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 2, 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 3148 Geary Boulevard. Permit issued on January 12, 2005. Last day to appeal was January 27, 2005. Jurisdiction request received on February 9, 2005. Letter from Robert Link, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s).2002/07/17/1660S. Permit Holder(s): William & Richard Wong. Project: construction of a 4-story, 7-unit apartment building with retail/commercial.
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(3B) 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.
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(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1401-1409 Castro Street. Permit issued on August 2, 2004. Last day to appeal was August 17, 2004. Jurisdiction request received February 14, 2005. Letter from Eric McFarland, attorney for Chloe Alexander, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/08/02/0401. Project: on apartment building with commercial, storage room into laundry room at ground floor. Permit Holder(s): Isa Muhawieh.
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(3D) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1401-1409 Castro Street. Revised letter of determination issued on October 20, 2004. Last day to appeal was November 4, 2004. Jurisdiction request received February 14, 2005. Letter from Eric McFarland, attorney for Chloe Alexander, requestor(s), asking that the Board take jurisdiction over a Zoning Administrator letter of determination which states that the legal use of the units on the subject property is as follows: one personal services commercial use on the ground floor of the main building (1401 Castro St.), one legal dwelling unit on the second floor of the main building (395 Jersey St.), and one legal dwelling unit in the small building or cottage at the rear of the property fronting Castro Street (1409 Castro Street); and that the permit history for the subject property is limited and provides no clear evidence that the space at 1401 Castro Street was legally subdivided to create 1403 Castro Street with a dwelling unit contained therein. Subject Property Owner(s): Isa Muhawieh.
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(3E) REHEARING REQUEST:
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Subject property at 1401-1409 Castro Street. Letter from Eric McFarland, attorney for Mitchell Schoenbrun, appellant(s), requesting rehearing of Appeal No(s). 04-105, Schoenbrun vs. DBI, decided Feb. 2, 2005. At that time, upon motion by Commissioner Knox, the Board voted 4-0 to uphold the subject permit. Project: on apartment building with commercial, storage room into laundry room at ground floor. Permit Holder(s): Isa Muhawieh.
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(3F) REHEARING REQUEST:
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Subject property at 1401-1409 Castro Street. Letter from Eric McFarland, attorney for Mitchell Schoenbrun, appellant(s), requesting rehearing of Appeal No(s). 04-166, Schoenbrun vs. ZA, decided Feb. 2, 2005. At that time, upon motion by Commissioner Knox, the Board voted 4-0 to uphold the subject determination (as described in Item 3D). Subject Property Owner(s): Isa Muhawieh.
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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. 05-009
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MIRKO BUCHWALD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2051 Balboa Street.
Appeal for refund of penalty imposed on Jan. 19, 2005 for work done without a permit (on 3-unit residential / commercial building: add walls, handrails, and benches as noted; cap plumbing as noted; new electrical work as noted; remove two commercial units and shower; comply with NOV no. 200338266).
APPLICATION NO. 2003/06/22/7594.
FOR HEARING TODAY.
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(5) APPEAL NO. 04-035
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CRYSTAL LEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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337 – 28th Avenue.
Appealing the suspension on April 23, 2004, of Building Permit Application No(s). 2003/04/15/2287, 2003/07/15/9528, & 2003/05/27/5515. Reason(s) for suspension: the scope of work and building information described on the building permit applications and approved plans does not reflect the actual condition and legal use of the building.
PUBLIC HEARING HELD AUG. 18, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(6) APPEAL NO. 04-037
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ANTHONY DUMONT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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155 Westwood Drive.
Appealing a Notice of Decision by Dept. of Building Inspection Director Frank Chiu, dated April 19, 2004, revoking Building Permit Application No(s). 2003/05/19/4954, 2003/08/05/1263, and 2003/08/21/2731. Reason(s) for revocation: construction at the subject property exceeded the scope of the first two permits; and the third permit was issued in error due to false information supplied by the permit applicant.
FOR HEARING TODAY.
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(7) APPEAL NO. 04-075
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MICHAEL RABBITT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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141 Willard Street North.
Appealing the denial on July 8, 2004 of Permit to Erect a Building (4-story, 2-unit building with 1,862sf of ground floor area).
APPLICATION NO. 2003/05/22/5280S.
