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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, SEPT. 7, 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) ELECTION OF VICE PRESIDENT.
(3) COMMISSIONERS COMMENTS & QUESTIONS.
(4) ADDENDUM ITEMS:
(4A) REHEARING REQUEST:
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Subject property at 1301 – 18th Street. Letter from Marwon Halteh, agent for Elias Han Han, appellant, requesting rehearing of Appeal No(s). 05-091, Han Han dba “New Potrero Market vs. DPH”, decided July 27, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to overrule the Dept. of Public Health’s 45-day suspension, and instead impose a 10-day suspension.
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(4B) ADOPTION OF FINDINGS:
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Subject property at 120 Maynard Street. Appeal No(s). 04-103/104, Lee vs. DBI, PCD, decided August 10th, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 4-1 (Commissioner Knox dissented) to overrule the denial of the demolition permit, and to overrule the denial of the site permit with adoption of conditions as recommended by the Planning Commission, and with the following additional condition(s): a) that Planning Department staff consider the project’s effect on trees that are located on neighboring properties; and b) that the subject property be maintained and cleaned at least once per month up until the start of construction, and with findings to be adopted at a later date.
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(5) APPEAL NO. 05-110
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DAVID CLARK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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4967-4969 – 17th Street.
Appealing the denial on June 21, 2005, of Site Permit to Alter a Building (merge two-units into single-family dwelling; remodel two floors throughout; existing “Ellis Act” property).
APPLICATION NO. 2004/11/03/8481S.
PUBLIC HEARING HELD & CLOSED ON AUGUST 17, 2005. FOR FURTHER CONSIDERATION TODAY.
Note: Matter continued from Aug. 17, 2005 to allow Commissioner Albright to participate in the final vote.
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(6) APPEAL NO. 05-125
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PEI YUN SHEN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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687 – 3rd Avenue.
Appealing the imposition of penalty on July 19, 2005, for work done without a permit (on 3-unit residential building: remove illegal bathroom, family room, bedroom, and study room; existing shear wall, load bearing wall, and exterior wall to remain; in response to NOV no. 200560673).
APPLICATION NO. 2005/07/08/7093.
FOR HEARING TODAY.
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(7) APPEAL NO. 05-083
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VERIZON WIRELESS, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET-USE & MAPPING,
Respondent
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Various locations.
Appealing the denial on April 25, 2005, of a Utility Conditions Permit.
FOR HEARING TODAY.
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(8) APPEAL NO. 05-127
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SOON JA KU
dba “STORE ON THE CORNER” , Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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121 New Montgomery Street.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 03-05-274.
FOR HEARING TODAY.
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(9) APPEAL NO. 05-128
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JAMES WITHRINGTON
dba “GO CAR RENTALS”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
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2715 Hyde Street.
Appealing the denial on July 7, 2005, of a Driverless Auto Rental Permit (P02).
FOR HEARING TODAY.
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(10) APPEAL NO. 04-203
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KEN PAGE
& VINCENT LEGER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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21 Buena Vista East Avenue.
Appealing a Permit Suspension Request dated December 14, 2004, addressed to Dept. of Building Inspection Acting Director Jim Hutchinson, requesting that all building permits at the subject property be suspended. Reasons for suspension: the Planning Dept. believes the owners have pursued a “serial permitting” strategy to effectively convert the home in question from 14 guest rooms and one dwelling unit into a single-family dwelling without proper public notification and in contradiction of the Planning Commission’s policies.
APPLICATION NOS. 2004/02/27/7379, 2004/02/27/7382, 2004/06/28/7501 & 2004/06/28/7503.
FOR HEARING TODAY.
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(11) APPEAL NO. 05-113
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WIENIK BLEYENBERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: MICHAEL & ELLEN McGARVEY
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455 Pennsylvania Avenue.
Appealing the denial on June 21, 2005, of Site Permit to Alter a Building (on single-family house: build additional floor and penthouse resulting in 2-unit building; add deck, stair and siding).
APPLICATION NO. 2004/05/12/3718S.
FOR HEARING TODAY.
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(12) APPEAL NO. 05-114
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JACQUELINE & JOHN McMAHAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2506 Union Street.
Protesting the issuance on June 17, 2005, to Mark & Susan Sherman, Site Permit to Alter a Building (on single-family house: remove non-conforming enclosed garage structure in front yard required setback; renovation of house to include a horizontal addition at rear of building; renovation to provide two means of egress from third floor and removal of exterior fire escape balcony and ladders at front of house).
APPLICATION NO. 2004/07/15/8925S.
FOR HEARING TODAY.
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(13) APPEAL NO. 05-124
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JEFFREY HOROWITZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1170 Green Street.
Appealing the suspension on July 8, 2005, of Building Permit Application No. 9925728S. Reason(s) for suspension: the plans submitted contain discrepancies between the architectural and structural sheets and site conditions.
FOR HEARING TODAY.
Note: On Nov. 10, 2004, in Appeal 04-070, the Board upheld this permit on condition that the skylight not exceed 3 feet in height as measured from the finished elevation of the ceiling.
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(14) APPEAL NO. 05-126
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FRED & SANDRA HERRERA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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763 University Street.
Appealing the denial on July 21, 2005, of Permit to Alter a Building (on single-family house: add additional floor).
APPLICATION NO. 2003/05/13/4418.
FOR HEARING TODAY.
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(15) APPEAL NO. V05-129
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ARZA TRUST, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2642-2644 Hyde Street.
Protesting the granting on July 13, 2005, to Billie Cayot, Rear Yard & Non-Complying Structure Variances (replace an existing 2nd floor balcony within the required rear yard of the existing two-family structure; the cantilevered balcony would be approximately 12 feet wide, 3 feet deep, and set back approximately 5 feet from each side property line).
VARIANCE CASE NO. 2004.1312V.
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: August 25th, 2005
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
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, 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.
