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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, FEBRUARY 22, 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) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 4201-4211 Judah Street. Letter from Andrew Zacks, attorney for Bhazubai Patel, Appellant, requesting rehearing of Appeal No(s). 97-165, Patel vs. ZA, decided Feb. 18, 1998. Upon motion by Commissioner Salgado, the Board voted 1-4 (President Cullum, Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to uphold the subject determination. Two votes are needed to uphold a departmental action, and thus the motion failed. Afterwards, upon motion by Commissioner Schwartz, the Board voted 3-2 (President Cullum and Commissioner Salgado dissented) to overrule the subject determination. Four votes being necessary to overturn any departmental action, the motion failed, and thus the subject determination was upheld. Then, on April 1, 1998, the Board considered the request for rehearing by the appellant. At that time, upon motion by Commissioner Salgado, the Board voted 2-3 (Vice President McInerney, Commissioner Chin and Commissioner Schwartz dissented) to deny the request for rehearing. Afterwards, upon motion by Vice President McInerney, the Board voted 3-2 to continue the matter to await action by the Superior Court. Note: This matter was returned to the Call of the Chair at the request of both parties in October, 2002.
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(3b) ADOPTION OF FINDINGS:
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Subject property at 1824 Baker Street. Appeal No(s). 05-191, Wynne vs. DBI, decided February 8, 2006. At that time, upon motion by Commissioner Sugaya, the Board voted 5-0 to overrule the denial, and grant the permit with findings to be adopted at a later date. Project: legalize conversion from 7 dwelling units to 2 dwelling units, B.P.A. No. 2003/10/03/6524.
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(4) APPEAL NO. 98-046
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GERARDO PINTO & MARIANNE RUDDY,
Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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1506‑08 Alabama Street.
Denial on March 6, 1998, of permit to Alter a Building (legalize flat on ground floor; add windows in kitchen and living room; add fan and light in bathroom; provide fire wall and door between garage and flat).
APPLICATION NO. 9802518S.
PUBLIC HEARINGS HELD & CLOSED ON NOVEMBER 18, 1998 & FEBRUARY 17, 1999. FOR FURTHER CONSIDERATION TODAY.
Note: Returned to Call of Chair per Board motion on Oct. 30, 2002.
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(5) APPEAL NO. 00-096
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TREVOR FOOKS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1623-1625 Noe Street.
Zoning Administrator's determination dated June 13, 2000 that under the RH-2 zoning of the property, the illegal third basement unit of the two-unit building must be removed, and with certain alterations the space may remain habitable space as part of one of the two lawful units.
PUBLIC HEARING HELD & CLOSED ON JULY 26, 2000. FOR FURTHER CONSIDERATION TODAY.
Note: Returned to Call of Chair per Board motion on Oct. 30, 2002.
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(6) APPEAL NO. 01-040
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RICK HOLMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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445 Bryant Street.
Protesting issuance on January 29, 2001, to Armax, Inc., Site Permit to Erect a Building (eight live/work units).
APPLICATION NO. 2000/09/15/7935S.
PUBLIC HEARING HELD & CLOSED ON MAR. 13, 2002 & JUNE 12, 2002. FOR FURTHER CONSIDERATION TODAY.
Note: Returned to Call of Chair at request of parties, and per Board motion on Oct. 30, 2002.
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(7) APPEAL NO. 05-128
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JAMES WITHRINGTON
dba “GO CAR RENTALS”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
PLANNING DEPT. DISAPPROVAL
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2715 Hyde Street.
Appealing the denial on July 7, 2005, of a Driverless Auto Rental Permit (P02).
PUBLIC HEARING HELD & CLOSED ON NOVEMBER 2, 2005. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow appellant time to research other possible options with the Planning Department.
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(8) APPEAL NO. 05-174
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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 5, 2005, to Mikhail Kurgatnikov, Permit to Alter a Building (on 2-unit building: 1st floor remodel, bedroom and study; 2nd & 3rd floor remodel, kitchen and bathroom; add new bathrooms (interior remodeling); all work is within the existing envelope of building).
APPLICATION NO. 2005/10/05/4858.
PUBLIC HEARING HELD & CLOSED ON DEC. 7, 2005. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for permit holder to work with DBI Code Enforcement on stair (2nd means of egress) issue.
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ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 05-200
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GUY CARSON, MICHAEL SIDLOW,
& TOM LANGSTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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744 Union Street #5.
Protesting the issuance on November 23, 2005, to W.B. Coyle, Permit to Alter a Building (renew B.P.A. No. 2005/04/28/1102; on 6-unit apartment building; remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).
APPLICATION NO. 2005/11/23/8922.
FOR HEARING TODAY.
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(9B) APPEAL NO. 05-201
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GUY CARSON, MICHAEL SIDLOW,
& TOM LANGSTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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744 Union Street #2.
Protesting the issuance on November 23, 2005, to W.B. Coyle, Permit to Alter a Building (renew B.P.A. No. 2005/04/28/1105; on 6-unit apartment building; remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).
APPLICATION NO. 2005/11/23/8924.
FOR HEARING TODAY.
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ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 06-005
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DEAN DYER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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296 Dalewood Way.
Protesting the issuance on December 21, 2005, to Sandra Waugh Palmero, Permit to Alter a Building (on single-family house: new retaining wall in rear yard, maximum height at 7’ – 0”).
APPLICATION NO. 2005/09/27/3979.
FOR HEARING TODAY.
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(10B) APPEAL NO. 06-006
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DEAN DYER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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292 Dalewood Way.
Protesting the issuance on December 21, 2005, to James Wempe, Permit to Alter a Building (on single-family house: new retaining wall in rear yard, maximum height at 7’ – 0”).
APPLICATION NO. 2005/09/27/3974.
FOR HEARING TODAY.
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(11) APPEAL NO. 06-007
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MICHAEL ROSENBERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1366 San Bruno Avenue.
Protesting the issuance on January 5, 2006, to Frank Stonich, Permit to Demolish a Building (one-story structure, storage-use, with 425sf of ground floor area).
APPLICATION NO. 2005/11/22/8839.
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: February 16, 2006
MEMBERS OF THE BOARD OF APPEALS
FRANK FUNG PRESIDENT
RANDALL KNOX VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
MICHAEL GARCIA COMMISSIONER
HISASHI B. SUGAYA COMMISSIONER
CLAUDINE WOEBER - OFFICIAL COURT REPORTER – TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net. THE PRESIDING OFFICER WILL CALL A RECESS AT 6:30 PM AND 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 officialrecord 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.
