2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, JUNE 5, 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)CLOSED SESSION:
ITEM A: Public Comment concerning the Closed Session.
ITEM B: Discussion and vote pursuant to Administrative Code § 67.11(a) as to whether to conduct a closed session and invoke the attorney-client privilege.
ITEM C: Pursuant to Government Code § 54956.9 and Administrative Code § 67.8 (3), the Board of Appeals will meet in Closed Session to discuss and take action on attorney-client matters in the following case:
i. EXISTING LITIGATION:
Preservation Properties vs. Board of Appeals et al., Superior Court No(s). 500296,
Re: Appeal No(s). 01-109/110/111/112, Wojak et al. vs. DBI,
1775-1777 Yosemite Avenue & 1760 Armstrong Avenue
On September 12, 2001, upon motion by Commissioner Cullum, the Board voted 4-1 (President Chin dissented) to revoke all four permits; on October 10, 2001, upon motion by Commissioner El Qadah, the Board voted 3-2 (President Chin & Commissioner McInerney dissented) to deny the request for rehearing by the permit holder.
ITEM D: Adjourn Closed Session.
ITEM E: Motion to disclose or not disclose the information discussed in the Closed Session.
ITEM F: Reconvene Regular Meeting.
(4)ADDENDUM ITEM(S):
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: 315 & 319 Edgehill Way. Letter from Tim Colen, agent for the Edgehill Way Homeowner’s Association, § 14 Party, requesting rehearing of Appeal No(s). 02-037/038, Forest View LLC vs. DBI, PCD, decided May 15, 2002. Upon motion by Commissioner McInerney, the Board voted 4-1 (President Chin dissented) to overrule the Planning Commission’s denial, and grant both permits with the following conditions: a) that the overall length of the building be reduced from 50 feet to 40 feet; b) that the gross square footage of each house not exceed 3600sf including the garage and storage space; c) that the project sponsor provide a street improvement bond for all roadwork; d) that no construction on the project begin other than foundation work until all roadway widening work in front of all 6 lots intended for development is complete; e) that the project sponsor will record an open space preservation easement for all six lots to be approved by the Board on June 5, 2002; f) that conditions of the Structural Advisory Committee be implemented by the project sponsor; g) and that findings be prepared by the appellant’s attorney for adoption by the Board on June 5, 2002.
ITEM D: 315 & 319 Edgehill Way. Proposed findings and Notice of Special Restrictions (open space preservation easement) for Appeal Nos. 02-037/038, Forest View LLC vs. DBI, PCD, decided May 15, 2002. Upon motion by Commissioner McInerney, the Board voted 4-1 (President Chin dissented) to overrule the Planning Commission’s denial, and grant both permits with the conditions as listed above in Item C.
ITEM E: 271 Cumberland Street #5. Letter from Chuck Louden, permit holder, requesting rehearing of Appeal No. 01-175, Holland vs. DBI, PDA, decided May 15, 2002. Upon motion by Commissioner Cullum, the Board voted 5-0 to revoke the subject permit. Project: comply with NOV, replacement roof deck, 2X4 sleepers on asphalt roof (legalize existing deck).
(5) APPEAL NO. 02-050
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MARC & LISA CABI, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principals: SUSAN LANDLOR KEEGIN
& DOUGLAS GOLDMAN
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[2518 Union Street.
[Appealing the denial on March 21, 2002, of [Permit to Alter a Building (3-story rear addition, [bay additions east/west sides, new foundation, [garage addition, terrace addition at front, new [rear egress stairs, roof alterations, remodel [kitchen and bathrooms).
[APPLICATION NO. 2001/04/11/6580.
[PUBLIC HEARING HELD & CLOSED [MAY 22, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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(6)CONSENT ITEMS: With the consent of the Department of Building Inspection, the Board will proceed to a vote without testimony to reduce the penalty (investigation fee) to two times the regular fee as provided for in the Building Code. Without consent the Board will take testimony and then decide the appeal.
(6A) APPEAL NO. 02-059
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DONALD MASSONI, MARIANNE
SACCO & RONALD MASSONI, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[443 - 8th Avenue.
