2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JANUARY 19, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
(1) ANNUAL ELECTION OF PRESIDENT & VICE PRESIDENT:
(2) 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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(3) COMMISSIONERS COMMENTS & QUESTIONS:
(4) ADDENDUM ITEMS: None.
(5) APPEAL NO. V04-135
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STEPHAN SMITH & ALEX AGBAY, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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23 Eureka Street.
Protesting the granting on September 24, 2004, to Holger Menendez (Subject Property Owners Nancy & Patrick Hamill), Rear Yard Variance (proposal is to raise by 5’-6” the rear building that encroaches into the required rear yard to create habitable area at the ground floor).
VARIANCE CASE NO. 2004.0070V.
FOR HEARING TODAY.
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(6) APPEAL NO. 04-152
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WYATT DAVID KAELIN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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460 Noe Street.
Protesting the issuance on October 9, 2004, to Gerald & Joanna Piazza, Permit to Remove & Replace Two (2) Trees.
ORDER NO. 175,002.
FOR HEARING TODAY.
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(7) APPEAL NO. 04-035
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CRYSTAL LEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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337 – 28th Avenue.
Appealing the suspension on April 23, 2004, of Building Permit Application No(s). 2003/04/15/2287, 2003/07/15/9528, & 2003/05/27/5515. Reason(s) for suspension: the scope of work and building information described on the building permit applications and approved plans does not reflect the actual condition and legal use of the building.
PUBLIC HEARING HELD AUG. 18, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(8) APPEAL NO. 04-132
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ALISON JOSEPH, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1244 – 1268 Sutter Street.
Appealing a determination dated September 17, 2004, addressed to Alison Joseph, that the proposed office expansion at 1268 Sutter Street requires a Planning Code § 321 application for office space and a Conditional Use (CU) application for change of use above the ground story.
PUBLIC HEARING HELD & CLOSED ON DEC. 15, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(9) APPEAL NO. 04-119
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YIM HO & CHEUNG KAM LEUNG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: CLEMENT CHEUNG
& PING WONG
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331 Girard Street.
Appealing the denial on September 3, 2004, of Permit to Alter a Building (on single-family house: repair fire damage; interior alteration; add one story plus rear addition; and one more unit).
APPLICATION NO. 2003/12/01/1345S.
FOR HEARING TODAY.
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(10) APPEAL NO. 04-120
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1776 SACRAMENTO STREET
HOMEOWNER’S ASSOCIATION, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subj. Prop. Owner(s): AMERICAN BUDDHIST
CULTURAL SOCIETY
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1750 Van Ness Avenue.
Appealing a determination dated August 30, 2004, addressed to Stephen Williams, that because Planning Code § 243(c)(8)(D) references use limits prescribed under § 243(c)(8)(A), and since § 243(c)(8)(A) specifically identifies “non-residential uses” to which the use limitation would be applicable, a use is considered nonconforming only when the ratio of specified residential uses to the specified non-residential uses is not met; and that those uses not specifically listed under “non-residential uses” and which do not meet the prescribed ratio would not be considered nonconforming uses provided they are permitted by the underlying zoning controls of the Van Ness Special Use District.
FOR HEARING TODAY.
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ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 04-147
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ESTHER LAU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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454 – 17th Avenue.
Protesting the issuance on October 1, 2004, to Curt Sigfstead & Lara Witter, Permit to Alter a Building (on single-family house: master bath addition; bathroom renovation on 3rd floor to comply with NOV No. 200453961).
APPLICATION NO. 2004/10/01/5795.
FOR HEARING TODAY.
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(11B) APPEAL NO. 04-174
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ESTHER LAU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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454 – 17th Avenue.
Protesting the issuance on November 12, 2004, to Curt Sigfstead & Lara Witter, Permit to Alter a Building (on single-family house: dry rot framing and siding repair, refer to Building Permit Application No. 2004/10/01/5795 and NOV No. 200455119).
APPLICATION NO. 2004/11/12/9044.
FOR HEARING TODAY.
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ITEMS (12A), (12B) & (12C) SHALL BE HEARD TOGETHER:
(12A) APPEAL NO. 04-146
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ANN FITZPATRICK, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3620 – 19th Street.
Protesting a determination dated September 29, 2004, addressed to James Reuben at Reuben & Junius LLP, that the project (39-unit residential Planned Unit Development with 52 off-street parking spaces), as revised in 2004, and as presented to the Planning Commission on Sept. 9, 2004, is in substantial compliance with the plans dated June 18, 2001, which were reviewed and considered by the Board of Supervisors on June 25, 2001 (File 011224), and that a two-year extension for implementation of the project is warranted.
FOR HEARING TODAY.
