To view graphic version of this page, refresh this page (F5)

Skip to page body

Meeting Information



2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 

 

 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, MARCH 25, 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) COMMMISSIONERS COMMENTS & QUESTIONS:

 

(3) ADOPTION OF MINUTES:

Discussion and possible adoption of the Feb. 18, 2009 and March 4, 2009 minutes.


 

(4) ADDENDUM ITEMS:

(4a) JURISDICTION REQUEST:

Subject property at 101 Frederick Street. Letter from Joyce Nardone, Lynn Morgan, Patrick Gaffney and Beth Wilson, requestors, asking that the Board take jurisdiction over BPA No. 2009/02/03/1315, which was issued on Feb. 4, 2009, and for which the appeal period lapsed on Feb. 19, 2009. Permit Holder: Thomas Mitchell. Project: in all units relocate kitchen to dining area; convert kitchen to bedrooms; replace shower pans; rebuild rear stair in kind; repair dry rot damage to exterior wall.

 

(4b) ADOPTION OF FINDINGS:

Subject property at 365 Fulton Street. Appeal No. 08-183, Keeling vs. DBI, RAA, decided Feb. 11, 2009. At that time, the Board voted 5-0 to uphold the subject permit on condition that a good neighbor plan be adopted regarding communications and a maintenance, and with adoption of findings at a later time. Permit Holder: Mercy Housing. Project: construct a five-story, 120 unit residential /retail building with 13,286sf of ground floor area; BPA No. 2008/07/11/6520S.

 

(4c) ADOPTION OF FINDINGS:

Subject property at 1581 Bush Street & 1450 Franklin Street. Appeal Nos. 08-188/189, San Francisco Architectural Heritage vs. DBI, RAA, decided Feb. 18, 2009. At that time, the Board voted 3-2 (Commissioners Goh and Mandelman dissented) to uphold both permits with adoption of findings at a later time, and on condition that there be ten (10) affordable units. Four votes being required under the City Charter to impose conditions on a departmental action, the permits were upheld with no conditions and with adoption of findings at a later time. Permit Holder: Pacific Heights Franklin Partners LLC. Project: demolish a two-story auto sales/service building with 12,000sf of ground floor area (BPA No. 2008/09/25/2656), and construct a 13-story, 69-unit residential/commercial building with 12,000sf of ground floor area (BPA No. 2008/09/25/2660S).

 

 

(5) APPEAL NO. 09-002

NICK SHOMAN

dba "CHARLIE’S DRUG STORE", Appellant(s)

vs.

DEPT. OF PUBLIC HEALTH, Respondent

1101 Fillmore Street.

Appealing the suspension of a Tobacco Sales Permit, imposed on Dec. 23, 2008, for violation of § 1009.92 of the Health Code.

FOR HEARING TODAY.


 

 

(6) APPEAL NO. 09-009

BRIDGE HOUSING, Appellant(s)

vs.

DEPT. OF PUBLIC WORKS

BUREAU OF URBAN FORESTRY, Respondent

3575 Geary Blvd.

Appealing the conditions placed on a Tree Removal Permit.

ORDER NO. 177,774.

JURISDICTION GRANTED JAN. 14, 2009.

FOR HEARING TODAY.


 

 

(7) APPEAL NO. 08-178

NANCY PANNOS, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

940 Cayuga Avenue.

Protesting the issuance on Nov. 12, 2008, to William Tong, Permit to Alter a Building (comply with NOV No. 200846653 to legalize existing rear deck at 2nd floor; revision to approved BPA No. 2008/07/17/6920; reconfigure kitchen, dining and bedroom layout at 2nd floor; repair front stair).

APPLICATION NO. 2008/11/10/6249.

PUBLIC HEARING HELD AND CLOSED ON FEB. 4, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for the permit holder to confer with DBI and submit revised plans pursuant to the Board’s comments.


 

 

(8) APPEAL NO. 08-194

REAGAN LEE, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

2475  - 17th Avenue.

Protesting the issuance on Dec. 8, 2008, to Owen Guan, Permit to Alter a Building (construct one-story rear stairs at rear of existing building; alteration to existing ground floor to add two bedrooms, two full bathrooms, two storage rooms and laundry; alteration to existing 2nd floor to add two bathrooms, remodel existing two bathrooms, and re-wiring per plan).

PUBLIC HEARING HELD AND CLOSED ON MARCH 4, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for Planning Dept. staff to confer with the permit holder and re-review the project.


 

 

(9) APPEAL NO. 09-004

CANTRELL HARRIS, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

 

646 - 648 Madrid Street.

Appealing the imposition of penalty on Jan. 9, 2009, for construction work done without a permit.

APPLICATION NO. 2008/11/26/7409.

FOR HEARING TODAY.


 

 

10) APPEAL NO. 09-008

GREGORY JOHNSON, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

 

2614 Buchanan Street #2.

Protesting the issuance on Jan. 21, 2009, to Michael Apigian, Plumbing Permit (relocate water heater into closet; correct complaint # 200363055).

APPLICATION NO. PP2009/01/21/571.

FOR HEARING TODAY.


 

 

(11) APPEAL NO. 09-010

JOSEPH & KATHLEEN HOEGGER, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

 

20 Burlwood Drive.

Protesting the issuance on Jan. 21, 2009, to Peter Wong, Permit to Alter a Building (install concrete retaining wall; comply with NOV No. 200882654).

APPLICATION NO. 2009/01/21/0550.

FOR HEARING TODAY.


 

 

(12) APPEAL NO. 09-012

ALAN REVERE, NANCY BARAN,

BART KYLSTRA, JEFF WILKINSON,

STEVE SIMONS, RICHARD SERRAO,

STACY THAL, R. SAMUEL KLATCHKO, STEPHEN YI-KRAWCZYK,

& YU LING CHEN, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING DEPT. APPROVAL

 

170 - 172 Clara Street.

Protesting the issuance on Jan. 16, 2009, to Fritz Schneider, Permit to Alter a Building (seismic upgrade; enclose storage, add exterior courtyard, new stair, new ADA bathroom, and new storage on level one; remove portion of level two floor, new stair, new bathroom, and new storage on level two; add skylights; new roof access with perimeter parapet).

APPLICATION NO. 2007/12/31/1629.

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 (Mon. - Fri., 8am - 12pm & 1pm - 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 (Mon. - Fri., 8am - 12pm & 1pm - 5pm, 1650 Mission Street, Room 304). Please call 415-575-6880 if you have any questions concerning this agenda. Date posted: March 20, 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. 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 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: 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 atsotf@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 Board office, and on the Board’s web site.

 

DVD'S OF MEETINGS

 

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