2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JULY 20, 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) ADOPTION OF FINDINGS:
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Subject property at 837-839 Hayes Street. Appeal No(s). 05-028, Cousins vs. DBI, decided May 18, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the denial and grant the permit with findings to be adopted at a later date. Project: correct the record to reflect two legal existing units; no work proposed.
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(3B) REHEARING REQUEST(S):
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Subject property at 498 Beach Street. Letter from Ulysses Napuri, appellant(s), requesting rehearing of Appeal No(s). 03-154, Napuri vs. DPW BSM, decided June 8, 2005. At that time, upon motion by President Sugaya, the Board voted 3-2 (Commissioners Fung and Knox dissented) to overrule the denial by the Dept. of Public Works, and grant the Sidewalk Display Merchandise Permit. Four votes being required to overrule a departmental action under Charter § 4.106, the denial of the subject permit was upheld.
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(3C) REHEARING REQUEST(S):
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Subject property at 1740 Filbert Street. Letter from Amy McDougall, appellant(s), requesting rehearing of Appeal No(s). 05-064/065, McDougall vs. DBI, PDD, decided June 8, 2005. At that time, upon motion by Commissioner Saunders, the Board voted 5-0 to uphold the denial of both permits by the Planning Department. Project, 1st permit: demolish a single-story building with 320sf of ground floor area, BPA No. 2004/12/02/0582. Project, 2nd permit: construction of a 4-story single-family dwelling with 1,224sf of ground floor area, BPA No. 2004/12/02/0571S.
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(3D) REHEARING REQUEST(S):
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Subject property at 2650-2652 Hyde Street. Letter from Stephen Williams, attorney for Ellen Tsang and Arza Trust, appellant(s), requesting rehearing of Appeal No(s). 04-182 & 05-057, Tsang vs. DBI, PDA and Arza Trust vs. DBI, PDA, decided June 8, 2005. At that time, upon motion by Commissioner Fung, the Board voted 5-0 to uphold both permits. Permit Holder(s): Douglas Greenwood and Craig Greenwood. Project, 1st permit: on a two-unit building, rehabilitation of deck and staircase, BPA No. 2004/11/18/9555. Project, 2nd permit: on two-unit building, raise existing guardrail at rear deck at 3rd floor to +36" above existing deck; confirm and replace any dry rot at deck boards in field and replace no more than 40%; legalize existing roof deck at 3rd floor; per NOV; BPA No. 2005/03/08/6970.
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(3E) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1314-1316 - 7th Avenue. Variance denied on December 9, 2004. Last day to appeal was December 20, 2004. Jurisdiction request received on March 3, 2005. Letter from Jeremy Paul, agent for Stanley Anastasio, requestor(s), asking that the Board take jurisdiction over variance decision 2004.0408V. Project: proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard. Note: if this jurisdiction request is granted, then Appeal No(s). V04-199, filed on Dec. 21, 2005 and accepted in error one-day late by Board staff, may proceed to a hearing on the merits.
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(4) APPEAL NO. V04-199
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STANLEY ANASTASIO, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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1314-1316 - 7th Avenue.
Appealing the denial on December 9, 2004, of Rear Yard Variance (proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard).
VARIANCE CASE NO. 2004.0408V.
FOR HEARING TODAY IF JURISDICTION REQUEST ABOVE IS GRANTED.
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ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 03-057
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RICHARD PETROCCHI, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: KENDALL GOH
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111 Manchester Street.
Appealing the denial on April 14, 2003, of Permit to Demolish a Building (2-story single-family dwelling with 800sf of ground floor area).
APPLICATION NO. 2002/04/22/4580.
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(5B) APPEAL NO. 03-084
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RICHARD PETROCCHI, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: KENDALL GOH
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111 Manchester Street.
Appealing the denial on April 14, 2003, of Site Permit to Erect a Building (3-story single family dwelling with 800sf of ground floor area).
APPLICATION NO. 2002/04/22/4585S.
Note: Pursuant to Superior Court Case No(s). CPF-03-503646, Bernal Heights Preservation and Kendall Goh vs. City & County of San Francisco et al., the Board of Appeals is required to set aside its decision of June 11, 2003 granting the above permits. Once the June 11, 2003 decision is set aside, the successor in interest to the project sponsor requests the Board to accept his withdrawal of the original appeals.
FOR FURTHER CONSIDERATION TODAY.
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(6) APPEAL NO. 04-155
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ZHANG PING GAO dba
"LOTUS FLOWER HEALTH CENTER",
Appellant(s)
ZONING ADMINISTRATOR, Respondent
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3800 Noriega St. / 1789 - 45th Ave.
Appealing a Health Permit Zoning Referral (Acupuncture, Acupressure & Massage) dated October 4, 2004, addressed to Zhang Ping Gao, that Planning Code § 710.51 prohibits the use of a second floor in an NC-1 (Neighborhood Commercial) zoning district for a medical-related business purpose, and that Planning Code § 204 only allows a massage business in an NC-1 zoning district as a secondary use on the premises, which has another primary permitted use.
PUBLIC HEARING HELD & CLOSED ON APRIL 13, 2005. FOR FURTHER CONSIDERATION TODAY.
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(7) APPEAL NO. 05-083
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VERIZON WIRELESS, Appellant(s)
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
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No specific subject property.
Appealing the denial on April 25, 2005, of a Utility Conditions Permit.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-116
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JOHN BRENNAN, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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1420 Haight Street.
Appealing a determination dated August 17, 2004, addressed to Matthew Brennan (Subject Property Owner Mehran Ismaili), that the notification and hearing for Conditional Use (CU) Motion No. 16593, which adds 2,300sf of retail space to the existing 3,300sf shoe store at the subject property, was properly performed, and thus it is not necessary to halt construction as authorized under CU Motion.
FOR HEARING TODAY.
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(9) APPEAL NO. V04-204
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ELIZABETH FREITAS, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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1915 Diamond Street.
Appealing the denial on December 16, 2004, of Minimum Lot Area & Rear Yard Variances (proposal is to subdivide an existing through lot of approximately 4,322sf in area into two separate lots).
VARIANCE CASE NO. 2004.1108V.
FOR HEARING TODAY.
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(10) APPEAL NO. 05-081
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LAURENCE BERG,
SANDRA STRINGER, MAURISA THIGPEN,
& JOERG WESTERMANN, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2889 - 24th Street.
Protesting the issuance on April 22, 2005, to Mike Boschetto, Permit to Demolish a Building (single-story pool hall / restaurant with 3,233sf of ground floor area).
APPLICATION NO. 2003/03/25/0620.
FOR HEARING TODAY.
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ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 05-088
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GUY CARSON, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
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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.
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(11B) APPEAL NO. 05-089
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GUY CARSON, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
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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.
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(12) APPEAL NO. 05-090
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FRANK & LYNN EHRET, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2404 Broadway.
Protesting the issuance on May 2, 2005, to Dean Cash, Site Permit to Alter a Building (on single-family house: major renovation and façade alteration except the front façade; front façade to remain similar to original façade; fire sprinkler under separate permit).
APPLICATION NO. 2004/04/08/0804S.
FOR HEARING TODAY.
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ITEMS (13A) & (13B) SHALL BE HEARD TOGETHER:
(13A) APPEAL NO. 05-084
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NANCY DAVIS
& DONNA HITCHENS, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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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.
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(13B) APPEAL NO. 05-085
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MARK & JOANNE MADSEN, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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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.
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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: July 14th, 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
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.
