2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JUNE 8, 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:
(2A) DISCUSSION OF ADMINISTRATION OF OATH AT BOARD MEETINGS.
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 578-592 Jersey Street. Permit revoked on November 16, 2004. Last day to appeal was December 1, 2004. Jurisdiction request received on February 23, 2005. Letter from William Abend, agent for Del-Camp Investments, requestor(s), asking that the Board take jurisdiction over the revocation of Building Permit Application No(s). 2004/01/27/4922. Reasons for revocation: the subject permit was issued in error since it was disapproved by the Planning Department because the proposed vinyl windows are inappropriate for the building.
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(3B) ADOPTION OF FINDINGS:
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Subject property at 2169 Folsom Street #M305. Appeal No(s). 04-194, Seringer vs. DBI, PDD, decided May 11, 2005. At that time, upon motion by President Sugaya, the Board voted 4-1 (Commissioner Fung dissented) to overrule the denial, and grant the permit with findings to be adopted at a later date. Project: on a condo/live-work unit, general renovation of interiors of bathrooms, bedrooms, living areas and roof decks; seismic reinforcing; horizontal extension on to north roof deck; sprinklers under separate permit.
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(3C) ADOPTION OF FINDINGS:
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Subject property at 141-143 Parnassus Avenue. Appeal No(s). 05-049, Geary & Lichtmacher vs. DBI, PCD, decided May 11, 2005. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the permit with findings to be adopted at a later date. Project: on 4-unit residential building, install new doorway to convert 2 units into 1.
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(3D) ADOPTION OF FINDINGS:
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Subject property at 1400-1402 Cole Street. Appeal No(s). V04-193, Hamby vs. ZA, decided May 18, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to uphold the subject variance with findings and conditions to be adopted on June 8, 2005. Subject Property Owner(s): Adel Shalabi & Laura Fiene. Project: proposal is to construct a 3rd floor addition containing a dwelling unit on a 2-story mixed-use (single-family residential over ground floor commercial) building.
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(3E) ADOPTION OF FINDINGS:
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Subject property at 837-839 Hayes Street. Appeal No(s). 05-028, Cousins vs. DBI, decided May 18, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the denial and grant the permit with findings to be adopted on June 8, 2005. Project: correct the record to reflect two legal existing units; no work proposed.
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(3F) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2889 – 24th Street. Permit issued on April 22, 2005. Last day to appeal was May 9, 2005. Jurisdiction request received May 19, 2005. Letter from Laurence Berg, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/03/25/0625S. Permit Holder(s): Mike Boschetto. Project: construction of a 4-story, 8-unit retail/apartment building with 4,942sf of ground floor area.
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(3G) REHEARING REQUEST:
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Subject property at 1234 – 19th Avenue. Letter from Lawrence Badiner, Zoning Administrator, requesting rehearing of Appeal No(s). 04-113, Romanov vs. DBI, PCD, decided May 4, 2005, and findings adopted on May 18, 2005. At that time, upon motion by Commissioner Fung, the Board voted 5-0 to overrule the denial, grant the demolition permit with adoption of findings on May 18, 2005. Appellant(s): Edward Romavov. Project: demolish a 2-story single-family house with 1,506sf of ground floor area.
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(4) APPEAL NO. 03-154
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ULYSSES NAPURI
dba “LAST STOP SOUVENIR”, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
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498 Beach Street.
Appealing the denial on May 5, 2003, of a Sidewalk Display Merchandise Permit.
ORDER NO. 174,098.
JURISDICTION GRANTED ON 9/17/2003.
PUBLIC HEARING HELD & CLOSED ON DECEMBER 10, 2003. FOR FURTHER CONSIDERATION TODAY.
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(5) 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 & CLOSED ON AUGUST 18, 2004. FOR FURTHER CONSIDERATION TODAY.
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(6) APPEAL NO. 04-114
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EDWARD ROMANOV, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: N/A (Mandatory DR)
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1228 – 19th Avenue.
Appealing the denial on August 13, 2004, of Permit to Erect a Building (4-story, 3-unit condominium building with 1,850sf of ground floor area).
APPLICATION NO. 2002/06/10/8646S.
PUBLIC HEARING HELD & CLOSED ON MAY 4, 2005. FOR FURTHER CONSIDERATION TODAY.
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ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 04-182
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ELLEN TSANG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2650 Hyde Street.
Protesting the issuance on November 18, 2004, to Douglas Greenwood, Permit to Alter a Building (on a two-unit building: rehabilitation of deck and staircase).
APPLICATION NO. 2004/11/18/9555.
PUBLIC HEARING HELD ON MAY 4, 2004, BUT STILL REMAINS OPEN. FOR FURTHER CONSIDERATION TODAY.
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(7B) APPEAL NO. 05-057
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ARZA TRUST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2650-2652 Hyde Street.
