2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, AUGUST 18, 2004
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) COMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEM(S):
(3A) REHEARING REQUEST(S):
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Appeal No(s). 04-039 & 04-051, Thrupp vs. DBI, PDA & Roberts vs. DBI, PDA. Subject property at 309 Cortland Avenue. Letter from Gordon Thrupp and Donna Roberts, appellant(s), requesting rehearing of Appeal No(s). 03-039 and 03-051, decided July 14, 2004. At that time, upon motion by Commissioner Chin, the Board voted 4-0-1 (Commissioner Shoemaker absent) to uphold the subject permit(s). Project, 1st permit: add “other entertainment”, ie, live DJ; no occupancy load increase allowed; no construction under this permit. Project, 2nd permit: existing soundproofed rear building space; propose to expand existing establishment, including other entertainment uses, into this area; § 312 notice required pursuant to NSR recorded on Feb. 10, 2003. Permit Holder(s); Patrick Corkery.
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(3B) ADOPTION OF FINDINGS:
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Appeal No(s). 04-038, 04-039, 04-041, 04-046, and 04-051, Thrupp vs. ZA, Thrupp vs. DBI, PDA, Thrupp vs. EC, Corkery dba “Charlie’s Club” vs. EC, & Roberts vs. DBI, PDA, respectively. Subject property at 309 Cortland Avenue. If the above rehearing requests (Item 3A) are denied, the Board may then consider the adoption of findings for all five appeals that were filed concerning the subject property. If the above rehearing requests are granted, the Board may then reschedule this adoption of findings to a later date.
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(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL :
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Subject property at 3727 Taraval Street. Permit issued on June 4, 2004. Last day to appeal was June 21, 2004. Jurisdiction request received on July 16, 2004. Letter from Stephen Donnelly & Denise Richards Donelly, asking that the Board take jurisdiction over Building Permit Application No(s). 2003/11/25/1114S. Project: on single-family house, add family room, bedroom, bath and laundry at first floor; extend bedrooms and add solarium and bath at second floor. Permit Holder(s): Karen & Timothy Breen.
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(3D) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL :
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Subject property at 1961 Hayes Street. Permit issued on May 18, 2004. Last day to appeal was June 2, 2004. Jurisdiction request received on August 2, 2004. Letter from Linda Stockdale, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/05/18/4230 for the purpose of filing a penalty appeal.
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(4) APPEAL NO. 03-154
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ULYSSES NAPURI
dba “LAST STOP SOUVENIR”, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
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498 Beach Street.
Appealing the denial on May 5, 2003, of a Sidewalk Display Merchandise Permit.
ORDER NO. 174,098.
JURISDICTION GRANTED SEPT. 17, 2003.
PUBLIC HEARING HELD & CLOSED ON DEC. 10, 2003.
FOR FURTHER CONSIDERATION TODAY.
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(5) APPEAL NO. 04-035
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CRYSTAL LEI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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337 – 28th Avenue.
Appealing the suspension on April 23, 2004, of Building Permit Application No(s). 2003/04/15/2287, 2003/07/15/9528, & 2003/05/27/5515. Reason(s) for suspension: the scope of work and building information described on the building permit applications and approved plans does not reflect the actual condition and legal use of the building.
FOR HEARING TODAY.
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(6) APPEAL NO. 04-055
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LEON & VARTENY
ZENOUNTIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2455 – 18th Avenue.
Protesting the issuance on June 1, 2004, to Suzanne Choy & Bai Than Li, Permit to Alter a Building (on single-family house: revisions to Building Permit Application No(s). 2003/06/30/8351 per plan; correct 2nd floor ceiling height to 8’4”, ground floor ceiling height to 8’2”; correct existing building height (should be lower 20” than building height); addition building height 24’-0” no change).
APPLICATION NO. 2004/06/01/5190.
FOR HEARING TODAY.
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ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 04-058
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EDWARD BELASCO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2 Wall Place.
Protesting the issuance on June 3, 2004, to Adrienna Song, Permit to Demolish a Building (one-story, single-family house with 1000sf of ground floor area).
APPLICATION NO. 9918616.
FOR HEARING TODAY.
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(7B) APPEAL NO. 04-059
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EDWARD BELASCO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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2 Wall Place.
Protesting the issuance on June 3, 2004, to Adrienna Song, Permit to Erect a Building (4-story, 3-unit residential building with 1,545sf of ground floor area).
APPLICATION NO. 9918617.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-092
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FELIX ARTS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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143-145 Pfeiffer Street.
Protesting the issuance on March 18, 2004, to Felicia Weston, Permit to Alter a Building (on 2-unit building: interior tenant improvements; work includes remodel of kitchens and bathrooms; electrical and plumbing under separate permit; cabinets, countertops, flooring and fixtures).
APPLICATION NO. 2004/03/18/9082.
BOARD VOTED 4-0 ON JULY 21, 2004 TO GRANT JURISDICTION.
FOR HEARING TODAY.
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ADJOURNMENT.
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.
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: August 12th, 2004
MEMBERS OF THE BOARD OF APPEALS
KATHLEEN HARRINGTON PRESIDENT
HISASHI B. SUGAYA VICE PRESIDENT
ARNOLD Y.K. CHIN COMMISSIONER
RANDALL KNOX COMMISSIONER
SABRINA N. SAUNDERS COMMISSIONER
CLAUDINE WOEBER - OFFICIAL COURT REPORTER 415-506-0430; 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, 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.
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: 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.
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
These items are available for review at the Board's office, 1660 Mission St., Rm. 3036, front counter.
