2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JUNE 29, 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) SPECIAL ITEM:
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Subject property at 817 Terry Francois Blvd. Board of Appeals action: whether to accept the Port Commission's delegation to the Board of Appeals of authority to hear and decide an appeal of the Entertainment Commission's suspension of place of entertainment and extended hours premises permits issued to James V. Kelly dba “Kelly's Mission Rock”, a business located on property under the jurisdiction of the Port Commission and, if the Board accepts such delegated authority, to ratify staff action accepting an appeal and setting the hearing for July 20, 2005.
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(4) ADDENDUM ITEM(S):
(4A) 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. 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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(4B) REHEARING REQUEST:
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Subject property at 1923 Webster Street. Letter from Hendrik Bakker, appellant(s), requesting rehearing of Appeal No(s). 05-042, Bakker vs. DBI, PDA, decided May 18, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 3-1-1 (President Sugaya dissented, Vice President Saunders absent) to uphold the subject permit. Permit Holder(s): 1923 Webster LLC. Project: on single-family house, raise building 2 feet, add garage and rear addition; BPA No. 2004/03/01/7434S.
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(4C) REHEARING REQUEST:
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Taxi Medallion No. 207. Letter from Joseph Breall, appellant(s), requesting rehearing of Appeal No(s). 05-033, Breall vs. TC, decided May 18, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 3-2 (Vice President Saunders and Commissioner Fung dissented) to uphold the Taxi Commission’s revocation of the subject medallion.
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(4D) REHEARING REQUEST:
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Subject property at 1 La Avanzada Drive (Sutro Tower). Letter from Walter Caplan, agent for Midtown Terrace HOA et al., appellant(s), requesting rehearing of Appeal No(s). 05-051, Midtown Terrace HOA et al. vs. ZA, decided May 18, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 3-1-1 (President Sugaya dissented, Vice President Saunders absent) to uphold the Zoning Administrator’s determination concerning Building Permit Application Nos. 2004/11/05/8607, 2004/12/20/1816 & 2005/01/25/3910, which are Sutro Tower’s most recent building permit applications.
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(4E) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2889 – 24th Street. Permit issued on April 22, 2005. Last day to appeal was May 9, 2005. Jurisdiction request received May 19, 2005. Letter from Laurence Berg, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2003/03/25/0625S. Permit Holder(s): Mike Boschetto. Project: construction of a 4-story, 8-unit retail/apartment building with 4,942sf of ground floor area. Note: Public hearing on this jurisdiction request was held and closed on June 8, 2005. Furthermore, Appeal No. 05-081, concerning the demolition permit at this property, is currently scheduled for July 20, 2005.
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(4F) ADOPTION OF FINDINGS:
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Subject property at 1234 – 19th Avenue. Appeal No(s). 04-114, Romanov vs. DBI, PCD, decided June 8, 2005. At that time, upon motion by Commissioner Fung, the Board voted 5-0 to overrule the denial of the site permit by the Planning Commission, and grant this site permit with revised plans, and with findings to be adopted at a later date. Project: construction of a 4-story, 3-unit condominium building with 1,850sf of ground floor area, BPA No. 2002/06/10/8646S.
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(4G) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 424 Myra Way. Permits issued on Nov. 10, 2004 and March 22, 2005. Last day to appeal was Nov. 25, 2004, and April 6, 2005, respectively. Jurisdiction request received June 9, 2005. Letter from Anthony Caires, requestor(s), asking that the Board take jurisdiction over Building Permit Application Nos. 2004/11/10/8920 and 2005/03/22/8115. Permit Holder(s): Chen Liang. Project, 1st permit: remodel bath and bedroom on 2nd floor, remodel kitchen, garage and bath on 1st floor. Project, 2nd permit: upgrade foundation of the building.
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(5) APPEAL NO. 05-005
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TIMOTHY BLAINE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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3330 Pierce Street.
Appealing the denial on Nov. 10, 2004, of Permit to Alter a Building (on 21-unit apartment building: replace all exterior windows).
