2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, MARCH 30, 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 973-975 Guerrero Street. Permit issued on December 15, 2004. Last day to appeal was December 30, 2004. Jurisdiction request received on February 24, 2005. Letter from Lynn Sulley & Lee Taylor, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s).2004/12/15/1488. Permit Holder(s): Henry Lucero. Project: repair sheet rock, ceiling and floors due to fire damage in kitchen and baths; for units 973 & 975 only.
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(3B) REHEARING REQUEST:
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Subject property at 567 Sanchez Street. Letter from Debra Stein, agent for Fred Bullock, appellant(s), requesting rehearing of Appeal No(s). 04-171, decided Feb. 16, 2005. At that time, upon motion by Commissioner Saunders, the Board voted 4-0 to uphold the subject permit. Project: construction of a 3-story single-family house with 1,168sf of ground floor area. Permit Holder(s): Ed Hardy.
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(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 368-370 Dolores Street. Permit issued on December 3, 2004. Last day to appeal was December 20, 2004. Jurisdiction request received on February 17, 2005. Letter from Karen Hull, attorney for Graciela Garcia et al., requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/11/19/9985. Permit Holder(s): Ugo Sap. Project: on 2-unit building, comply with NOV No. 199816131, revert back to 2-family dwelling from 10 illegally converted guest rooms, and rebuild egress stair at rear.
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(3D) 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 (Item 4), 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)
vs.
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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(5) APPEAL NO. 04-132
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ALISON JOSEPH, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1244 – 1268 Sutter Street.
Appealing a determination dated September 17, 2004, addressed to Alison Joseph, that the proposed office expansion at 1268 Sutter Street requires a Planning Code § 321 application for office space and a Conditional Use (CU) application for change of use above the ground story.
Note: On Feb. 2, 2005, the Board voted 3-1 to overrule the subject determination with a finding that the current use of the subject property is not office use, and instead resembles an arts activity under the Planning Code. On March 9, 2005, the Board voted 3-0 to grant the Zoning Administrator’s rehearing request, and to set the rehearing for March 30, 2005.
FOR REHEARING TODAY.
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(6) APPEAL NO. 04-019
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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 tall on a vacant lot).
CASE NO. 2003.1009P.
FOR HEARING TODAY.
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ITEMS (7A) & (7B) SHALL BE HARD TOGETHER:
(7A) APPEAL NO. 04-151
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VAN NESS TOWERS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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724-730 Van Ness Ave. / 640-660 Turk St.
Appealing a determination dated October 6, 2004, addressed to Charles Marsteller, that a new conditional use (CU) application and variance application are required to modify this previously approved project (two-tower development containing 141 dwelling units with ground floor retail spaces, and a garage containing 51 automobile parking spaces, 40 bicycle spaces and 2 service vehicle loading spaces).
FOR HEARING TODAY.
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(7B) APPEAL NO. 05-012
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VAN NESS TOWERS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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724-730 Van Ness Ave. / 640-660 Turk St.
Appealing a determination dated January 11, 2005, addressed to Charles Marsteller & Nancy Gin, concerning broader procedural issues related to the approved mixed-use development project at the subject property and proposed modifications to this approved project by the new property owner.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-194
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KELLIE SERINGER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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2169 Folsom Street #M305.
Appealing the denial on December 15, 2004, of Permit to Alter a Building (on a condo/live-work unit: general renovation of interiors of bathrooms, bedrooms, living areas and roof decks; seismic reinforcing; horizontal extension on to north roof deck; sprinklers under separate permit).
APPLICATION NO. 2004/08/23/2307.
FOR HEARING TODAY.
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(9) APPEAL NO. V04-196
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MUELLER FAMILY LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1212 – 15th Avenue.
Protesting the granting on December 7, 2004, to Stephen Antonaros (Subject Property Owners Tony & Winnie Chiang), Minimum Lot Width variance (proposal is to split the lot between the existing building and the vacant portion of the lot resulting in two separate lots).
VARIANCE CASE NO. 2004.0227V.
FOR HEARING TODAY.
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(10) APPEAL NO. 04-197
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LORENZO BOELITZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: MICHAEL RUDMAN
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1644 Diamond Street.
Appealing the denial on December 8, 2004, of Permit to Demolish a Building (one-story over garage single-family house with 879sf of ground floor area).
APPLICATION NO. 2004/03/03/7704.
FOR HEARING TODAY.
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(11) APPEAL NO. 04-198
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GEORGE CHEN
& BRITT BACHNER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2523 Steiner Street.
Protesting the issuance on December 3, 2004, to Christopher Rose, Permit to Alter a Building (on single-family house: new extension of bay window at front; revision to Building Permit Application No. 2003/06/06/6462).
APPLICATION NO. 2004/12/03/0684.
FOR HEARING TODAY.
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(12) 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.
FOR HEARING TODAY.
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(13) APPEAL NO. 05-019
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WILLIAM & JEAN SIEPER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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485 Crestmont Drive.
Protesting the issuance on January 19, 2005, to Reed Minuth, Permit to Alter a Building (on single-family house: demolition of deck and stairs; construction of deck and stairs at front entrance).
APPLICATION NO. 2005/01/19/3490
FOR HEARING TODAY.
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(14) APPEAL NO. 05-022
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CAMILLE HAMILTON
& DAVID PATING, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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755 – 22nd Avenue.
Protesting the issuance on January 13, 2005 (neighborhood notification reissued Feb. 1, 2005 by DBI’s Central Permit Bureau), to Jeffery Nemy & Betsy Erickson, Permit to Alter a Building (on single-family house: add 6’ addition with decks to rear of building as shown on drawings; remodel 3rd floor to provide for new bathroom and decks; remodel kitchen, breakfast room, toilet/powder room and add deck at 2nd floor; remodel garage to provide for new bathroom; add dwelling unit at 1st floor).
APPLICATION NO. 2003/09/29/6087S.
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: March 10th, 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.
