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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, NOVEMBER 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) ADOPTION OF FINDINGS:
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Subject property at 3412 – 22nd Street aka 994 Guerrero Street. Appeal No(s). 05-111, Reed vs. DBI, decided September 21, 2005. At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Garcia absent) to uphold the suspension of the subject permit, with a finding that the medical cannabis use is not suitable for this location, on condition that the dispensary relocate as soon as legally possible and in anyway within 6 months, on condition that the Zoning Administrator’s conditions (dated Sept. 15, 2005) be implemented, and with a further finding that there is no intention to infer inappropriate business practices or anything that would negatively impact the appellant’s right to obtain necessary permits under new legislation for medical dispensaries (BOS File No. 051-250).
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(3b) REHEARING REQUEST:
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Subject property at 1301 – 18th Street. Letter from Marwon Halteh, agent for Elias Han Han, appellant, requesting rehearing of Appeal No(s). 05-091, Han Han dba “New Potrero Market vs. DPH”, decided July 27, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Vice President Saunders absent) to overrule the Dept. of Public Health’s 45-day suspension, and instead impose a 10-day suspension.
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(3c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject Property at 900 Ulloa Street and 290 Lenox Way. Permit issued on Nov. 2, 2004. Last day to appeal was Nov. 17, 2004. Jurisdiction request received on Sept. 8, 2005. Letter from Florence Fung, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2004/03/10/8279S. PermitoldeHolder(s): City & County of San Francisco. Project: remodel of and addition to a 6,786sf public library (West Portal branch).
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(3d) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject Property at 733 DeHaro Street. Permit issued on June 13, 2005. Last day to appeal was June 28, 2005. Jurisdiction request received on October 20, 2005. Letter from John Wagner, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2004/10/26/7768S. PermitoldeHolder(s): Nicole Jarotzky. Project: on single-family house, addition of partial 2nd floor; addition at 1st floor to accommodate a garage; interior remodeling.
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(4) APPEAL NO. 05-119
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JOHN RITT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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333 Greenwich Street.
Appealing the denial on July 11, 2005, of Permit to Alter a Building (on 6-unit apartment building: merge units #3 and #4 into one unit; remove one kitchen in studio and convert kitchen to bedroom; convert one bedroom to dining room and other changes shown on drawings; no structural work; work includes partitions and finishes).
APPLICATION NO. 2005/03/01/6477S.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 5, 2005. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow Commissioner Garcia to participate in the final vote.
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(5) APPEAL NO. 05-131
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7-ELEVEN NO. 33434A, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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711 Market Street.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 03-05-269.
FOR HEARING TODAY.
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(6) APPEAL NO. 05-132
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7-ELEVEN NO. 23342E, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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3080 San Jose Avenue.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 13, 2005. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. 05-05-268.
FOR HEARING TODAY.
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(7) APPEAL NO. 04-203
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KEN PAGE
& VINCENT LEGER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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21 Buena Vista East Avenue.
Appealing a Permit Suspension Request dated December 14, 2004, addressed to Dept. of Building Inspection Acting Director Jim Hutchinson, requesting that all building permits at the subject property be suspended. Reasons for suspension: the Planning Dept. believes the owners have pursued a “serial permitting” strategy to effectively convert the home in question from 14 guest rooms and one dwelling unit into a single-family dwelling without proper public notification and in contradiction of the Planning Commission’s policies.
APPLICATION NOS. 2004/02/27/7379, 2004/02/27/7382, 2004/06/28/7501 & 2004/06/28/7503.
FOR HEARING TODAY.
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(8) APPEAL NO. 05-075
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PAT BUSCOVICH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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2201 Baker Street.
Protesting the issuance on April 12, 2005, to Hassan Kangarloo, Permit to Alter a Building (on 13-unit residential/tourist hotel: change of occupancy class only, to single-family dwelling; no construction to take place on property; all drawings are shown “as-built”; building has full sprinkler suppression system).
APPLICATION NO. 2005/04/12/9782.
FOR HEARING TODAY.
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(9) APPEAL NO. 05-149
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IAN HADDOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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538 Laidley Street.
Protesting the issuance on August 24, 2005, to Kenneally Construction, Permit to Demolish a Building (one-story single-family house with 700sf of ground floor area).
APPLICATION NO. 2005/08/24/1170.
FOR HEARING TODAY.
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(10) APPEAL NO. 05-158
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EDDY & ANITA MAMOUN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1294 Union Street.
Protesting the issuance on September 12, 2005, to David Lichman & Margaret Mak, Permit to Alter a Building (on single-family house: revisions to BPA No. 2005/06/22/5759; to show additional framing, existing and proposed roof heights, new barbecue and glass railing locations).
APPLICATION NO. 2005/09/12/2556.
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 3rd, 2005
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA PRESIDENT
FRANK FUNG VICE PRESIDENT
KATHARINE ALBRIGHT 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, 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: 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.
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.
