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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, OCTOBER 17, 2007
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) COMMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1675 – 11th Avenue. Permit issued on February 1, 2007. Last day to appeal was February 16, 2007. Jurisdiction request received May 4, 2007. Letter from Rose Tom-Tsai, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2004/06/15/6478S. Permit Holder: James Chan. Project: horizontal and vertical addition while adding 2nd dwelling unit.
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(3b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1675 – 11th Avenue. Permit issued on March 14, 2007. Last day to appeal was March 29, 2007. Jurisdiction request received June 7, 2007. Letter from Rose Tom-Tsai, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2007/03/14/6243. Permit Holder: James Chan. Project: revise egress stairs at rear per plans under BPA No. 2004/06/15/6478S.
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(3c) ADOPTION OF FINDINGS:
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Subject property at 3099 – 22nd Street. Appeal No. 07-067, KAWBHC LLC vs. ZA, decided Sept. 19, 2007, At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to overrule the Letter of Determination with findings to be adopted at a later date. Determination: regarding a Notice of Special Restrictions (NSR) for the proposed new construction at the subject property and those adjacent lots that were originally formed from lot 034A.
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(3d) REHEARING REQUEST:
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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.
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(4) APPEAL NO. 07-126
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AZAR BROTHERS INC.
dba “CIGARETTES FOR LESS”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1053 Market Street.
Appealing a fifteen (15) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on July 11, 2007. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-07-167.
FOR HEARING TODAY.
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(5) APPEAL NO. 07-075
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CHEOL HOON LEE & TONY LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2283-2297 Market Street.
Protesting the issuance on May 9, 2007, to Clear Channel Outdoor, Permit to Alter a Building (on commercial building: voluntary removal, razing and demolition of non-conforming/non-complying general advertising sign per Planning Code §§ 181(b), 188(b), and 604 (b); once commenced, demolition should be completed within a reasonable time).
APPLICATION NO. 2007/05/09/0828.
FOR HEARING TODAY.
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(6) APPEAL NO. 07-108
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ADVSERTISING
DISPLAY SYSTEMS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Sign Owner: CLEAR CHANNEL OUTDOOR
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2498 Lombard Street.
Appealing a Letter of Determination dated June 20, 2007, addressed to Gerald Murphy at Luce Forward LLC, regarding the legality of the general advertising sign at the subject property.
FOR HEARING TODAY.
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(7) APPEAL NO. 07-121
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ASA MURPHY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3921 – 21st Street.
Protesting the issuance on July 9, 2007, to Pamela Meuser, Site Permit to Alter a Building (on single-family house: add upper floor with one bedroom and one bath).
APPLICATION NO. 2005/12/23/0981S.
FOR HEARING TODAY.
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(8) APPEAL NO. 07-122
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SONDRA LEQVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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331 Filbert Street.
Protesting the issuance on July 9, 2007, to Peter Dwares, Site Permit to Alter a Building (on three-unit apartment building: addition of elevator at rear of building).
APPLICATION NO. 2004/07/30/0251S.
FOR HEARING TODAY.
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ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 07-123
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S.D. SCANNON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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23 Belmont Avenue.
Protesting the issuance on July 16, 2007, to Belmont Court LLC, Permit to Alter a Building (on single-family house: landscape retaining walls in rear yard).
APPLICATION NO. 2007/07/16/6884.
FOR HEARING TODAY.
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(9B) APPEAL NO. 07-141
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S.D. SCANNON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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23 Belmont Avenue.
Protesting the issuance on August 6, 2007, to Belmont Court LLC, Permit to Alter a Building (on single-family house: parapet around lower roof; change window to door; parapet on southwest corner – approx. 10’ long and 6’ wide; no structural changes needed; height of parapet approx. 36” from height of interior finished floor; “as is” revision to BPA No. 2006/10/25/5991).
APPLICATION NO. 2007/08/06/8855.
FOR HEARING TODAY.
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(10) APPEAL NO. 07-125
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SONDRA LEQVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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110 Alta Street.
Protesting the issuance on July 9, 2007, to Peter Dwares, Site Permit to Alter a Building (on three-unit apartment building: in-fill addition at 2nd floor at rear of building).
APPLICATION NO. 2004/07/30/0249S.
FOR HEARING TODAY.
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(11) APPEAL NO. 07-128
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LINDA ERKELENS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1801 Turk Street.
Protesting the issuance on July 18, 2007, to Clear Channel Outdoor, Permit to Alter a Building (on 21-unit apartment building: voluntary removal, razing and demolition of non-conforming, non-complying general advertising sign per plans).
APPLICATION NO. 2007/06/28/5493.
FOR HEARING TODAY.
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(12) APPEAL NO. 07-129
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KOON KOON LOUIE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3811-3813 – 18th Street.
Protesting the issuance on July 16, 2007, to Anthony Richardson, Permit to Alter a Building (on two-unit building: replace roof with shallower slope and maintain riddle; construct three new bedrooms and one bath at new third floor; add garage to first floor; relocate first floor bed/living room and kitchen to rear of building; replace existing aluminum siding; new 53sf entry porch at front; new 55sf elevated deck at rear).
APPLICATION NO. 2005/08/22/0779S.
FOR HEARING TODAY.
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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: October 11, 2007
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MEMBERS OF THE BOARD OF APPEALS
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RANDALL KNOX
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PRESIDENT
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MICHAEL GARCIA
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VICE PRESIDENT
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KATHARINE ALBRIGHT
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COMMISSIONER
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FRANK FUNG
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COMMISSIONER
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ROBERT HAALAND
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COMMISSIONER
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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.
