2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, FEBRUARY 8, 2006
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) SPECIAL ITEM: Presentation by Planning Department Staff of recently adopted Dwelling Unit Merger (DUM) policy of the Planning Commission.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
Taxi medallion no. 436. Letter from Hayward Wong, appellant(s), requesting rehearing of Appeal No(s). 05-179, Wong vs. TC, decided December 14, 2005. At that time, upon motion by President Sugaya, the Board voted 5-0 to uphold the suspension of the subject taxi medallion. Note: Public hearing on this rehearing request was held and closed on Jan. 18, 2006; matter continued to allow time for submittal of additional documents pursuant to the Board’s comments.
|
(4b) REHEARING REQUEST:
Subject property at 2233 Vicente Street. Letter from Walter Wong, agent for Yat Wa Chu, appellant, requesting rehearing of Appeal No(s). 05-177, Chu vs. ZA, decided January 11, 2006. At that time, upon motion by President Sugaya, the Board voted 5-0 to uphold the determination regarding the legality of the existing use of the subject property (hardware and builders supply business with an outdoor storage yard), which is located in an NC-1 (Neighborhood Commercial Cluster) zoning district.
|
(4c) REHEARING REQUEST:
Subject property at 1740 Filbert Street. Letter from Amy McDougall, appellant(s), requesting rehearing of Appeal No(s). 05-064/065, McDougall vs. DBI, PDD, decided June 8, 2005. At that time, upon motion by Commissioner Saunders, the Board voted 5-0 to uphold the denial of both permits by the Planning Department. Project, 1st permit: demolish a single-story building with 320sf of ground floor area, BPA No. 2004/12/02/0582. Project, 2nd permit: construction of a 4-story single-family dwelling with 1,224sf of ground floor area, BPA No. 2004/12/02/0571S.
|
(5) APPEAL NO. 05-206
PATRICK MISSUD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
438-440 Campbell Avenue.
Appealing the imposition of penalty on December 8, 2005, for work done without a permit (on two-unit building: remodel both units including kitchen, bath, wooden windows and drywall; update electric and heating; new paint and flooring; widen front driveway to allow for 20% front yard landscaping; remove roof deck; correct all violations).
APPLICATION NO. 2005/10/04/4669.
FOR HEARING TODAY.
|
(6) APPEAL NO. 05-207
JEFF KENDALL, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
1545 Broadway.
Appealing the imposition of penalty on December 19, 2005, for work done without a permit (on 24-unit condominium building: repair all windows on front of building; aluminum to vinyl; no structural changes visible from street).
APPLICATION NO. 2005/10/03/4526.
FOR HEARING TODAY.
|
(7) APPEAL NO. 05-209
JOHN ZINN, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
|
2055 – 21st Avenue.
Appealing the conditions placed on a Permit to Remove and Replace One (1) Tree.
ORDER NO. 175,765.
FOR HEARING TODAY.
|
(8) APPEAL NO. 05-191
STEVE & JESSICA WYNNE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
1824 Baker Street.
Appealing the denial, on January 31, 2006, of Permit to Alter a Building (legalize conversion from 7 dwelling units to 2 dwelling units).
APPLICATION NO. 2003/10/03/6524.
FOR HEARING TODAY.
|
ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. 05-200
GUY CARSON, MICHAEL SIDLOW,
& TOM LANGSTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
744 Union Street #5.
Protesting the issuance on November 23, 2005, to W.B. Coyle, Permit to Alter a Building (renew B.P.A. No. 2005/04/28/1102; on 6-unit apartment building; remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).
APPLICATION NO. 2005/11/23/8922.
FOR HEARING TODAY.
|
(9B) APPEAL NO. 05-201
GUY CARSON, MICHAEL SIDLOW,
& TOM LANGSTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
744 Union Street #2.
Protesting the issuance on November 23, 2005, to W.B. Coyle, Permit to Alter a Building (renew B.P.A. No. 2005/04/28/1105; on 6-unit apartment building; remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).
APPLICATION NO. 2005/11/23/8924.
FOR HEARING TODAY.
|
(10) APPEAL NO. 05-202
JOHN TYNAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
1960, 1980-1998 Golden Gate Avenue.
Protesting the issuance on November 23, 2005, to Prana Eight Properties LLC, Permit to Alter a Building (on 12-unit apartment building: response to NOV No. 200338880; remove 2 illegal ground floor dwelling units; remove defective bathroom on 1st floor; remove existing defective rear exit stair and deck; provide new required exit with fire-escape per “local equivalency”; provide new kitchen and bathroom for existing 4th floor apartments).
APPLICATION NO. 2003/12/02/1446.
FOR HEARING TODAY.
|
(11) APPEAL NO. 05-208
MARY GRUDNOWSKI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
2740-2742 Filbert Street.
Appealing the suspension on December 7, 2005, of Building Permit Application No. 2005/11/04/7478 (a revision to B.P.A. No. 2004/04/08/0828). Reason(s) for suspension: the Planning Department needs time to research whether this revision permit requires additional notification and/or consideration by the Planning Commission since the underlying permit was subject to a Discretionary Review (DR) hearing on September 23, 2004.
FOR HEARING TODAY.
|
(12) APPEAL NO. 05-211
ST. MARY’S
IMPROVEMENT CLUB, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
|
201 College Avenue.
Protesting the issuance on December 13, 2005, to Alexander & Robin Paret, Permit to Alter a Building (on single-family house: replace chain link fence and broken retaining wall with new wall; new curb cut).
APPLICATION NO. 2005/06/01/3894.
FOR HEARING TODAY.
|
(13) APPEAL NO. 05-212
AMIR ZAVIEH, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
|
2124 Hyde Street.
Protesting the issuance on December 9, 2005, to B.F. Herman, Permit to Alter a Building (on 7-unit apartment building: remodel kitchen in unit nos. 1,4,5 and 6; replace cabinets and counters; no structural work; comply with NOV no. 200564773).
APPLICATION NO. 2005/12/09/9928.
FOR HEARING TODAY.
|
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 2, 2006
MEMBERS OF THE BOARD OF APPEALS
FRANK FUNG PRESIDENT
RANDALL KNOX VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
MICHAEL GARCIA COMMISSIONER
HISASHI B. SUGAYA COMMISSIONER
CLAUDINE WOEBER - OFFICIAL COURT REPORTER – TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net. 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 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: Adele Destro by mail to Interim 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 Ms. Destro 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 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.
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.