2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, DECEMBER 18, 2002
SPECIAL START TIME OF 1:30 PM, CITY HALL, ROOM 416
(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: 1 Grand View Avenue. Letter from Sal Balistreri, requesting rehearing of Appeal No(s). V02-109, Balistreri vs. ZA, decided November 20, 2002. Upon motion by President Chin, the Board voted 5-0 to uphold the subject variance. Project: construction of a new single-family dwelling with 2 stories at the front located on Grand View Avenue and a total of 3 stories at the rear on Stanton Street. Variance Holder(s): Warner Schmalz. Subject Property Owner(s): Frank & Maureen Cafferkey.
ITEM B: Taxicab Medallion No(s). 981. Letter from Jim Gillespie, Agent for Vernon Lidell, requesting rehearing of Appeal No(s). 02-097, Lidell vs. Taxi, decided November 20, 2002. Upon motion by President Chin, the Board voted 5-0 to uphold the subject revocation.
ITEM C: 530 - 47th Avenue. Letter from Brett Horton, Appellant, requesting rehearing of Appeal No(s). 02-164 & 02-169, Horton vs., DBI, PDA, decided Nov. 20, 2002. Upon motion by Commissioner Saunders, the Board voted 5-0 to uphold both subject permits. Project: remodel downstairs family room, bath and laundry; remodel ground floor bedrooms and stairway to 2nd floor; add 2nd floor master bedroom, bath and closet; seismic, electrical and mechanical upgrades. Dry rot repair and foundation cap, new slab on grade, plumbing and electrical repair as required, all interior work only. Permit Holder(s): Ed Villhauer.
(3) ADDENDUM ITEMS (CONTINUED):
ITEM D: 888 Elizabeth Street. Letter from Lowell Buckner, Requestor/Permit Holder, asking that the Board take jurisdiction over Building Permit Application No(s). 2002/07/16/1531 for the purpose of filing a penalty appeal.
Date Permit Issued: July 16, 2002
Last Day to Appeal: July 31, 2002
Date Jurisdiction Request Received: Dec. 3, 2002
(4) APPEAL NO. V02-206
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LARRY RICHARDS, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1301-1327 Polk Street.
[Protesting the granting on October 11, 2002, [to Mercy Housing Califronia c/o Jennifer Dolin, [Rear Yard, Usable Open Space & Dwelling [Unit Exposure Variance(s) (convert the [residential and tourist hotel rooms on the 2nd [through 5th floors of the existing building into [72 units of senior housing).
[VARIANCE CASE NO. 2002.0346V.
[FOR HEARING TODAY.
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(5) APPEAL NO. 01-154
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SAILING BILLBOARDS OUTDOOR MEDIA,
Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[60 Broadway.
[Appealing the revocation on August 22, 2001, [of Permit to Erect a Sign (single-faced, painted [wall, with a surface area of 950sf).
[APPLICATION NO. 9908729.
[FOR HEARING TODAY.
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(6) APPEAL NO. 02-107
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STEVEN LEE
dba "GLASKAT SUPPER CLUB", Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[520 - 4th Street.
[Appealing a determination dated March 19, [2002, addressed to Steven Lee, that the Police [Permit Application Zoning Referral for an [Extended Hours Premises Permit at the subject [property cannot be approved because such [approval would constitute an intensification of [the legal nonconforming use (nighttime [entertainment) in violation of Planning Code § [181(a), and because the prior Extended Hours [Premises Permits enjoyed at the subject [property were all voluntarily surrendered in [excess of 3 years ago, and Planning Code § [183 prohibits the reestablishment of [nonconforming uses that have been [discontinued for a continuous period of 3 years.
[JURISDICTION GRANTED MAY 29, 2002.
[FOR HEARING TODAY.
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ITEMS (7A), (7B), (7C) & (7D) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 02-113
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ELIZABETH
& JOHN MILLER, & LYNN HALL, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[166 Yerba Buena Avenue.
[Protesting the issuance on June 13, 2002, to [Michael Acubado, Site Permit to Erect a [Building (two-story single family dwelling with [2,679sf of ground floor area).
[APPLICATION NO. 2001/07/24/4356S.
[FOR HEARING TODAY.
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(7B) APPEAL NO. 02-114
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ELIZABETH
& JOHN MILLER, & LYNN HALL, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[168 Yerba Buena Avenue.
