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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, DECEMBER 6, 2006
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) SPECIAL ITEM:
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Discussion and possible action to approve a Board Attendance Policy to comply with Board of Supervisors Resolution 502-06 (urging Commissions to adopt an internal attendance policy) and the Mayor's directive dated September 18, 2006 (urging Commissions to adopt specific baseline standards for attendance).
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(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
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Subject property at 504 – 6th Street. Appeal No. 06-039, Hicks vs. DBI, PDD, decided August 16, 2006 at a rehearing. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the permit, with findings to be adopted at a later date. Project: construction of sign (ground, non-electric, single-faced, 14’ X 48’, with 672sf of total surface area), BPA No. 2005/10/11/5200.
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(4b) REHEARING REQUEST:
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Subject property at 2395 – 12th Avenue. Letter from Toha Quan, appellant, requesting rehearing of Appeal No. 06-077, Quan vs. ZA, decided October 18, 2006. Upon motion by President Fung, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the subject notice of violation by the Zoning Administrator. NOV: that a manufacturing and processing operation has been established at the subject property, in violation of Planning Code §§ 151, 204.1, 226, and 711.38.
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(4c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1535 Leavenworth Street #17. Permits issued on October 12, 2006. Last day to appeal was October 27, 2006. Jurisdiction requests received on November 8, 2006. Letter from Michael Lee, co-requestor, asking that the Board take jurisdiction over Building Permit Application No. 2006/10/12/4857, Electrical Permit No. E200610122161, and Plumbing Permit No. P584880. Project: kitchen and bathroom remodel. Permit Holder: ADAK Investors.
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(4d) ADOPTION OF FINDINGS:
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Subject property at 1590 Bryant Street. Appeal No. 06-110, Sports Basement vs. ZA, decided November 8, 2006 at a rehearing. At that time, upon motion by Commissioner Haaland, the Board voted 5-0 to overrule the ZA’s determination with findings to be adopted on December 6, 2006. Determination: concerning a proposal at the subject property for a 54,000 gross square foot Sports Basement store (retail sales and services facility).
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(4e) ADOPTION OF FINDINGS:
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Subject property at 2125 – 19th Street. Appeal No. V06-149, Harrison vs. ZA, decided November 8, 2006. At that time, upon motion by Commissioner Garcia, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the partial grant of the variance, and to overrule the partial denial of the variance, with findings to be adopted on December 6, 2006. Variance: allow a 2nd story addition but not allow the new addition within the lot’s required rear yard; variance case no. 2005.1212V.
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(5) APPEAL NO. 06-162
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MICHAEL & LEORA VESTEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1405 York Street.
Protesting the issuance on September 26, 2006, to Jie Xing Lin, Permit to Alter a Building (on single-family house: enclose outside deck and rear stair into habitable area; comply with NOV No. 200452181; reference BPA No. 2004/08/09/1027).
APPLICATION NO. 2005/01/25/3937.
FOR HEARING TODAY.
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(6) APPEAL NO. 06-166
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SAN FRANCISCO
UNIFIED SCHOOL DISTRICT, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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3630 Divisadero Street.
Appealing the conditions placed on a Permit to Remove and Replace Thirteen (13) Trees.
ORDER NO. 176,392.
FOR HEARING TODAY.
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ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 06-154
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MARK O’FLYNN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1678 Great Highway.
Protesting the reinstatement on September 7, 2006, of Building Permit Application No. 2004/11/05/8645 (renew BPA No. 2004/04/06/0513 – abate complaint no. 200447914; replace back roof that is dry rotted and leaking; replace ceiling). Reason for reinstatement: done at the request of the Planning Department. Permit Holder: Ian Wallace.
FOR HEARING TODAY.
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(7B) APPEAL NO. 06-172
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MARK O’FLYNN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1678 Great Highway.
Protesting the issuance on October 11, 2006, to Ian Wallace, Site Permit to Alter a Building (on single-family house: legalize work done under BPA No. 2004/04/06/0513 by performing retroactive § 311 notification, and retroactive approval of wood to vinyl window replacements).
APPLICATION NO. 2006/02/01/3549S.
FOR HEARING TODAY.
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(8) APPEAL NO. V06-163
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MARIE LEWANDOWSKI, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2325 Ocean Avenue.
Appealing the denial on October 6, 2006, of Rear Yard Variance (legalize construction of a lower level in-fill addition, deck, and awning, located within the required rear yard).
VARIANCE CASE NO. 2006.0395V.
FOR HEARING TODAY.
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(9) APPEAL NO. 06-164
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BING CHEUK LAW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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227-229 – 7th Avenue.
Protesting the issuance on October 2, 2006, to Mikhail Kurgatnikov, Permit to Alter a Building (on 2-unit building: no work to be done on 1st floor; remodel kitchens and bathrooms, and add new bathrooms on 2nd and 3rd floors; all work within envelope of existing building).
APPLICATION NO. 2006/02/02/3683.
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: November 30, 2006
MEMBERS OF THE BOARD OF APPEALS
FRANK FUNG PRESIDENT
RANDALL KNOX VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
MICHAEL GARCIA COMMISSIONER
ROBERT HAALAND COMMISSIONER
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 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: 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.
