2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, JUNE 12, 2002
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 ITEMS:
ITEM A: 315 & 319 Edgehill Way. Proposed findings and Notice of Special Restrictions (open space preservation easement) for Appeal Nos. 02-037/038, Forest View LLC vs. DBI, PCD, decided May 15, 2002. Upon motion by Commissioner McInerney, the Board voted 4-1 (President Chin dissented) to overrule the Planning Commission’s denial, and grant both permits with the following conditions: a) that the overall length of the building be reduced from 50 feet to 40 feet; b) that the gross square footage of each house not exceed 3600sf including the garage and storage space; c) that the project sponsor provide a street improvement bond for all roadwork; d) that no construction on the project begin other than foundation work until all roadway widening work in front of all 6 lots intended for development is complete; e) that the project sponsor will record an open space preservation easement for all six lots to be approved by the Board on June 5, 2002; f) that conditions of the Structural Advisory Committee be implemented by the project sponsor; g) and that findings be prepared by the appellant’s attorney for adoption by the Board on June 5, 2002. PUBLIC TESTIMONY HEARD JUNE 5, 2002. FOR FURTHER CONSIDERATION TODAY.
ITEM B: 2518 Union Street. Proposed findings for Appeal No(s). 02-050, Cabi vs. DBI, PCD, decided June 5, 2002. Upon motion by Vice President McInerney, the Board voted 4-1 (President Chin dissented) to uphold the procedural denial (modification) by the Planning Commission, with conditions as stated into the record by Vice President McInerney, and with findings to be adopted by the Board on June 12, 2002.
(4) APPEAL NO. V01-170
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ROSE PARDINI, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[745 Brazil Avenue.
[Appealing denial of Rear Yard Variance (third [floor addition of an existing legal non-[complying dwelling structure located in the [required rear yard)
[VARIANCE CASE NO. 2001.0615V
[PUBLIC HEARING HELD JAN. 16, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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(5) APPEAL NO. 01-040
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RICK HOLMAN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPARTMENT APPROVAL
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[445 Bryant Street.
[Protesting issuance on January 29, 2001, to [Armax, Inc., Site Permit to Erect a Building [(eight live/work units).
[APPLICATION NO. 2000/09/15/7935S.
[PUBLIC HEARING HELD MAR. 13, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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(6) APPEAL NO. 02-021
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TERRY CHAN, Appellant(s)
TAXI COMMISSION, Respondent
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[Appealing the rescission on January 30, 2002, [of taxicab medallion no(s). 758.
[PUBLIC TESTIMONY HEARD MAY 29, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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(7) APPEAL NO. 02-020
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DAVID ADAMS, Appellant(s)
TAXI COMMISSION, Respondent
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[Appealing denial on January 30, 2002, of [taxicab medallion no(s). 129.
[FOR HEARING TODAY.
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ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 02-032
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RICHARD OLNESS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[3331 Jackson Street.
[Protesting issuance on February 19, 2002, to [Robert Devlin, Permit to Alter a Building [(retaining wall, fence, lattice, brickwork at rear [yard, provide drainage).
[APPLICATION NO. 2002/02/19/9469.
[FOR HEARING TODAY.
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(8B) APPEAL NO. 02-044
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RICHARD OLNESS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[3331 Jackson Street.
[Protesting issuance on March 14, 2002, to Robert Devlin, Permit to Alter a Building [(retaining wall, fence, lattice, brick work).
[APPLICATION NO. 2002/03/14/1440.
[FOR HEARING TODAY.
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ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 02-026
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ADCO OUTDOOR ADVERTISING,
Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. REQUEST FOR SUSPENSION
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[74 Otis Street.
[Appealing the suspension on February 12, [2002, of Permit to Erect a Sign (single [faced wall sign 46’ X 42’ with 1,932sf of [total surface area).
[APPLICATION NO. 9818016.
[FOR HEARING TODAY.
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(9B) APPEAL NO. 02-027
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ADCO OUTDOOR ADVERTISING,
Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. REQUEST FOR SUSPENSION
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[74 Otis Street.
[Appealing the suspension on February 12, [2002, of Permit to Erect a Sign (single [faced wall sign 26’ X 24’ with 624sf of total [surface area).
[APPLICATION NO. 2000/04/26/8334.
[FOR HEARING TODAY.
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(10) APPEAL NO. 01-236
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JEFFREY LITKE, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[679-689 Portola Drive.
[Appealing a Notice of Violation dated December [4, 2001, that a habitable bedroom and [bathroom fixtures exist in the 4th floor [penthouse structure which were re-established [without benefit of building permits, in violation of [Notice of Special Restrictions No. E008502 & [Planning Code § 260(b)(1)(B).
[FOR HEARING TODAY.
