2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, AUGUST 29, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
(1) PUBLIC COMMENT:
|
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.
|
(2) COMMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3a) SPECIAL ITEM:
|
Subject property at 2440 Scott Street. Board final action on Appeal V06-193 was on March 7, 2007. Last day to request a rehearing was March 19, 2007. Jurisdiction request received on July 18, 2007. Letter from Tuija Catalano, attorney for Kevin Connors Trust, asking that the Board reopen the 10-day rehearing request period for Appeal V06-193, Goldin & Keenan vs. ZA, decided February 7, 2007, and findings adopted on March 7, 2007. On Feb. 7, 2007, upon motion by Vice President Garcia, the Board voted 5-0 to revoke the subject variance with findings to be adopted at a later date. On March 7, 2007, upon motion by Commissioner Haaland, the Board voted 5-0 to adopt the findings. Project: construct a new three-story spiral staircase at the rear of the existing three-story building; variance case no. 2006.0216V. Variance Holder: Kevin Connors Trust.
|
(3b) SPECIAL ITEM / JURISDICTION REQUEST:
|
Subject property at 1844 Market Street. Letter from Susan Zemsky, requestor, asking that the Board allow the filing of an appeal against BPA No. 2006/07/14/6588S, issued on July 17, 2007, which was issued pursuant to Conditional Use (CU) Motion No. 17245 by the Planning Commission. Permit Holder: Bayrock Residential. Project: construction of eight-story, 113-unit, residential / commercial building with 16,824sf of ground floor area.
|
(3c) REHEARING REQUEST:
|
Subject property at 121 Brighton Avenue. Letter from Gerrie Scott, appellant, requesting rehearing of Appeal No. 07-061, Scott vs. DBI, PDA, decided July 18, 2007. At that time, upon motion by Commissioner Haaland, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject permit. Permit Holder: Luis Pereda. Project: on single-family house, legalize three existing rooms and bath; City records currently describe the building as one story @ 836sf over garage; building is currently 1,100sf of habitable space; 1,256sf on 2nd floor, and a 357sf bedroom and bath facing the rear yard on ground floor; add one story per plans; BPA No. 2006/06/07/3368.
|
(3d) REHEARING REQUEST:
|
Subject property at 60 Clarendon Avenue. Letter from Elva Harding, attorney for Gaetano Zaneli, appellant, requesting rehearing of Appeal No. 07-062, Zaneli vs. DBI, decided July 18, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject permit. Permit Holder: Tom McGrath. Project: on single-family house, revision to BPA No. 2004/04/22/2053; change 10 piers to soldier piers; BPA No. 2007/05/01/0078.
|
(3e) REHEARING REQUEST:
|
Taxi Commission’s Public Convenience & Necessity Finding. Letter from Peter Witt, appellant, requesting rehearing of Appeal No. 07-097, Witt vs. TC, decided July 18, 2007. At that time, upon motion by President Knox, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the Taxi Commission with a finding that the public’s convenience and necessity requires the issuance of the subject twenty-five (25) new alternative fuel or hybrid taxi permits, and twenty-five (25) new ramped taxi permits. Taxi Commission Resolution No. 2007-20.
|
(3f) SPECIAL ITEM:
|
Subject property at 943 Church Street. Partial suspension of permit effective on June 22, 2007. Last day to appeal was July 9, 2007. Jurisdiction request received on July 17, 2007. Letter from Kevin Cheng and Todd Mavis, requestors, asking that the Board take jurisdiction over the partial suspension of BPA No. 2005/06/14/5053 by the Dept. of Building Inspection at the request of the Zoning Administrator. Project: new vertical addition to single-family dwelling; create one new unit; and remodel unit. Note: On Aug. 1, 2007, the Board voted 3-1-1 (Commissioner Haaland dissented, Commissioner Albright absent) to grant the jurisdiction request; four votes being required to grant jurisdiction, the request was denied. PUBLIC HEARING CLOSED, PUBLIC COMMENT LIMITED TO ISSUES CONCERNING RECISSION: a) Discussion and possible action to rescind vote on Jurisdiction Request taken August 1, 2007 due to Commissioners' error; and (b) Discussion and possible vote on whether to grant jurisdiction request for late filing of appeal .
