2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, FEBRUARY 23, 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) REHEARING REQUEST:
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Subject property at 7909-7911 Geary Boulevard. Letter from Stephen Williams, attorney for appellants Neil & Nea Hanscomb, requesting rehearing of Appeal No(s). 04-139, Hanscomb vs. DBI, PDA, decided January 12, 2005. At that time, upon motion by Vice President Sugaya, the Board voted 5-0 to uphold the subject permit with the following condition(s): a) that a Notice of Special Restrictions be recorded on the land records limiting the use of the building to two-family; and b) that full detailed plans be submitted to the Planning Department. Project: on 2-unit residential building, add family room and 2 decks per plans. Permit Holder(s): Paul Detimofeev.
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(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 3739 Lawton Street. Permit issued on Nov. 23, 2004. Last day to appeal was Dec. 8, 2004. Jurisdiction request received on Jan. 31, 2005. Letter from Raquel Fox, attorney for Cynthia Schaer & Christina Ayesha, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/11/23/9976. Permit Holder(s): Valborg Wiederhold. Project: on single-family house, remove bathroom, remove cabinet, remove sink, cap pipes, and remove wall on ground floor.
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(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 83 Harrington Street. Permit issued on Dec. 17, 2004. Last day to appeal was Jan. 3, 2005. Jurisdiction request received on Jan. 31, 2005. Letter from Joanne Zou, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/12/17/1673. Permit Holder(s): Shuen Yueng Temple. Project: on single-family house, correct NOV no. 200454053, remove 10’ deep X 25’ wide enclosure to original deck.
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(3D & E) REHEARING REQUESTS:
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Subject property at 3620 – 19th Street. Letters from Eileen Gold, Saandra Nazzal, and Earl Brown, appellants, requesting rehearing of Appeal No(s). 04-148, Gold & Nazzal vs. ZA, & 04-149, Brown vs. ZA, decided Jan. 19, 2005. At that time, upon motion by Commissioner Fung, the Board voted 2-2-1 (Vice President Sugaya & Commissioner Knox dissented, Commissioner Saunders absent) to uphold the subject determination with a finding that the Zoning Administrator abused his discretion when he determined that the west side interior units’ west facing 2nd floor (bedroom) windows were in compliance with the plans approved by the Board of Supervisors on June 25, 2001. 4 out of 5 votes being required to overturn or modify a departmental action under Charter § 4.106(d), the motion failed, and the subject determination was upheld without any modifications.
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(3F) REHEARING REQUEST:
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Subject property at 1320 Wallace Street. Letter from Mike Garza, appellant, requesting rehearing of Appeal No(s). 04-153, Garza vs. ZA, decided Jan. 19, 2005. At that time, upon motion by Commissioner Knox, the Board voted 3-1-1 (President Harrington dissented, Commissioner Saunders absent) to uphold the subject Notice of Violation by the Zoning Administrator. Notice of Violation: that the subject property is being used as a junkyard in violation of the Planning Code since a junkyard is not a permitted use in the M-1 (light industrial) zoning district.
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(4) APPEAL NO. 03-193
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PATRICK McDERMOTT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1956-1960 Fell Street.
Re: Permit to Convert (from 8 residential guest rooms and 1 dwelling unit into 3 dwelling units).
Note: Pursuant to McDermott vs. City & County of San Francisco, Case No. 504-258, the Board is required (1) to set aside its decision of March 3, 2004 on the appeal of Patrick McDermott, and (2) to require the Dept. of Building Inspection not to enforce the replacement unit provisions of the Hotel Conversion Ordinance (HCO) against the appellant.
FOR FURTHER CONSIDERATION TODAY.
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(5) APPEAL NO. 04-155
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ZHANG PING GAO dba
“LOTUS FLOWER HEALTH CENTER”,
Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3800 Noriega St. / 1789 – 45th Ave.
Appealing a Health Permit Zoning Referral (Acupuncture, Acupressure & Massage) dated October 4, 2004, addressed to Zhang Ping Gao, that Planning Code § 710.51 prohibits the use of a second floor in an NC-1 (Neighborhood Commercial) zoning district for a medical-related business purpose, and that Planning Code § 204 only allows a massage business in an NC-1 zoning district as a secondary use on the premises, which has another primary permitted use.
FOR HEARING TODAY.
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(6) APPEAL NO. 04-173
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LEUNG TO CHOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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323 – 26th Avenue.
Appealing a Notice of Decision by Dept. of Building Inspection Acting Director Jim Hutchinson, dated November 5, 2004, addressed to Leung to Chow and Chris Moscone, which states that an unlawful residential demolition has taken place at the subject property within the meaning of San Francisco Building Code §§ 103.3, 103.3.1, and 103.3.2, that Building Permit Application No(s). 2002/03/11/1078S1-5 & 2004/05/18/4138 are hereby revoked, and that a 5-year moratorium on the issuance of building permits is hereby imposed pursuant to San Francisco Building Code § 103.3.1.
FOR HEARING TODAY.
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(7) APPEAL NO. 04-178
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PATRICIA VAUGHEY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2775 Filbert Street.
Appealing a determination dated November 5, 2004, addressed to Patricia Vaughey, regarding construction of fencing at the subject property, and in reference to Building Permit Application No(s). 2004/05/28/5113, which was approved for construction of a 10-foot tall fence.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-179
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JACKSON LIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1771 – 16th Avenue.
Protesting the issuance on November 8, 2004, to Charles & Pearl Wong, Site Permit to Alter a Building (on single-family house: horizontal rear extension of 20’–6” plus a new full story above existing 1st floor).
APPLICATION NO. 2003/10/07/6697S.
FOR HEARING TODAY.
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(9) APPEAL NO. 05-006
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KENT deGROOT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3939 – 20th Street.
Protesting the issuance on December 30, 2004, to Westminster Trust, Permit to Alter a Building (on 10-unit apartment building: install 4’ tall steel fence on roof to prevent people from accessing roof).
APPLICATION NO. 2004/12/30/2368.
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 17th, 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.
