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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, SEPTEMBER 19, 2007
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) COMMMISSIONERS COMMENTS & QUESTIONS:
(3) SPECIAL ITEM:
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Presentation of City Attorney opinion regarding legal requirements for removal of Board members and Department Head for the Board of Appeals.
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(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 4120 – 23rd Street. Permit issued on September 23, 2005. Last day to appeal was October 11, 2005. Jurisdiction request received on September 29, 2006. Letter from Robert Call, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2002/02/25/9972. Project: horizontal addition to rear of building; construct a new garage at street level. Permit Holder: Darryl Leung.
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(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1675 – 11th Avenue. Permit issued on February 1, 2007. Last day to appeal was February 16, 2007. Jurisdiction request received May 4, 2007. Letter from Rose Tom-Tsai, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2004/06/15/6478S. Permit Holder: James Chan. Project: horizontal and vertical addition while adding 2nd dwelling unit.
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(4c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1675 – 11th Avenue. Permit issued on March 14, 2007. Last day to appeal was March 29, 2007. Jurisdiction request received June 7, 2007. Letter from Rose Tom-Tsai, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/03/14/6243. Permit Holder: James Chan. Project: revise egress stairs at rear per plans under BPA No. 2004/06/15/6478S.
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(4d) REHEARING REQUEST:
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Subject property at 1039 Ocean Avenue. Letter from Roy Lam, appellant, requesting rehearing of Appeal No. 07-059, Lam dba “Quickly” vs. ZA, decided July 18, 2007. At that time, upon motion by Commissioner Haaland, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the Notice of Violation which states that the “Quickly” establishment at the subject property has not procured proper Planning Dept. authorization, in violation of Planning Code § 711.44.
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(4e) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 43D Dearborn Street. Permit issued on April 2, 2007. Last day to appeal was April 17, 2007. Jurisdiction request received on August 28, 2007. Letter from Sabrine Rodems & Koorosh Afshari, requestors, asking that the Board take jurisdiction over Building Permit Application No. 2007/04/02/7858. Permit Holders: Enrico & Emilia Martin. Project: remove illegal unit, kitchen and bath; cap utilities at source.
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(4f) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 20 Villa Terrace. Permits issued on July 16, July 18, and July 19, 2007. Last day to appeal was July 31, August 2, and August 3, 2007, respectively. Jurisdiction requests received August 17, 2007. Letter from George Gomes, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/07/16/6810, Plumbing Permit No. PP2007/07/18/670, and Electrical Permit No. E2007/07/19/9821. Permit Holder: Peter Quintana. Project: removal of illegal unit; convert back to legal storage (building permit); demolish plumbing in illegal unit (plumbing permit); and remove wiring installed illegally in basement, and install subload center (electrical permit).
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(4g) SPECIAL ITEM / JURISDICTION REQUEST:
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Subject property at 943 Church Street. Partial suspension of permit effective on June 22, 2007. Last day to appeal was July 9, 2007. Jurisdiction request received on July 17, 2007. Letter from Kevin Cheng and Todd Mavis, requestors, asking that the Board take jurisdiction over the partial suspension of BPA No. 2005/06/14/5053 by the Dept. of Building Inspection at the request of the Zoning Administrator. Project: new vertical addition to single-family dwelling; create one new unit; and remodel unit. Note: On Aug. 1, 2007, the Board voted 3-1-1 to grant the jurisdiction request; four votes being required to grant jurisdiction, the request was denied. Public hearing closed; public comment limited to issues concerning recission: a) discussion and possible action to rescind vote on jurisdiction request taken August 1, 2007 due to Commissioners' error; and (b) discussion and possible vote on whether to grant jurisdiction request to allow late filing of appeal. Further Note: If this jurisdiction request is granted, then Item 5, Appeal No. 07-155, Cheng & Mavis vs. DBI, may be heard on the merits.
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(5) APPEAL NO. 07-155
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KEVIN CHENG & TODD MAVIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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943 Church Street.
Appealing the partial suspension on June 22, 2007, of Building Permit Application No. 2005/06/14/5053 by the Dept. of Building Inspection at the request of the Zoning Administrator. Project: new vertical addition to single-family dwelling; create one new unit; and remodel unit.