FOR HEARING TODAY.
Note: On December 8, 2004, the Board voted 5-0 to overrule the Planning Commission’s denial of the demolition permit, and grant the demolition permit on condition that it be held in abeyance until the permit for the replacement structure is approved, and with a finding that a soundness report has been submitted which meets the 50 percent rule under the Planning Commission’s residential demolition guidelines.
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(8) APPEAL NO. 04-110
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KERI EVILSIZOR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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137-139 Cook Street.
Protesting the issuance on August 4, 2004, to Joseph Tierney, Permit to Alter a Building (on 2-unit building: raise building to create new garage in existing basement; and add new 3rd floor unit).
APPLICATION NO. 2002/06/07/8509S.
FOR HEARING TODAY.
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(9) APPEAL NO. 04-116
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JOHN BRENNAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1420 Haight Street.
Appealing a determination dated August 17, 2004, addressed to Matthew Brennan (Subject Property Owner Mehran Ismaili), that the notification and hearing for Conditional Use (CU) Motion No. 16593, which adds 2,300sf of retail space to the existing 3,300sf shoe store at the subject property, was properly performed, and thus it is not necessary to halt construction as authorized under CU Motion.
FOR HEARING TODAY.
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(10) APPEAL NO. 04-161
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DYANN TRESENFELD
& ED WALDRUP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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7 Danvers Street.
Appealing the denial on October 20, 2004, of Permit to Alter a Building (on 5-unit residential building plus housekeeping unit: legalize kitchen in housekeeping unit).
APPLICATION NO. 2004/04/13/1110.
FOR HEARING TODAY.
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(11) APPEAL NO. 04-181
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CARMINE FIORE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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3910 - 22nd Street.
Protesting the issuance on November 17, 2004, to Sergio Iantorno, Site Permit to Alter a Building (on single-family house: horizontal addition).
APPLICATION NO. 2004/03/02/2506S.
FOR HEARING TODAY.
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(12) APPEAL NO. 04-182
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ELLEN TSANG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2650 Hyde Street.
Protesting the issuance on November 18, 2004, to Douglas Greenwood, Permit to Alter a Building (on a two-unit building: rehabilitation of deck and staircase).
APPLICATION NO. 2004/11/18/9555.
FOR HEARING TODAY.
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(13) APPEAL NO. 04-184
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ROBERTA STEWART,
MICHAEL STEWART,
& KENNETH STEWART, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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31 Mangels Avenue.
Protesting the issuance on November 23, 2004, to Frank Cook, Permit to Alter a Building (on single-family house: addition consisting of 21.5’ X 15’ on two stories to rear of existing house; partial renovation of interior; no change to front).
APPLICATION NO. 2003/07/30/0758.
FOR HEARING TODAY.
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(14) APPEAL NO. V04-185
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RICHARD MILLETT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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695 Arkansas Street & Unimproved Portion of the 22nd Street Right of Way.
Protesting the granting on November 29, 2004, to Mike Lanza, Front Setback Variance (proposal is to construct an addition on the southern side of the property within the required front setback).
VARIANCE CASE NO. 2004.0270V.
FOR HEARING TODAY.
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ITEMS (15A) & (15B) SHALL BE HEARD TOGETHER:
(15A) APPEAL NO. 04-186
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ARKADY PIKOVSKY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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261 – 26th Avenue.
Appealing the denial on December 8, 2004, of Permit to Demolish a Building (2-story, 2-unit residential building with 1,163sf of ground floor area).
APPLICATION NO. 2003/01/10/4988.
FOR HEARING TODAY.
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(15B) APPEAL NO. 04-187
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ARKADY PIKOVSKY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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261 – 26th Avenue.
Appealing the denial on December 8, 2004, of Site Permit to Erect a Building (4-story, 3-unit residential building with 2,070sf of ground floor area).
APPLICATION NO. 2003/01/10/4991S.
FOR HEARING TODAY.
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(16) APPEAL NO. 05-008
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WALTER FINCH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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555 Buena Vista West.
Appealing the denial on Jan. 18, 2005, of Permit to Alter a Building (on 41-unit apartment building: window replacement, remainder of all units; all sides except non-weather exposed front of building).
APPLICATION NO. 2004/09/20/4587.
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: February 24th, 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.
