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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, AUGUST 1, 2007
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) COMMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS:
(3a) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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No specific subject property. Determination issued by the Zoning Administrator on May 15, 2006. Last day to appeal was May 30, 2006. Jurisdiction request received on February 8, 2007. Letter from Douglas Loranger, David Tornheim, and San Francisco Neighborhood Antenna-Free Union (SNAFU), requestors, asking that the Board take jurisdiction over a ZA determination regarding whether certain types of wireless telecommunication facilities qualify as accessory uses under the Planning Code. Determination Holder: T-Mobile – Omnipoint.
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(3b) REHEARING REQUEST:
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Subject property at 1801-1813 Fulton Street. Letter from Vladamir Gammer, appellant, requesting rehearing of Appeal No. 06-189, decided January 31, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to uphold the subject permit. Permit Holder: T-Mobile Omnipoint. Project: on multi-unit apartment building, installation of new micro-cell panel antenna enclosed within a faux vent; installation of associated equipment and necessary cabling/cable trays; no new batteries; BPA No. 2006/03/21/7213.
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(3c) JURISDICTION REQUESTS TO ALLOW LATE FILING OF APPEALS:
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Subject property at 145 Edinburgh Street. Permits issued on August 28, 2006, April 30, 2007, and June 1, 2007. Last day to appeal was September 12, 2006, May 15, 2007, and June 18, 2007, respectively. Jurisdiction requests received on July 5, and July 16, 2007. Letter from Claire Zvanski, co-requestor, asking that the Board take jurisdiction over Building Permit Application No. 2005/05/20/2973, Plumbing Permit No. PP2007/04/30/969 and Building Permit Application No. 2007/06/01/2698. Project, Aug. 2006 building permit: erect a new two-story single-family dwelling. Project, April 2007 plumbing permit: new house, four bathrooms, one kitchen, one bar sink; two sets washer/dryer; water, main gas line, floor drains, roof drains, and two furnaces. Project, June 2007 building permit: changes to 2nd floor; relocate master bedroom to family room; rearrange bedroom closet and exercise room; 1st floor family room to two bedrooms and media room.
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(3d) ADOPTION OF FINDINGS:
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Subject property at 180 Corwin Street. Appeal No. V06-177, Tellis vs. ZA, decided July 11, 2007 at a rehearing. At that time, upon motion by Vice President Garcia, the Board voted 5-0 to overrule the denial, and grant the variance, on condition that the appellant pay an in-lieu fee of $100,000 (one-hundred thousand dollars) to the Mayor’s Office of Housing, with findings to be adopted at a later date. Project: proposal is to allow 5 off-street parking spaces where 6 are required for a 6-unit residential building; Variance Case No. 2006.0878V.
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(3e) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 943 Church Street. Partial suspension of permit effective on June 22, 2007. Last day to appeal was July 9, 2007. Jurisdiction request received on July 17, 2007. Letter from Kevin Cheng and Todd Mavis, requestors, asking that the Board take jurisdiction over the partial suspension of BPA No. 2005/06/14/5053 by the Dept. of Building Inspection at the request of the Zoning Administrator. Project: new vertical addition to single-family dwelling; create one new unit; and remodel unit.
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(4) APPEAL NO. 06-202
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JEFFREY KRAMER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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591-599 Guerrero Street.
Protesting the issuance on December 21, 2006, to Omnipoint – T-Mobile, Permit to Alter a Building (installation of new microcell panel antenna enclosed within new false vent; installation of associated equipment).
APPLICATION NO. 2006/05/19/2075.
FOR HEARING TODAY.
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(5) APPEAL NO. 07-070
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KIM PHAT PHUNG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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777 Athens Street.
Appealing the imposition of penalty on May 15, 2007, for plumbing work done without a permit.
APPLICATION NO. PP2007/05/10/1377.
FOR HEARING TODAY.
