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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JULY 19, 2006
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) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 4201-4211 Judah Street. Letter from Andrew Zacks, attorney for Bhazubai Patel, Appellant, requesting rehearing of Appeal No(s). 97-165, Patel vs. ZA, decided Feb. 18, 1998. Upon motion by Commissioner Salgado, the Board voted 1-4 (President Cullum, Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to uphold the subject determination. Two votes are needed to uphold a departmental action, and thus the motion failed. Afterwards, upon motion by Commissioner Schwartz, the Board voted 3-2 (President Cullum and Commissioner Salgado dissented) to overrule the subject determination. Four votes being necessary to overturn any departmental action, the motion failed, and thus the subject determination was upheld. Then, on April 1, 1998, the Board considered the request for rehearing by the appellant. At that time, upon motion by Commissioner Salgado, the Board voted 2-3 (Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to deny the request for rehearing. Afterwards, upon motion by Vice President McInerney, the Board voted 3-2 to continue the matter to await action by the Superior Court. Note: This matter was returned to the Call of the Chair at the request of both parties in October, 2002.
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(3b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 60 Entrada Court. Permit issued on May 1, 2006. Last day to appeal was May 16, 2006. Jurisdiction request received on June 26, 2006. Letter from Hayes Miles, requestor, asking that the Board take jurisdiction over Building Permit Application No(s). 2004/07/12/8482. Permit Holder(s): James Carlin. Project: on single family house, kitchen remodel and rear addition.
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(3c) REHEARING REQUEST:
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Subject property at 1736-1740 Filbert Street. Letter from Amy McDougall, appellant, requesting rehearing of Appeal No. V06-066, McDougall vs. ZA, decided June 21, 2006. At that time, upon motion by President Fung, the Board voted 5-0 to uphold the variance on condition that the roof assembly be changed to a 1-hour roof assembly so as to reduce the parapet to a curb of minimum height. Project: proposal is to construct a new 3-story over 3-car garage, single-family building at the front of the lot; variance case no. 2005.0746V.
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(4) APPEAL NO. 06-038
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MICHAEL PATEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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432 Geary Street.
Appealing the denial on August 9, 2005, of Permit to Erect a Sign (non-electric, wall, single-faced, painted wall, 30’ X 59’, with 1,770sf of total surface area).
APPLICATION NO. 2002/02/01/8317.
JURISDICTION GRANTED MARCH 1, 2006.
FOR HEARING TODAY.
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(5) APPEAL NO. V06-079
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RICHARD GARVIN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1043-1045 Francisco Street.
Protesting the granting on May 12, 2006, to John Chiatello, Rear Yard Variance (construction of a one-story horizontal addition over existing one-story extension at the rear of the building, of which a 3 foot portion would be within the required rear yard).
VARIANCE CASE NO. 2005.0032DV.
FOR HEARING TODAY.
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(6) APPEAL NO. VO6-081
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SUSAN MUKAEDA
& CRAIG STEINMAUS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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585 Kansas Street.
Appealing the conditions placed on a Parking Variance, granted on May 10, 2006, to Susan Mukaeda (legalization of a previously existing illegal in-law unit on the ground floor of an existing one-family dwelling without providing the required off-street parking space).
VARIANCE CASE NO. 2006.0140V.
FOR HEARING TODAY.
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(7) APPEAL NO. 06-083
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ROSS WILKINSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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515-695 John Muir Drive.
Protesting the issuance on May 10, 2006, to Delaware Lakewood LLC, Permit to Alter a Building (on 720-unit apartment complex: revision to BPA No. 2006/02/22/5138; total of 480 exhaust fan units to be installed throughout complex).
APPLICATION NO. 2006/05/10/1214.
FOR HEARING TODAY.
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(8) NOTE:
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After adjournment, the Board will be gathering to treat out-going Commissioner Hisashi Sugaya to dinner at Soluna Restaurant at 82 McAllister Street . This is a social event, and no business shall be discussed nor action taken. As required by the Sunshine Ordinance, members of the public may observe the dinner at no cost.
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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 13, 2006
MEMBERS OF THE BOARD OF APPEALS
FRANK FUNG PRESIDENT
RANDALL KNOX VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
MICHAEL GARCIA COMMISSIONER
ROBERT HAALAND 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 officialrecord 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: 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.
