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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JUNE 4, 2008
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) ADOPTION OF MINUTES:
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Discussion and possible adoption of the May 14 and May 21, 2008 minutes.
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(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 2200 Beach Street. Permit issued on July 26, 2007. Last day to appeal was August 10, 2007. Jurisdiction request received on April 24, 2008. Letter from Marcus Newberry, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2006/06/27/5184. Project: add elevator, open space decks, French balconies; add new windows and doors per plans; remodel kitchen; see Variance Case No. 2006.0724V. Permit Holder: Arnold Piatti. Note: public hearing held and closed on May 14, 2008; matter continued to allow time for parties to negotiate a settlement.
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(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Determination of ineligibility for ramp taxicab medallion. Letter from Taxi Commission dated Dec. 14, 2007. Last day to appeal was Dec. 31, 2007. Jurisdiction request received on May 6, 2008. Letter from Khaldoun Sukkar, requestor, asking that the Board take jurisdiction over the afore-mentioned action by the Taxi Commission.
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(4c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 4726 Geary Blvd.. Zoning Administrator’s Notice of Violation was dated March 19, 2008. Last day to appeal was April 3, 2008. Jurisdiction request received on May 7, 2008. Letter from Paul Horcher, attorney for Well-Care Acupuncture & Health Care, requestor, asking that the Board take jurisdiction over the aforementioned Notice of Violation regarding the operation of an unauthorized massage establishment at the subject property.
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(4d) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1306 McAllister Street. DPW Bureau of Urban Forestry revised order was dated March 7, 2008. Last day to appeal was March 24, 2008. Jurisdiction request received on May 12, 2008. Letter from Rachel Abraham Pollard, requestor, asking that the Board take jurisdiction over the aforementioned DPW BUF revised order regarding the removal of one (1) tree at the subject property.
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(4e) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 338 Silliman Street. Building permit issued on March 12, 2008. Last day to appeal was March 27, 2008. Jurisdiction request received on May 14, 2008. Letter from Raquel Fox, attorney for Victoria Rodas, requestor, asking that the Board take jurisdiction over BPA No. 2008/03/12/6904. Project: remove existing habitable space and interior non-bearing walls only on first floor; demo only; revision to BPA No. 2007/12/11/0235. Permit Holder: Enrico Obert.
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(5) APPEAL NO. 07-169
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RE-LEAF CENTER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2980 – 21st Street.
Appealing a Notice of Violation dated August 24, 2007, addressed to Edward Schmitt and the Re-Leaf Center, that the medical cannabis dispensary use at the subject property is not permitted because it lies within a residential zoning district.
PUBLIC HEARING HELD & CLOSED ON MARCH 12, 2008. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for OCA to render a confidential opinion on legal issues presented in this appeal.
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(6) APPEAL NO. 07-186
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ROBERT TRACY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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3816- 21st Street.
Protesting the issuance on Oct. 1, 2007, to Leo Portal, Permit to Alter a Building (on single-family house: install spiral stair; no structural changes or modification to existing 5’ X 5’ opening).
APPLICATION NO. 2007/09/19/3140.
PUBLIC HEARINGS HELD & CLOSED ON JAN. 30, 2008, AND FEB. 13, 2008. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for permit holder to file for a consolidation permit for entire project.
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(7) APPEAL NO. 07-227
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PACIFIC POLK PROPERTIES, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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1601 Larkin Street.
Appealing the conditions placed on a Permit to Remove and Replace Six (6) Trees.
ORDER NO. 176,117 (revised).
FOR HEARING TODAY.
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(8) APPEAL NO. 08-021
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JOHN MARTIN
dba “JRM INTERNATIONAL”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
Determination Holder: MAX WILLIAMS
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2015-2019 -17th Street.
Appealing a Letter of Determination dated Feb. 6, 2008, regarding the continuation of a Limited Commercial Non-Conforming Use at the subject property.
FOR HEARING TODAY.
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(9) APPEAL NO. 08-039
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SUSAN & YARNG ALTAWAL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1780 McAllister Street #3.
Protesting the issuance on March 6, 2008, to James Gause, Permit to Alter a Building (remove and replace kitchen wall cabinets, base board cabinets, and baseboard).
APPLICATION NO. 2008/03/06/6541.
FOR HEARING TODAY.
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(10) APPEAL NO. 08-041
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LEONARD KOREN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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317 Chestnut Street.
Protesting the issuance on March 12, 2008, to Matthew Preetzer & Helena Jausas-Preetzer, Permit to Alter a Building (remodel family recreation room and bathroom; replace door and window at rear; in-like and kind; comply with NOV Nos. 199704882 & 200562078).
APPLICATION NO. 2008/03/11/6865.
FOR HEARING TODAY.
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(11) APPEAL NO. 08-042
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LYNNE LOVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1559 – 23rd Avenue.
Protesting the issuance on March 11, 2008, to Lawrence Choy, Permit to Alter a Building (remodel existing kitchen and bathrooms at 2nd floor; two new bedrooms and two toilet rooms, and one storage room to be constructed at ground floor; replace beams; new rear deck attached to building at 2nd floor).
APPLICATION NO. 2008/03/06/6499.
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: May 30, 2008
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MEMBERS OF THE BOARD OF APPEALS
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MICHAEL GARCIA
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PRESIDENT
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FRANK FUNG
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VICE PRESIDENT
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ROBERT HAALAND
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COMMISSIONER
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RANDALL KNOX
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COMMISSIONER
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TANYA PETERSON
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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 Board staff 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 Board staff, 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.
