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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, SEPTEMBER 13, 2006
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) COMMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 74 Museum Way. Penalty paid on June 16, 2006. Last day to appeal was July 3, 2006. Jurisdiction request received on July 25, 2006. Letter from Nicole Tai, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2006/06/16/4259 for the purpose of filing a penalty appeal. Project: on 2-unit building, remove decks on 2nd and 3rd floor; insulate and patch siding to match exterior vinyl siding; remove illegal kitchen built in 1977; comply with NOV No. 200451036. Note: public hearing held and closed on August 16, 2006; for further consideration today; matter continued to allow DBI time to review possibility of administrative reduction of penalty.
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(3b) ADOPTION OF FINDINGS:
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Subject property at 504 – 6th Street. Appeal No. 06-039, Hicks vs. DBI, PDD, decided August 16, 2006 at a rehearing. At that time, upon motion by Commissioner Garcia, the Board voted 5-0 to overrule the denial, and grant the permit, with findings to be adopted at a later date. Project: construction of sign (ground, non-electric, single-faced, 14’ X 48’, with 672sf of total surface area), BPA No. 2005/10/11/5200.
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(3c) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 1735 Van Ness Avenue. Permit issued on July 24, 2006. Last day to appeal was August 8, 2006. Jurisdiction request received on August 28, 2006. Letter from Harold Darling, requestor(s), asking that the Board take jurisdiction over Building Permit Application No. 2006/07/24/7390. Permit Holder(s): Trophy Properties VII LLC. Project: demolish old cabinets, install new ones, no changes to partition window, no structural. Note: Appeal No. 06-122, filed on August 14, 2006 and scheduled for hearing on Oct. 11, 2006, involves a revision permit at the subject property (BPA No. 2006/08/11/9260, on multi-unit apartment building: revision to BPA No. 2006/07/24/7390; increase valuation from $45,000 to $75,000; pay additional fees).
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(3d) REHEARING REQUEST:
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Subject property at 400 Paul Avenue. Letter from Alice Barkley, attorney for 400 Paul Wave Exchange LLC, appellant, requesting rehearing of Appeal No. 06-092, 400 Paul Wave Exchange LLC vs. ZA, decided August 16, 2006. At that time, upon motion by Commissioner Haaland, the Board voted 3-2 (President Fung and Vice President Knox dissented) to uphold the ZA’s determination. Determination: that an additional extension of time in which to meet the obligations of the Conditional Use Authorization (construction of a 4-story, 330,000sf internet services exchange facility) cannot be granted, and therefore, the 3-year time limit (including the previous one year extension) terminated on May 16, 2006.
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(4) APPEAL NO. 06-094
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ANDREW FERRIGNO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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700E Taylor Street.
Appealing the imposition of penalty on June 7, 2006, for work done without a permit (various electrical work including installation of electric heaters).
APPLICATION NO. E200605238052.
FOR HEARING TODAY.
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(5) APPEAL NO. 06-107
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LAKESIDE PROPERTY
OWNERS ASSOCIATION, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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Junipero Serra Blvd. Greenbelt (from Rossmore Drive to Stratford Drive).
Protesting the issuance on July 11, 2006, of Permit to Remove and Replace Twenty-Five (25) Trees.
ORDER NO. 176,181.
FOR HEARING TODAY.
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(6) APPEAL NO. 06-109
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GALINA SMIRNOVA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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1270-1272 – 47th Avenue.
Protesting the issuance on July 11, 2006, to W. Szmokaluk, Permit to Alter a Building (on 2-unit building: remove sheet rock; sand and refinish floors; repair bathroom tile; paint walls; replace dishwasher; comply with NOV No. 200670570; all work in Unit 1272).
APPLICATION NO. 2006/07/11/6185.
FOR HEARING TODAY.
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(7) APPEAL NO. 06-110
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SPORTS BASEMENT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1590 Bryant Street.
Appealing a determination dated July 20, 2006, addressed to Tony Sanchez-Corea, concerning a proposal at the subject property for a 54,000 gross square foot Sports Basement store (retail sales and services facility).
FOR HEARING TODAY.
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(8) APPEAL NO. V06-111
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EDWARD BRAUER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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289 Frederick Street.
Protesting the granting on July 17, 2006, to David Smith & Millicent Buxton-Smith, Rear Yard and Non-Complying Structure Variances (construction of a one-story side horizontal addition at the existing west side setback located towards the rear of the house, and construction of a rear horizontal addition at all three levels).
VARIANCE CASE NO. 2005.1012V.
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: September 7, 2006
MEMBERS OF THE BOARD OF APPEALS
FRANK FUNG PRESIDENT
RANDALL KNOX VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
MICHAEL GARCIA COMMISSIONER
ROBERT HAALAND COMMISSIONER
CLAUDINE WOEBER - OFFICIAL COURT REPORTER – TEL: 415.493.5751 – FAX: 415.493.5042 – 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 officialrecord 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: 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 at sotf@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 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.
