2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, MAY 18, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
(1) PUBLIC COMMENT:
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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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(2) COMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 3645 – 25th Street #A. Permit issued on March 16, 2005. Last day to appeal was March 31, 2005. Jurisdiction request received April 12, 2005. Letter from Raquel Fox, attorney for Guadalupe Marquez, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2005/03/16/7661. Permit Holder(s): Mauricio & Ana Batlle. Project: on 3-unit residential building; general demolition of affected plaster/sheetrock materials to be removed and disposed of under negative pressure engineering controls.
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(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 380 Monterey Boulevard. Variance granted on December 10, 2003. Last day to appeal was December 20, 2003. Jurisdiction request received on April 12, 2005. Letter from Maureen Fitzpatrick, requestor(s), asking that the Board take jurisdiction over variance decision no. 2003.0730V. Variance Holder(s): 380 Monterey Condominium Association. Project: legalize the existing off-street parking configuration on the subject site.
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(3C) ADOPTION OF FINDINGS:
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Subject property at 1234 – 19th Avenue. Appeal No(s). 04-113, Romanov vs. DBI, PCD, decided May 4, 2005. At that time, upon motion by Commissioner Fung, the Board voted 5-0 to overrule the denial of the demolition permit by the Planning Commission, and grant this demolition permit with findings to be adopted on May 18, 2005. Project: demolition of 2-story single-family house with 1,506sf of ground floor area.
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(3D) ADOPTION OF FINDINGS:
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Subject property at 21-23 Jersey Street. Appeal No(s). 04-200, Ryan vs. DBI, PCD, decided May 4, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-1 (President Sugaya dissented) to overrule the denial by the Planning Commission, and grant the permit with adoption of findings on May 18, 2005. Project: merge 2 units into single-family residence; remove partition walls at top and bottom of stairs and replace with guardrails; reference previous Building Permit Applications 2000/09/29/1932 & 2000/10/27/4285.
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(4) APPEAL NO. 05-022
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CAMILLE HAMILTON
& DAVID PATING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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755 – 22nd Avenue.
Protesting the issuance on January 13, 2005 (neighborhood notification reissued Feb. 1, 2005 by DBI’s Central Permit Bureau), to Jeffery Nemy & Betsy Erickson, Permit to Alter a Building (on single-family house: add 6’ addition with decks to rear of building as shown on drawings; remodel 3rd floor to provide for new bathroom and decks; remodel kitchen, breakfast room, toilet/powder room and add deck at 2nd floor; remodel garage to provide for new bathroom; add dwelling unit at 1st floor).
APPLICATION NO. 2003/09/29/6087S.
NOTE: PUBLIC HEARING HELD & CLOSED MARCH 30, 2005. CONTINUED FOR LACK OF QUORUM. FOR FURTHER CONSIDERATION TODAY.
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(5) APPEAL NO. 05-033
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JOSEPH BREALL, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on February 11, 2005, of taxi medallion no. 207.
RESOLUTION NO. 2005-08.
FOR HEARING TODAY.
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(6) APPEAL NO. 05-055
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NABIL HOMRAN
dba “RIGHT WAY MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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596 O’Farrell Street.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 9, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 04-05-114.
FOR HEARING TODAY.
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(7) APPEAL NO. 04-160
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BUSH & OCTAVIA REALTY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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1801 Bush Street.
Appealing the denial on October 6, 2004, of Permit to Erect a Sign (6’ X 4’ sign, 8” thick, 120lbs in weight, with 24sf of total surface area, and 20sf of advertising space).
APPLICATION NO. 2004/06/08/5834.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-161
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DYANN TRESENFELD
& ED WALDRUP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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7 Danvers Street.
Appealing the denial on October 20, 2004, of Permit to Alter a Building (on 5-unit residential building plus housekeeping unit: legalize kitchen in housekeeping unit).
APPLICATION NO. 2004/04/13/1110.
FOR HEARING TODAY.
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(9) APPEAL NO. V04-193
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CAROL & DENNIS HAMBY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1400 – 1402 Cole Street.
Protesting the granting on December 6, 2004, to Edward Morris (Subject Property Owners Adel Mohammed Shalabi & Laura Fiene), Rear Yard, Usable Open Space & Non-complying Structure Variances (proposal is to construct a 3rd floor addition containing a dwelling unit on a 2-story mixed-use (single-family residential over ground floor commercial) building.
