2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, DECEMBER 8, 2004
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) ADDENDUM ITEMS:
(3A) REHEARING REQUEST(S):
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Subject property at 129 Westwood Drive. Letter from Jeffrey Livingston, appellant(s) / requestor(s), requesting rehearing of Appeal No(s). 04-108, 04-109 & 04-124, decided Nov. 10th, 2004. At that time, upon motion by Commissioner Fung, the Board voted 5-0 to uphold the 1st permit (BPA No. 2004/08/03/0421; on single-family house, change existing 2nd floor study room and bedroom to storage per plan; under Building Permit Application No(s). 2004/06/02/5323) with the following condition(s): a) that a Notice of Special Restrictions be recorded on the land records by the permit holder which states that the use of the subject property is restricted to a single-family house; and b) that the stairway leading to the storage area not be open; to uphold the 2nd permit (BPA No. 2004/07/01/7873; on single-family house, repair, roofing, reroofing; replace interior lath and plaster with GYPBD; repair windows; under Building Permit Application No(s). 2004/06/02/5323) with the following condition(s): a) that a Notice of Special Restrictions be recorded on the land records by the permit holder which states that the use of the subject property is restricted to a single-family house; and to uphold the 3rd permit (BPA No. 2004/06/02/5323; on single-family house: add exercise room, family room, laundry and full bath at basement; relocate bathroom fixtures and walls; excavate basement floor and reinforce walls per plans) with the following condition(s): a) that a Notice of Special Restrictions be recorded on the land records by the permit holder which states that the use of the subject property is restricted to a single-family house; and b) that the laundry room be reduced in size. Permit Holder(s): John Zhou.
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(3B) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 193 Lower Terrace. Permit issued on March 12, 2004. Last day to appeal was March 29, 2004. Jurisdiction request received on November 18, 2004. Letter from Bob Wheeler, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2003/08/28/3384. Permit Holder(s): Mahmoud Larizadeh. Project: on 2-unit building, alteration to existing building; new garage; lift building to create garage.
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(4) 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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(4A) APPEAL NO. 04-123
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LINDA STOCKDALE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1961 Hayes Street.
Appeal for refund of penalty imposed on August 31, 2004, for work done without a permit (on 3-unit apartment building: replace existing rotten multi-level decks at rear per plans; work being completed in response to NOV No(s). 200448199).
APPLICATION NO. 2004/05/18/4230.
FOR HEARING TODAY.
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(4B) APPEAL NO. 04-126
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KEN LEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1867 Donner Avenue.
Appeal for refund of penalty imposed on September 1, 2004, for work done without a permit (on single-family house: remove 2nd unit per attached NOV at ground floor; rooms behind garage; new use of ground floor as storage and garage only; sheetrock walls).
APPLICATION NO. 2004/08/18/1911.
FOR HEARING TODAY.
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(5) APPEAL NO. 04-081
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LANE LOUIE, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
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950 Grant Avenue.
Protesting the issuance on July 2, 2004, to Elaine Chiu dba “Grand Palace”, Sidewalk Display Merchandise Permit.
PERMIT NO. 04D-265.
PUBLIC HEARING HELD NOV. 10, 2004.
FOR FURTHER CONSIDERATION TODAY.
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ITEMS (6A) & (6B) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 04-074
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MICHAEL RABBITT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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141 Willard Street North.
Appealing the denial on July 8, 2004 of Demolition Permit to Demolish a Building (2-unit building with 1,073sf of ground floor area).
APPLICATION NO. 2003/05/22/5283.
FOR HEARING TODAY.
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(6B) APPEAL NO. 04-075
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MICHAEL RABBITT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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141 Willard Street North.
Appealing the denial on July 8, 2004 of Permit to Erect a Building (4-story, 2-unit building with 1,862sf of ground floor area).
APPLICATION NO. 2003/05/22/5280S.
FOR HEARING TODAY.
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(7) APPEAL NO. 04-077
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DEL CURTO PROPERTIES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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540 Cole Street.
Appealing the denial on July 14, 2004, of Permit to Alter a Building (correct the record to show R3/1 unit for rear building; to legalize existing unit).
APPLICATION NO. 2004/01/12/3836.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-101
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PATRICIA VAUGHEY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2775 Filbert Street.
Protesting the issuance on May 28, 2004, to Tina Bartlett, Permit to Alter a Building (on single-family house: install redwood fence as per plan around property, 10’-0” in height).
APPLICATION NO. 2004/05/28/5113.
JURISDICTION GRANTED JULY 28, 2004.
FOR HEARING TODAY.
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(9) APPEAL NO. 04-110
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KERI EVILSIZOR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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137-139 Cook Street.
Protesting the issuance on August 4, 2004, to Joseph Tierney, Permit to Alter a Building (on 2-unit building: raise building to create new garage in existing basement; and add new 3rd floor unit).
APPLICATION NO. 2002/06/07/8509S.
FOR HEARING TODAY.
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(10) APPEAL NO. 04-128
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GEOFFREY GRATZ, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1 Federal Street.
Protesting the issuance on September 2, 2004, to LNR Communities, Permit to Alter a Building (on 49-unit apartment building/office building: office expansion; ceiling and interior partition; mechanical/electrical under separate permit; no increase in office space).
APPLICATION NO. 2004/09/02/3239.
FOR HEARING TODAY.
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(11) APPEAL NO. 04-129
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RUBEN CORTEZ
& JANNA PAARDEKOOPER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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19 Elsie Street.
Appealing a determination dated September 17, 2004, addressed to Charles St. George Holden, that the Notice of Special Restrictions (NSR No. E206507, recorded on Oct. 19, 1988) which requires that one parking space be provided at the subject property for the use of the property at 17 Elsie Street, is indeed valid, and that the only means of removing this NSR is through a parking variance for 17 Elsie Street.
FOR HEARING TODAY.
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(12) 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.
FOR HEARING TODAY.
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(13) APPEAL NO. 04-024
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JOHN ATWATER
& DIANA NELSON, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3746 Jackson Street.
Appealing a determination dated March 16, 2004, addressed to David Cincotta, that the proposed expansion, which is not within the front portion of the property where a height increase is permitted, and which, in any case, extends above the 35 foot absolute height limit, would not be allowed under Planning Code §§ 261(b)(1), 261(c), 261(c)(1), and 261(c)(2).
PUBLIC HEARING HELD & CLOSED ON NOVEMBER 17, 2004.
FOR FURTHER CONSIDERATION 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: December 2nd, 2004
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, 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.