[Protesting the issuance on June 13, 2002, to [Michael Acubado, Site Permit to Erect a [Building (two-story single family dwelling with [2,990sf of ground floor area).
[APPLICATION NO. 2001/07/24/4359S.
[FOR HEARING TODAY.
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(7C) APPEAL NO. 02-115
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VINCENT HOGAN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[166 Yerba Buena Avenue.
[Protesting the issuance on June 13, 2002, to [Michael Acubado, Site Permit to Erect a [Building (two-story single family dwelling with [2,679sf of ground floor area).
[APPLICATION NO. 2001/07/24/4356S.
[FOR HEARING TODAY.
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(7D) APPEAL NO. 02-116
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VINCENT HOGAN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[168 Yerba Buena Avenue.
[Protesting the issuance on June 13, 2002, to [Michael Acubado, Site Permit to Erect a [Building (two-story single family dwelling with [2,990sf of ground floor area).
[APPLICATION NO. 2001/07/24/4359S.
[FOR HEARING TODAY.
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(8) APPEAL NO. 02-125
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SIDNEY UNOBSKEY, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2638 Baker Street.
[Protesting the issuance on July 2, 2002, to [James Newton, Permit to Alter a Building [(remove existing 2nd floor greenhouse and [replace with roof).
[APPLICATION NO. 2002/06/12/8790.
[FOR HEARING TODAY.
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(9) APPEAL NO. 02-136
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TOM TAYLOR, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[451 Hayes Street.
[Appealing a determination dated July 10, 2002, [addressed to Tom Taylor, that the proposed [sheet metal flowers detailed in Building Permit [Application No(s). 2002/04/25/5019 would have [to have a vertical dimension of no greater than [2 feet 6 inches in order to qualify as a permitted [obstruction over the front setback under [Planning Code § 136.
[APPLICATION NO.
[FOR HEARING TODAY.
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(10) APPEAL NO. 02-137
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DAVID KNUDSEN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2010 Divisadero Street.
[Protesting the issuance on July 15, 2002, to [Saud Family Trust, Site Permit to Erect a [Building (one-story commercial retail building [with 1,100sf of ground floor area).
[APPLICATION NO. 2000/10/30/4397S.
[FOR HEARING TODAY.
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(11) APPEAL NO. V02-138
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LISA HONIG, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[322 Rutledge Street.
[Protesting the granting on July 17, 2002, to [Apparatus Architecture c/o Stuart Hills, Rear [Yard & Mass Reduction Variance(s) (add [approximately 47sf of useable floor area, plus [approximately 66sf of balcony space to the rear [of an existing single family dwelling).
[VARIANCE CASE NO. 2002.0377V.
[FOR HEARING TODAY.
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(12) APPEAL NO. 02-139
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THOMAS J. COATES, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[490 Avila Street.
[Appealing a determination dated July 11, 2002, [addressed to Joel Yodowitz at Ruben & Alter [LLP, that variance case no. 95.442V, granted [on October 10, 1995, which considered the [southeast property line to be the rear property [line, is considered to be accurate and [necessary for the work that was proposed.
[FOR HEARING TODAY.
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(13) APPEAL NO. 02-141
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MARC GOLDSMITH, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1012 Divisadero Street.
[Protesting the issuance on July 15, 2002, to [Eric Schleelein & Flora Cheung, Permit to Erect [a Building (one-story garage with 270sf of [ground floor area).
[APPLICATION NO. 2002/01/25/7741.
[FOR HEARING TODAY.
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ITEMS (14A) & (14B) & (14C) SHALL BE HEARD TOGETHER:
(14A) APPEAL NO. 02-143
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MELINDA HALL, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2311 - 19th Street.
[Protesting the issuance on July 19, 2002, to [Michael Plotista, Permit to Demolish a Building [(three-story, two-unit residential building with [1000sf of ground floor area).
[APPLICATION NO. 2000/02/29/3108.
[FOR HEARING TODAY.
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(14B) APPEAL NO. 02-144
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MELINDA HALL, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2311 - 19th Street.
[Protesting the issuance on July 19, 2002, to [Michael Plotista, Site Permit to Erect a Building [(three-story, two-unit building/townhouses with [1600sf of ground floor area).
[APPLICATION NO. 2000/02/29/3109S.
[FOR HEARING TODAY.
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(14C) APPEAL NO. 02-145
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MELINDA HALL, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[705 Utah Street.