VARIANCE CASE NO. 2003.0639V.
FOR HEARING TODAY.
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(10) APPEAL NO. 05-028
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OSWALD COUSINS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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837-839 Hayes Street.
Appealing the denial on February 9, 2005, of Permit to Alter a Building (correct the record to reflect two legal existing units; no work proposed).
APPLICATION NO. 2004/04/28/2525.
FOR HEARING TODAY.
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(11) APPEAL NO. 05-041
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KATHY BOLE
& PAUL KLINGENSTEIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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19 – 7th Avenue.
Appealing the denial on March 9, 2005, of Permit to Alter a Building (on single-family house: add bay window at front).
APPLICATION NO. 2004/12/20/1790.
FOR HEARING TODAY.
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(12) APPEAL NO. 05-042
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HENDRIK BAKKER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1923 Webster Street.
Protesting the issuance on March 7, 2005, to 1923 Webster LLC, Site Permit to Alter a Building (on single-family house: raise building 2 feet, add garage and rear addition).
APPLICATION NO. 2004/03/01/7434S.
FOR HEARING TODAY.
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(13) APPEAL NO. 05-051
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MIDTOWN TERRACE HOMEOWNERS ASSOCIATION, TWIN PEAKS IMPROVEMENT ASSOCIATION & FOREST KNOLLS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1 La Avanzada Drive (Sutro Tower).
Appealing a determination dated March 2, 2005, addressed to Siu Ling Chen, concerning Building Permit Application No(s). 2004/11/05/8607, 2004/12/20/1816 & 2005/01/25/3910, which are Sutro Tower’s most recent building permit applications.
FOR HEARING TODAY.
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(14) APPEAL NO. 05-052
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WELL-CARE HEALTH CENTER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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4726 Geary Boulevard.
Appealing a Permit Suspension Request dated March 7, 2005, addressed to Dept. of Building Inspection Acting Director Jim Hutchinson, requesting that Building Permit Application No(s). 2005/02/03/4733 be suspended because the Planning Department is conducting a code enforcement investigation relating to a complaint that an illegal massage establishment is operating at the subject property.
FOR HEARING TODAY.
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(15) APPEAL NO. 05-053
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ALLISON & THOMAS KOHLER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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436-438 Clementina Street.
Protesting the issuance on March 3, 2005, to Raul Arriaza, Permit to Demolish a Building (single-story cabinet shop/equipment warehouse with 5,625sf of ground floor area).
APPLICATION NO. 2000/11/29/6739.
FOR HEARING TODAY.
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(16) APPEAL NO. 05-054
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ELAINE LIU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1831 – 48th Avenue.
Protesting the issuance on March 10, 2005, to Eric Hansen, Permit to Alter a Building (on single-family house: new outdoor deck at 2nd floor; move window at 1st floor).
APPLICATION NO. 2005/03/10/7196.
FOR HEARING TODAY.
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(17) APPEAL NO. 05-056
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GIORGIO BASA, ROSALINA BASA
& JERSEY ECHALUSE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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886 – 30th Avenue.
Protesting the issuance on March 11, 2005, to Lenny Trakhter, Permit to Alter a Building (on single-family house: demolition of illegal unit; cap off plumbing and electrical).
APPLICATION NO. 2005/03/11/7358.
FOR HEARING TODAY.
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(18) APPEAL NO. 05-058
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JENCKYN GOOSBY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1335 Fulton Street.
Protesting the issuance on March 9, 2005, to James Finnegan, Permit to Demolish a Building (single-story warehouse with 4,500sf of ground floor area).
APPLICATION NO. 2002/05/10/6329.
FOR HEARING TODAY.
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(19) APPEAL NO. 05-059
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JOHN & BARBARA PLETZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3344 Market Street.
Protesting the issuance on March 14, 2005, to Michael Gibbons & Katie O’Rourke, Site Permit to Alter a Building (on single-family house: new foundations; front addition; rebuild rear; 2nd story expansion; replaces previous Building Permit Application No. 2003/06/26/8126).
APPLICATION NO. 2004/06/04/5625S.
