2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JULY 28, 2004
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) COMMISSIONERS COMMENTS & QUESTIONS:
(3) SPECIAL ITEM:
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Presentation to Douglas Shoemaker, Commissioner of the Board of Appeals (October 2001 to June 2004).
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(4) SPECIAL ITEM:
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Public hearing, discussion and adoption of the Board of Appeals Incompatible Activities Statement as required by the San Francisco Campaign and Governmental Conduct Code § 3.218. Copies are available at the Board office. Please address comments to Executive Secretary Robert Feldman, Board of Appeals, 1660 Mission Street #3036, SF, CA 94103. Telephone (415) 575-6880, fax (415) 575-6885, or email at robert.feldman@sfgov.org.
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(5) ADDENDUM ITEMS:
(5A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL :
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Subject property at 2775 Filbert Street. Permit issued on May 28, 2004. Last day to appeal was June 14, 2004. Jurisdiction request received on July 16, 2004. Letter from Patricia Vaughey, asking that the Board take jurisdiction over Building Permit Application No(s). 2004/05/28/5113. Project: on single-family house, install redwood fence as per plan 10’-0” in height around property. Permit Holder(s): Tina Bartlett.
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(5B) REHEARING REQUEST(S):
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Appeal No(s). 03-051 & 03-066, Page et al. vs. ZA. Subject property at 21 Buena Vista East Avenue. Letter from Andrew Zacks, attorney for appellants Ken Page et al., requesting rehearing of Appeal No(s). 03-051 & 03-066, decided June 23, 2004. At that time, upon motion by Commissioner Shoemaker, the Board voted 3-1-1 (President Harrington dissented, Commissioner Chin absent) to uphold both determinations. First ZA determination: that the subject property has a legal authorized use of 14 residential guest rooms and 1 dwelling unit, that residential guest rooms constitute “group housing” under § 209.2 of the Planning Code, that this group housing constitutes a permitted conditional use since it was established prior to the enactment of Conditional Use (CU) requirements for this use, and that this permitted conditional use shall be considered abandoned 3 years from the last legal date of residency of the last resident of these guest rooms. Second ZA determination: that the proposed physical modifications to various residential guest rooms at the subject property would result in less viable guest rooms and would constitute a partial conversion of the structure to single family-use from its current legal authorized use of 14 residential guest rooms and 1 dwelling unit, in violation of Planning Code.
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(6) APPEAL NO. V03-209
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CATHERINE FERREIRA
& ANN FERREIRA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1120-1122 Vallejo Street.
Protesting the granting on Dec. 23, 2003, to Susan Lee, Jennifer Cherk & Jay Capela, Rear Yard Variance (on 2-family building: construction of an enclosed pavilion on the roof of the existing 3-story building and the enclosure of two areas at the rear of the building that are currently unenclosed).
VARIANCE CASE NO. 2003.0476DV.
Note: On March 24, 2004, the Board voted 5-0 to uphold the variance with the following condition(s): a) that the north portion of the roof be sloped to allow for more sunlight into the adjacent backyard; and b) that the front (south) elevation be redesigned to reflect the solid to void ratio of buildings of a similar nature. On May 12, 2004, the Board voted 4-1 to grant the rehearing request by the appellants and to set the rehearing for June 30, 2004.
FOR REHEARING TODAY.
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ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 04-023
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ERIC DEEDS, RICHARD HSU,
& JOMA JONES, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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116-118 Beulah Street.
Appealing a Permit Suspension Request dated March 19, 2004, addressed to Dept. of Building Inspection Director Frank Chiu, asking that Building Permit Application No(s). 2003/12/10/2000 be suspended for the following reason(s): the permit was issued in error because it was not routed to the Planning Dept. for notification to affected tenants and owners which is required for horizontal expansions into light wells.
FOR HEARING TODAY.
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(7B) APPEAL NO. 04-053
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KATHERINE ROBERTS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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116-118 Beulah Street.
Protesting the issuance on May 27, 2004, to Eric Deeds et al., Permit to Alter a Building (on 2-unit residential building: application submittal to City Planning for review of horizontal expansion of garage into a light well; previously issued in-kind under Building Permit Application No(s). 2003/12/10/2000).
APPLICATION NO. 2004/04/13/1159.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-040
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MACKENZIE GREEN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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835 Bryant Street.
Protesting the issuance on April 28, 2004, to Pacific Bonding Corporation, Permit to Alter a Building (build 10’ X 26’ modular addition off-site and attach to existing 300sf building; add new 200amp single phase main meter panel; install rain gutter between existing building and new modular addition).
APPLICATION NO. 2004/04/28/2517.
FOR HEARING TODAY.
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(9) APPEAL NO. V04-052
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LAURA PERRAULT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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32 Carson Street.
Appealing the partial denial of a Rear Yard Variance (proposal to reconstruct an existing non-complying room at the rear of the property that would include an increase in volume and a new roof form was denied; the proposal to reconstruct the same existing non-complying room at the rear without the increase in volume and without a new roof form was granted; the proposal to construct a new larger deck with a spiral staircase was also granted).
VARIANCE CASE NO. 2003.1242V.
FOR HEARING TODAY.
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(10) APPEAL NO. 04-054
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NASEEF MUSLEH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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1101 Oak Street.
Appealing the denial on June 3, 2004, of Permit to Alter a Building (on multi-family/commercial building: separate clergy living quarters from pre-existing church space to establish as a separate dwelling unit).
APPLICATION NO. 2004/02/11/6167.
FOR HEARING TODAY.
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ADJOURNMENT.
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. 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: July 22nd, 2004
MEMBERS OF THE BOARD OF APPEALS
KATHLEEN HARRINGTON PRESIDENT
HISASHI B. SUGAYA VICE PRESIDENT
ARNOLD Y.K. CHIN COMMISSIONER
RANDALL KNOX COMMISSIONER
SABRINA N. SAUNDERS COMMISSIONER
CLAUDINE WOEBER - OFFICIAL COURT REPORTER 415-506-0430; 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, 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.
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: 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.
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.
TAPES & TRANSCRIPTS OF MEETINGS & HEARINGS
These items are available for review at the Board's office, 1660 Mission St., Rm. 3036, front counter.