|
(3g) REHEARING REQUEST:
|
Subject property at 2116 Irving Street. Letter from Wilbur Woo, appellant, requesting rehearing of Appeal No. 07-060, Woo vs. ZA, decided August 1, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject Notice of Violation that the “Quickly” establishment at the subject property has not procured proper Planning Department authorization, in violation of Planning Code §§ 703.3 & 703.4.
|
(3h) REHEARING REQUEST:
|
Subject property at 383 Crestlake Drive. Letter from Stella Chiu, appellant, requesting rehearing of Appeal No. 07-069, Chiu vs. DBI, PDA, decided August 1, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-0-1 (Commissioner Albright absent) to uphold the subject permit. Permit Holders: Heddy & Monio Pilpel. Project: on single-family house, horizontal addition and some ground floor interior remodel to include family room, bedroom, bath, and laundry room; BPA No. 2006/07/20/7181S.
|
(3i) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
|
Subject property at 3525 – 16th Street. Permit issued on July 6, 2007. Last day to appeal was July 23, 2007. Jurisdiction request received August 13, 2007. Letter from Peter Young, James Skoulat, and Paul Sanford, requestors, asking that the Board take jurisdiction over Building Permit Application No. 2007/06/28/5346. Permit Holder: Donald Rice. Project: new rear deck and stair; less than 10’-0” above ground.
|
(4) APPEAL NO. 07-051
|
CHONG LOW, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
886-890 Lombard Street.
Appealing a Stop Work Order Request dated April 5, 2007, addressed to Isam Hasenin, Director of the Dept. of Building Inspection, asking that Building Permit Application No. 2006/10/23/5704 be suspended because the project (reconstruction of exterior stair at rear) requires neighborhood notification and possibly a variance.
PUBLIC HEARING HELD & CLOSED ON JULY 11, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant, neighbors, and Planning Dept. to negotiate a settlement.
|
ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 07-052
|
JAZZIE COLLINS, Appellant(s)
vs.
PLANNING COMMISSION, Respondent
Motion Holder(s): TENTH & MARKET LLC
|
1407-1435 Market Street.
Protesting the adoption of findings on April 5, 2007, related to the approval of a Planning Code § 309 determination of compliance and request for exceptions for the construction of a residential project containing approximately 719 dwelling units, approximately 19,000sf of retail space, and a garage with a capacity of up to 593 parking spaces.
MOTION NO. 17414.
PUBLIC HEARING HELD & CLOSED ON JULY 11, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued in order to decide the companion variance appeal at the same time.
|
(5B) APPEAL NO. V07-111
|
JAZZIE COLLINS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
1407-1435 Market Street
& 16-70 – 10th Street.
Protesting the granting on June 28, 2007, to Tenth & Market LLC, Elevator Penthouse Height Exemption, Usable Open Space Dimension, Dwelling Unit Exposure, Hazard-Level Wind, and Loading Entry Variances (construction of two buildings sharing a common base and containing approximately 719 dwelling units, approximately 19,000sf of retail space, and a garage with a capacity of up to 593 parking spaces).
VARIANCE CASE NO. 2006.0584V.
FOR HEARING TODAY.
|
(6) APPEAL NO. 07-078
|
SUZANNE BERGER, ROSS MOORE,
EARL STOKES, MICHAEL LOHCA,
& CHRIS ROLLINSON, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET-USE & MAPPING,
Respondent
|
3463 – 16th Street.
Protesting the issuance on May 10, 2007, to “Kape at 16th”, Café Tables & Chairs Sidewalk Permit.
ORDER NO. 176,847.
FOR HEARING TODAY.
|
(7) APPEAL NO. 07-081
|
SHLOMO GONEN
dba “MIDTOWN LOAN OFFICE”, Appellant(s)
vs.
POLICE DEPARTMENT,Respondent
|
39 – 6th Street.
Appealing the denial on March 27, 2007, of Pawnbroker Permit.
JURISDICTION GRANTED MAY 9, 2007.
FOR HEARING TODAY.
|
(8) APPEAL NO. 07-103
|
SHERATON HOTEL
FISHERMAN’S WHARF, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY,Respondent
|
2500 Mason Street.
Appealing the denial on June 11, 2007, of Permit to Remove & Replace Twelve (12) Trees.
ORDER NO. 176,890.
FOR HEARING TODAY.
|
(9) APPEAL NO. 07-077
|
THOMAS CORBETT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
2049 San Jose Avenue.
Appealing the imposition of penalty on May 22, 2007, for work done without a permit (on single-family house: remove illegal kitchen and bath on first floor garage level; cap all utilities at source; convert to storage).