Protesting the issuance on March 8, 2005, to Craig Greenwood, Permit to Alter a Building (on 2-unit residential building: raise existing guardrail at rear deck at 3rd floor to +36” above existing deck; confirm and replace any dry rot at deck boards in field and replace no more than 40%; legalize existing roof deck at 3rd floor; per NOV).
APPLICATION NO. 2005/03/08/6970.
PUBLIC HEARING HELD ON MAY 4, 2004, BUT REMAINS OPEN. FOR FURTHER CONSIDERATION TODAY.
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(8) APPEAL NO. 05-027
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ROBERTO & JOSEPHINE SOTO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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452 Wilde Avenue.
Protesting the issuance on February 2, 2005, to M.E. Godinet, Permit to Alter a Building (on single-family house: rebuild deck, replace in-kind using existing footings; comply with NOV No. 200557087).
APPLICATION NO. 2005/02/02/4573.
PUBLIC HEARING HELD ON JUNE 1, 2005, BUT REMAINS OPEN FOR REPORT BY DBI AND REBUTTALS. FOR FURTHER CONSIDERATION TODAY.
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(9) APPEAL NO. 05-066
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MOLI STEINERT, Appellant(s)
vs.
DEPARTMENT OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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148 Bocana Street.
Appealing the denial on April 2, 2005, of Permit to Remove & Replace One (1) Tree.
ORDER NO. 175,251.
FOR HEARING TODAY.
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ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 04-103
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SHING KIT LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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120 Maynard Street.
Appealing the denial on August 3, 2004, of Permit to Demolish a Building (2-story single family house with 1,235sf of ground floor area).
APPLICATION NO. 2002/11/22/2107.
FOR HEARING TODAY.
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(10B) APPEAL NO. 04-104
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SHING KIT LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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120 Maynard Street.
Appealing the denial on August 3, 2004, of Permit to Erect a Building (3-story single family house with 1,089sf of ground floor area).
APPLICATION NO. 2002/11/22/2105S.
FOR HEARING TODAY.
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(11) APPEAL NO. 04-206
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VIACOM OUTDOOR, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1111 Pennsylvania Avenue.
Appealing a Notice of Violation dated December 13, 2004, addressed to Tripe A Machine Shop Inc. & Viacom Outdoor, that the general advertising sign on the subject property is taller than 25 feet, that the face of the sign is larger than 1,344sf, and that the sign faces the freeway; these conditions do not comply with approved sign application no. 2000/09/22/1332, and violate Planning Code § 607.
FOR HEARING TODAY.
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(12) APPEAL NO. 05-002
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GARY RAUGH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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2220-2222 Sacramento Street.
Appealing the denial on January 4, 2005, of Site Permit to Alter a Building (application associated with variance case no. 2004.0061V to reflect as-built conditions of garage door; to resolve NOV no. 200341797).
APPLICATION NO. 2004/10/18/7116S.
FOR HEARING TODAY.
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ITEMS (13A), (13B), (13C), (13D), (13E), (13F), & (13G) SHALL BE HEARD TOGETHER:
(13A) APPEAL NO. 05-023
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MARGARET & ARMEN DILDILIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(13B) APPEAL NO. 05-024
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KAY CAVAGNARO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(13C) APPEAL NO. 05-025
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DAVID GOLDBLATT
& CHRISTINE BEARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(13D) APPEAL NO. 05-029
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BOBBY LONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(13E) APPEAL NO. 05-030
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LILY LONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(13F) APPEAL NO. 05-031
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JOSEPH YU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(13G) APPEAL NO. 05-032
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JOHNSON YANG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (as described in item 13A).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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ITEMS (14A) & (14B) SHALL BE HEARD TOGETHER:
(14A) APPEAL NO. 05-064
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AMY McDOUGALL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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1740 Filbert Street.
Appealing the denial on April 15, 2005, of Permit to Demolish a Building (single-story building with 320sf of ground floor area).
APPLICATION NO. 2004/12/02/0582.
FOR HEARING TODAY.
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(14B) APPEAL NO. 05-065
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AMY McDOUGALL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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1740 Filbert Street.
Appealing the denial on April 15, 2005, of Site Permit to Erect a Building (4-story single-family dwelling with 1,224sf of ground floor area).
APPLICATION NO. 2004/12/02/0571S.
FOR HEARING TODAY.
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(15) APPEAL NO. 05-068
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DON PUTNAM
& SUSANN KELLISON, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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212 Union Street.
Appealing a Permit Suspension Request dated April 14, 2005, addressed to Acting Director Jim Hutchinson of the Dept. of Building Inspection, asking that all active building permits at the subject property be suspended. Reason(s) for suspension: Planning Department staff believes that work has taken place which exceeds the scope of the active building permits.
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: June 2nd, 2005
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA PRESIDENT
SABRINA N. SAUNDERS VICE PRESIDENT
FRANK FUNG COMMISSIONER
MICHAEL GARCIA 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.
