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 12, 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) INCOMPATIBLE ACTIVITES STATEMENT:
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Public hearing, discussion and adoption of the Board of Appeals’ Incompatible Activities Statement as required by the San Francisco Campaign and Governmental Conduct Code § 3.218. Copies are available at the Board office. Please address comments to Executive Secretary Robert Feldman, Board of Appeals, 1660 Mission Street #3036, SF, CA 94103. Telephone (415) 575-6880, fax (415) 575-6885, or email at robert.feldman@sfgov.org.
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(4) ADDENDUM ITEMS:
(4A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 110 Romain Street. Permit issued on July 23, 2004. Last day to appeal was Aug. 9, 2004. Jurisdiction request received on Nov. 10, 2004. Letter from Steve Atkinson, attorney for Bruce Massarsky, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/07/23/9697. Permit Holder(s): Jane Wales & Scott Blaze. Project: renew expired Building Permit Application No(s). 2001/11/28/4075S (roof deck under 400sf) and complete work.
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(4B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 685 Sutter Street. Entertainment Commission approved a conditional grant of a place of entertainment permit on August 17, 2004. Last day to appeal was August 27, 2004. Jurisdiction request received on December 3, 2004. Letter from Tom Ferriole, requestor(s), asking that the Board take jurisdiction over the afore-mentioned place of entertainment permit. Permit Holder(s): Keith Goodman dba “The Cellar.”
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(4C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 22 Alta Street. Letter from Acting Dept. of Building Inspection (DBI) Director dated November 2, 2004. Last day to appeal was November 17, 2004. Jurisdiction request received on December 8, 2004. Letter from Roger Beers, attorney for Peter Overmire, requestor(s), asking that the Board take jurisdiction over a letter by the Acting Director of the Dept. of Building Inspection (DBI) which states that the expiration of Building Permit Application No(s). 9710066S was unwarranted and that the subject permit is reinstated. Permit Holder(s): Robert Mahoney.
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(4D) REHEARING REQUEST:
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Subject property at 2646-2648 Hyde Street. Letter from Ellen Tsang, Appellant, requesting rehearing of Appeal No(s). 04-134 & 04-144, decided December 15, 2004. At that time, upon motion by Vice President Sugaya, the Board voted 4-0-1 (Commissioner Fung absent) to uphold both permits. Project, 1st permit: on 2-unit residential building, repair existing roof deck at rear; repair existing door at rear on ground floor; repair existing exterior stairs at rear. Project, 2nd permit: on 2-unit residential building, modify Building Permit Application No. 2004/09/22/4898; resurface existing roof deck; deck surface only; remove existing membrane and tiles. Permit Holder(s): Phil Fernandez.
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(5) CONSENT ITEMS (TAXI COMMISSION REVOCATION): With the consent of the Taxi Commission, the Board will proceed to a vote without testimony to overrule the revocation of the subject permit(s) with the condition that the appellants pay all appropriate permit fees and/or penalties. Without consent the Board will take testimony and then decide the appeal.
(5A) APPEAL NO. 04-137
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WIN-TUN MAUNG, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on September 22, 2004, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 86345.
FOR HEARING TODAY.
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(5B) APPEAL NO. 04-138
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NYI LWIN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on September 22, 2004, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 98191.
FOR HEARING TODAY.
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(5C) APPEAL NO. 04-141
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ISMAEL OKUNADE, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on September 22, 2004, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 79412.
FOR HEARING TODAY.
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(5D) APPEAL NO. 04-142
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OMAR HASHIMI, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on September 22, 2004, of a Driver of Public Passenger Vehicle for Hire Permit due to non-payment of fees.
PERMIT NO. 87439.
FOR HEARING TODAY.
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(6) APPEAL NO. 04-180
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ROBERT HUTCHINSON, Appellant(s)
vs.
ENTERTAINMENT COMMISSION, Respondent
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1290 Sutter Street.
Protesting the conditional grant on November 16, 2004, to Scott Robertson dba “Regency Building Leasing”, of an Extended-Hours Permit.
FOR HEARING TODAY.
