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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REVISED AGENDA FOR REGULAR MEETING - WEDNESDAY, DEC. 12, 2007
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
(A) MOMENT OF SILENCE IN MEMORY OF ROBERT FELDMAN.
Mr. Feldman passed away on Sunday, December 9, 2007. He had a distinguished career of 35 years with the City, serving 13 years with the Planning Department and the last 22 years as the Director of the Board of Appeals.
(B) ADDITION TO THE AGENDA, CA Gov't Code § 54954.2(b)(2); SF Admin Code §67.2(e)(2) (Action Item)
Members of the Board of Appeals must vote to approve adding Item (C) to the meeting agenda, based on a determination by at least four members that there is a need for immediate action that arose after the posting of the agenda.
(C) PUBLIC EMPLOYEE APPOINTMENT- Interim Executive Secretary for the Board of Appeals (Action Item)
1. OPEN SESSION:
(a) Public Comment (on all matters pertaining to this agenda item)
(b) Motion and vote on whether to convene in Closed Session under CA Gov't Code § 54957(b)(1); SF Admin Code §67.10(b)
2. CLOSED SESSION to appoint Interim Executive Secretary for the Board of Appeals effective until appointment of Permanent Executive Secretary is complete.
3. RECONVENE IN OPEN SESSION
(a) Disclosure of action taken in Closed Session, if any, and vote of every member thereon, SF Admin Code §67.12(b).
(b) Vote on whether to disclose any or all discussions held in Closed Session, SF Admin. Code §67.12(a).
(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) ADDENDUM ITEMS:
(3a) REHEARING REQUEST:
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Subject property at 2283-2297 Market Street. Letter from Ken Finney, attorney for Clear Channel Outdoor, permit holder, requesting rehearing of Appeal No. 07-075, Lee vs. DBI, PDA, decided Oct. 17, 2007, At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Fung absent) to revoke the subject permit with findings to be adopted at a later date. Permit Holder: Clear Channel Outdoor. Project: on commercial building, voluntary removal, razing and demolition of non-conforming/non-complying general advertising sign per Planning Code §§ 181(b), 188(b), and 604 (b); once commenced, demolition should be completed within a reasonable time); BPA No. 2007/05/09/0828. Note: If this Rehearing Request is granted, then Item 3d, Adoption of Findings for 07-075, shall be moot, and will not be considered by the Board.
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(3b) ADOPTION OF FINDINGS:
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Subject property at 2283-2297 Market Street. Appeal No. 07-075, Lee vs. DBI, PDA, decided Oct. 17, 2007, At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Fung absent) to revoke the subject permit with findings to be adopted at a later date. Permit Holder: Clear Channel Outdoor. Project: on commercial building, voluntary removal, razing and demolition of non-conforming/non-complying general advertising sign per Planning Code §§ 181(b), 188(b), and 604 (b); once commenced, demolition should be completed within a reasonable time); BPA No. 2007/05/09/0828.
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(3c) REHEARING REQUEST:
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Subject property at 838 Alabama Street. Letter from Tony Fu, appellant, requesting rehearing of Appeal No. 07-072, Fu vs. DBI, PDA, decided August 29, 2007. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (President Knox recused) to uphold the subject permit. Permit Holder: Jersey St. Associates LLC. Project: on single-family house; consolidate under single permit all work previously shown under BPA Nos. 2006/03/22/7327, 2006/04/20/9476, 2006/05/03/0499, 2006/05/03/0547, and 2006/05/12/1526; new work not shown previously (clearly) for notification includes raising building 18 inches, infilling light well at north side, and developing basement into habitable space); BPA No. 2006/11/15/7736S.
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(3d) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 177 Majestic Avenue. Permit issued on Dec. 15, 2006. Last day to appeal was Jan. 2, 2007. Jurisdiction request received on Oct. 31, 2007. Letter from Walter Pfau, requestor, asking that the Board take jurisdiction over Plumbing Permit No. 486946 for the purpose of filing a penalty appeal.
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(3e) REHEARING REQUEST:
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Subject property at 620 Ortega Street. Letter from Ursula Aeschbach, co-appellant, requesting rehearing of Appeal No. 07-131, decided Oct. 24, 2007. At that time, upon motion by President Knox, the Board voted 5-0 to uphold the permit. Permit Holder: Eric Hagerman. Project: on single-family house: comply with NOV No. 200706157; erect a six-foot fence on top of existing four-foot retaining wall; BPA No. 2007/06/27/5296.
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(3f) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 100 Church Street. Permit revoked on October 10, 2007. Last day to appeal was October 25, 2007. Jurisdiction request received on Nov. 6, 2007. Letter from Jonathan Kreuyer, agent for Out of the Closet Thrift Store, requestor, asking that the Board take jurisdiction over the revocation of a Second Hand Dealer / Antique Shop Permit by the Police Department due to non-payment of fees.
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(4) APPEAL NO. 07-128
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LINDA ERKELENS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1801 Turk Street.
Protesting the issuance on July 18, 2007, to Clear Channel Outdoor, Permit to Alter a Building (on 21-unit apartment building: voluntary removal, razing and demolition of non-conforming, non-complying general advertising sign per plans).
APPLICATION NO. 2007/06/28/5493.
PUBLIC HEARING HELD & CLOSED ON OCT. 18, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for parties to negotiate a settlement.
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(5) APPEAL NO. 07-115
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LLEWELLYN PHELAN, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the revocation on June 27, 2007, of Taxi Permit (A-Card) and Taxi Medallion No. 1086.
RESOLUTION NO. 2007-026.
FOR HEARING TODAY.
