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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, MARCH 19, 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) ELECTION OF VICE PRESIDENT:
(3) COMMMISSIONERS COMMENTS & QUESTIONS:
(4) ADDENDUM ITEMS:
(4a) ADOPTION OF FINDINGS:
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Subject property at 124-128 Fillmore Street. Appeal No. 07-074, decided Jan. 30, 2008. At that time, upon motion by Commissioner Haaland, the Board voted 5-0 to revoke the permit with findings to be adopted at a later time. Permit Holder: David Nale. Project: on three-unit apartment building; garage in rear yard; variance application filed; roof deck over garage; three-car car lift; BPA No. 2005/06/17/5345S.
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(4b) ADOPTION OF FINDINGS:
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Subject property at 2348 – 9th Avenue. Appeal No. 07-215, decided Feb. 6, 2008. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Knox absent) to overrule the denial, and grant the permit with findings and revised plans to be adopted at a later time. Appellant: Jack Yee Mar. Project: on single-family house: add new family room and sun room/green house; clear NOV No. 200677612; BPA No. 2007/02/09/3797S.
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(4c) ADOPTION OF FINDINGS:
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Subject property at 230 Rhine Street. Appeal No. V07-216, decided Feb. 6, 2008. At that time, upon motion by Commissioner Fung, the Board voted 4-0-1 (Commissioner Knox absent) to overrule the denial, and grant the variance with findings to be adopted at a later time. Appellants: Dimas and Blanca Oliva. Project: legalize “as built” vertical and horizontal addition to the detached garage structure at the rear of the lot, and remove the illegal dwelling unit within; Variance Case No. 2006.0753V.
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(4d) REHEARING REQUEST:
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Subject property at 2283-2297 Market Street. Letter from Ken Finney, attorney for Clear Channel Outdoor, permit holder, requesting rehearing of Appeal No. 07-075, Lee vs. DBI, PDA, decided Oct. 17, 2007, At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Fung absent) to revoke the subject permit with findings to be adopted at a later date. Permit Holder: Clear Channel Outdoor. Project: on commercial building, voluntary removal, razing and demolition of non-conforming/non-complying general advertising sign per Planning Code §§ 181(b), 188(b), and 604 (b); once commenced, demolition should be completed within a reasonable time); BPA No. 2007/05/09/0828. Note: If this Rehearing Request is granted, then Item 4e, Adoption of Findings for 07-075, shall be moot, and will not be considered by the Board.
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(4e) ADOPTION OF FINDINGS:
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Subject property at 2283-2297 Market Street. Appeal No. 07-075, Lee vs. DBI, PDA, decided Oct. 17, 2007, At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Commissioner Fung absent) to revoke the subject permit with findings to be adopted at a later date. Permit Holder: Clear Channel Outdoor. Project: on commercial building, voluntary removal, razing and demolition of non-conforming/non-complying general advertising sign per Planning Code §§ 181(b), 188(b), and 604 (b); once commenced, demolition should be completed within a reasonable time); BPA No. 2007/05/09/0828.
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(4f) ADOPTION OF FINDINGS:
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Subject property at 1801 Turk Street. Appeal No. 07-128, Erkelens vs. DBI, PDA, decided Dec. 12, 2007, At that time, upon motion by Commissioner Fung, the Board voted 5-0 to revoke the subject permit with a finding that the building permit application had faulty representations, with further findings to be adopted at a later date. Permit Holder: Clear Channel Outdoor. Project: on 21-unit apartment building, voluntary removal, razing and demolition of non-conforming, non-complying general advertising sign per plans; BPA No. 2007/06/28/5493.
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(4g) REHEARING REQUEST:
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Subject property at 2642-2644 Hyde Street. Letter from Edgar Brincat, agent for Arza Trust, appellant, requesting rehearing of Appeal No. V05-129, decided Feb. 20, 2008. At that time, upon motion by President Garcia, the Board voted 4-0-1 (Commissioner Haaland absent) to uphold the subject variances. Variance Holder: Billie Cayot. Project: 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.
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(4h) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Revocation letter from Taxi Commission dated Feb. 13, 2008. Last day to appeal was Feb. 28, 2008. Jurisdiction request received on March 3, 2008. Letter from Zadik Shapiro, attorney for Grasshopper Alec Kaplan, requestor, asking that the Board take jurisdiction over the Taxi Commission’s revocation of Mr. Kaplan’s color scheme permit, A-card (driver permit), and medallion (taxi permit).
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(5) APPEAL NO. 07-152
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SHUFEN WU & YUPING MEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1734-1740 Mason Street.
Protesting the issuance on August 23, 2007, to Quan/Mason Family Ltd. Partnership, Permit to Alter a Building (on seven-unit apartment building: renewal of BPA No. 2005/11/03/7384 – revert illegal unit in basement to storage and ½ bath; no wet bar).
APPLICATION NO. 2007/08/23/0753.
FOR HEARING TODAY.
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(6) APPEAL NO. 07-177
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STEPHEN WILLIAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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652 Duncan Street.
Protesting the issuance on September 7, 2007, to Eric Hansen, Site Permit to Alter a Building (on single-family house: horizontal addition; vertical addition; remodel kitchen; seismic improvement and general renovations).
APPLICATION NO. 2005/12/23/0995S.
FOR HEARING TODAY. Note: On Dec. 12, 2007, the Board voted 5-0 to reschedule the matter to Call of Chair pending resolution of the Cat Ex appeal at the BOS.
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(7) APPEAL NO. 07-228
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ROSS MOORE & EARL STOKES, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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377 Cumberland Street.
Protesting the issuance on Dec. 7, 2007, to Lindy Joffe, Permit to Alter a Building (on single-family house: construct deck at rear of property; replace fence; and construct garden shed).
APPLICATION NO. 2007/12/07/9980.
FOR HEARING TODAY.
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(8) APPEAL NO. 08-006
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AHMAD LARIZADEH, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1875 Geary Blvd.
Appealing a Letter of Determination dated Jan. 8, 2008, regarding the filling in of windows along the Geary Blvd. Frontage of the subject building.
FOR HEARING TODAY.
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(9) APPEAL NO. 08-011
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FRANK COX, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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660 Kearny Street.
Appealing a Letter of Determination dated Jan. 10, 2008, regarding a proposal for a 7-Eleven store with 24-hour operation at the subject property.
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: March 14, 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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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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TANYA PETERSON
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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.