APPLICATION NO. 2007/05/21/1814.
FOR HEARING TODAY.
|
(10) APPEAL NO. 07-079
|
DEAN BALLBACK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
741 Castro Street.
Protesting the issuance on May 23, 2007, to 741 Castro LLC, Permit to Alter a Building (on four-unit apartment building: new kitchen and bath cabinets, counters, and fixtures; plaster repair; installation to comply with energy codes, Title 24).
APPLICATION NO. 2007/05/23/2112.
FOR HEARING TODAY.
|
(11) APPEAL NO. 07-098
|
DOLORES STREET
HOLDINGS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
1266B Dolores Street.
Appealing a Notice of Violation dated June 1, 2007, addressed to Dolores Street Holdings LLC, regarding the unauthorized demolition of a previously existing (non-complying) one-story rear addition at the subject property.
FOR HEARING TODAY.
|
(12) APPEAL NO. V07-133
|
SUZANNE SCULL, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
|
78 Peralta Avenue.
Appealing the denial on August 3, 2007, of Parking Variance (removal of required conditions per Variance Case No. 1998.567V that allowed a second dwelling unit on the ground floor through the removal of the existing off-street parking space of the subject building).
VARIANCE CASE NO. 2007.0449V.
FOR HEARING TODAY.
|
ITEMS (13A), (13B), (13C), (13D), (13E) & (13F) SHALL BE HEARD TOGETHER:
(13A) APPEAL NO. 05-115
|
ANDRE MANDEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1166 Haight Street #7.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5100.
FOR HEARING TODAY.
|
(13B) APPEAL NO. 05-116
|
LEAH GUILLERMO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1166 Haight Street #1.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5684.
FOR HEARING TODAY.
|
(13C) APPEAL NO. 05-117
|
CHRISTOPHER DUTRA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1166 Haight Street #5.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5776.
FOR HEARING TODAY.
|
(13D) APPEAL NO. 05-118
|
SEAN COOPER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1166 Haight Street #8.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5703.
FOR HEARING TODAY.
|
(13E) APPEAL NO. 05-139
|
OLIVIA PLATFORD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1166 Haight Street #11.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5631.
JURISDICTION GRANTED AUG. 10, 2005.
FOR HEARING TODAY.
|
(13F) APPEAL NO. 05-140
|
FRICK DEAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1166 Haight Street #12.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5635.
FOR HEARING TODAY.
|
ITEMS (14A) & (14B) SHALL BEHEARD TOGETHER:
(14A) APPEAL NO. 06-087
|
DONG FU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
838 Alabama Street.
Protesting the issuance on May 12, 2006, to James McFadden, Permit to Alter a Building (on single-family house: replace windows in front and back; raise basement by 1’ – 6”; adjust new roof line to accommodate joist; add new beams and shear walls on upper floors to reinforce layout and install tile over concrete steps as needed; new laundry at basement and new layout on 1st floor; new stairs; interior remodel).
APPLICATION NO. 2006/05/12/1526.
FOR HEARING TODAY. Note: The Board voted 5-0 on July 26, 2006 to continue the matter to Call of Chair at the request of DBI.
|
(14B) APPEAL NO. 07-072
|
TONY FU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
838 Alabama Street.
Protesting the issuance on May 9, 2007, to Jersey Street Associates LLC, Site Permit to Alter a Building (on single-family house: consolidate under single permit all work previously shown under BPA Nos. 2006/03/22/7327, 2006/04/20/9476, 2006/05/03/0499, 2006/05/03/0547, and 2006/05/12/1526; new work not shown previously (clearly) for notification includes raising building 18 inches, infilling light well at north side, and developing basement into habitable space).
APPLICATION NO. 2006/11/15/7736S.
FOR HEARING TODAY.
|
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: August 23, 2007
|
MEMBERS OF THE BOARD OF APPEALS
|
|
RANDALL KNOX
|
PRESIDENT
|
|
MICHAEL GARCIA
|
VICE PRESIDENT
|
|
KATHARINE ALBRIGHT
|
COMMISSIONER
|
|
FRANK FUNG
|
COMMISSIONER
|
|
ROBERT HAALAND
|
COMMISSIONER
|
EASTELLER BRUIHL - OFFICIAL COURT REPORTER – TEL: 415.348.0050– FAX: 415.348.0077 –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 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 Victor Pacheco at 575-6880 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.
