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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JANUARY 25, 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) ELECTION OF OFFICERS
(3) COMMISSIONERS COMMENTS & QUESTIONS
(4) ADDENDUM ITEMS:
(4a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 71 Hancock Street. Permit issued on December 14, 2005. Last day to appeal was December 29, 2005. Jurisdiction request received on January 9, 2006. Letter from Richard Sinkoff, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2005/12/14/0294. Permit Holder(s): Robert Wexler. Project: on single-family house, new deck at rear of house.
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(4b) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 244 – 246 – 6th Avenue. Permits issued on March 16, 2005, June 10, 2005, July 21, 2005, July 28, 2005, and Sept. 27, 2005. Last day to appeal was March 31, 2005, June 27, 2005, August 5, 2005, and August 12, 2005, respectively. Jurisdiction requests received on December 5, 2005. Letter from Susan Payne & Arisa Fuller, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2005/03/16/7644, 2004/09/27/5239, 2005/07/21/8222, and 2005/07/28/8867. Permit Holder(s): Jing Je He. Project: 1st permit, rearrange rooms, add 1 ½ bath, part of roofing (unsound) to be repaired; 2nd permit, change pitched roof to flat roof, extend right and left side building to property line; 3rd permit, replace unsound gyp. board on wall and ceiling; replace rotten wall studs and joists; 4th permit, add floor joists and flooring above second floor. Note: Appeal 05-168 (Item 5 on tonight’s agenda), Payne & Fuller vs. DBI, PDA, filed on Oct. 12, 2005, relates to a 5th building permit issued on Sept. 27, 2005 for the same subject property. Further Note: public hearing on this jurisdiction request was held and closed on Jan. 11, 2006; matter continued to allow time for DBI and Planning to review the neighbor notification issue.
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(5) APPEAL NO. 05-168
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SUSAN PAYNE & ARISA FULLER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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244 – 6th Avenue.
Protesting the issuance on September 27, 2005, to Jing Jie He, Permit to Alter a Building (on 2-unit building: replace unsound stair and replace stone with stucco per plan).
APPLICATION NO. 2005/09/27/3928.
FOR HEARING TODAY.
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(6) APPEAL NO. 04-136
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JUAN MAGARIN
dba “MISSION BAY TOW”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1100 Crescent Avenue.
Appealing a Police Permit Zoning Referral (P51, Tow Car Firm) dated September 28, 2004, addressed to Juan Magarin, that the proposed use at the subject property, tow car operator, is not a permitted use in the NC-S (Neighborhood Commercial Shopping Center) zoning district pursuant to Planning Code §§ 713.1 to 713.95, and that Planning Department records do not indicate the legal establishment of a non-conforming use for a tow car operator at this location.
PUBLIC HEARING HELD & CLOSED ON NOVEMBER 2, 2005. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow appellant time to relocate his tow car business to an appropriate zoning district.
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(7) APPEAL NO. 05-171
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YUE ZHEN OU, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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260 Kearny Street.
Appealing a Health Permit Zoning Referral, dated July 20, 2005, addressed to Yue Zhen Ou, which disapproves the proposed massage establishment use because such use is not permitted within the C-3-O (Downtown Office) zoning district under § 218.1 of the Planning Code.
JURISDICTION GRANTED OCT. 5, 2005.
PUBLIC HEARING HELD & CLOSED ON DEC. 7, 2005. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellant and the ZA to work out a solution.
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(8) APPEAL NO. V05-182
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VIBRANT MEDIA INC., Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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535 Mission Street.
Protesting the granting on October 19, 2005, to Monahan Pacific Inc., Dwelling Unit Exposure Variance (demolish existing parking lot and construct a 34-story building with up to 273 dwelling units, approx. 4,000sf of ground floor retail space, 7,230sf of common usable open space for residential use, 80sf of public open space for retail use, and a 5-level underground garage for up to 273 parking spaces using mechanical stackers and valet service.
VARIANCE CASE. NO. 2004.0297EKXV.
