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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

REGULAR MEETING - WEDNESDAY, SEPTEMBER 12, 2001

5:30 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 AND QUESTIONS.

(3)MATTERS FOR CONSIDERATION AND OTHER CORRESPONDENCE:

JURISDICTION REQUESTS:

ITEM A: 751-755 Arguello Boulevard. Letter from Drexel Bradshaw, attorney for Jennifer Smith & Nicole Benton, requesting that the Board take jurisdiction over Building Permit Application No. 2000/02/22/2409. Permit Holder: A. Desta.

Date Permit Issued: January 31, 2001

Last Day to Appeal: February 15, 2001

Date Jurisdiction Request Received: August 15, 2001

ITEM B: 2138 - 16th Avenue. Letter from Quincy Yu requesting that the Board take jurisdiction over Order No. 172,915 by the Department of Public Works, denying a permit to remove and replace one tree.

Date of Order: May 19, 2001

Last Day to Appeal: June 4, 2001

Date Jurisdiction Request Received: August 24, 2001

(4)APPEAL NO. 01-093

FLOYD K. FOSTER & CAROLYN DICKINSON, Appellants

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

[585 Laidley Street.

[Protesting issuance on May 9, 2001, to [Sandra and Manny Alvarenga, Permit to [Alter a Building (add one story of occupancy [to existing two-story dwelling; enlarge [existing bedroom on second floor; remodel [existing kitchen; remove existing posts in [garage and widen door to 12 feet; and [seismic upgrade).

[APPLICATION NO. 9923677S.

[FOR HEARING TODAY.

(5)APPEAL NO. 01-104

JOHN O’MALLEY, Appellant

vs.

ZONING ADMINISTRATOR, Respondent

[1280 Hampshire Street.

[Appeal of Notice of Violation dated June 7, [2001, that the subject property, located in a [Residential House district (RH-3), is being [used for a non-residential industrial purpose [(painting contractor’s establishment), in [violation of Planning Code Sections 209 [through 209.9.

[PARTIAL PUBLIC TESTIMONY HEARD [AUGUST 1, 2001.

[REPORT FROM DBI ON LIFE/SAFETY [ISSUES CONSIDERED AUGUST 8, 2001.

[FOR FURTHER CONSIDERATION TODAY.

Items (6A) Through (6D) Shall Be Heard Together

(6A)APPEAL NO. 01-109

THOMAS WOJAK,

BOB BELLUCCI, BRENT BUSHNELL,

MACOLM McCLAY & CHICORY MILES, Appellants

vs.

DEPT. OF BUILDING INSPECTION, Respondent

[1775-1777 Yosemite Avenue.

[Protesting issuance on February 24, 2001, [to Les Silverman, Permit to Alter a Building [(remove all bedrooms without permits).

[APPLICATION NO. 2001/02/22/2712.

[JURISDICTION TAKEN JUNE 13, 2001.

[PUBLIC TESTIMONY HEARD AUGUST 22, [2001.

[FOR FURTHER CONSIDERATION TODAY.

(6B)APPEAL NO. 01-110

THOMAS WOJAK,

BOB BELLUCCI, BRENT BUSHNELL,

MACOLM McCLAY & CHICORY MILES, Appellants

vs.

DEPT. OF BUILDING INSPECTION, Respondent

[1775-1777 Yosemite Avenue.

[Protesting issuance on February 24, 2001, [to Les Silverman, Permit to Alter a Building [(remove all bedrooms without permits).

[APPLICATION NO. 2001/02/22/2724.

[JURISDICTION TAKEN JUNE 13, 2001.

[PUBLIC TESTIMONY HEARD AUGUST 22, [2001.

[FOR FURTHER CONSIDERATION TODAY.

(6C)APPEAL NO. 01-111

THOMAS WOJAK,

BOB BELLUCCI, BRENT BUSHNELL,

MACOLM McCLAY & CHICORY MILES, Appellants

vs.

