2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, MAY 11, 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) COMMSIIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 26 Van Ness Avenue. Suspension of permit by Dept. of Public Health (DPH) dated April 13, 2005. Last day to appeal was April 28, 2005. Jurisdiction request received on May 2, 2005. Letter from Ki Soon Chung dba “Van Ness Keno Ice Cream”, requestor(s), asking that the Board take jurisdiction over the suspension of a Tobacco Product Sales Establishment Permit.
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(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1314-1316 – 7th Avenue. Variance denied on December 9, 2004. Last day to appeal was December 20, 2004. Jurisdiction request received on March 3, 2005. Letter from Jeremy Paul, agent for Stanley Anastasio, requestor(s), asking that the Board take jurisdiction over variance decision 2004.0408V. Project: proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard. Note: if this jurisdiction request is granted, then Appeal No(s). V04-199 (Item 4), filed on Dec. 21, 2005 and accepted in error one-day late by Board staff, may proceed to a hearing on the merits.
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(4) APPEAL NO. V04-199
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STANLEY ANASTASIO, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1314-1316 – 7th Avenue.
Appealing the denial on December 9, 2004, of Rear Yard Variance (proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard).
VARIANCE CASE NO. 2004.0408V.
FOR HEARING TODAY IF JURISDICTION REQUEST ABOVE IS GRANTED.
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(5) CONSENT ITEMS (DBI PENALTY):
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With the consent of the Dept. of Building Inspection, the Board will proceed to a vote without testimony to reduce the penalty (investigation fee) to two times the regular fee as provided for in the Building Code. Without consent the Board will take testimony and then decide the appeal.
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(5A) APPEAL NO. 05-050
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RITA RABINOVICH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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631 –19th Avenue.
Appeal for refund of penalty imposed on March 14, 2005 for work done without a permit (on single-family house: partial compliance with NOV No. 200455469; remodel kitchen and bathroom on 2nd floor; insulate exterior walls; remove and replace sheetrock; separate permit to be filed for remaining part of NOV to legalize ground floor rooms).
APPLICATION NO. 2005/03/14/7471.
FOR HEARING TODAY.
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(6) APPEAL NO. 04-066
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JAMIE YUEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on June 10, 2004, of medallion no(s). 1100.
RESOLUTION NO. 2004-31.
FOR HEARING TODAY.
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(7) APPEAL NO. 04-073
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DIANE COHEN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on June 18, 2004, of medallion no(s). 1147.
RESOLUTION NO. 2004-37.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-122
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BORIS SHAMIS, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the suspension on September 1, 2004, of a Driver of Public Passenger Vehicle For Hire Permit.
PERMIT NO. 055382.
RESOLUTION NO. 2004-48.
FOR HEARING TODAY.
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(9) APPEAL NO. 05-046
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MUHAMMAD NUR ELDIN
SUBLADAN dba “INTERNATIONAL
HOUSE OF WINE & SPIRITS, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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395 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 9, 2005. Reason(s) for suspension: selling tobacco products to minors and selling tobacco products without a valid permit from the Dept. of Public Health (DPH).
DIRECTOR’S CASE NO. 04-05-115.
FOR HEARING TODAY.
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(10) APPEAL NO. 05-048
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CHARALBOS FRAGAKIS
dba “BEL-CLIFT MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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516 Geary Boulevard.
Appealing a 45-day suspension of a Tobacco Product Sales Establishment Permit, imposed on March 9, 2005. Reason(s) for suspension: selling tobacco products to minors and selling tobacco products without a valid permit from the Dept. of Public Health (DPH).
DIRECTOR’S CASE NO. 04-05-116.
FOR HEARING TODAY.
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(11) APPEAL NO. 04-194
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KELLIE SERINGER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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2169 Folsom Street #M305.
Appealing the denial on December 15, 2004, of Permit to Alter a Building (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).
APPLICATION NO. 2004/08/23/2307.
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 association 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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(13) APPEAL NO. 05-041
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KATHY BOLE
& PAUL KLINGENSTEIN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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19 – 7th Avenue.
Appealing the denial on March 9, 2005, of Permit to Alter a Building (on single-family house: add bay window at front).
APPLICATION NO. 2004/12/20/1790.
FOR HEARING TODAY.
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ITEMS (14A) & (14B) SHALL BE HEARD TOGETHER:
(14A) APPEAL NO. 05-043
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ROSITA CAREY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1921 Palou Avenue.
Protesting the issuance on February 28, 2005, to Van D. Truong, Site Permit to Erect a Building (2-story, single-family house with 1,584sf of ground floor area).
APPLICATION NO. 2001/10/04/9988S.
FOR HEARING TODAY.
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(14B) APPEAL NO. 05-044
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RUTH & PHILLIPPE LEWIS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1921 Palou Avenue.
Protesting the issuance on February 28, 2005, to Van D. Truong, Site Permit to Erect a Building (2-story, single-family house with 1,584sf of ground floor area).
APPLICATION NO. 2001/10/04/9988S.
FOR HEARING TODAY.
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(15) APPEAL NO. 05-045
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MICHAEL SUH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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9 Seal Rock Drive.
Protesting the issuance on March 9, 2005, to Reznikov Vyacheslav, Permit to Alter a Building (on single-family house: patio construction; deck construction; replace an existing deck with larger; revision to BPA No. 2004/06/23/7194; scope of work revised to show replacement, not repair).
APPLICATION NO. 2004/08/17/1796.
FOR HEARING TODAY.
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(16) APPEAL NO. 05-047
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WILLARD McDONALD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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20 Cragmont Avenue.
Protesting the issuance on March 1, 2005, to Mary Tom, Site Permit to Erect a Building (3-story, single-family house with 1,250sf of ground floor area).
APPLICATION NO. 2004/04/07/0748S.
FOR HEARING TODAY.
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(17) APPEAL NO. 05-049
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ELIZABETH GEARY
& JONATHAN LICHTMACHER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: N/A (Mandatory DR)
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141-143 Parnassus Avenue.
Appealing the denial on March 4, 2005, of Permit to Alter a Building (on 4-unit residential building: install new doorway to convert 2 units into 1).
APPLICATION NO. 2004/05/26/4872.
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: May 5th, 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.