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(7) APPEAL NO. 04-076
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JOHN & LESLIE WOODWARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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65 Caselli Avenue.
Protesting the issuance on June 30, 2004, to Stewart Oaten, Permit to Alter a Building (on 2-unit building: replace existing deck, extend approximately 4’0” and new stairs).
APPLICATION NO. 2004/06/30/7682.
PUBLIC HEARING HELD ON DEC. 1, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ITEMS (8A), (8B) & (8C) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 04-094
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OTTO WIEGAND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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4001 Mission Street.
Protesting the issuance on July 16, 2004, to 4001 Mission St. Associates LLC, Site Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7097S.
PUBLIC HEARING HELD NOV. 10, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(8B) APPEAL NO. 04-096
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SHAWN LEONARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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4001 Mission Street.
Protesting the issuance on July 16, 2004, to 4001 Mission St. Associates LLC, Site Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7097S.
PUBLIC HEARING HELD NOV. 10, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(8C) APPEAL NO. 04-102
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OTTO WIEGAND, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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8 Murray Street.
Protesting the issuance on July 29, 2004, to 4001 Mission St. Associates LLC, Site Permit to Erect a Building (4-story, 3-unit condominium building).
APPLICATION NO. 2002/09/20/7104S.
PUBLIC HEARING HELD NOV. 10, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(9) APPEAL NO. 04-130
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HELENE deBAUBIGNY
& JOHN GOLOB, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2763 Filbert Street.
Protesting the issuance on September 7, 2004, to Lock & Irene Holmes, Permit to Alter a Building (on single-family house: revisions to Building Permit Application No(s). 2003/08/18/2357 and 2000/05/23/0798; cut-in roof; provide windows for roof access; and one skylight, flat at sloped roof).
APPLICATION NO. 2004/09/07/3487.
PUBLIC HEARING HELD DEC. 8, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(10) APPEAL NO. 04-037
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ANTHONY DUMONT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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155 Westwood Drive.
Appealing a Notice of Decision by Dept. of Building Inspection Director Frank Chiu, dated April 19, 2004, revoking Building Permit Application No(s). 2003/05/19/4954, 2003/08/05/1263, and 2003/08/21/2731. Reason(s) for revocation: construction at the subject property exceeded the scope of the first two permits; and the third permit was issued in error due to false information supplied by the permit applicant.
FOR HEARING TODAY.
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(11) APPEAL NO. 04-116
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JOHN BRENNAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1420 Haight Street.
Appealing a determination dated August 17, 2004, addressed to Matthew Brennan (Subject Property Owner Mehran Ismaili), that the notification and hearing for Conditional Use (CU) Motion No. 16593, which adds 2,300sf of retail space to the existing 3,300sf shoe store at the subject property, was properly performed, and thus it is not necessary to halt construction as authorized under CU Motion.
FOR HEARING TODAY.
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(12) APPEAL NO. 04-139
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NEIL & NEA HANSCOMB, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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7909-7911 Geary Boulevard.
Protesting the issuance on September 24, 2004, to Paul Detimofeev, Permit to Alter a Building (on 2-unit residential building: add family room and 2 decks per plans).
APPLICATION NO. 2001/06/08/1143.
FOR HEARING TODAY.
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(13) APPEAL NO. 04-140
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ALICE LAM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2549 Post Street.
Protesting the issuance on September 24, 2004, to Paul Basaillon, Permit to Alter a Building (on 24-unit apartment building: remodeling top floor; change roof above living room).
APPLICATION NO. 2004/09/24/5144.
FOR HEARING TODAY.
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(14) APPEAL NO. 04-143
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RICHARD & JULIE NEWBOLD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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515 – 17th Avenue.
Protesting the issuance on September 24, 2004, to Heidi Wilcox & Farley Pearce, Permit to Alter a Building (on single-family house: convert ground floor storage room into family room with full bath; reconstruct outside stair from 2nd story to back yard; infill area below sunroom and reconstruct ½ bath).
APPLICATION NO. 2004/09/24/5077.
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 6th, 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, pleasecontact 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.