FOR HEARING TODAY ONLY IF JURISDICTION IS GRANTED IN ITEM 4G.
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(6) APPEAL NO. 07-067
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KAWBHC LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3099 – 22nd Street.
Appealing a Letter of Determination dated April 24, 2007, addressed to Kathleen Welch, regarding a Notice of Special Restrictions (NSR) for the proposed new construction at the subject property and those adjacent lots that were originally formed from lot 034A.
PUBLIC HEARING HELD & CLOSED ON AUGUST 1, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued in order to allow Commissioner Albright to participate in the final vote.
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(7) APPEAL NO. 07-063
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JUAN ESCOBAR
dba “GE TOWING”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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No specific subject property.
Appealing the revocation on April 19, 2007, of Tow Car Firm Permit (P51).
FOR HEARING TODAY.
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(8) APPEAL NO. 07-118
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SAN FRANCISCO
STERN GROVE COURT HOA, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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2790 – 19th Avenue.
Appealing the denial on July 1, 2007, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 176,956.
FOR HEARING TODAY.
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(9) APPEAL NO. 07-095
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ELVA ZEPEDA
& GRACIELA CUBAS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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3225 – 23rd Street.
Protesting the issuance on June 5, 2007, to Victor Meneses, Permit to Alter a Building (on four-unit building: remove studio on ground floor [illegal]; return back to garage; comply with NOV No. 200799376).
APPLICATION NO. 2007/06/05/3046.
FOR HEARING TODAY.
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(10) APPEAL NO. 07-096
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DOUGLAS YEP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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951 Monterey Boulevard.
Protesting the issuance on May 30, 2007, to Tina John, Permit to Alter a Building (on single-family house: kitchen remodel; wall and door alterations for basement office; wall and mechanical alteration for basement laundry; deck addition).
APPLICATION NO. 2007/05/30/2553.
FOR HEARING TODAY.
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(11) APPEAL NO. 07-101
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DYNAMIC ACUPUNCTURE
ACUPRESSURE CLINIC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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266 Sutter Street, 5th Floor.
Appealing a Notice of Violation dated June 6, 2007, addressed to Shek Kam Fai, regarding the establishment of a non-authorized massage establishment at the subject property.
FOR HEARING TODAY.
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ITEMS (12A) & (12B) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 07-105
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MAUREEN KENNEY
& ROGER MWAMBA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1536 Pacific Avenue.
Protesting the issuance on June 11, 2007, to Mary Tom, Permit to Demolish a Building (one-story auto repair shop with 5,300sf of ground floor area).
APPLICATION NO. 2004/12/02/0513.
FOR HEARING TODAY.
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(12B) APPEAL NO. 07-106
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MAUREEN KENNEY
& ROGER MWAMBA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1536 Pacific Avenue.
Protesting the issuance on June 11, 2007, to Mary Tom, Permit to Erect a Building (four-story, six-unit residential/commercial building with 5,300sf of ground floor area).
APPLICATION NO. 2004/12/02/0517.
FOR HEARING TODAY.
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(13) APPEAL NO. 07-134
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SUSAN LALLY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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376 Eureka Street.
Protesting the issuance on July 25, 2007, to Kristina Baker, Site Permit to Alter a Building (on single-family house: remove roof and some walls; raise foundation; construct vertical and horizontal addition).
APPLICATION NO. 2005/08/30/1650S.
FOR HEARING TODAY.
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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: September 13, 2007
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MEMBERS OF THE BOARD OF APPEALS
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RANDALL KNOX
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PRESIDENT
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MICHAEL GARCIA
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VICE PRESIDENT
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KATHARINE ALBRIGHT
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COMMISSIONER
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FRANK FUNG
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COMMISSIONER
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ROBERT HAALAND
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COMMISSIONER
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EASTELLER BRUIHL - OFFICIAL COURT REPORTER – TEL: 415.348.0050– FAX: 415.348.0077 –THE PRESIDING OFFICER WILL CALL A RECESS AT 6:30 PM AND 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, and on our website.
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 Victor Pacheco at 575-6880 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: Frank Darby by mail to 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 Mr. Darby 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.
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.