PUBLIC HEARING HELD & CLOSED ON JANUARY 11, 2006. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for submittal of the mitigated negative declaration by the variance holder.
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(9) APPEAL NO. 05-167
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BAY CAB COMPANY, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing a Notice of Decision dated September 26, 2005, that orders the payment of all fines, abatement of all violations within 3 months, and the imposition of a 1-year probation.
RESOLUTION NO. 2005-60.
FOR HEARING TODAY.
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(10) APPEAL NO. 05-183
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JOHN & CONNIE LINEHAN, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF URBAN FORESTRY, Respondent
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839 North Point Street.
Appealing the denial on October 17, 2005, of Permit to Remove and Replace One (1) Tree.
ORDER NO. 175,641.
FOR HEARING TODAY.
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ITEMS (11A) & (11B) SHALL BE HEARD TOGETHER:
(11A) APPEAL NO. 05-200
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GUY CARSON, MICHAEL SIDLOW,
& TOM LANGSTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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744 Union Street #5.
Protesting the issuance on November 23, 2005, to W.B. Coyle, Permit to Alter a Building (renew B.P.A. No. 2005/04/28/1102; on 6-unit apartment building; remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).
APPLICATION NO. 2005/11/23/8922.
FOR HEARING TODAY.
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(11B) APPEAL NO. 05-201
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GUY CARSON, MICHAEL SIDLOW,
& TOM LANGSTON, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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744 Union Street #2.
Protesting the issuance on November 23, 2005, to W.B. Coyle, Permit to Alter a Building (renew B.P.A. No. 2005/04/28/1105; on 6-unit apartment building; remodel kitchen and bath; repair/replace wood floors as necessary; refinish floor for entire apartment; replace damaged floor, less than 200sf; replace sink, appliances, counter tops and cabinets in kitchen; and replace tub, sink and toilet in bathroom).
APPLICATION NO. 2005/11/23/8924.
FOR HEARING TODAY.
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(12) APPEAL NO. 05-203
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JEFFREY
& KATHLEEN PASELTINER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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2555 Leavenworth Street #302 & 303.
Appealing the denial on December 6, 2005, of Permit to Alter a Building (on 22-unit building: revert layout from combined unit back to 2 units; remove kitchen and install 2 new ones; add 1 bathroom and remodel 3 bathrooms; no structural nor exterior alteration proposed).
APPLICATION NO. 2005/08/10/9955.
FOR HEARING TODAY.
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(13) APPEAL NO. 05-204
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ELLEN CIRANGLE
& ROBERT QUINN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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148 Beacon Street.
Protesting the issuance on November 30, 2005, to John Brennan, Permit to Erect a Building (4-story, single-family house with 1000sf of ground floor area).
APPLICATION NO. 2001/03/09/3927S.
FOR HEARING TODAY.
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(14) SPECIAL NOTE:
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The Board of Appeals will hold a Special Meeting on Wednesday, February 1 in Room 34 beginning at 5:00 PM to evaluate and possibly propose revisions to the Rules of the Board of Appeals (effective Feb 1, 2002). The Board invites written comments on, or proposed revisions to, the Board Rules in advance of the Special Meeting. Letters can be mailed or hand delivered to the Board office, 1660 Mission Street, Room 3036, San Francisco, CA, 94103; facsimiles can be sent to 415-575-6885; and emails can be sent to Robert.Feldman@sfgov.org or Victor.Pacheco@sfgov.org.
Written comments submitted by 4:00 pm Thursday, Jan. 26, 2006 will be included in the Board's meeting packets.
The current Rules of the Board of Appeals (effective Feb 1, 2002) are posted on the Board website at www.sfgov.org/boa (click on link entitled “About”). Copies are also available at the Board office.
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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: Jan. 19th, 2006
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA PRESIDENT
FRANK FUNG VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
MICHAEL GARCIA COMMISSIONER
RANDALL KNOX COMMISSIONER
CLAUDINE WOEBER - OFFICIAL COURT REPORTER – TEL: 415.506.0430 – FAX: 415.883.4272 – 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: Adele Destro by mail to Interim 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 Ms. Destro 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.