APPLICATION NO. 2004/09/01/3110.
PUBLIC HEARING HELD & CLOSED ON APRIL 20, 2005. FOR FURTHER CONSIDERATION TODAY.
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ITEMS (6A), (6B), (6C), (6D), (6E), (6F), & (6G) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 05-023
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MARGARET & ARMEN DILDILIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6B) APPEAL NO. 05-024
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KAY CAVAGNARO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6C) APPEAL NO. 05-025
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DAVID GOLDBLATT
& CHRISTINE BEARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6D) APPEAL NO. 05-029
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BOBBY LONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6E) APPEAL NO. 05-030
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LILY LONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6F) APPEAL NO. 05-031
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JOSEPH YU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(6G) APPEAL NO. 05-032
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JOHNSON YANG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
PUBLIC HEARING HELD & CLOSED ON JUNE 8, 2005. FOR FURTHER CONSIDERATION TODAY, WITH A REPORT FROM THE PLANNING DEPT.
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(7) APPEAL NO. 04-066
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JAMIE YUEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on June 10, 2004, of medallion no(s). 1100.
RESOLUTION NO. 2004-31.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-073
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DIANE COHEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on June 18, 2004, of medallion no(s). 1147.
RESOLUTION NO. 2004-37.
FOR HEARING TODAY.
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(9) APPEAL NO. 04-122
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BORIS SHAMIS, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the suspension on September 1, 2004, of a Driver of Public Passenger Vehicle For Hire Permit.
PERMIT NO. 055382.
RESOLUTION NO. 2004-48.
FOR HEARING TODAY.
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(10) APPEAL NO. 05-079
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CHEVRON STATION NO. 1768, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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3675 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-232.
FOR HEARING TODAY.
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(11) APPEAL NO. 05-069
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THRIFTY PAYLESS
RITE AID NO. 6205, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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5280 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-223.
FOR HEARING TODAY.
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(12) APPEAL NO. 05-070
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OSAMA AL SWEITI
dba “VAN NESS FOOD CO.”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1356 Van Ness Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 04-05-227.
FOR HEARING TODAY.
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(13) APPEAL NO. 05-071
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CURRIE’S CHEVRON, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2465 Van Ness Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-115.
FOR HEARING TODAY.
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(14) APPEAL NO. 05-072
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TIEN LY
& TRI NGUYEN dba “VAN NESS
& FILBERT 76 STATION”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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2559 Van Ness Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-117.
FOR HEARING TODAY.
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(15) APPEAL NO. 05-073
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WALGREENS NO. 02153, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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790 Van Ness Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-200.
FOR HEARING TODAY.
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(16) APPEAL NO. 05-076
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LINDA LU
dba “7-ELEVEN”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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5100 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-222.
FOR HEARING TODAY.
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(17) APPEAL NO. 05-077
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SAM PARK & JUNG HUI
dba “STATE MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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4751 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-233.
FOR HEARING TODAY.
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(18) APPEAL NO. 05-078
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KI BUM KIM
dba “PARK WALKER MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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3500 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-119.
FOR HEARING TODAY.
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(19) APPEAL NO. 05-087
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KI SOON CHUNG dba
“VAN NESS KENO ICE CREAM”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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26 Van Ness Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on April 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 02-05-221.
JURISDICTION GRANTED MAY 11, 2005.
FOR HEARING TODAY.
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(20) 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 in height on a vacant lot).
CASE NO. 2003.1009P.
FOR HEARING TODAY.
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(21) APPEAL NO. 05-082
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TIBOR VOZAR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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643 Greenwich Street.
Protesting the issuance on April 21, 2005, to Kara Parsons, Site Permit to Alter a Building (on single-family house: add two stories on top of existing two-story building).
APPLICATION NO. 2002/11/27/2429S.
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: June 23rd, 2005
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA PRESIDENT
SABRINA N. SAUNDERS VICE PRESIDENT
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.
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.
