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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, OCTOBER 3, 2007
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) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 20 Villa Terrace. Permits issued on July 16, July 18, and July 19, 2007. Last day to appeal was July 31, August 2, and August 3, 2007, respectively. Jurisdiction requests received August 17, 2007. Letter from George Gomes, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/07/16/6810, Plumbing Permit No. PP2007/07/18/670, and Electrical Permit No. E2007/07/19/9821. Permit Holder: Peter Quintana. Project: removal of illegal unit; convert back to legal storage (building permit); demolish plumbing in illegal unit (plumbing permit); and remove wiring installed illegally in basement, and install subload center (electrical permit). Note: Public hearing held and closed on Sept. 19, 2007. For further consideration today.
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(3b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 43D Dearborn Street. Permit issued on April 2, 2007. Last day to appeal was April 17, 2007. Jurisdiction request received on August 28, 2007. Letter from Sabrine Rodems & Koorosh Afshari, requestors, asking that the Board take jurisdiction over Building Permit Application No. 2007/04/02/7858. Permit Holders: Enrico & Emilia Martin. Project: remove illegal unit, kitchen and bath; cap utilities at source. Note: Public hearing held and closed on Sept. 19, 2007. For further consideration today.
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(3c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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No specific subject property. Determination issued by the Zoning Administrator on May 15, 2006. Last day to appeal was May 30, 2006. Jurisdiction request received on February 8, 2007. Letter from Douglas Loranger, David Tornheim, and San Francisco Neighborhood Antenna-Free Union (SNAFU), requestors, asking that the Board take jurisdiction over a ZA determination regarding whether certain types of wireless telecommunication facilities qualify as accessory uses under the Planning Code. Determination Holder: T-Mobile – Omnipoint.
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(3d) REHEARING REQUEST:
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Subject property at 1801-1813 Fulton Street. Letter from Vladamir Gammer, appellant, requesting rehearing of Appeal No. 06-189, decided January 31, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to uphold the subject permit. Permit Holder: T-Mobile Omnipoint. Project: on multi-unit apartment building, installation of new micro-cell panel antenna enclosed within a faux vent; installation of associated equipment and necessary cabling/cable trays; no new batteries; BPA No. 2006/03/21/7213.
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(3e) REHEARING REQUEST:
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Subject property at 373 Castenada Avenue. Letter from Maria Elena Hanley, co-appellant, requesting rehearing of Appeal No. 07-036, Hanley vs. DPW BUF, decided July 11, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Fung dissented) to uphold the denial of the tree removal permit on condition that the DPW BUF monitor the trees annually, with said monitoring to alternate with the annual monitoring by the Forest Hills Association.
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(3f) REHEARING REQUEST:
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Subject property at 1407-1435 Market Street. Letter from Sue Hestor, attorney for Jazzie Collins, appellant, requesting rehearing of Appeal No. 07-052, Collins vs. PC, decided August 29, 2007. At that time, upon motion by Vice President Garcia, the Board voted 3-2 (President Knox & Commissioner Haaland dissented) to uphold the Planning Code §309 adoption of findings. Motion Holder: Tenth & Market LLC. Project: adoption of findings on April 5, 2007, related to the approval of a Planning Code § 309 determination of compliance and request for exceptions for the construction of a residential project containing approximately 719 dwelling units, approximately 19,000sf of retail space, and a garage with a capacity of up to 593 parking spaces; Planning Commission Motion No. 17414.
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(3g) REHEARING REQUEST:
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Subject property at 1407-1435 Market Street, & 16-70 – 10th Street. Letter from Sue Hestor, attorney for Jazzie Collins, appellant, requesting rehearing of Appeal No. V07-111, Collins vs. ZA, decided August 29, 2007. At that time, upon motion by Vice President Garcia, the Board voted 3-2 (President Knox & Commissioner Haaland dissented) to uphold the granting of the subject variances. Variance Holder: Tenth & Market LLC. Project: Elevator Penthouse Height Exemption, Usable Open Space Dimension, Dwelling Unit Exposure, Hazard-Level Wind, and Loading Entry Variances (construction of two buildings sharing a common base and containing approximately 719 dwelling units, approximately 19,000sf of retail space, and a garage with a capacity of up to 593 parking spaces); Variance Case No. 2006.0584V.
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(3h) REHEARING REQUEST:
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Subject property at 838 Alabama Street. Letter from Tony Fu, appellant, requesting rehearing of Appeal No. 07-072, Fu vs. DBI, PDA, decided August 29, 2007. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (President Knox recused) to uphold the subject permit. Permit Holder: Jersey St. Associates LLC. Project: on single-family house; consolidate under single permit all work previously shown under BPA Nos. 2006/03/22/7327, 2006/04/20/9476, 2006/05/03/0499, 2006/05/03/0547, and 2006/05/12/1526; new work not shown previously (clearly) for notification includes raising building 18 inches, infilling light well at north side, and developing basement into habitable space); BPA No. 2006/11/15/7736S.
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(3i) ADOPTION OF FINDINGS:
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Subject property at 67 Madrone Avenue. Appeal No. 07-090, McClendon vs. DBI, PCD, decided Sept. 12, 2007, At that time, upon motion by President Knox, the Board voted 5-0 to overrule the denial, and grant the permit with findings to be adopted at a later date. Section 14 Party: Daniel Walsh. Project: on single-family house, add new bedroom and bathroom on 1st floor; remodel existing kitchen and relocate existing bedroom on 2nd floor; add new master bedroom and bathroom on 3rd floor; BPA No. 2006/10/06/4439S.