[Protesting the issuance on July 19, 2002, to [Michael Plotista, Site Permit to Erect a Building [(three-story, one-unit building/townhouse with [1200sf of ground floor area).
[APPLICATION NO. 2000/02/17/2203.
[FOR HEARING TODAY.
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(15) APPEAL NO. 02-148
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IAN BERKE, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2606/2610 Jackson Street.
[Protesting the issuance on July 30, 2002, to [Mark Perry, Site Permit to Alter a Building (two [adjacent residences with zero lot lines are to be [joined into one residence).
[APPLICATION NO. 2001/12/24/5878S.
[FOR HEARING TODAY.
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(16) APPEAL NO. 02-149
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PEDRO MEREL, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[3873 - 3875 - 17th Street.
[Protesting the issuance on July 25, 2002, to [Andrew Goldfarb & Chris Nordquist, Site Permit [to Alter a Building (rear addition onto 3-story [residence).
[APPLICATION NO. 2001/06/22/2235S.
[FOR HEARING TODAY.
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(17) APPEAL NO. V02-154
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DONALD PERSKY, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[2540 Clay Street.
[Protesting the granting on August 1, 2002, to [Allan Levy, Rear Yard Variance (construct a [second floor deck and spiral stair that [encroach into the required rear yard).
[VARIANCE CASE NO. 2002.0331V.
[FOR HEARING TODAY.
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(18) APPEAL NO. 02-155
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JERRY & SANDRA PETERSON, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[372-374 Pennsylvania Ave.
[Appealing a Notice of Violation dated July 30, [2002, addressed to Jerry & Sandra Peterson [and Andrew Zacks, that the subject property is [being operated as a tourist motel without a [Conditional Use (CU) permit in violation of [Planning Code § 303; that the 3 dwelling units [on the subject property exceed the allowable [density in an RH-2 zoning district in violation of [Planning Code § 209.1; and that the basement [is being used as lodging for a tourist motel in [violation of Notice of Special Restrictions [(NSR) #F373820 & Planning Code § 174.
[FOR HEARING TODAY.
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(19) APPEAL NO. 02-157
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DEE ANN YABUSAKI, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[155 Rivoli Street.
[Protesting the issuance on July 30, 2002, to [Chris Husband, Permit to Alter a Building [(expansion of habitable space into existing [gabled roof attic, removal of part of roof and [construction of new dormers and removal of [part of roof and construction of a new flat roof [and roof deck).
[APPLICATION NO. 2002/02/26/0108.
[FOR HEARING TODAY.
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(20) APPEAL NO. V02-163
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OPERA PLAZA
HOMEOWNERS ASSOCIATION, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[724-730 Van Ness Avenue.
[Protesting the granting on August 13, 2002, to [724 Van Ness Associates LLC, Parking & Rear [Yard Requirement Modifications, & Off-Street [Freight Loading Variance (modification of the [parking requirement to permit a reduction from [141 to 51 independently accessible off-street [parking spaces; modification of the rear yard [requirement for a building located [approximately 36 feet from the rear lot line [where approximately 40 feet would be [required; and elimination of the one off-street [freight loading space requirement by providing [two service vehicle spaces).
[VARIANCE CASE NO. 2001.0535CEKV.
[FOR HEARING TODAY.
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(21) APPEAL NO. 02-167
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EVELYN KAY ELLIOTT, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[40-48 Wilmot Street.
[Protesting the issuance on August 9, 2002, to [Thomas & Tracy Iseler, Site Permit to Alter a [Building (interior renovation at all levels, minor [vertical addition, removal of illegal unit to [become 2 units total, and new rear stairs).
[APPLICATION NO. 2001/08/13/5931S.
[FOR HEARING TODAY.
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(22) APPEAL NO. 02-168
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PHILIP B. HOROWITZ, Appellant(s)
DEPT. OF PUBLIC WORKS, Respondent
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[157 Fillmore Street.
[Protesting the issuance on August 12, 2002, to [Francisco C. Lovato dba "Health Wise for Pets", [Display Merchandise Permit.
[ORDER NO. 173,671.
[FOR HEARING TODAY.
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(23) APPEAL NO. 02-170
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HANSON LEE, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2670 - 47th Avenue.
[Protesting the issuance on August 21, 2002, to [Alfred Lee, Site Permit to Alter a Building (two [story rear addition).
[APPLICATION NO. 2002/01/09/6578S.
[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: December 12, 2002
