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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, NOVEMBER 15, 2006
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:
(3a) SPECIAL ITEM:
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Attendance policy for Board members. For public hearing and discussion. Final action to be scheduled for future meeting.
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(3b) SPECIAL ITEM:
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Proposed amendment o Board Rules. Deletion of Article IV, which requires attendance of official court reporter at all regular hearings. Article 1, Section 11 of the Business and Tax Regulations Code provides for use of SFGTV videos to be official administrative record of the Board’s proceedings. Parties may have hearings transcribed from video at their own expense with copies of transcripts to be submitted to the Board. For public hearing and discussion. Final action to be scheduled for future meeting.
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(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 4120 – 23rd Street. Permit issued on September 23, 2005. Last day to appeal was October 11, 2005. Jurisdiction request received on September 29, 2006. Letter from Robert Call, requestor, asking that the Board take jurisdiction over Building Permit Application No. 2002/02/25/9972. Project: horizontal addition to rear of building; construct a new garage at street level. Permit Holder: Darryl Leung.
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(4b) REHEARING REQUEST:
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Subject property at 734 Bush Street (various apartments), & 625 Bush Street (Various apartments). Letter from Harold Darling, appellant, requesting rehearing of Appeal No(s). 06-130, and 06-136/137/138/139/140/141/142/143, decided on October 25, 2006. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to uphold the permits and adopt findings and conditions with amendments (findings no. 2, 3, and 4 were amended).
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(5) APPEAL NO. 06-073
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KAM & SOO WONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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700 – 4th Avenue.
Protesting the issuance on April 28, 2006, to Korean Covenant Church, Site Permit to Alter a Building (change occupancy with maximum at 100 persons; add elevator; revise exiting; revise property line fire walls; legalize ground floor kitchen and dining; variance for rear yard exit stair case, variance case no. 2004.0613V).
APPLICATION NO. 2005/06/08/4603S.
PUBLIC HEARING HELD & CLOSED ON JULY 12, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow parties time to work on settlement regarding mitigation measures.
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(6) APPEAL NO. 06-123
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MATTHEW SUM, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1767 – 34th Avenue.
Protesting the issuance on August 2, 2006, to Miguel Puente, Permit to Alter a Building (on single-family house: install rear deck at 36” above grade; abate NOV No. 200669303).
APPLICATION NO. 2006/08/02/8388.
PUBLIC HEARING HELD & CLOSED ON OCTOBER 11, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for DBI to retrieve approved plans from micro-film.
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(7) APPEAL NO. 06-050
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RICHARD & HOLLY LAWSON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1902 Green Street.
Protesting the issuance on March 21, 2006, to Garry Rayant & Kathy Fields, Site Permit to Alter a Building (on single-family house: add additional floor; extend 2nd floor eight feet further to rear over existing 1st floor; add seismic bracing).
APPLICATION NO. 2001/12/04/4492S.
FOR HEARING TODAY.
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(8) APPEAL NO. 06-127
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AT&T CALIFORNIA, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREE-USE & MAPPING,
Respondent
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101 Junipero Serra Blvd.
Appealing the denial on August 4, 2006, of Surface Mounted Facility Permit.
HEARING TODAY.
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(9) APPEAL NO. 06-128
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AT&T CALIFORNIA, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREE-USE & MAPPING,
Respondent
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1997 Buchanan Street.
Appealing the denial on August 4, 2006, of Surface Mounted Facility Permit.
FOR HEARING TODAY.
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(10) APPEAL NO. 06-135
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ALEX LANTSBERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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1000 Evans Avenue.
Protesting the issuance on August 10, 2006, to Pacific Gas & Electric, Permit to Demolish a Building (demolish a power plant).
APPLICATION NO. 2005/12/15/0454.
FOR HEARING TODAY.
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(11) APPEAL NO. 06-155
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GEORGIA SCHUTTISH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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455 – 27th Street.
Protesting the issuance on September 18, 2006, to David Bartenwerfer, Site Permit to Alter a Building (on single-family house: demolish interior walls at bedrooms; add 8’ to rear of house; build bedroom, laundry and storage at lower level; build new family room and kitchen at main level; build 3rd floor with two bedrooms, master suite and deck; build new roof deck and stair enclosure).
APPLICATION NO. 2005/10/17/5751S.
FOR HEARING TODAY.
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(12) APPEAL NO. 06-156
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ALLEN LEUNG,
MICHAEL GARLINGER,
TODD CANIGLIA, JOY LOWRY,
& RON HERMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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740-742 Natoma Street.
Protesting the issuance on September 12, 2006, to Wony Zhang, Site Permit to Alter a Building (on single-family house: new 3rd floor addition above existing 2nd floor for upper unit; convert existing garment shop to residential area and garage use on ground floor; ground floor residential area for lower unit use only; alteration to existing 2nd floor; change façade siding to new stucco).
APPLICATION NO. 2005/10/19/5940S.
FOR HEARING TODAY.
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(13) APPEAL NO. 06-157
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KRIST JAKE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2740-2742 Filbert Street.
Protesting the issuance on September 12, 2006, to Mary Grudnowski, Permit to Alter a Building (revision to BPA No. 2004/04/08/0828 per NOV no. 200669061; respond to concerns in letter from Zoning Administrator dated April 7, 2006; remove roof railing and remove parapet wall at hatch).
APPLICATION NO. 2006/05/15/1655.
FOR HEARING TODAY.
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(14) APPEAL NO. 06-159
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IAN HADDOW, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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538 Laidley Street.
Protesting the issuance on September 15, 2006, to Eric Kenneally, Site Permit to Erect a Building (4-story, single-family house with 1,000sf of ground floor area).
APPLICATION NO. 2005/01/14/3283S.
FOR HEARING TODAY.
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(15) APPEAL NO. 06-160
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TK SAGRILLO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2327 – 20th Avenue.
Protesting the issuance on September 18, 2006, to Helen Yung, Site Permit to Alter a Building (on single-family house: remove illegal kitchen and bath; legalize rooms at ground floor).
APPLICATION NO. 2006/09/18/2618.
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: November 9, 2006
MEMBERS OF THE BOARD OF APPEALS
FRANK FUNG PRESIDENT
RANDALL KNOX VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
MICHAEL GARCIA COMMISSIONER
ROBERT HAALAND COMMISSIONER
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 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: 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.
