2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, APRIL 17, 2002
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)ADDENDUM ITEMS:
ITEM A: 144 Eddy Street. Letter from Andrew Zacks, attorney for appellant Empress LLC, requesting rehearing of Appeal No. 01-082, Empress LLC vs. ZA, decided January 9, 2002. Upon motion by Commissioner Cullum, the Board voted 3-2 (President Chin & Commissioner El Qadah dissented) to uphold the subject determination. Determination Holder: Tenderloin Housing Clinic.
ITEM B: 144 Eddy Street. Proposed findings for Appeal 01-081, West Cork LLC vs. ZA, and Appeal 01-082, Empress LLC vs. ZA, decided Jan. 9, 2002. Upon motion by Commissioner Cullum, the Board voted 3-2 (President Chin & Commissioner El Qadah dissented) to uphold the subject determination. Determination Holder: Tenderloin Housing Clinic. For adoption today.
ITEM C: 292 Ivy Street, a.k.a. 393-399 Grove Street, & 450 Gough Street, a.k.a. the "wood building." Letter from Steve Atkinson, attorney for Peer Logic/Critical Path, co-determination holder, requesting rehearing of Appeal 02-001, Max Limited LLC vs. ZA, decided Feb. 20, 2002. Upon motion by Commissioner Cullum, the Board voted 4-1 (President Chin dissented) to overrule the subject determination with findings to be prepared by the appellant’s attorney. Appellant: Max Limited LLC.
ITEM D: 292 Ivy Street, a.k.a. 393-399 Grove Street, & 450 Gough Street, a.k.a. the "wood building." Adoption of Findings for Appeal 02-001, Max Limited LLC vs. ZA, decided Feb. 20, 2002. Proposed findings submitted by Charles Olson, attorney for Max Limited LLC.
ITEM E: 1196 Hampshire Street. Letter from Frank Duarte, requestor, asking that the Board take jurisdiction over Variance Decision No(s). 2001.1160V, granted to James Cline & William Sorenson. Project: to demolish and rebuild a two-story non-complying rear yard structure.
Date Variance Granted: Feb. 14, 2002.
Last Day to Appeal: Feb. 24, 2002
Date Jurisdiction Request Received: March 19, 2002
(4) APPEAL NO. 01-138
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2836 WASHINGTON ST., LLC, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principal(s): None.
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[2836 Washington Street.
[Appealing denial on August 16, 2001, of Site [Permit to Alter a Building (revise plans under [Building Permit Application No. 9903501 in [order to retain pre-existing walls [to serve as a [parapet for the roof).
[APPLICATION NO. 2001/05/11/8354S.
[ORIGINAL HEARING HELD DEC. 5, 2001.
[NOTICE OF SPECIAL RESTRICTIONS [ADOPTED JAN. 16, 2002.
[REQUEST FOR REHEARING GRANTED
[FEB. 27, 2002.
[FOR REHEARING TODAY.
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(5) APPEAL NO. 01-238
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ERIK VON MULLER & PETER FRY,
Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[4733 - 18th Street.
[Appealing a Determination dated December 13, [2001 that Building Permit Application No(s). [2000/12/20/8359 be suspended, and that all [work already completed but not conforming to [that shown on the plans for Site Permit [Addendum No(s). 9817703/S-1 be removed by [the project sponsor.
[PUBLIC HEARING HELD & CLOSED FEB. 6, [2002.
[FOR FURTHER CONSIDERATION TODAY.
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(6) APPEAL NO. 01-222
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BRENDAN LALOR, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principals: SHUI HUNG & SO CHUN LEE
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[1117 Judah Street.
[Appealing denial on November 20, 2001, of [Site Permit to Erect a Building (four-story, two-[unit residential building with 1,575sf of ground [floor area).
[APPLICATION NO. 2000/10/16/3112S
[PUBLIC HEARING HELD MAR. 13, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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(7) APPEAL NO. 01-225
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JIMMY LEE, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principals: None.
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[2 Upland Drive.
[Appealing a denial, on November 14, 2001, of [Site Permit to Alter a Building (alter front entry, [add vertical story over existing building).
[APPLICATION NO. 2000/12/14/7910S.
[FOR HEARING TODAY.
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(8) APPEAL NO. 01-243
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ANDREW & STACEY
FROST, ROBERT & MARIAN
HEATH, KAREN LARSEN, MICHAEL
SHANE, RONNA STONE, TIMOTHY
SMITH, VERNE & ROBERT DOXEY,
DAVID IRWIN, SUSAN GAMBLE,
DEBORAH & H. BOYD SEYMOUR,
and NANCY & ROGER BOAS, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[3352 Washington Street.
[Appealing a determination dated December [17, 2001, addressed to Alice Barkley, attorney [for owners John & Shirley Oswald, that the [proposed roof structure on the subject [property is a dormer and that it complies with [Planning Code § 261 in terms of area [limitation requirements for permitted [exceptions, and that the proposed roof height [is code complying.
[APPLICATION NO. 2000/06/16/2818.
[FOR HEARING TODAY.
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ITEMS (9A) & (9B) SHALL BE HEARD TOGETHER:
(9A) APPEAL NO. V02-014
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CHI NGUYEN, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[626 - 29th Street.
[Appealing conditions of a Front Setback [Variance (construct a new 3-story single family [dwelling in the required front setback ) granted [on January 23, 2002.
[VARIANCE CASE NO. 2001.0146
[FOR HEARING TODAY.
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(9B) APPEAL NO. 02-028
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CHI NGUYEN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principals: THERESA ROBBERSON
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[626 - 29th Street.
[Appealing the denial on February 25, 2002, of [Permit to Erect a Building (3-story single family [dwelling with 1000sf of ground floor area).
[APPLICATION NO. 2000/08/10/7566.
[FOR HEARING TODAY.
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ADJOURNMENT.
Note: Each item on this agenda may include the following documents:
1. Appellant’s statement and rebuttal brief.
2. Permit holder’s response and rebuttal brief.
3. Department decision, permit, determination or resolution.
4. Public 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: April 11, 2002
MEMBERS OF THE BOARD OF APPEALS
ARNOLD Y.K. CHIN PRESIDENT
JOHN E. MCINERNEY, III VICE PRESIDENT
CAROLE S. CULLUM COMMISSIONER
ALLAM M. EL QADAH COMMISSIONER
SABRINA N. SAUNDERS COMMISSIONER
EASTELLER BRUIHL - OFFICIAL COURT REPORTER 348-0050; 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.
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.ci.sf.ca.us/bdappeal/index.html.
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 Arnold Y.K. Chin, 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 Section 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 72 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.
COMMUNICATIONS
Note: Each item on this agenda may include the following documents:
1. Appellant’s statement and rebuttal brief.
2. Permit holder’s response and rebuttal brief.
3. Department decision, permit, determination or resolution.
4. Public correspondence.
These items are available for review at the Board’s office, 1660 Mission Street, Room 3036, front counter.
CITY AND COUNTY OF SAN FRANCISCO
Board of Appeals
Robert H. Feldman, Executive Secretary
1660 Mission Street, Room 3036
San Francisco, California 94103
(415) 575-6880