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(12B) APPEAL NO. 04-148
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EILEEN GOLD
& SAANDRA NAZZAL, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3620 – 19th Street.
Protesting a determination dated September 29, 2004, addressed to James Reuben at Reuben & Junius LLP, that the project (39-unit residential Planned Unit Development with 52 off-street parking spaces), as revised in 2004, and as presented to the Planning Commission on Sept. 9, 2004, is in substantial compliance with the plans dated June 18, 2001, which were reviewed and considered by the Board of Supervisors on June 25, 2001 (File 011224), and that a two-year extension for implementation of the project is warranted.
FOR HEARING TODAY.
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(12C) APPEAL NO. 04-149
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EARL BROWN
& CORDELIA BROWN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3620 – 19th Street.
Protesting a determination dated September 29, 2004, addressed to James Reuben at Reuben & Junius LLP, that the project (39-unit residential Planned Unit Development with 52 off-street parking spaces), as revised in 2004, and as presented to the Planning Commission on Sept. 9, 2004, is in substantial compliance with the plans dated June 18, 2001, which were reviewed and considered by the Board of Supervisors on June 25, 2001 (File 011224), and that a two-year extension for implementation of the project is warranted.
FOR HEARING TODAY.
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(13) APPEAL NO. 04-151
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VAN NESS TOWERS LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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724-730 Van Ness Ave. / 640-660 Turk St.
Appealing a determination dated October 6, 2004, addressed to Charles Marsteller, that a new conditional use (CU) application and variance application are required to modify this previously approved project (two-tower development containing 141 dwelling units with ground floor retail spaces, and a garage containing 51 automobile parking spaces, 40 bicycle spaces and 2 service vehicle loading spaces).
FOR HEARING TODAY.
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ITEMS (14A) & (14B) SHALL BE HEARD TOGETHER:
(14A) APPEAL NO. 04-153
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MIKE GARZA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1320 Wallace Street.
Appealing a Notice of Violation dated October 1, 2004, addressed to Mike Garza & Victoria Thompson, 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.
FOR HEARING TODAY.
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(14B) APPEAL NO. 04-167
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MIKE GARZA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
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1320 Wallace Street.
Appealing a Notice of Violation dated October 13, 2004, addressed to Mike Garza, that Building Permit Application No(s). 294836-1 to erect a one-story block wall and wood frame building expired in 1965; that a change in use from storage to auto salvage has occurred without a permit; that perimeter walls have been constructed out of CMU block wall, wood, and cyclone fencing to a height of 10-12 feet without permits or inspections; that walls lack lateral support and are leaning unsafely at the south, north and east property lines; that an opening in the wall is cracked; and that the building and property is unsafe.
FOR HEARING TODAY.
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(15) APPEAL NO. 04-172
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PATRICIA & PHILIP KWAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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110 Castanada Avenue.
Protesting the issuance on November 10, 2004, to Michael Conley, Permit to Alter a Building (on single-family house: removal of concrete stairs on side of house; extension of wood staircase to platform at side door; addition of legal retaining wall with fence on top to comply with NOV).
APPLICATION NO. 2004/11/10/8969.
FOR HEARING TODAY.
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ITEMS (16A) & (16B) SHALL BE HEARD TOGETHER:
(16A) APPEAL NO. 04-177
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WILBERT WONG, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Subject Property Owner(s): CHRIS FOLEY
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1234-1268 Grant Avenue.
Protesting a determination dated November 8, 2004, addressed to Alice Barkley, that condition of approval no. 6 of Planning Commission Motion No. 10962, which limits the conditional restaurant use at the subject property to operation by Bruno Orsi and Lorenzo Petroni, is null and void; and that the conditional restaurant use has not been abandoned since the restaurant closure in Jan. 2001, and has in essence continued to be actively marketed as a restaurant.
FOR HEARING TODAY.
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(16B) APPEAL NO. 04-183
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WILBERT WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1234-1268 Grant Avenue.
Protesting the issuance on November 23, 2004, to Chris Foley, Permit to Alter a Building (non-load bearing partitions on 1st and 2nd floors).
APPLICATION NO. 2004/11/23/9923.
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: January 13th, 2005
MEMBERS OF THE BOARD OF APPEALS
KATHLEEN HARRINGTON PRESIDENT
HISASHI B. SUGAYA VICE PRESIDENT
FRANK FUNG COMMISSIONER
RANDALL KNOX COMMISSIONER
SABRINA N. SAUNDERS 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: Donna Hall, Sunshine Ordinance Task Force, City Hall, Room 409, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4683, Phone (415) 554-7724, fax (415) 554-7854, and e-mail Donna_Hall@ci.sf.ca.us. Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library, and on the City's website at www.ci.sf.ca.us/sfbos.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.