[Appealing the imposition of penalty on [March 19, 2002 for work done without a permit.
[APPLICATION NO. 2002/03/04/0551.
[FOR HEARING TODAY.
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(6B) APPEAL NO. 02-062
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ZHENWEN ZHU, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[381 Baltimore Way.
[Appeal for refund of penalty imposed on [April 10, 2002, for work done without a permit.
[APPLICATION NO. 2002/02/28/0339.
[FOR HEARING TODAY.
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(6C) APPEAL NO. 02-069
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JUDY CHIN, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[22 Madison Street.
[Appeal for refund of penalty imposed on [April 15, 2002, for work done without a permit.
[APPLICATION NO. 2002/01/15/6948.
[FOR HEARING TODAY.
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(6D) APPEAL NO. 02-072
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RAYMOND ZHANG, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[1261 Goettingen Street.
[Appealing imposition of penalty on April 17, [2002, for work done without a permit.
[APPLICATION NO.
[FOR HEARING TODAY.
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(7) APPEAL NO. 02-017
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TEODORA MONTOYA, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. DISAPPROVAL
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[951 Naples Street.
[Appealing denial on February 4, 2002, of [Permit to Alter a Building (legalize existing in-[law apartment in basement).
[APPLICATION NO. 2001/10/10/0331.
[PUBLIC HEARING HELD APRIL 3, 2002.
[FOR FURTHER CONSIDERATION TODAY.
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(8) APPEAL NO. 02-054
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KATHERINE ROBERTS
& JAMES DYER, Appellant(s)
DEPT. OF PUBLIC WORKS, Respondent
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[1514 Waller Street.
[Protesting the issuance on March 12, 2002, to [Brendan McKenna, Permit to Remove One [Tree (Without Replacement).
[ORDER NO. 173,400.
[FOR HEARING TODAY.
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(9) APPEAL NO. 02-067
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KATHERINE
ROBERTS & JAMES DYER, Appellant(s)
DEPT. OF PUBLIC WORKS, Respondent
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[1478 Page Street.
[Protesting the issuance on March 28, 2002, to [Michael Farr, Permit to Remove & Replace [One (1) Tree with an "in-lieu fee" condition.
[ORDER NO. 173,447.
[FOR HEARING TODAY.
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(10) APPEAL NO. 96-175
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REBECCA A. VISPERAS, Appellant(s)
DEPT. BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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[550-552 Athens Street.
[Denial on December 9, 1996, of permit to Alter [a Building (legalize existing use a two family [dwelling on two floors of occupancy).
[APPLICATION NO. 9518320.
FOR HEARING TODAY.
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(11) APPEAL NO. 02-066
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VAN TRAN, Appellant(s)
POLICE DEPT., Respondent
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[Appealing the denial on April 2, 2002, of an [application for additional stops at 1345 & 1389 [Underwood Avenue for Mobile Catering Truck [No(s). 33.
[FOR HEARING TODAY.
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(12) APPEAL NO. 02-070
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MARY BAGGENSTOSS, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
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[1257B Dolores Street.
[Protesting the issuance on April 5, 2002, to [Anne Walzer, Permit to Alter a Building (1/4" [sheetrock attached to shearwalls, shelf and [structure to box in sloped cement foundation [along north wall, plywood floor to create level [floor).
[APPLICATION NO. 2002/04/05/3239.
[FOR HEARING TODAY.
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(13) APPEAL NO. 02-071
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LE COLONIAL LLP, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[20 Cosmo Place.
[Appealing a determination dated Jan. 30, 2002, [addressed to Tim Dale, that a Place of [Entertainment Permit Application cannot be [approved because the subject property abuts [the RC-4 zoning district and has an open [balcony at the rear of the second floor of [occupancy, in violation of Planning Code [§ 221(f) which states that a place of [entertainment may not have any opening other [than fixed windows and exits required by law if [the property is within 50 feet of an R zoning [district.
[JURISDICTION GRANTED APRIL 3, 2002.
[FOR HEARING TODAY.
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(14) 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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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. DATE POSTED: May 30, 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
