2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, APRIL 13, 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) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1401-1409 Castro Street. Permit issued on August 2, 2004. Last day to appeal was August 17, 2004. Jurisdiction request received February 14, 2005. Letter from Eric McFarland, attorney for Chloe Alexander, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/08/02/0401. Project: on apartment building with commercial, storage room into laundry room at ground floor. Permit Holder(s): Isa Muhawieh.
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(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1401-1409 Castro Street. Revised letter of determination issued on October 20, 2004. Last day to appeal was November 4, 2004. Jurisdiction request received February 14, 2005. Letter from Eric McFarland, attorney for Chloe Alexander, requestor(s), asking that the Board take jurisdiction over a Zoning Administrator letter of determination which states that the legal use of the units on the subject property is as follows: one personal services commercial use on the ground floor of the main building (1401 Castro St.), one legal dwelling unit on the second floor of the main building (395 Jersey St.), and one legal dwelling unit in the small building or cottage at the rear of the property fronting Castro Street (1409 Castro Street); and that the permit history for the subject property is limited and provides no clear evidence that the space at 1401 Castro Street was legally subdivided to create 1403 Castro Street with a dwelling unit contained therein. Subject Property Owner(s): Isa Muhawieh.
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(3C) REHEARING REQUEST:
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Subject property at 1401-1409 Castro Street. Letter from Eric McFarland, attorney for Mitchell Schoenbrun, appellant(s), requesting rehearing of Appeal No(s). 04-105, Schoenbrun vs. DBI, decided Feb. 2, 2005. At that time, upon motion by Commissioner Knox, the Board voted 4-0 to uphold the subject permit. Project: on apartment building with commercial, storage room into laundry room at ground floor. Permit Holder(s): Isa Muhawieh.
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(3D) REHEARING REQUEST:
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Subject property at 1401-1409 Castro Street. Letter from Eric McFarland, attorney for Mitchell Schoenbrun, appellant(s), requesting rehearing of Appeal No(s). 04-166, Schoenbrun vs. ZA, decided Feb. 2, 2005. At that time, upon motion by Commissioner Knox, the Board voted 4-0 to uphold the subject determination (as described in Item 3D). Subject Property Owner(s): Isa Muhawieh.
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(3E) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 567 Sanchez Street. Permit issued on October 29, 2004. Last day to appeal was November 15, 2004. Jurisdiction request received on March 31, 2005. Letter from Gerard Chang, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2002/07/31/2759. Permit Holder: Ed Hardy. Project: construction of 3-story single-family house with 1,168sf of ground floor area.
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(3F) ADOPTION OF FINDINGS:
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Subject property at 1234-1268 Grant Avenue. Appeal No(s). 04-183, Wong vs. DBI, PDA, decided January 19, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the subject permit on condition that a Notice of Special Restrictions (NSR) be recorded on the land records. Permit Holder: Chris Foley. Project: non-load bearing partitions on 1st and 2nd floors.
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(3G) REHEARING REQUEST:
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Subject property at 454 – 17th Avenue. Letter from Esther Lau, appellant(s), requesting rehearing of Appeal No(s). 04-147 & 04-174, decided Feb. 16, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0 to uphold both permits on condition that the permit holder acoustically treat the bathrooms for appropriate sound isolation as required for new condominiums under the Building Code. Project: 1st permit, on single-family house, master bath addition; bathroom renovation on 3rd floor to comply with NOV No. 200453961. Project: 2nd permit, on single-family house, dry rot framing and siding repair, refer to Building Permit Application No. 2004/10/01/5795 and NOV No. 200455119. Permit Holder(s): Curt Sigfstead & Lara Witter.
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(3H) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 438 Clementina Street. Permit issued on September 17, 2004. Last day to appeal was October 4, 2004. Jurisdiction request received on March 18, 2005. Letter from Allison & Thomas Kohler, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2000/11/29/6742S. Permit Holder(s): Raul Arriaza. Project: construction of 6-story, 20-unit residential/commercial building with 5,625sf of ground floor area.
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(4) APPEAL NO. 04-035
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CRYSTAL LEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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337 – 28th Avenue.
Appealing the suspension on April 23, 2004, of Building Permit Application No(s). 2003/04/15/2287, 2003/07/15/9528, & 2003/05/27/5515. Reason(s) for suspension: the scope of work and building information described on the building permit applications and approved plans does not reflect the actual condition and legal use of the building.
