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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JANUARY 18, 2006
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
(1) SPECIAL NOTE:
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The Board of Appeals will hold a Special Meeting on Wednesday, February 1 in Room 34 beginning at 5:00 PM to evaluate and possibly propose revisions to the Rules of the Board of Appeals (effective Feb 1, 2002). The Board invites written comments on, or proposed revisions to, the Board Rules in advance of the Special Meeting. Letters can be mailed or hand delivered to the Board office, 1660 Mission Street, Room 3036, San Francisco, CA, 94103; facsimiles can be sent to 415-575-6885; and emails can be sent to Robert.Feldman@sfgov.org or Victor.Pacheco@sfgov.org.
Written comments submitted by 4:00 pm Thursday, Jan. 26, 2006 will be included in the Board's meeting packets.
The current Rules of the Board of Appeals (effective Feb 1, 2002) are posted on the Board website at www.sfgov.org/boa (click on link entitled “About”). Copies are also available at the Board office.
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(2) 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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(3) COMMISSIONERS COMMENTS & QUESTIONS:
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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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.
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(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1375 Harrison Street. Permits issued on November 14, 2005. Last day to appeal was November 29, 2005. Jurisdiction request received on December 22, 2005. Letter from Jim Mannix, asking that the Board take jurisdiction over Building Permit Application No(s). 2005/11/14/2952. Permit Holder(s): Jon Coates. Project: on 4-unit live/work building, install vinyl siding.
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ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. V05-175
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JOHN BRENNAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1420 Haight Street.
Protesting the granting on October 13, 2005, to Mehran Esmaili, Rear Yard & Non-Complying Structure Variances (stair penthouse and elevator mechanical equipment constructed without permits at the rear of the roof of the subject building).
VARIANCE CASE NO. 2004.1203V.
FOR HEARING TODAY.
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(5B) APPEAL NO. 05-194
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MEHRAN ESMAILI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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1420 Haight Street.
Appealing the denial on November 8, 2005, of Permit to Alter a Building (on 2-story retail building: revision; due to construction error, elevator cab floor plan has been revised (reduced to fit within structural constraints of B.P.A. No. 2003/04/21/2757)).
APPLICATION NO. 2003/12/24/3024.
FOR HEARING TODAY.
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(6) APPEAL NO. 05-191
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STEVE & JESSICA WYNNE, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1824 Baker Street.
Appealing a determination dated October 28, 2005, addressed to Jeremy Paul, that the legal use of the subject building is seven dwelling units.
FOR HEARING TODAY.
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(7) APPEAL NO. 05-193
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ARZA TRUST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2646 Hyde Street.
Protesting the issuance on October 27, 2005, to Marla McGowan, Permit to Alter a Building (on 2 –unit building: replace stairs at rear of building – in kind).
APPLICATION NO. 2005/07/15/7691.
FOR HEARING TODAY.
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(8) APPEAL NO. 05-196
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CHEUK YEUNG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Parties: DAVID & LORRAINE BLEIMAN
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231 Ortega Street.
Appealing the denial on November 29, 2005, of Site Permit to Alter a Building (on single-family house: construct 3-story addition to rear of existing 2-story building).
APPLICATION NO. 2004/10/05/6033S.
FOR HEARING TODAY.
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(9) APPEAL NO. 05-198
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BARBARA JEAN GRATTA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1469 Hudson Avenue.
Appealing an Alcoholic Beverage Control (ABC) Permit Zoning Referral, dated November 29, 2005, which states that the proposed wine making operation at the subject property does not fall within a permitted use category in residential districts, nor does it meet criteria as an accessory use under the Planning Code.
FOR HEARING TODAY.
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(10) APPEAL NO. 05-199
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ANGELA ALIOTO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2604 Pacific Avenue.
Protesting the issuance on December 5, 2005, to John Tozzi, Site Permit to Alter a Building (on single-family house: enclose a ground floor space below an existing deck at the rear of the house; new arbor and bay window).
APPLICATION NO. 2004/10/27/1817S.
FOR HEARING TODAY.
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(11) APPEAL NO. 05-202
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JOHN TYNAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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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.
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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: Jan. 12th, 2006
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA PRESIDENT
FRANK FUNG VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
MICHAEL GARCIA COMMISSIONER
RANDALL KNOX COMMISSIONER
CLAUDINE WOEBER - OFFICIAL COURT REPORTER – TEL: 415.506.0430 – 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.
