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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, JULY 27, 2005

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:

(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:

Subject property at 901 Bush Street. Permit issued on June 3, 2005. Last day to appeal was June 20, 2005. Jurisdiction request received July 6, 2005. Letter from Daisy MacArthur & Charles Rathbone, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2005/06/03/4112. Permit Holder(s): Lantana Ltd. Project: correct City records to establish use as 38 dwelling units.

(4) APPEAL NO. 04-112

PATRICK STOREY, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL

674 - 5th Avenue. Protesting the issuance on August 9, 2004, to Lan Wong, Permit to Alter a Building (on single-family house: new emergency walkway (new deck) at the rear of the cottage on top of existing roof deck; comply with NOV No(s). 200449859; separate permit required for Nov No(s). 200451719; no work on front building). APPLICATION NO. 2004/06/02/5354. PUBLIC HEARING HELD ON 11/17/2004. FOR FURTHER CONSIDERATION TODAY. Note: On Nov. 17, 2004, the Board voted 4-0-1 (SS absent) to reschedule this case to Call of Chair so the permit holder can meet with DBI to resolve the other code violations on the subject property.

(5) APPEAL NO. 05-066

MOLI STEINERT, Appellant(s) vs. DEPARTMENT OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent	148 Bocana Street. Appealing the denial on April 2, 2005, of Permit to Remove & Replace One (1) Tree. ORDER NO. 175,251. PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY.

(6) CONSENT ITEMS (DBI PENALTY):

With the consent of the Dept. 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. 05-095

MICHAEL BRAUN, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent	239 Grant Avenue. Appeal for refund of penalty imposed on June 1, 2005, for work done without a permit (2 ADA bathrooms; remove and reinstall fixtures on 6 other bathrooms; water heater; new water system in building; relocate existing waste). PLUMBING PERMIT NO. P466500. FOR HEARING TODAY.

(7) APPEAL NO. 04-191

NEXTMEDIA GROUP INC., Appellant(s) vs. ZONING ADMINISTRATOR, Respondent Subj. Prop. Owner(s): REALTIME PROPERTIES LLC

60 Broadway Street. Appealing a determination dated November 29, 2004, addressed to Steve Atkinson at Steefel, Levitt & Weiss LLP, that the Planning Department could not accept Nextmedia's June 2002 or November 2003 applications to erect a general advertising sign at the subject property as those applications were submitted after the passage of Proposition G, and similarly, that the Planning Department cannot accept any future applications from Nextmedia for a general advertising sign at the subject property. FOR HEARING TODAY.

(8) APPEAL NO. 04-203

KEN PAGE & VINCENT LEGER, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent

21 Buena Vista East Avenue. Appealing a Permit Suspension Request dated December 14, 2004, addressed to Dept. of Building Inspection Acting Director Jim Hutchinson, requesting that all building permits at the subject property be suspended. Reasons for suspension: the Planning Dept. believes the owners have pursued a "serial permitting" strategy to effectively convert the home in question from 14 guest rooms and one dwelling unit into a single-family dwelling without proper public notification and in contradiction of the Planning Commission's actions. APPLICATION NOS. 2004/02/27/7379, 2004/02/27/7382, 2004/06/28/7501 & 2004/06/28/7503. FOR HEARING TODAY.

(9) APPEAL NO. 04-206

VIACOM OUTDOOR, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent

1111 Pennsylvania Avenue. Appealing a Notice of Violation dated December 13, 2004, addressed to Tripe A Machine Shop Inc. & Viacom Outdoor, that the general advertising sign on the subject property is taller than 25 feet, that the face of the sign is larger than 1,344sf, and that the sign faces the freeway; these conditions do not comply with approved sign application no. 2000/09/22/1332, and violate Planning Code § 607. FOR HEARING TODAY.

(10) APPEAL NO. 05-082

TIBOR VOZAR, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	643 Greenwich Street. Protesting the issuance on April 21, 2005, to Kara Parsons, Site Permit to Alter a Building (on single-family house: add two stories on top of existing two-story building). APPLICATION NO. 2002/11/27/2429S. FOR HEARING TODAY.

