2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
REGULAR MEETING - WEDNESDAY, MAY 15, 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)ADDENDUM ITEMS:
ITEM A: 1479 - 3rd Avenue. Letter from Larry Badiner, Zoning Administrator, requesting rehearing of Appeal 01-196, Wydler vs. ZA, decided Jan. 30, 2002. Upon motion by Vice President McInerney, the Board voted 4-0-1 (Commissioner Saunders absent) to overrule the subject determination and to adopt the findings submitted by the appellant’s attorney. Appellant: Aton Wydler. Determination: that use of the subject property as a 4-unit residential building is not permitted under the Planning Code, and is not considered to be a legal non-conforming use under Planning Code Sections 180 through 185.
ITEM B: Taxicab Medallion No(s). 109 & 138. Letter from Mark Gruberg, agent for appellants, requesting rehearing of Appeal No(s). 02-018 & 02-019, UTW et al vs. Taxi Commission, decided April 3, 2002. Upon motion by Vice President McInerney, the Board voted 4-1 (Commissioner Cullum dissented) to dismiss the matter due to lack of subject matter jurisdiction, and directed staff to approve the request for refund of appeal fees. Medallion Holder(s): John Lazar.
(4)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.
(4A) APPEAL NO. 02-035
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KIRK ENDRES & ROBIN ENDRES,
Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[944-946 Page Street.
[Appeal for refund of penalty imposed on March [13, 2002, for work done without a permit.
[APPLICATION NO. 2002/02/26/0097.
[FOR HEARING TODAY.
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ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 02-055
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STANLEY CHOW, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principal(s): N/A (Staff Initiated DR)
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[1323 - 41st Avenue.
[Appealing denial on March 29, 2002, of Permit [to Demolish a Building (two-story building, [20 feet 6 inches in height with 867sf of ground [floor area).
[APPLICATION NO. 2001/01/24/0455.
[FOR HEARING TODAY.
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(5B) APPEAL NO. 02-056
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STANLEY CHOW, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principal(s): N/A (Staff Initiated DR)
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[1323 - 41st Avenue.
[Appealing denial on March 29, 2002, of Site [Permit to Erect a Building (four-story, two-unit [residential building with 1,667sf of ground floor [area).
[APPLICATION NO. 2001/01/24/0457S.
[FOR HEARING TODAY.
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(6) APPEAL NO. 02-040
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SOMARTS CULTURAL CENTER, Appellant(s)
POLICE DEPARTMENT, Respondent
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[934 Brannan Street.
[Appealing the expiration on March 4, 2002, of [the conditional grant of Place of Entertainment & Dance Hall Keeper Permits.
[FOR HEARING TODAY.
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(7) APPEAL NO. 01-175
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JACKIE HOLLAND, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[271 Cumberland Street #5.
[Protesting issuance on September 24, 2001, to [Chuck Louden, Permit to Alter a Building [(comply with NOV, replacement roof deck, 2X4 [sleepers on asphalt roof (legalize existing [deck).
[APPLICATION NO. 2001/09/24/9018.
[FOR HEARING TODAY.
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(8) APPEAL NO. 01-241
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RICHARD &
CARRIE LANE, TERRY BOGART,
& PEGGY MULLIN-BOGART, Appellant(s)
ZONING ADMINISTRATOR,
Respondent
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[1001-1005 Market Street.
[Appealing a determination dated December [11, 2001, that the proposal to convert existing [office suites to artist work spaces with [accessory residential space is prohibited under [Planning Code § 204.4(b).
[FOR HEARING TODAY.
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(9) APPEAL NO. 02-036
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GABRIEL SANCHEZ & LORENZO
AVIGNONI dba "MONARCH SCOOTERS", Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1684 - 15th Street.
[Appealing a determination dated Feb. 26, [2002, addressed to Gabriel Sanchez & [Lorenzo Avignoni, that Planning Code [§ 726.61 does not allow the use of the subject [property building for sale of motor scooters, [automotive sales or rental as a principal use [within the Valencia Neighborhood Commercial [District (NCD).
[FOR HEARING TODAY.
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ITEMS (10A) & (10B) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 02-037
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FOREST VIEW LLC, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principal(s): EDGEHILL WAY
HOMEOWNER’S ASSOC.
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[315 Edgehill Way.
[Appealing denial on March 13, 2002, of Site [Permit to Erect a Building (four-story single [family house with 1,500sf of ground floor area).
[APPLICATION NO. 9805711S.
[FOR HEARING TODAY.
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(10B) APPEAL NO. 02-038
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FOREST VIEW LLC, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Principal(s): EDGEHILL WAY
HOMEOWNER’S ASSOC.
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[319 Edgehill Way.
[Appealing denial on March 13, 2002, of Site [Permit to Erect a Building (four-story single [family house with 1,500sf of ground floor area).
[APPLICATION NO. 9805710S.
[FOR HEARING TODAY.
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(11) APPEAL NO. 02-043
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WILLIAM AUSSERESSES, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[2646 Hyde Street.
[Protesting the issuance on Feb. 28, 2002, to [Philip and Marla Fernandez, Permit to Alter a [Building (construct deck, closet, half bath, and [wet bar on 3rd floor only).
[APPLICATION NO. 2001/11/20/3590.
[FOR HEARING TODAY.
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(12) APPEAL NO. 02-045
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DAVID KARLAK, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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4516 - 20th Street.
[Protesting issuance on March 4, 2002, to [K. Welsh & W. Plautz, Site Permit to Erect a [Building (four-story single family dwelling with [1000sf of ground floor area).
[APPLICATION NO. 2001/01/16/9843S.
[FOR HEARING TODAY.
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(13) APPEAL NO. 02-051
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1001 CALIFORNIA STREET
HOMEOWNERS ASSOCIATION, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[1001 California Street # 9R.
[Appealing a determination dated March 6, [2002, addressed to Coblentz LLP c/o Tay Via & [America Frontier Enterprises c/o Adam Wong, [that the restaurant/bar use at the subject [property was not abandoned for longer than 3 [years, and that its re-establishment would not [require a new conditional use (CU) [authorization by the Planning Commission.
[FOR HEARING TODAY.
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(14) APPEAL NO. 02-053
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OFELIA LULE, Appellant(s)
DEPT. OF BUILDING INSPECTION,
Respondent
PLANNING DEPT. APPROVAL
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[122 Highland Avenue.
[Protesting issuance on March 8, 2002, to John [Driscoll & Ounkeo Chant, Permit to Alter a [Building (convert illegal unit in rear cottage to [storage; remove kitchen and bath).
[APPLICATION NO. 2002/03/08/0920.
[FOR HEARING TODAY.
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(15) APPEAL NO. V02-011
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DIAMOND HEIGHTS
COMMUNITY ASSOCIATION, Appellant(s)
ZONING ADMINISTRATOR, Respondent
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[47-75 Topaz Way.
[Protesting the granting on January 11, 2002, [to the Topaz Way Homeowner’s Association, [of Rear Yard Variance (subdivide an existing [30,024sf lot into two separate lots).
[VARIANCE CASE NO. 2001.0941V.
[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. Please call 575-6880 if you have any questions concerning this agenda.
Date posted: May 9, 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
