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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, FEBRUARY 20, 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) SPECIAL ITEM:
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Discussion and possible action to approve job description for Executive Director of Board of Appeals. Explanatory documents (draft job descriptions) are available for review at the Board office. Note: matter continued from February 13, 2008.
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(4) SPECIAL ITEM:
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Public hearing to discuss and possibly approve amendments to Articles IV and V of the Board rules to (1) designate the SFGTV recording as the Board’s official record and (2) amend and clarify briefing rights and schedules. Current version of Board rules are available for review at the Board office, and on the Board website under the link entitled “About”. Proposed amendments are available at the Board office. Note: matter continued from February 13, 2008.
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(5) ADOPTION OF BUDGET:
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Discussion and possible action to adopt a departmental budget for FY 2008-2009 which begins on July 1, 2008.
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(6) ADDENDUM ITEMS:
(6a) REHEARING REQUEST:
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Subject property at 1266B Dolores Street. Letter from Lu Blazej, agent for Dolores Street Holdings LLC, appellant, requesting rehearing of Appeal No. V07-214, decided Jan. 30, 2008. At that time, upon motion by Commissioner Knox, the Board voted 5-0 to uphold the denial of the subject variance. Project: reconstruct a non-conforming two-story rear portion of the building which was demolished during remodeling; variance case no. 2007.1102V.
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(6b) REHEARING REQUEST:
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Subject property at 845-855 Hudson Avenue. Letter from Brendan Bannon, agent for JJ Wintersteen, permit holder, requesting rehearing of Appeal No. 07-208, decided Jan. 23, 2008. At that time, upon motion by Vice President Albright, the Board voted 5-0 to revoke the permit with a finding that the Board lacks jurisdiction over the permit due to the Interim Zoning Controls which currently require a Conditional Use Authorization for this type of project. Appellant: India Basin Neighborhood Association. Project: construct new temporary metal canopies for welding and storage purposes; metal fabrication on an empty lot; two metal structures 15’ X 45’ and 20’ X 54’ in size; BPA No. 2007/10/16/5543.
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(7) APPEAL NO. 07-179
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ABEL & ELIANA MALDONADO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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450 Hamilton Street.
Appealing the denial on Sept. 26, 2007, of Permit to Alter a Building (on single-family house: removal of conditions placed on BPA No. 2002/02/05/8561S as part of Appeal No. 03-140).
APPLICATION NO. 2007/06/11/3512.
PUBLIC HEARING HELD & CLOSED ON DEC. 19, 2007. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the Planning Dept. to re-review the proposed project.
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(8) APPEAL NO. 08-018
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SANDEEP HINGORANI, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET-USE & MAPPING
Respondent
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455 Vallejo Street.
Protesting the issuance on Feb. 6, 2008, to Sheedy Crane & Rigging, Temporary Occupancy Permit (placement of crane at subject property occupying 1500LF on Vallejo Street and 200LF on each side of Kearny Street).
PERMIT NO. 08TOC-0111.
FOR HEARING TODAY.
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ITEMS (9A), (9B), (9C), (9D), (9E) & (9F) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 05-115
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ANDRE MANDEL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #7.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5100.
FOR HEARING TODAY.
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(9B) APPEAL NO. 05-116
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LEAH GUILLERMO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #1.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5684.
FOR HEARING TODAY.
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(9C) APPEAL NO. 05-117
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CHRISTOPHER DUTRA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #5.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5776.
FOR HEARING TODAY.
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(9D) APPEAL NO. 05-118
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SEAN COOPER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #8.
Protesting the issuance on June 22, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/22/5703.
FOR HEARING TODAY.
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(9E) APPEAL NO. 05-139
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OLIVIA PLATFORD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #11.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5631.
JURISDICTION GRANTED AUG. 10, 2005.
FOR HEARING TODAY.
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(9F) APPEAL NO. 05-140
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FRICK DEAY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1166 Haight Street #12.
Protesting the issuance on June 21, 2005, to Dennis McCarthy, Permit to Alter a Building (on multi-unit apt. building: remodel in kind kitchen and bath; install new electrical and plumbing for kitchen and bath).
APPLICATION NO. 2005/06/21/5635.
FOR HEARING TODAY.
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(10) APPEAL NO. V05-129
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ARZA TRUST, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2642-2644 Hyde Street.
Protesting the granting on July 13, 2005, to Billie Cayot, Rear Yard & Non-Complying Structure Variances (replace an existing 2nd floor balcony within the required rear yard of the existing two-family structure; the cantilevered balcony would be approximately 12 feet wide, 3 feet deep, and set back approximately 5 feet from each side property line).
VARIANCE CASE NO. 2004.1312V.
FOR HEARING TODAY.
Note: On Sept. 7, 2005, the Board voted to reschedule this matter to Call of Chair pending final resolution of the Cat Ex appeal at the BOS.
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(11) 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.
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: February 15, 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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KATHARINE ALBRIGHT
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VICE PRESIDENT
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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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RANDALL KNOX
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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.
