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 9, 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 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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(3B) 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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(3C) REHEARING REQUEST:
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Subject property at 1244-1268 Sutter Street. Letter from Lawrence Badiner, Zoning Administrator, requesting rehearing of Appeal No(s). 04-132, Joseph vs. ZA, decided Feb. 2, 2005. At that time, upon motion by Commissioner Fung, the Board voted 3-1 (Acting President Sugaya dissented) 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.
ZA determination: 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. Appellant(s): Alison Joseph. Note: Public hearing on this rehearing request was held on March 2, 2005.
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(4) CONSENT ITEMS (DBI PENALTY):
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With the consent of the Dept. of Building Inspection, the Board will proceed to a vote without testimony to reduce the penalty (investigation fee) to two times the regular fee as provided for in the Building Code. Without consent the Board will take testimony and then decide the appeal.
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(4A) APPEAL NO. 05-011
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PACIFIC HEIGHTS TOWERS
CONDOMINIUM ASSOCIATION, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2200 Sacramento Street.
Appeal for refund of penalty imposed on January 21, 2005 for work done without a permit (on 65-unit condominium building: installation of new cogeneration system/generator).
APPLICATION NO. 2004/11/12/9024.
FOR HEARING TODAY.
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(4B) APPEAL NO. 05-013
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MARCIA POPE & JEFF RUBIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2815 Pine Street.
Appeal for refund of penalty imposed on Jan. 12, 2005 for work done without a permit (on single-family house: remove illegal unit on ground floor per NOV no. 199602226; add bathroom at 3rd floor; remodel kitchen at 2nd floor; remodel bathroom and laundry at 2nd floor).
APPLICATION NO. 2005/01/07/2786.
FOR HEARING TODAY.
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(4C) APPEAL NO. 05-014
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MARY DUNN BENNETT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1516 La Playa.
Appeal for refund of penalty imposed on Jan. 25, 2005 for work done without a permit (on single-family house: remove illegal kitchen at garage level; cap all utilities at source; convert to storage space; legalize existing bath at garage level).
APPLICATION NO. 2005/01/11/2999.
FOR HEARING TODAY.
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(4D) APPEAL NO. 05-015
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JAMES QUILTY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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68 Divisadero Street.
Appeal for refund of penalty imposed on Jan. 26, 2005 for work done without a permit (on 3-unit residential building: comply with NOV no. 199815272 to restore use to 3 dwelling units).
APPLICATION NO. 2005/01/07/2789.
FOR HEARING TODAY.
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ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) 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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(5B) APPEAL NO. 05-007
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PETER OVERMIRE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
Subj. Prop. Owner(s): ROBERT MAHONEY
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22 Alta Street.
Protesting a letter dated November 2, 2004, addressed to Alice Barkley, written by the Acting Director of the Dept. of Building Inspection (DBI), which states that the expiration of Building Permit Application No(s). 9710066S was unwarranted and that the subject permit is reinstated.
JURISDICTION GRANTED JAN. 12, 2005.
FOR HEARING TODAY.
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(6) APPEAL NO. 04-189
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JENNIFER MANIAR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2430 Pacific Avenue.
Protesting the issuance on November 22, 2004, to P.M. Kahn, Site Permit to Alter a Building (on single-family house: new garden stair).
APPLICATION NO. 2003/01/24/5818S.
FOR HEARING TODAY.
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(7) APPEAL NO. 04-190
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DAMIEN GREY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1433 Haight Street.
Protesting the issuance on December 1, 2004, to Kenneth Epstein, Permit to Alter a Building (on an apartment building: corrections related to NOV No. 200452370; remove rear southwest deck installed without permit).
APPLICATION NO. 2004/12/01/0488.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-191
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NEXTMEDIA GROUP INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner(s): REALTIME
PROPERTIES LLC
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60 Broadway Street.
Appealing a determination dated November 29, 2004, addressed to Steve Atkinson at Steefel, Levitt & Weiss LLP, that the Planning Department could not accept Nextmedia’s June 2002 or November 2003 applications to erect a general advertising sign at the subject property as those applications were submitted after the passage of Proposition G, and similarly, that the Planning Department cannot accept any future applications from Nextmedia for a general advertising sign at the subject property.
FOR HEARING TODAY.
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(9) 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.
FOR HEARING TODAY.
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(10) 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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(11) APPEAL NO. 04-207
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MARK WELCH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3016 Pine Street.
Protesting the issuance on December 14, 2004, to Ray Steffen, Site Permit to Alter a Building (on single-family house: horizontal and vertical addition; add decks, enlarge kitchen, add bedrooms and bathrooms).
APPLICATION NO. 2004/01/29/5170S.
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 3rd, 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.
