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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, FEBRUARY 15, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
NOTE: ITEM 1 (CLOSED SESSION) SHALL BEGIN EARLY AT 4:30PM:
(1) CLOSED SESSION FOR PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
A. Public comment on all matters pertaining to this closed session.
B. Closed session. Routine performance evaluation of Executive Secretary, Robert Feldman (CA Gov't Code § 54957 and SF Admin Code § 67.10 ).
C. Open session. Reconvene in open session. Motion and vote whether to exercise discretion either (1) not to disclose or (2) to disclose any non-confidential portion of the closed session discussion (SF Admin Code § 67.12(a)).
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(2) 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.
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(3) COMMISSIONERS COMMENTS & QUESTIONS:
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
Subject property at 1420 Haight Street. Letter from Mark Brennan, attorney for John Brennan, appellant, requesting rehearing of Appeal No. V05-175, Brennan vs. ZA, decided Jan. 18, 2006. At that time, upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject variance with adoption of the Zoning Administrator’s findings. Variance Holder: Mehran Esmaili. Project: Rear Yard & Non-Complying Structure Variances (stair penthouse and elevator mechanical equipment constructed without permits at the rear of the roof of the subject building); Variance Case No. 2004.1203V.
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(4b) REHEARING REQUEST:
Subject property at 2646-2648 Hyde Street. Letter from Stephen Williams, attorney for Arza Trust, appellant, requesting rehearing of Appeal No. 05-193, Arza Trust vs. DBI, PDA, DECIDED Jan. 18, 2006. At that time, upon motion by Commissioner Knox, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject permit. Permit Holder: Marla McGowan. Project: on 2 –unit building, replace stairs at rear of building – in kind, B.P.A. No. 2005/07/15/7691.
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(5) APPEAL NO. 05-138
FALKO STRUNZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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121 Shotwell Street.
Protesting the issuance on July 26, 2005, to George Quellette, Permit to Alter a Building (on 6-unit apartment building: remove illegal occupancy in basement per NOV; remove illegal plumbing work; remove illegal electrical work).
APPLICATION NO. 2005/07/26/8665.
PUBLIC HEARING HELD & CLOSED ON SEPT. 21, 2005. Note: Matter continued to allow time for appellant to relocate, and with DBI to conduct a site visit for imminent life/safety issues.
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(6) APPEAL NO. 06-001
TARA HOUSMAN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on October 4, 2005, of Driver of Public Passenger Vehicle for Hire Permit (P44) due to non-payment of fees.
PERMIT (A-CARD) NO. 068767.
JURISDICTION GRANTED DEC. 14, 2005.
FOR HEARING TODAY.
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(7) APPEAL NO. 05-214
KHALED ABDOROBINHE
dba “BARAH DELI
& GROCERY MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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200 Leavenworth Street.
Appealing a 10-day suspension of a Tobacco Product Sales Establishment Permit, imposed on December 14, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-461.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-019
OCEAN PARC VILLAGE
HOMEOWNER’S ASSOCATION, Appellant(s)
vs.
PLANNING DEPARTMENT, Respondent
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730 Great Highway.
Protesting the issuance on March 8, 2004, to Tom and Breda MacDonald & KTH LLC, Coastal Zone Permit Authorization (proposal is to construct a new 3-story, 4-unit building approximately 32 feet in height on a vacant lot).
CASE NO. 2003.1009P.
FOR HEARING TODAY.
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(9) APPEAL NO. 05-202
JOHN TYNAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1960, 1980-1998 Golden Gate Avenue.
Protesting the issuance on November 23, 2005, to Prana Eight Properties LLC, Permit to Alter a Building (on 12-unit apt. building: response to NOV No. 200338880; remove 2 illegal ground floor dwelling units; remove defective bathroom on 1st floor; remove existing defective rear exit stair and deck; provide new required exit with fire-escape per “local equivalency”; provide new kitchen and bathroom for existing 4th floor apartments).
APPLICATION NO. 2003/12/02/1446.
FOR HEARING TODAY.
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(10) APPEAL NO. 05-212
AMIR ZAVIEH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2124 Hyde Street.
Protesting the issuance on December 9, 2005, to B.F. Herman, Permit to Alter a Building (on 7-unit apartment building: remodel kitchen in unit nos. 1,4,5 and 6; replace cabinets and counters; no structural work; comply with NOV no. 200564773).
APPLICATION NO. 2005/12/09/9928.
FOR HEARING TODAY.
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(11) APPEAL NO. 05-216
IVAN ABESHAUS, WENDY OSBOURNE,
JONATHAN KONNAN, NICOLE MAJORS,
WHITNEY SMITH, CARMEN CORDOVEZ,
KILLIAN O’SULLIVAN, & LAUREN HALL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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32 Cunningham Place.
Protesting the issuance on December 16, 2005, to Eric Neplokh, Permit to Alter a Building (on 2-unit building: install roof deck at 2nd floor at rear of building).
APPLICATION NO. 2005/12/16/0525.
FOR HEARING TODAY.
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(12) APPEAL NO. 06-002
GAETANO ZANELLI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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60 Clarendon Avenue.
Protesting the issuance on December 20, 2005, to Tom McGrath, Site Permit to Erect a Building (4-story single-family house).
APPLICATION NO. 2004/04/22/2053S.
FOR HEARING TODAY.
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ITEMS (13A) & (13B) SHALL BE HEARD TOGETHER:
(13A) APPEAL NO. 06-003
JOYCE BOOK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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785 San Bruno Avenue.
Protesting the issuance on December 20, 2005, to Joseph Bradford, Permit to Demolish a Building (one-story, single-family house with 560sf of ground floor area).
APPLICATION NO. 2003/10/29/8851.
FOR HEARING TODAY.
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(13B) APPEAL NO. 06-004
JOYCE BOOK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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785 San Bruno Avenue.
Protesting the issuance on December 20, 2005, to Joseph Bradford, Site Permit to Erect a Building (3-story, 2-unit residential building with 1,250sf of ground floor area).
APPLICATION NO. 2003/10/29/8854S.
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: February 9, 2006
MEMBERS OF THE BOARD OF APPEALS
FRANK FUNG PRESIDENT
RANDALL KNOX VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
MICHAEL GARCIA COMMISSIONER
HISASHI B. SUGAYA COMMISSIONER
CLAUDINE WOEBER - OFFICIAL COURT REPORTER – TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net. 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 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.
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.