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(6) APPEAL NO. 07-099
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NOEMI TABORA, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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10 Cielito Drive.
Appealing the imposition of penalty on June 19, 2007, for work done without a permit (on single-family house: replace windows; legalize guest room at ground floor; remodel bathroom; comply with NOV No. 200705101; install insulation and one-hour wall at garage).
APPLICATION NO. 2007/06/18/4270.
FOR HEARING TODAY.
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(7) APPEAL NO. 07-060
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WILBUR WOO, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2116 Irving Street.
Appealing a Notice of Violation dated April 23, 2007, addressed to Wilbur Woo & Dolores Revo, that the “Quickly” establishment at the subject property has not procured proper Planning Department authorization, in violation of Planning Code §§ 703.3 & 703.4.
FOR HEARING TODAY.
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(8) APPEAL NO. 07-065
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NICOLE HAGASHI, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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244 – 32nd Avenue.
Protesting the issuance on April 18, 2007, to Mary Jo Bowling & Michael Steder, Site Permit to Alter a Building (on single-family house: interior renovation involving new partitions, new bath, kitchen and bath remodel; 3rd floor addition with roof deck over existing roof).
APPLICATION NO. 2006/06/23/4870S.
FOR HEARING TODAY.
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(9) APPEAL NO. 07-066
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GIULIANA RENDE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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2576-2580 Washington Street.
Protesting the issuance on April 23, 2007, to Jean Seto, Permit to Alter a Building (on 12-unit apartment building: units 4, 5, & 6 in building 2576; sections of wall and ceiling to be opened for electrical upgrade; plumbing work as needed; replace light fixtures; repair lath and plaster).
APPLICATION NO. 2007/04/05/8119.
FOR HEARING TODAY.
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(10) APPEAL NO. 07-067
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KAWBHC LLC, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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3099 – 22nd Street.
Appealing a Letter of Determination dated April 24, 2007, addressed to Kathleen Welch, regarding a Notice of Special Restrictions (NSR) for the proposed new construction at the subject property and those adjacent lots that were originally formed from lot 034A.
FOR HEARING TODAY.
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(11) APPEAL NO. 07-068
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WING TAN dba “QUICKLY”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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415 Castro Street.
Appealing a Notice of Violation dated April 23, 2007, addressed to Haifa Khoury, that the “Quickly” establishment at the subject property has not procured proper Planning Department authorization, in violation of Planning Code §§ 703.3 & 703.4.
FOR HEARING TODAY.
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(12) APPEAL NO. 07-069
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STELLA CHIU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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383 Crestlake Drive.
Protesting the issuance on May 11, 2007, to Heddy & Monio Pilpel, Site Permit to Alter a Building (on single-family house: horizontal addition and some ground floor interior remodel to include family room, bedroom, bath, and laundry room).
APPLICATION NO. 2006/07/20/7181S.
FOR HEARING TODAY.
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(13) APPEAL NO. 07-080
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JEFFREY SHOPOFF, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3848 – 21st Street.
Protesting the issuance on May 15, 2007, to Eric & Linda Eislund, Site Permit to Alter a Building (on single family house: horizontal addition to ground and 2nd floors; new cantilevered deck on 2nd floor; vertical addition to rear of building for new attic space; all exterior alterations to rear of building).
APPLICATION NO. 2006/09/01/1232S.
FOR HEARING TODAY.
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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: July 26, 2007
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MEMBERS OF THE BOARD OF APPEALS
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RANDALL KNOX
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PRESIDENT
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MICHAEL GARCIA
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VICE PRESIDENT
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KATHARINE ALBRIGHT
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COMMISSIONER
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FRANK FUNG
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COMMISSIONER
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ROBERT HAALAND
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COMMISSIONER
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EASTELLER BRUIHL - OFFICIAL COURT REPORTER – TEL: 415.348.0050– FAX: 415.348.0077 –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 Victor Pacheco at 575-6880 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.
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.