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) Permit holder's, Respondent’s or Other Parties’ Brief; 3) Appellant’s Reply; 4) Department decision, order, permit, determination, resolution, or Notice of Violation; and 5) Correspondence. These items are available for review at the Board's office, 1660 Mission Street, Room 3036, front counter. Please call 415-575-6880 if you have any questions concerning this agenda.
Date posted: May 11th, 2005.
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA PRESIDENT
SABRINA N. SAUNDERS VICE PRESIDENT
FRANK FUNG COMMISSIONER
MICHAEL GARCIA COMMISSIONER
RANDALL KNOX COMMISSIONER
CLAUDINE WOEBER - OFFICIAL COURT REPORTER 415-506-0430; THE PRESIDING OFFICER WILL CALL A RECESS AT 6:30 P.M. & WHENEVER NECESSARY FOR THE CONVENIENCE OF THE COURT REPORTER.
PROCEDURE AT HEARINGS
The order of presentation of an appeal shall be as follows: In the case of appeal of denials, revocations and suspensions the representatives of the department, board, commission or person from whose order the appeal is taken shall speak first and shall be allowed seven minutes for their presentation and three minutes for rebuttal.
The appellant whose permit has been denied, revoked or suspended shall be allowed seven minutes for oral argument and three minutes for rebuttal.
In the case of protest appeals, the protestor shall speak first and shall be allowed seven minutes to present oral argument and three minutes for rebuttal, and the permit holder shall be allowed seven minutes to present oral argument and three minutes for rebuttal. The Board may request a departmental response at its own discretion.
Other persons desiring to speak before the Board on an appeal may speak once for up to three minutes, unless the presiding officer further limits time uniformly.
SPECIAL NOTES
Mailed notices of public hearings on appeals are sent to all parties at least five days prior to the date of hearing. In the event that a matter is continued to a specific date by the presiding officer and announced to the parties in the hearing room, no additional mailed notice will be sent. Please call the Board office at 575-6880 for scheduling or other information during regular business hours, or visit our website at www.sfgov.org/boa
Briefs are limited to twelve pages, excluding exhibits, which should be tabbed for easy reference. The complete Rules of the Board are available for review at the Board office.
Material submitted by the public for Board review prior to a scheduled hearing before the Board, should be addressed to the Board President, and be received at the Board office, 1660 Mission Street, Room 3036, no later than 4:00 p.m. the Thursday (six days) prior to the scheduled public hearing. Persons unable to attend the scheduled public hearing may submit written comments regarding a calendared item to the Board office. Comments received before noon on the day of the hearing will be made a part of the official record and will be brought to the attention of the Board at the public hearing. For complete distribution to all Commissioners of the Board, necessary staff and case files, submit an original and ten copies.
Pursuant to Government Code § 65009, if you challenge, in court, the approval of a variance or development permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Appeals at, or prior to, the public hearing.
Calendared items are sometimes withdrawn or rescheduled to a later date prior to hearing, or are taken out of order to accommodate special needs. The Board urges all parties to be present in the hearing room from 5:00 p.m. so that everyone has an opportunity to participate in the relevant public hearing when it is called.
PROHIBITION OF SOUND-PRODUCING ELECTRONIC DEVICES
The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
ACCESSIBILITY INFORMATION
American sign language interpreters and/or sound enhancement system will be available upon request by contacting Catherine Johnson at 575-6882 at least 48 hours prior to the hearing. Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call the accessibility hotline at 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals. The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets. Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F line. Accessible MUNI Metro lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142.
KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force: Adele Destro by mail to Interim Administrator, Sunshine Ordinance Task Force, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; or by e-mail at sotf@sfgov.org. Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Ms. Destro or by printing Chapter 67 of the San Francisco Administrative Code on the internet at www.sfgov.org/sunshine/.
LOBBYING ACTIVITY
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code § 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics.
SUGGESTIONS TO IMPROVE EFFICIENCY
The Board welcomes suggestions from the public regarding improvement of the efficiency of its operations. Please direct your comments and suggestions to Robert Feldman, Executive Secretary, at 415-575-6880 or fax 415-575-6885. A customer satisfaction survey form is available at the meetings, the office, and on the web site.
TAPES & TRANSCRIPTS OF MEETINGS & HEARINGS
These items are available for review at the Board's office, 1660 Mission St., Rm. 3036, front counter.