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(3j) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 597-599 – 26th Avenue. Variance granted on Sept. 4, 2007. Last day to appeal was Sept. 14, 2007. Jurisdiction request received Sept. 17, 2007. Letter from Richard Hurlburt, requestor, asking that the Board take jurisdiction over Variance Case No. 2007.0085V. Variance Holder: Alex Dabiza. Project: construct a three-story horizontal addition within the rear yard.
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(3k) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 259-261-263 Bartlett Street. Permit issued on August 17, 2007.. Last day to appeal was Sept. 4, 2007. Jurisdiction request received Sept. 17, 2007. Letter from Christmas Leubrie, Alice Heimsoth, Barbara Ward & Herminia Albarran-Romero, requestors, asking that the Board take jurisdiction over BPA No. 2007/08/02/8574. Permit Holder: Derning-Throne Inc. Project: foundation upgrade, 1st floor framing upgrade to accommodate installation of garages; new shear wall upgrade in garage; repair backstairs; no work on exterior elevation to be done.
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(4) APPEAL NO. 07-104
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JACOB BRETTHOLZ, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the permanent bar from grant/issuance of taxicab permit (A-card).
FOR HEARING TODAY.
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(5) APPEAL NO. 06-202
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JEFFREY KRAMER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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591-599 Guerrero Street.
Protesting the issuance on December 21, 2006, to Omnipoint – T-Mobile, Permit to Alter a Building (installation of new microcell panel antenna enclosed within new false vent; installation of associated equipment).
APPLICATION NO. 2006/05/19/2075.
FOR HEARING TODAY.
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(6) APPEAL NO. 07-048
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EDWARD IP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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834 – 44th Avenue.
Appealing a Notice of Decision by the Director of the Dept. of Building Inspection, dated April 11, 2007, regarding allegations of an unlawful residential demolition at the subject property.
PUBLIC HEARING HELD & CLOSED ON JUNE 20, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to seek a settlement with the adjacent neighbors, to submit revised plans, and for the Planning Department to review the matter.
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(7) APPEAL NO. 07-060
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WILBUR WOO, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2116 Irving Street.
Appealing a Notice of Violation dated April 23, 2007, addressed to Wilbur Woo & Dolores Revo, that the “Quickly” establishment at the subject property has not procured proper Planning Department authorization, in violation of Planning Code §§ 703.3 & 703.4.
FOR REHEARING TODAY. Note: On August 1, 2007, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the NOV. On August 29, 2007, the Board voted 5-0 to grant the appellant’s rehearing request, and to set the rehearing for October 3, 2007.
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ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 07-105
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MAUREEN KENNEY
& ROGER MWAMBA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1536 Pacific Avenue.
Protesting the issuance on June 11, 2007, to Mary Tom, Permit to Demolish a Building (one-story auto repair shop with 5,300sf of ground floor area).
APPLICATION NO. 2004/12/02/0513.
PUBLIC HEARING HELD & CLOSED ON SEPT. 19, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to continue settlement negotiations.
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(8B) APPEAL NO. 07-106
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MAUREEN KENNEY
& ROGER MWAMBA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1536 Pacific Avenue.
Protesting the issuance on June 11, 2007, to Mary Tom, Permit to Erect a Building (four-story, six-unit residential/commercial building with 5,300sf of ground floor area).
APPLICATION NO. 2004/12/02/0517.
PUBLIC HEARING HELD & CLOSED ON SEPT. 19, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to continue settlement negotiations.
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(9) APPEAL NO. 07-095
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ELVA ZEPEDA
& GRACIELA CUBAS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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3225 – 23rd Street.
Protesting the issuance on June 5, 2007, to Victor Meneses, Permit to Alter a Building (on four-unit building: remove studio on ground floor [illegal]; return back to garage; comply with NOV No. 200799376).
APPLICATION NO. 2007/06/05/3046.
FOR HEARING TODAY.
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(10) APPEAL NO. 07-109
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GEORGIA SCHUTTISH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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455 – 27th Street.
Protesting the issuance on June 29, 2007, to David Bartenwerfer, Permit to Alter a Building (on single-family house: revision to approved BPA No. 2005/10/17/5751; flatten rear portion of roof).
APPLICATION NO. 2007/06/29/5537.
FOR HEARING TODAY.
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(11) APPEAL NO. 07-110
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CLAIRE ZVANSKI, ANITA SEGHETTI,
WENDY & BOB SMITHERS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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145 Edinburgh Street.
Protesting the issuance on June 27, 2007, to Alfred Lee, Electrical Permit (furnish and install one automatic garage door opener). APPLICATION NO. E2007/06/27/9190.
FOR HEARING TODAY.
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(12) APPEAL NO. 07-114
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PATRICIA DELORES AMANTEA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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466 London Street.
Protesting the issuance on June 27, 2007, to Manuel & Aurora Langit, Permit to Alter a Building (on single-family house: proposed remodel; horizontal front and rear addition; third floor vertical addition).
APPLICATION NO. 2005/05/09/1848S.
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: September 27, 2007
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MEMBERS OF THE BOARD OF APPEALS
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RANDALL KNOX
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PRESIDENT
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MICHAEL GARCIA
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VICE PRESIDENT
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KATHARINE ALBRIGHT
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COMMISSIONER
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FRANK FUNG
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COMMISSIONER
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ROBERT HAALAND
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COMMISSIONER
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EASTELLER BRUIHL - OFFICIAL COURT REPORTER – TEL: 415.348.0050– FAX: 415.348.0077 –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 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 Victor Pacheco at 575-6880 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.