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(11) APPEAL NO. 98-117
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EDWARD R. NUNES, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1780 Oakdale Avenue.
[Health Permit Referral determination by the [Zoning Administrator dated June 10, 1998 that [the proposed Non-conforming Commercial [Food Warehouse/Wholesale Sales use in a RH-[1 zone, will terminate at the current five-year [lease expiration on April 30, 2003.
[FOR HEARING TODAY
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(12) APPEAL NO. 02-042
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CALVIN LEE, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[344 Taraval Street.
[Appealing a Notice of Violation dated Feb. 26, [2002, addressed to Calvin Lee, that the 2nd [floor residential dwelling unit has been [converted to commercial use as additional [dental office space and storage without the [required conditional use (CU) authorization.
[FOR HEARING TODAY.
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(13) APPEAL NO. 02-034
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CHARLENE ATTARD, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[153 Randall Street.
[Appealing a determination dated February 25, [2002, that the proposed third-story bay window [at the front of the building violates Planning [Code § 136(c)(2).
[FOR HEARING TODAY.
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(14) APPEAL NO. 02-039
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ROBERT & SARAH LESKO, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principals: N/A (Mandatory DR).
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[51-55 Vicksburg Street.
[Appealing denial on March 13, 2002, of Site [Permit to Alter a Building (unit merger from [3-units to 1-unit, kitchen and bath remodel, [deck extension).
[APPLICATION NO. 2001/11/02/2416S.
[FOR HEARING TODAY.
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(15) APPEAL NO. 01-206
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SMITH KETTLEWELL EYE
RESEARCH INSTITUTE (SKERI), Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[2389 Washington Street; 2209, 2232, 2238, [2244 & 2250 Webster Street; 2472 Clay Street; [and 2318 Fillmore Street.
[Appealing determination dated October 22, [2001, that Planning Commission policies [imposing limitations on specific properties as [part of approval actions are part of the Planning [Code and thus enforceable by the Zoning [Administrator, and that the SKERI expansion [into existing structures constitutes "structural [expansion" as prohibited in Planning [Commission Motion No. 5998.
[FOR HEARING TODAY.
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(16) APPEAL NO. 02-052
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OTTO WIEGAND, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[4001 Mission Street.
[Protesting the issuance on March 12, 2002, to [James O’Donovan, Permit to Demolish a [Building (one-story building).
[APPLICATION NO. 2001/11/06/2561.
[FOR HEARING TODAY.
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(17) APPEAL NO. 01-243
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ANDREW & STACEY
FROST, ROBERT & MARIAN
HEATH, KAREN LARSEN, MICHAEL
SHANE, RONNA STONE, TIMOTHY
SMITH, VERNE & ROBERT DOXEY,
DAVID IRWIN, SUSAN GAMBLE,
DEBORAH & H. BOYD SEYMOUR,
and NANCY & ROGER BOAS, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[3352 Washington Street.
[Appealing a determination dated December [17, 2001, addressed to Alice Barkley, attorney [for owners John & Shirley Oswald, that the [proposed roof structure on the subject [property is a dormer and that it complies with [Planning Code § 261 in terms of area [limitation requirements for permitted [exceptions, and that the proposed roof height [is code complying.
[APPLICATION NO. 2000/06/16/2818.
[FOR HEARING TODAY.
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ADJOURNMENT.
Note: Each item on this agenda may include the following documents:
1. Appellant’s statement and rebuttal brief.
2. Permit holder’s response and rebuttal brief.
3. Department decision, permit, determination or resolution.
4. Public correspondence.
These items are available for review at the Board’s office, 1660 Mission Street, Room 3036, front counter. Please call 575-6880 if you have any questions concerning this agenda.
Date posted: June 6, 2002
MEMBERS OF THE BOARD OF APPEALS
ARNOLD Y.K. CHIN PRESIDENT
JOHN E. MCINERNEY, III VICE PRESIDENT
CAROLE S. CULLUM COMMISSIONER
ALLAM M. EL QADAH COMMISSIONER
SABRINA N. SAUNDERS COMMISSIONER
EASTELLER BRUIHL - OFFICIAL COURT REPORTER 348-0050; 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.
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.ci.sf.ca.us/bdappeal/index.html.
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 Arnold Y.K. Chin, 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 Section 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 72 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.
COMMUNICATIONS
Note: Each item on this agenda may include the following documents:
1. Appellant’s statement and rebuttal brief.
2. Permit holder’s response and rebuttal brief.
3. Department decision, permit, determination or resolution.
4. Public correspondence.
These items are available for review at the Board’s office, 1660 Mission Street, Room 3036, front counter.
CITY AND COUNTY OF SAN FRANCISCO
Board of Appeals
Robert H. Feldman, Executive Secretary
1660 Mission Street, Room 3036
San Francisco, California 94103
(415) 575-6880