(11) APPEAL NO. 05-091

ELIAS HAN HAN dba "NEW POTRERO MARKET", Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent	1301 - 18th Street. Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on May 11, 2005. Reason(s) for suspension: selling tobacco products to minors. DIRECTOR'S CASE NO. 03-05-238. FOR HEARING TODAY.

(12) APPEAL NO. 05-092

ROLF KAISER, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent	758 Haight Street. Appealing a determination dated May 18, 2005, addressed to Vincent Labiano Abello, concerning the replacement of an existing legal, non-complying parking screen at the subject property. FOR HEARING TODAY.

(13) APPEAL NO. 05-094

ILYA KLEBANER, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	571 Los Palmos. Protesting the issuance on May 13, 2005, to Joyce Hendrickson & Walter Murphy, Permit to Alter a Building (on single-family house: deck at ground floor level at rear of house; paving at patio; wood deck for spa). APPLICATION NO. 2005/05/13/2319. FOR HEARING TODAY.

(14) APPEAL NO. 05-097

MARION WEIGERT, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL

472 Clipper Street. Protesting the issuance on May 20, 2005, to Cinthia Wen, Permit to Alter a Building (on two-unit residential building: revision to B.P.A. No. 2005/04/14/0051 to include installation of a new interior stair within an existing two level dwelling unit resulting in the legalization of an existing lower level; no additional dwellings proposed). APPLICATION NO. 2005/05/20/3040. FOR HEARING TODAY.

(15) APPEAL NO. 05-098

VIACOM OUTDOOR, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent	2240 Lombard Street. Appealing a determination dated May 24, 2005, addressed to Jacky Yan at Fortune America Inc. (New Subject Property Owners Simon Kwan et al.) concerning the legal status of the general advertising sign currently located on the west wall of the subject property. FOR HEARING TODAY.

ITEMS (16A) & (16B) SHALL BE HEARD TOGETHER:

(16A) APPEAL NO. 05-088

GUY CARSON, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent

744 Union Street #2. Protesting the issuance on April 28, 2005, to W.B. Coyle / North Beach Partners LLC, Permit to Alter a Building (on 6-unit apartment building: remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom). APPLICATION NO. 2005/04/28/1105. FOR HEARING TODAY.

(16B) APPEAL NO. 05-089

GUY CARSON, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent

744 Union Street #5. Protesting the issuance on April 28, 2005, to W.B. Coyle / North Beach Partners LLC, Permit to Alter a Building (on 6-unit apartment building: remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom). APPLICATION NO. 2005/04/28/1102. FOR HEARING TODAY.

ITEMS (17A) & (17B) SHALL BE HEARD TOGETHER:

(17A) APPEAL NO. 05-084

NANCY DAVIS & DONNA HITCHENS, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	464 - 30th Street. Protesting the issuance on April 26, 2005, to Janet McGee, Site Permit to Alter a Building (on single-family house: add 3rd floor; extend 1st, 2nd, and 3rd floors; add two bay windows at front). APPLICATION NO. 2004/03/10/8295S. FOR HEARING TODAY.

(17B) APPEAL NO. 05-085

MARK & JOANNE MADSEN, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	464 - 30th Street. Protesting the issuance on April 26, 2005, to Janet McGee, Site Permit to Alter a Building (on single-family house: add 3rd floor; extend 1st, 2nd, and 3rd floors; add two bay windows at front). APPLICATION NO. 2004/03/10/8295S. FOR HEARING TODAY.

ADJOURNMENT.

Note: Each item on this agenda may include the following documents: 1) Preliminary Statement of Appeal and Appellant's Brief; 2) Permit Holder's, Respondent's or Other Parties' Brief; 3) Appellant's Reply; 4) Departmental 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: July 21^st, 2005

MEMBERS OF THE BOARD OF APPEALS

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

Transcripts of hearings may be obtained from the Official Court Reporter, Claudine Woeber. Please telephone 415-506-0430 for information.

Audiotapes of meetings may be obtained from the Board office. Please telephone 415-575-6880 for information.

Videotapes of meetings may be obtained from SFGTV, Channel 26. Please telephone 415-554-4188 for information.

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 St., Rm. 3036, front counter.