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Meeting Information



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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, DECEMBER 9, 2009

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)   COMMISSIONER COMMENTS & QUESTIONS: 

 

 

 

(3)    ADOPTION OF MINUTES: 

Discussion and possible adoption of the November 18, 2009 minutes.

 

 

 

(4)    ADDENDUM ITEMS: 

 

(4a)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                                                                                    

Subject property at 1748 La Salle Avenue.  Letter from Laurence Kornfield, Deputy Director for Dept. of Building Inspection, asking that the Board take jurisdiction over BPA No. 2009/06/025/1295, which was issued on June 26, 2009, and for which the appeal period ended on July 13, 2009.  Jurisdiction request was received on October 14, 2009.  Permit Holder:       Kam San Ho. Project:  replace fire damaged ceiling joist and roof joist at rear; remodel kitchen and bathroom, and add bathroom; replace fire damaged gypsum board; remove rear stairway; add rear deck on 2nd floor).

 

(4b)  JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:                                                                                    

Subject property at 666 – 28th Street.  Letter from Klaus Wirsing, requestor, asking that the Board take jurisdiction over BPA NO. 2008/09/30/3079, which was issued on Sept. 18, 2009, and for which the appeal period ended on Oct. 5, 2009.  Jurisdiction request was received on Nov. 19, 2009.  Permit Holders: Dick and Gerry Meister.  Project: replace existing wood frame deck and stair to yard with new deck and one-hour rated walls and fence and trellis at property lines; add windscreen at roof.

 

 (4c)  ADOPTION OF FINDINGS:                                         

Subject property at 3665-3669 – 18th Street.  Appeal No. V09-057, Dattani vs. ZA, decided October 7, 2009.  At that time, the Board voted 4-0 to overrule the denial and grant the variances with findings and conditions to be adopted at a later time.  Project:  Parking and Exposure Variances (legalize an existing, vacant, fifth dwelling-unit which was constructed without the benefit of permits at the ground floor of the three-story building; Variance Case No. 2009.0042V).

 

 

 

(5)  APPEAL NO. 09-095

ALTERNATIVE PATIENT’S

COOPERATIVE, Appellant(s)

                    vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

 

953 Mission Street #108.

Appealing the denial on Aug. 25, 2009, of Medical Cannabis Dispensary (MCD) Health Permit.

CASE NO. 09-08-03.

FOR HEARING TODAY.

 

 

 

(6)  APPEAL NO. 09-102

KHALED GHANMA

dba “ALL STATES BEST FOODS”, Appellant(s)

                    vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

 

 

1607 – 20th Street.

Appealing a twenty-five (25) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Sept. 9, 2009.  Reason(s) for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. FP09-89.

FOR HEARING TODAY.

 

 

 

(7)  APPEAL NO. 09-125

GOLDEN GATEWAY CENTER, Appellant(s)

                    vs.

 

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

 

Sydney G. Walton Square. 

Corner of Davis and Front Streets.

Appealing the partial denial on October 19, 2009, of Tree Removal Permit.

ORDER NO. 178,365.

FOR HEARING TODAY.

 

 

 

 

(8)  APPEAL NO. V09-103

WILLIAM RUSCONNI,

GRUBER PROPERTIES INC.,

DAVID GRUBER, FRAN LUNDY,

SALLY McDONNELL

& GEORGIE FAINE, Appellant(s)

                    vs.

 

ZONING ADMINISTRATOR, Respondent

 

 

1960-1998 Market Street.

Protesting the granting on Sept. 14, 2009, to 270 Valencia LLC, Rear Yard Exception, Inner Courtyard Dimensions and Dwelling Unit Exposure Variances (demolish the service station and construct a nine-story U-shaped mixed-use development with up to 115 residential units over ground floor commercial and subterranean parking for up to 91 off-street parking spaces).

VARIANCE CASE NO. 2006.1431ECV.

FOR HEARING TODAY.

 

 

 

(9)  APPEAL NO. 09-104

GRAMERCY TOWERS

CONDOMINIUM ASSOCIATION,

1200 CALIFORNIA STREET CORP. HOA

& NOB HILL LEGAL COALITION, Appellant(s)

                    vs.

 

ZONING ADMINISTRATOR, Respondent

1111 California Street.

Protesting a Letter of Determination dated Sept. 10, 2009, addressed to Steven Vettel c/o California Masonic Memorial Temple, regarding the present legal status of the    Nob Hill Masonic Center.

FOR HEARING TODAY.

 

 

 

 

ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:

(10A)  APPEAL NO. 09-105

SANFORD GARFINKEL, Appellant(s)

                    vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

100 - 32nd Ave. aka 865 El Camino del Mar.

Protesting the issuance on Sept. 11, 2009, to Jennifer King and Timothy Fredel, Permit to Alter a Building (vertical addition of a second basement garage; horizontal addition; and alteration to existing basement and three floors of dwelling).

APPLICATION NO. 2007/01/19/2027.

FOR HEARING TODAY.

 

(10B)  APPEAL NO. V09-132

SANFORD GARFINKEL, Appellant(s)

                    vs.

 

ZONING ADMINISTRATOR, Respondent

 

100 - 32nd Ave.

Protesting the granting on June 30, 2009, to Jennifer King and Timothy Fredel, Rear Yard, Side Yard and Non-Complying Structure Variances.

VARIANCE CASE NO. 2007.0129V.

JURISDICTION GRANTED NOV. 4, 2009.

FOR HEARING TODAY.

 

 

ADJOURNMENT.

 

Note A: 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 public inspection at the Board's office during normal office hours (Monday to Friday, 8am to 5pm, 1650 Mission Street, Room 304).

 

Note B: If any materials related to an item on this agenda have been distributed to the Board members after distribution of the agenda packet, those materials are available for public inspection at the Board’s office during normal office hours (Monday to Friday, 8am to 5pm, 1650 Mission Street, Room 304).

 

Please call 415-575-6880 if you have any questions concerning this agenda.  

 

Date posted:  December 4, 2009

 

 

 

MEMBERS OF THE BOARD OF APPEALS

 

FRANK FUNG

PRESIDENT

TANYA PETERSON

VICE PRESIDENT

MICHAEL GARCIA

COMMISSIONER

KENDALL GOH

COMMISSIONER

RAFAEL MANDELMAN

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

 

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

 

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, 1650 Mission Street, Room 304, no later than 4:00 p.m. two Thursdays 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.  Please note that names and addresses included in these submittals will become part of the pubic record.  Submittals may be made anonymously.

 

 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 the day of 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:  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 may request a copy from the Sunshine Ordinance Task Force Administrator 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 Board office, and on the Board’s web site, www.sfgov.org/boa.

 

 

DVD’S OF MEETINGS

 

 

DVD’s of meetings may be obtained from SFGTV, Channels 26 & 78.  Please telephone 415-554-4188 for information.

 

 

 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO 

1650 Mission Street, Room 304

San Francisco, California 94103