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(6) APPEAL NO. 07-173
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WINNIE FUNG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1534 – 19th Avenue.
Appealing the imposition of penalty September 14, 2007, for work done without a permit (on single-family house: remove 8’ wall built without permit; restore room back to dining room; comply with NOV No. 200716350).
APPLICATION NO. 2007/09/10/2264.
FOR HEARING TODAY.
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(7) APPEAL NO. 07-176
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PAUL YEE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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16-18 Loyola Terrace.
Appealing the imposition of penalty September 19, 2007, for work done without a permit (on two-unit building: convert basement units back to storage rooms and two half baths; remove stoves, exhaust fans, and shower stalls; NOV No. 200700061).
APPLICATION NO. 2007/09/18/2961.
FOR HEARING TODAY.
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(8) APPEAL NO. 07-122
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SONDRA LEQVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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331 Filbert Street.
Protesting the issuance on July 9, 2007, to Peter Dwares, Site Permit to Alter a Building (on three-unit apartment building: addition of elevator at rear of building).
APPLICATION NO. 2004/07/30/0251S.
FOR HEARING TODAY.
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(9) APPEAL NO. 07-125
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SONDRA LEQVE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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110 Alta Street.
Protesting the issuance on July 9, 2007, to Peter Dwares, Site Permit to Alter a Building (on three-unit apartment building: in-fill addition at 2nd floor at rear of building).
APPLICATION NO. 2004/07/30/0249S.
FOR HEARING TODAY.
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(10) APPEAL NO. 07-134
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SUSAN LALLY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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376 Eureka Street.
Protesting the issuance on July 25, 2007, to Kristina Baker, Site Permit to Alter a Building (on single-family house: remove roof and some walls; raise foundation; construct vertical and horizontal addition).
APPLICATION NO. 2005/08/30/1650S.
FOR HEARING TODAY. Note: Matter rescheduled from Sept. 19, 2007 due to filing of Cat Ex appeal at BOS.
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ITEMS (11A), (11B) & (11C) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 07-135
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SIA TAHBAZOF, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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4441-4445 Mission Street.
Appealing a Letter of Determination dated July 26, 2007, addressed to Brett Gladstone, that the applications for development at the subject property continue to comprise a single housing project and as such, is subject to the inclusionary housing requirements of the Planning Code, and that this project is required to provide a minimum of one (1) inclusionary housing unit.
FOR HEARING TODAY.
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(11B) APPEAL NO. 07-156
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SIA TAHBAZOF, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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4441-4445 Mission Street.
Appealing a clerically amended Letter of Determination dated August 17, 2007, addressed to Brett Gladstone, that the applications for development at the subject property continue to comprise a single housing project and as such, is subject to the inclusionary housing requirements of the Planning Code, and that this project is required to provide a minimum of one (1) inclusionary housing unit.
FOR HEARING TODAY.
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(11C) APPEAL NO. 07-149
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FWW MISSION
DEVELOPMENT LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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4451-4455 Mission Street.
Appealing a Letter of Determination dated August 17, 2007, addressed to Amy Tsai, that the applications for development at the subject property continue to comprise a single housing project and as such, is subject to the inclusionary housing requirements of the Planning Code, and that this project is required to provide a minimum of one (1) inclusionary housing unit.
FOR HEARING TODAY.
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(12) APPEAL NO. 07-151
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RONALD PARSHALL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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457 Hamilton Street.
Protesting the issuance on August 9, 2007, to John Li, Permit to Alter a Building (on single-family house: new side door per plan; comply with NOV No. 200714470).
APPLICATION NO. 2007/08/06/8896.
FOR HEARING TODAY.
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(13) APPEAL NO. 07-172
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KENNETH MUIR
& MARGARET RUEGER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1616 Taylor Street.
Protesting the issuance on September 4, 2007, to NVI Investments, Permit to Alter a Building (on 11-unit apartment building: install solar hot water system; comply with complaint No. 200719654).
APPLICATION NO. 2007/09/04/1620.
FOR HEARING TODAY.
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(14) APPEAL NO. 07-174
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JACQUES JANOT, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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963 North Point Street.
Protesting the issuance on September 5, 2007, to IJLN Investments LLC, Site Permit to Erect a Building (four-story, two-unit building with 1,387sf of ground floor area).
APPLICATION NO. 2006/10/12/4833S.
FOR HEARING TODAY.
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(15) APPEAL NO. 07-177
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STEPHEN WILLIAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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652 Duncan Street.
Protesting the issuance on September 7, 2007, to Eric Hansen, Site Permit to Alter a Building (on single-family house: horizontal addition; vertical addition; remodel kitchen; seismic improvement and general renovations).
APPLICATION NO. 2005/12/23/0995S.
FOR HEARING TODAY.
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(16) APPEAL NO. 07-178
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JOHN FISH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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515 Hill Street.
Protesting the issuance on September 13, 2007, to Marc Van Der Hout & Jody LeWitter, Site Permit to Alter a Building (on single-family house: three-story, rear yard addition with one-story roof deck extension; remodel interior garage level, kitchen and 3rd floor bedrooms; new balcony and stair down from 3rd floor).
APPLICATION NO. 2006/11/06/6940S.
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: December 11, 2007
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MEMBERS OF THE BOARD OF APPEALS
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RANDALL KNOX
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PRESIDENT
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MICHAEL GARCIA
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VICE PRESIDENT
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KATHARINE ALBRIGHT
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COMMISSIONER
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FRANK FUNG
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COMMISSIONER
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ROBERT HAALAND
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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 Victor Pacheco 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 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.
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.
