7) APPEAL NO. 03-039
PATRICIA C. MAJOR, Appellant(s)
DEPT. OF PUBLIC WORKS, Respondent
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[1400 Montgomery Street.
[Appealing the denial on Feb. 27, 2003, of a [Permit to Remove & Replace One Tree.
[ORDER NO. 173,986.
[FOR HEARING TODAY.
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(8) APPEAL NO. 02-201
JAMES VIEGAS, Appellant(s)
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 (on single-family house: 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.
[PARTIAL TESTIMONY HEARD APRIL 2, 2003.
[FOR FURTHER CONSIDERATION TODAY.
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(9) APPEAL NO. 02-237
TINA WOLLENBERGER
& RAFAEL CALDERON, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[2515-2519 Post Street.
[Protesting the issuance on March 29, 2002, [to Victor Ume-Ukeje, Permit to Alter a [Building (on 3-unit residential building: [renovation of each unit; upgrade of bath, [kitchen; finishes, lighting; no change to [building footprint; new garage.)
[APPLICATION NO. 2002/03/29/2665.
[JURISDICTION GRANTED DEC. 12, 2002.
[PUBLIC HEARING HELD & CLOSED ON [FEB. 26, 2003.
[FOR FURTHER CONSIDERATION TODAY.
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(10) APPEAL NO. 03-009
IBRAHIM MALIK,SALWA
GHAIM & THOMAS NGAI, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[39 Country Club Drive.
[Protesting the issuance on January 3, 2003, to [David Truong, Site Permit to Alter a Building [(horizontal addition on single-family house).
[APPLICATION NO. 2002/02/25/9908S.
[NOTE: BOARD VOTED ON MARCH 19, 2003 [TO UPHOLD PERMIT WITH NO [CONDITIONS. THEN, ON APRIL 23, 2003 [THE BOARD VOTED 5-0 TO GRANT THE [REHEARING REQUESTS BY THE PLANNING [DEPT. & THE APPELLANTS.
[FOR REHEARING TODAY.
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(11) APPEAL NO. 03-015
SANGIACOMO
ROSETTA LIVING TRUST, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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[3366 Sacramento Street.
[Appealing the denial on Jan. 30, 2003, of [Permit to Alter a Building (on 2-unit [residential/retail building: change of use permit; [provide new sprinkler for 1hr protection and [new ¾ hr property line protection windows).
[APPLICATION NO. 2001/04/25/7697.
[FOR HEARING TODAY.
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(12) APPEAL NO. V03-024
ALFRED LEE, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[423 - 35th Avenue.
[Appealing the denial on Feb. 6, 2003, of Rear [Yard & Front Setback Variances (subject [property, a 3-story, 2-family house was built [subsequent to Planning Commission [Discretionary Review Case No(s). [1997.0380D, but in violation of the plans [approved by the Commission, and to an extent [that would require a variance from the [requirements of the Planning Code to allow the [building to remain.)
[VARIANCE CASE NO. 2002.1210V.
[FOR HEARING TODAY.
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(13) APPEAL NO. 03-040
ELIZABETH FREITAS, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
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[1915 Diamond Street.
[Appealing the denial on March 13, 2003, of [a Permit to Alter Building (on a single-family [house: correct record to show legal [housekeeping unit, comply with NOV [#200225189, remodel kitchen and bath in [housekeeping unit, and repair exterior rear [stairs).
[APPLICATION NO. 2003/02/19/7803.
[FOR HEARING TODAY.
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ITEMS (14A), (14B) & (14C) SHALL BE HEARD TOGETHER:
(14A) APPEAL NO. 03-042
JOHN LOUGHRAN, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[2735 Larkin Street.
[Protesting the issuance on November 15, [2002 (re-noticed March 17, 2003 to extend [appeal period) to Adam Landsdorf, Permit to [Alter a Building (on single-family house: [interior remodel of kitchen, bathrooms; [removal of windows to be replaced with [doors; construction of decks over garage, [roof of basement for structural DWGS, gate [at rear yard easement; see BPA No(s). [2002/10/18/9395; revise to clarify scope).
[APPLICATION NO. 2002/11/15/1602.
[FOR HEARING TODAY.
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(14B) APPEAL NO. 03-049
MARK W. MIRAVALLE, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[2735 Larkin Street.
[Protesting the issuance on November 15, [2002 (re-noticed March 17, 2003 to extend [appeal period) to Adam Landsdorf, Permit to [Alter a Building (on single-family house: [interior remodel of kitchen, bathrooms; [removal of windows to be replaced with [doors; construction of decks over garage, [roof of basement for structural DWGS, gate [at rear yard easement; see BPA No(s). [2002/10/18/9395; revise to clarify scope).
[APPLICATION NO. 2002/11/15/1602.
[FOR HEARING TODAY.
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(14C) APPEAL NO. 03-050
RICHARD GARVIN, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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[2735 Larkin Street.
[Protesting the issuance on November 15, [2002 (re-noticed March 17, 2003 to extend [appeal period) to Adam Landsdorf, Permit to [Alter a Building (on single-family house: [interior remodel of kitchen, bathrooms; [removal of windows to be replaced with [doors; construction of decks over garage, [roof of basement for structural DWGS, gate [at rear yard easement; see BPA No(s). [2002/10/18/9395; revise to clarify scope).
[APPLICATION NO. 2002/11/15/1602.
[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: May 8, 2003