PUBLIC HEARING HELD AUG. 18, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(5) APPEAL NO. 04-075
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MICHAEL RABBITT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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141 Willard Street North.
Appealing the denial on July 8, 2004 of Permit to Erect a Building (4-story, 2-unit building with 1,862sf of ground floor area).
APPLICATION NO. 2003/05/22/5280S.
FOR HEARING TODAY.
Note: On December 8, 2004, the Board voted 5-0 to overrule the Planning Commission’s denial of the demolition permit, and grant the demolition permit on condition that it be held in abeyance until the permit for the replacement structure is approved, and with a finding that a soundness report has been submitted which meets the 50 percent rule under the Planning Commission’s residential demolition guidelines.
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(6) APPEAL NO. 04-192
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JOANNE & DENIS DRISCOLL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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111 Country Club Drive.
Protesting the issuance on December 2, 2004, to Joe & Maria Bonkowski, Site Permit to Alter a Building (on single-family house: demolish existing 1st floor roof; add a 600sf 2nd floor addition over part of existing 1st floor; addition will include 2 bedrooms and 1 bathroom).
APPLICATION NO. 2003/08/08/1594S.
NOTE: PUBLIC HEARING HELD & CLOSED MARCH 9, 2005. CONTINUED FOR LACK OF QUORUM. FOR FURTHER CONSIDERATION TODAY.
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(7) APPEAL NO. V05-016
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SEAN WHELAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1520-1530 Larkin Street.
Appealing the denial on January 19, 2005, of Lot Size Variance (split the existing lot, which measures 40’ wide and 133’ deep and contains one 6-unit building, into two lots that would each be less than 25’ wide; each lot would contain one 3-unit building).
VARIANCE CASE NO. 2004.0679V.
NOTE: PUBLIC HEARING HELD & CLOSED MARCH 30, 2005. BOARD INDICATED INTENTION TO OVERRULE DENIAL OF VARIANCE. FOR FURTHER CONSIDERATION & ADOPTION OF FINDINGS TODAY.
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(8) APPEAL NO. 04-155
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ZHANG PING GAO dba
“LOTUS FLOWER HEALTH CENTER”,
Appellant(s)
vs.
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.
FOR HEARING TODAY.
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(9) APPEAL NO. 04-160
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BUSH & OCTAVIA REALTY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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1801 Bush Street.
Appealing the denial on October 6, 2004, of Permit to Erect a Sign (6’ X 4’ sign, 8” thick, 120lbs in weight, with 24sf of total surface area, and 20sf of advertising space).
APPLICATION NO. 2004/06/08/5834.
FOR HEARING TODAY.
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(10) APPEAL NO. 04-173
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LEUNG TO CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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323 – 26th Avenue.
Appealing a Notice of Decision by Dept. of Building Inspection Acting Director Jim Hutchinson, dated November 5, 2004, addressed to Leung to Chow and Chris Moscone, which states that an unlawful residential demolition has taken place at the subject property within the meaning of San Francisco Building Code §§ 103.3, 103.3.1, and 103.3.2, that Building Permit Application No(s). 2002/03/11/1078S1-5 & 2004/05/18/4138 are hereby revoked, and that a 5-year moratorium on the issuance of building permits is hereby imposed pursuant to San Francisco Building Code § 103.3.1.
FOR HEARING TODAY.
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ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 04-186
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ARKADY PIKOVSKY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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261 – 26th Avenue.
Appealing the denial on December 8, 2004, of Permit to Demolish a Building (2-story, 2-unit residential building with 1,163sf of ground floor area).
APPLICATION NO. 2003/01/10/4988.
FOR HEARING TODAY.
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(11B) APPEAL NO. 04-187
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ARKADY PIKOVSKY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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261 – 26th Avenue.
Appealing the denial on December 8, 2004, of Site Permit to Erect a Building (4-story, 3-unit residential building with 2,070sf of ground floor area).
APPLICATION NO. 2003/01/10/4991S.
FOR HEARING TODAY.
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(12) APPEAL NO. 04-188
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PETER OVERMIRE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subj. Prop. Owner(s): ROBERT MAHONEY
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22 Alta Street.