DEPT. OF BUILDING INSPECTION, Respondent

[1775-1777 Yosemite Avenue.

[Protesting issuance on February 24, 2001, [to Les Silverman, Permit to Alter a Building [(remove all bedrooms without permits).

[APPLICATION NO. 2001/02/22/2693.

[JURISDICTION TAKEN JUNE 13, 2001.

[PUBLIC TESTIMONY HEARD AUGUST 22, [2001.

[FOR FURTHER CONSIDERATION TODAY.

(6D)APPEAL NO. 01-112

THOMAS WOJAK,

BOB BELLUCCI, BRENT BUSHNELL,

MACOLM McCLAY & CHICORY MILES, Appellants

vs.

DEPT. OF BUILDING INSPECTION, Respondent

[1760 Armstrong Avenue.

[Protesting issuance on April 23, 2001, [to Les Silverman, Permit to Alter a Building [(remove all bedrooms without permits).

[APPLICATION NO. 2001/04/23/7505

[JURISDICTION TAKEN JUNE 13, 2001.

[PUBLIC TESTIMONY HEARD AUGUST 22, [2001.

[FOR FURTHER CONSIDERATION TODAY.

(7)CONSENT ITEMS: 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.

(7A)APPEAL NO. 01-122

YONG LIANG CHEN, Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

[200 Arleta Avenue.

[Appeal for Refund of Penalty imposed on [July 24, 2001.

[APPLICATION NO. 2000/10/27/4299.

[FOR HEARING TODAY.

(7B)APPEAL NO. 01-083

ANNA TAM, Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

[416 -15th Avenue.

[Appeal for Refund of Penalty imposed on [May 16, 2001.

[APPLICATION NO. 2001/04/26/7752.

[FOR HEARING TODAY.

Items (8A) & (8B) Shall Be Heard Together:

(8A)APPEAL NO. 01-126

EDWARD H. DAVIS, Appellant

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

[3615 - 20th Street.

[Protesting issuance on July 13, 2001, to [Nina Hatvany, Permit to Erect a Building [(four-story, six-unit building, 40’ in height [with 3,128sf of ground floor area).

[APPLICATION NO. 2000/12/19/8268S.

[FOR HEARING TODAY.

(8B)APPEAL NO. 01-146

NINA HATVANY, Appellant

vs.

ZONING ADMINISTRATOR, Respondent

[3615 - 20th Street.

[Appealing a request by the Zoning [Administrator dated August 20, 2001, that [Building Permit Application No. [2000/12/19/8268 be suspended because it [was approved in error by the Planning [Department, and that said application be [referred back to the Planning Department for [review.

[FOR HEARING TODAY.

(9)APPEAL NO. 01-077

DANIEL KELLY & PENNY SNEED, Appellants

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT DISAPPROVAL

[255 San Marcos Avenue.

[Denial on April 30, 2001 of Permit to Alter a [Building (demolish existing garage and [relocate new garage to front of building; add [new second floor bedroom suite; remodel [kitchen, family room and half-bath at first [floor; new laundry room and remodel [bathrooms and deck at lower level).

[APPLICATION NO. 2000/08/22/8494S.

[FOR HEARING TODAY.

(10)CLOSED SESSION

ITEM A: Public Comment concerning the Closed Session.

ITEM B: Discussion and vote pursuant to Administrative Code Section 67.11(a) as to whether to conduct a closed session and invoke the attorney-client privilege.

ITEM C: Pursuant to Government Code Section 54956.9 and Administrative Code Section 67.8 (3), the Board of Appeals will meet in Closed Session to discuss and take action on attorney-client matters in the following case:

i. Existing Litigation: City & County of San Francisco v. Board of Appeals, Superior Ct # 323740,

Appeal No. 01-042, 696 Pennsylvania Avenue.

ITEM D: Adjourn Closed Session & Reconvene Regular Meeting.

ITEM E: Announcement of Closed Session.

ITEM F: Motion to disclose or not disclose the information discussed in the Closed Session.

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.

Date posted: September 6, 2001