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BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

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

(3) ADDENDUM ITEMS:

(3a) REHEARING REQUEST:

Subject property at 1284 Mission Street. Letter from Geoffrey Rotwein, attorney for Arthur Lee dba “Lee’s Oriental Massage”, appellant, requesting rehearing of Appeal No. 06-103, Lee’s Oriental Massage vs. DPH, decided September 20, 2006. At that time, upon motion by Commissioner Albright, the Board voted 4-0-1 (Vice President Knox recused) to uphold the revocation of the subject permit (Massage Establishment Permit).

(3b) ADOPTION OF FINDINGS:

Subject property at 615 – 38^th Avenue. Appeal No. V06-106, Woo vs. ZA, decided September 6, 2006. At that time, upon motion by Vice President Knox, the Board voted 5-0 to overrule the denial, and grant the variance with findings to be adopted at a later date. Project: Rear Yard Variance (construct a horizontal addition and egress stairs at the 2^nd story level, that will extend into the required rear yard of an existing 3-story, single-family dwelling); variance case no. 2006.0153V.

(3c) ADOPTION OF FINDINGS:

Subject property at 504 – 6^th 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.

(3d) ADOPTION OF FINDINGS:

Subject property at 1302-1306 Fulton Street. Appeal No. 06-124, Dajani vs. ZA, decided October 11, 2006. At that time, upon motion by Commissioner Haaland, the Board voted 5-0 to overrule the ZA’s determination (regarding the reinstatement of an inactive/dormant Alcohol Beverage Control (ABC) License Type 20 (Off-Sale Beer & Wine) in the Divisadero Street Alcohol Restricted Use District), with findings and conditions to be adopted on October 25, 2006.

(3e) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:

Subject property at 226A Oneida Avenue. Permit issued on May 5, 2006. Last day to appeal was May 22, 2006. Jurisdiction request received on October 12, 2006. Letter from Preet Bains, requestor, asking that the Board take jurisdiction over BPA No. 2000/03/30/5829. Permit Holder: Hungsland Property. Project: erect a two-story single-family house.

(4) APPEAL NO. 06-130

HAROLD DARLING, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

§ 13 Party: SAN FRANCISCO TENANTS UNION

734 Bush Street # 54, 56 & 57.

Protesting the issuance on August 11, 2006, to 500-734 OLDE LLC, Permit to Alter a Building (on 47-unit apartment building: remodel kitchen and bath; new countertop and cabinets).

APPLICATION NO. 2006/08/11/9243.

PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.

ITEMS (5A), (5B) (5C), (5D), (5E), (5F), (5G) & (5H) SHALL BE HEARD TOGETHER:

(5A) APPEAL NO. 06-136

HAROLD DARLING, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

§ 13 Party: SAN FRANCISCO TENANTS UNION

625 Taylor Street #103.

Protesting the issuance on August 23, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).

APPLICATION NO. 2006/08/23/0239.

PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.

(5B) APPEAL NO. 06-137

HAROLD DARLING, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

§ 13 Party: SAN FRANCISCO TENANTS UNION

625 Taylor Street #201.

Protesting the issuance on August 22, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).

APPLICATION NO. 2006/08/22/0221.

PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.

(5C) APPEAL NO. 06-138

HAROLD DARLING, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

§ 13 Party: SAN FRANCISCO TENANTS UNION

625 Taylor Street #203.

APPLICATION NO. 2006/08/22/0231.

PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.

(5D) APPEAL NO. 06-139

HAROLD DARLING, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

§ 13 Party: SAN FRANCISCO TENANTS UNION

625 Taylor Street #303.

APPLICATION NO. 2006/08/22/0157.

PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.

(5E) APPEAL NO. 06-140

HAROLD DARLING, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

§ 13 Party: SAN FRANCISCO TENANTS UNION

625 Taylor Street #400.

APPLICATION NO. 2006/08/22/0208.

PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.

(5F) APPEAL NO. 06-141

HAROLD DARLING, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

§ 13 Party: SAN FRANCISCO TENANTS UNION

625 Taylor Street #402.

Protesting the issuance on August 18, 2006, to Trophy Properties VII LLC, Permit to Alter a Building (on multi-unit apartment building: kitchen and bath remodel in kind; cabinets, countertop, shower enclosure, sink, faucet, and shower valve).

APPLICATION NO. 2006/08/18/9835.

PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.

(5G) APPEAL NO. 06-142

HAROLD DARLING, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

§ 13 Party: SAN FRANCISCO TENANTS UNION

625 Taylor Street #403.

APPLICATION NO. 2006/08/18/9836.

PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.

(5H) APPEAL NO. 06-143

HAROLD DARLING, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

§ 13 Party: SAN FRANCISCO TENANTS UNION

625 Taylor Street #503.

APPLICATION NO. 2006/08/18/9837.

PUBLIC HEARING HELD & CLOSED ON OCTOBER 18, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued for final vote, and adoption of conditions and findings.

(6) APPEAL NO. 06-144

ELAINE GINSBURG, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

361 Elsie Street.

Protesting the issuance on August 21, 2006, to Jenny Mendez, Permit to Alter a Building (on two-unit building: provide shoring for work under Building Permit Application No. 2003/08/08/1581; no other work).

APPLICATION NO. 2005/04/29/1214.

FOR HEARING TODAY.

(7) APPEAL NO. 06-145

KEVIN REED

dba “GREEN CROSS”, Appellant(s)

vs.

DEPT. OF BUILDING INSPECTION, Respondent

PLANNING COMMISSION DISAPPROVAL

2701 Leavenworth Street.

Appealing the denial on August 16, 2006, of Permit to Alter a Building (on two-unit building: change in use from restaurant to medical cannabis dispensary at ground floor).

APPLICATION NO. 2006/03/29/7757.

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: October 19, 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 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: 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.

TAPES & TRANSCRIPTS OF MEETINGS & HEARINGS

Transcripts of hearings may be obtained from the Official Court Reporter, Claudine Woeber.

TEL: 415.493.5751 – FAX: 415.883.4272 – EMAIL: cwreporting@comcast.net.

Audiotapes of meetings may be obtained from the Board office. Please telephone 415-575-6880 for information.

Videotapes of meetings may be obtained from SFGTV, Channel 26. Please telephone 415-554-4188 for information.

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.

Meeting Information

PROHIBITION OF SOUND-PRODUCING ELECTRONIC DEVICES