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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, SEPTEMBER 8, 2004

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

(1)         PUBLIC COMMENT

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.

 

(2)  COMMISSIONERS COMMENTS & QUESTIONS:

 

(3)  ADDENDUM ITEM(S): 

(3A)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL :                                                                               

Subject property at 129 Westwood Drive.  Permit issued on June 2, 2004.  Last day to appeal was June 17, 2004.  Jurisdiction request received on August 17, 2004.  Letter from Jeffrey Livingston, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/06/02/5323.  Project: on single-family house, add exercise room, family room, laundry room and full bath at basement; relocate existing bathroom fixtures and walls.  Permit Holder(s): John Zhou.

 

(3B)  REHEARING REQUEST:                                                                   

Appeal No(s). 04-053, Roberts vs. DBI, PDA.  Subject property at 116-118 Beulah Street.  Letter from Katherine Roberts, appellant(s), requesting rehearing of Appeal No(s). 04-053, decided July 28, 2004.  At that time, upon motion by Commissioner Chin, the Board voted 5-0 to uphold the subject permit.  Project: on 2-unit residential building: application submittal to City Planning for review of horizontal expansion of garage into a light well; previously issued in-kind under Building Permit Application No(s). 2003/12/10/2000.  Permit Holder(s): Eric Deeds et al.

 

(4)  APPEAL NO. 04-099

RAYMOND DEOCAREZA, Appellant(s)

                        vs.

TAXI COMMISSION, Respondent

 

Appealing the denial on August 9, 2004, of a request for reinstatement of a Driver of Public Passenger Vehicle for Hire Permit.

RESOLUTION NO. 2004-40.

FOR HEARING TODAY.

 

(5)  APPEAL NO. 04-067

TATYANA PELESHENKO

& NATALYA GOLUBCHIKOV, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APPROVAL

2335 – 26th Avenue.

Protesting the issuance on June 15, 2004, to Victoria Ayala, Permit to Alter a Building (on single-family house: demolish kitchenette per NOV; restore bedroom).

APPLICATION NO. 2004/06/15/6484.

FOR HEARING TODAY.

 

(6)  APPEAL NO. 04-070

RUSSIAN HILL

COMMUNITY ASSOCIATION, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APROVAL

1170-1180 Green Street.

Protesting the issuance on June 17, 2004, to Jeffrey Horowitz, Permit to Alter a Building (on 6-unit apartment building: expansion of building by addition of partial 3rd floor, renovation of 2nd floor, and conversion of some crawl space to automobile parking).

APPLICATION NO. 9925728S.

FOR HEARING TODAY.

 

(7)  APPEAL NO. 04-071

NANCY LA FORGIA, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APROVAL

77 Seneca Avenue.

Protesting the issuance on June 22, 2004, to Shi Guo Chen, Permit to Alter a Building (on single-family house: new deck, 25’ X 12’; address NOV No. 200450711).

APPLICATION NO. 2004/06/22/7013.

FOR HEARING TODAY.

 

(8)  APPEAL NO. 04-072

HUMBERTO & ARACELY AGUILA, Appellant(s)

                        vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPARTMENT APROVAL

1883 – 38th Avenue.

Protesting the issuance on June 18, 2004, to Wai Kit Kwan, Permit to Alter a Building (on single-family house: construct               vertical addition consisting of 3 bedrooms and 1 full bath).

APPLICATION NO. 2003/04/08/1712S.

FOR HEARING TODAY.

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:  September 2nd, 2004

 

MEMBERS OF THE BOARD OF APPEALS

 

                                    KATHLEEN HARRINGTON                  PRESIDENT

                                    HISASHI B. SUGAYA                       VICE PRESIDENT

                                    ARNOLD Y.K.  CHIN                      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

Transcripts of hearings may be obtained from the Official Court Reporter, Claudine Woeber.  Please telephone 415-506-0430 for information.

Audiotapes of meetings may be obtained from the Board office.  Please telephone 415-575-6880 for information. 

Videotapes of meetings may be obtained from SFGTV, Channel 26.  Please telephone 415-554-4188 for information.

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.