Protesting a determination dated November 29, 2004, addressed to Alice Barkley at Luce Forward LLP, that since the Certificate of Appropriateness pursuant to Planning Commission Motion No. 16086 is predicated on a specific permit (Building Permit Application No. 9710066S), and since this permit is still valid, then the Certificate of Appropriateness is still valid.
FOR HEARING TODAY.
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(13) APPEAL NO. V04-193
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CAROL & DENNIS HAMBY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1400 – 1402 Cole Street.
Protesting the granting on December 6, 2004, to Edward Morris (Subject Property Owners Adel Mohammed Shalabi & Laura Fiene), Rear Yard, Usable Open Space & Non-complying Structure Variances (proposal is to construct a 3rd floor addition containing a dwelling unit on a 2-story mixed-use (single-family residential over ground floor commercial) building.
VARIANCE CASE NO. 2003.0639V.
FOR HEARING TODAY.
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(14) APPEAL NO. 04-205
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JIM BUKER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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515 Vermont Street.
Protesting the issuance on December 13, 2004, to Nick Wemyss, Permit to Alter a Building (on single-family house: add roof deck over existing roof; change existing window to sliding door on 2nd floor).
APPLICATION NO. 2004/12/13/1237.
FOR HEARING TODAY.
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(15) APPEAL NO. 04-206
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VIACOM OUTDOOR, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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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 in height, that the face of the sign is larger than 1,344sf in size, and that the sign faces the freeway; these conditions do not comply with approved sign application no. 2000/09/22/1332, which in turn violates Planning Code § 174.
FOR HEARING TODAY.
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(16) APPEAL NO. 05-001
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DARRAGH KENNEDY
& YVONNE CURLEY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1185 Valencia Street.
Protesting the issuance on December 23, 2004, to Brenden Robinson, Site Permit to Alter a Building (on 2-unit residential building: raise building approximately 22” to put in new 2-car garage and extra room down for lower unit (internal stair will be provided); plumbing, electrical and mechanical upgrades).
APPLICATION NO. 2004/02/12/6237S.
FOR HEARING TODAY.
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(17) APPEAL NO. 05-004
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L-J SF INVESTMENTS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1635 California Street.
Appealing a determination dated December 23, 2004, addressed to Leo Cassidy, that since a building permit has already been issued for the project (7-story building with 36 dwelling units, ground floor retail or commercial space of up to 4,950sf, and 2 floors of underground parking with up to 53 off-street parking spaces), the in-lieu fee option under Planning Code §315.6 is no longer available for this project, and that the required affordable units must either be provided on-site or off-site as set forth under Planning Code § 315.
APPLICATION NO.
FOR HEARING TODAY.
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(18) APPEAL NO. 05-008
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WALTER FINCH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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555 Buena Vista West.
Appealing the denial on Jan. 18, 2005, of Permit to Alter a Building (on 41-unit apartment building: window replacement, remainder of all units; all sides except non-weather exposed front of building).
APPLICATION NO. 2004/09/20/4587.
FOR HEARING TODAY.
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(19) APPEAL NO. V05-010
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DANIEL SILVIA
& THOMAS CHEEK, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3775 – 21st Street.
Protesting the granting on January 10, 2005, to Wessel Associates (Dewey Tong Revocable Trust & Keith Grenzeback, Subject Property Owners), Front Setback & Rear Yard Variances (construction of a 3rd story vertical addition at the existing 2-story single-family dwelling).
VARIANCE CASE NO. 2004.0466V.
FOR HEARING TODAY.
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(20) APPEAL NO. 05-034
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LINA RADAVERO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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1695 – 25th Avenue.
Protesting the issuance on February 22, 2005, to Donna & Henry Jung, Site Permit to Alter a Building (on 2-unit building: 3rd floor addition).
APPLICATION NO. 2003/10/16/7721S.
FOR HEARING TODAY.
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ADJOURNMENT.
Note: Each item on this agenda may include the following documents: 1) Appellant's Preliminary Statement of Appeal and Brief; 2) Permit holder's, Respondent’s or Other Parties’ Brief; 3) Appellant’s Reply; 4) Department 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: April 7th, 2005
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA ACTING PRESIDENT
SABRINA N. SAUNDERS ACTING VICE PRESIDENT
FRANK FUNG 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
These items are available for review at the Board's office, 1660 Mission St., Rm. 3036, front counter.
