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 16, 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) SPECIAL ITEM: Proposed departmental annual budget for fiscal year 2005-2006. For public hearing, discussion and adoption.
(4) ADDENDUM ITEMS:
(4A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1401 Folsom Street. Permit issued on Nov. 12, 2004. Last day to appeal was Nov. 29, 2004. Jurisdiction request received on Jan. 21, 2005. Letter from Tony Leones, attorney for Viacom Outdoor Inc., requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/06/08/5840. Permit Holder(s): Violet Taaffe. Project: 14’-0” X 48’-0” freestanding sign, general advertising, single face, sign replacement.
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(4B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2599 San Bruno Avenue. Permit issued on Dec. 13, 2004. Last day to appeal was Dec. 28, 2004. Jurisdiction request received on Jan. 21, 2005. Letter from Tony Leones, attorney for Viacom Outdoor Inc., requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/08/25/2480. Permit Holder(s): Advertising Display Systems. Project: replacement of previously approved free standing general advertising sign, (permit no. 252656, May 24, 1963), 45’-0” to bottom of sign.
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(4C) REHEARING REQUESTS:
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Subject property at 4001 Mission Street and 8 Murray Street. Letter from Otto Wiegand, appellant, requesting rehearing of Appeal No(s). 04-094 & 04-102, decided January 12, 2005. At that time, upon motion by President Harrington, the Board voted 4-1 (Vice President Sugaya dissented) to uphold the subject permits with revised plans as submitted by the permit holder. Project: 1st permit at 4001 Mission Street, 4-story, 3-unit condominium building. Project: 2nd permit at 8 Murray Street, 4-story, 3-unit condominium building. Permit Holder(s): James O’Donovan.
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(4D) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 3321 – 20th Street. Variance denied on January 5, 2005. Last day to appeal was Jan. 18, 2005. Jurisdiction request received on Jan. 26, 2005. Letter from Kaushik Dattani, requestor(s), asking that the Board take jurisdiction over variance decision no. 2004.0624V (denial of rear yard variance for construction of a two-story addition on top of an existing building).
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ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) 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.
PUBLIC HEARING HELD FEB. 2, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(5B) 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.
PUBLIC HEARING HELD FEB. 2, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(6) APPEAL NO. 04-165
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THANH NGO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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495 Country Club Drive.
Protesting the issuance on October 19, 2004, to Thomas Ngai, Permit to Alter a Building (on single-family house: to erect a 6’ fence with 12” lattice section; to complete a 7’ high fence on 3 sides and to comply with NOV).
APPLICATION NO. 2004/10/19/7124.
FOR HEARING TODAY.
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(7) APPEAL NO. 04-168
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DANIEL ORTEGA
& CANDACE HAMILTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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650 – 20th Avenue.
Protesting the issuance on October 26, 2004, to Raymond Lui & Amy Leung, Permit to Alter a Building (two units on 2nd floor to be converted to one unit).
APPLICATION NO. 2004/09/22/4914.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-171
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FRED BULLOCK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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567 Sanchez Street.
Protesting the issuance on October 29, 2004, to Ed Hardy, Permit to Erect a Building (3-story single-family house with 1,168sf of ground floor area).
APPLICATION NO. 2002/07/31/2759.
FOR HEARING TODAY.
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(9) APPEAL NO. 04-207
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MARK WELCH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3016 Pine Street.
Protesting the issuance on December 14, 2004, to Ray Steffen, Site Permit to Alter a Building (on single-family house: horizontal and vertical addition; add decks, enlarge kitchen, add bedrooms and bathrooms).
APPLICATION NO. 2004/01/29/5170S.
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 10th, 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.
