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 23, 2008
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) REHEARING REQUEST:
|
Subject property at 266 Sutter Street, 5th Floor. Letter from Arthur Liu, attorney for Dynamic Acupuncture & Acupressure Clinic, appellant, requesting rehearing of Appeal No. 07-101, D.A.A.C. vs. ZA, decided Sept. 19, 2007. At that time, upon motion by Vice President Garcia, the Board voted 2-2-1 (President Knox and Commissioner Haaland dissented, Commissioner Albright absent) to uphold the subject Notice of Violation (NOV) regarding the establishment of a non-authorized massage establishment at the subject property. Four votes being required to overturn a departmental action under the City Charter, the subject NOV was upheld.
|
(3b) ADOPTION OF FINDINGS:
|
Subject property at 78 Peralta Avenue Appeal No. V07-133, Scull vs. ZA, decided November 7, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (President Knox dissented) to overrule the denial, and grant the variance with findings to be adopted at a later date. Project: 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.
|
(4) APPEAL NO. 07-048
|
EDWARD IP, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
834 – 44th Avenue.
Appealing a Notice of Decision by the Director of the Dept. of Building Inspection, dated April 11, 2007, regarding allegations of an unlawful residential demolition at the subject property.
PUBLIC HEARING HELD & CLOSED ON JUNE 20, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant to seek a settlement with adjacent neighbors, submit revised plans, and for the Planning Dept. to review the matter.
|
(5) APPEAL NO. 07-203
|
SAFEWAY STORE NO. 4601, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
|
145 Jackson Street.
Appealing a fifteen (15) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Oct. 10, 2007. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-07-205.
FOR HEARING TODAY.
|
(6) APPEAL NO. 07-205
|
HDS RETAIL NORTH AMERICA LP
dba “PRESS RELAY”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
|
555 California Street.
Appealing a thirty (30) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Oct. 10, 2007. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-07-203.
FOR HEARING TODAY.
|
(7) APPEAL NO. 07-206
|
SANDRA LANE
dba “MUZZY’S ATTIC”, Appellant(s)
vs.
POLICE DEPARTMENT, Respondent
|
3448 Balboa Street.
Appealing the revocation on Oct. 10, 2007, of Second Hand Dealer/ Antique Shop Permit (P52).
ACCOUNT NO. 1302.
FOR HEARING TODAY.
|
(8) APPEAL NO. 07-159
|
NANCY HOUSE Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
|
75 Folsom Street.
Appealing the denial on August 31, 2007, of Permit to Alter a Building (on 67-unit apartment building: merge units 905 and 906 into one unit; remove wall between units).
APPLICATION NO. 2007/01/16/1750.
FOR HEARING TODAY.
|
Note: Appeal No. 07-159 at 75 Folsom Street will be rescheduled to March 12, 2008 at the request of the appellant and with the agreement of the Planning Department.
(9) APPEAL NO. 07-200
|
CHRISTMAS LEUBRIE,
ALICE HEIMSOTH, BARBARA WARD
& HERMINIA ALBARRAN-ROMERO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
259-261-263 Bartlett Street.
Protesting the issuance on Aug. 17, 2007, to Derning-Throne Inc., Permit to Alter a Building (on six-unit apartment building: foundation upgrade, 1st floor framing upgrade to accommodate installation of garages; new shear wall upgrade in garage; repair backstairs; no work on exterior elevation to be done.
APPLICATION NO. 2007/08/02/8574.
JURISDICTION GRANTED OCT. 3, 2007.
FOR HEARING TODAY.
|
(10) APPEAL NO. 07-201
|
DEBORAH HONIG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
82 – 22nd Avenue.
Protesting the issuance on Oct. 4, 2007, to Julie Kase, Permit to Alter a Building (on single-family house: add side deck to rear of home; less than 10’ off the ground).
APPLICATION NO. 2007/09/28/4049.
FOR HEARING TODAY.
|
(11) APPEAL NO. 07-202
|
PAUL ZINGARO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
2368 - 3rd Street.
Protesting the issuance on Oct. 5, 2007, to Richard Vila, Permit to Alter a Building (on single-family residential building / restaurant: remodel bar / restaurant kitchen and spend 20% of project cost to upgrade entry, path of travel and restrooms).
APPLICATION NO. 2007/03/15/6385.
FOR HEARING TODAY.
|
(12) APPEAL NO. 07-208
|
INDIA BASIN
NEIGHBORHOOD
ASSOCIATION, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
845-855 Hudson Avenue.
Protesting the issuance on Oct.16, 2007, to JJ Wintersteen, Permit to Alter a Building (construct new temporary metal canopies for welding and storage purposes; metal fabrication on an empty lot; two metal structures 15’ X 45’ and 20’ X 54’ in size).
APPLICATION NO. 2007/10/16/5543.
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: January 18, 2008
|
MEMBERS OF THE BOARD OF APPEALS
|
|
MICHAEL GARCIA
|
PRESIDENT
|
|
KATHARINE ALBRIGHT
|
VICE PRESIDENT
|
|
FRANK FUNG
|
COMMISSIONER
|
|
ROBERT HAALAND
|
COMMISSIONER
|
|
RANDALL KNOX
|
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 Board staff 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 Board staff, 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.
