2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, SEPTEMBER 29, 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:
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Appeal No(s). 03-197, All City Construction Co. vs. DBI. Subject property at 641 – 27th Avenue. Letter from Joel Yodowitz, attorney for All City Construction Co., appellant(s), requesting rehearing of Appeal No(s). 03-197, decided May 12, 2004. At that time, upon motion by Commissioner Chin, the Board voted 2-3 to overrule DBI’s notice of decision with a finding that a demolition took place which exceeded the scope of the permit, but which did not constitute an unlawful demolition, with additional findings as stated into the record by Commissioner Chin. Four votes being required to overturn a departmental action, the motion failed, and the decision by DBI was upheld. Departmental Action: Notice of Decision by Frank Chiu, Director of the Dept. of Building Inspection, dated Dec. 3, 2003, that an unlawful residential demolition has taken place at the subject property under Building Code §§ 103.3, 103.3.1 & 103.3.2, that BPA No. 2002/09/09/5995 is hereby revoked, and that a 5 year moratorium on the issuance of building permits is hereby imposed pursuant to Building Code § 103.3.1.
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(4) APPEAL NO. 04-099
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RAYMOND DEOCAREZA, Appellant(s)
vs.
TAXI COMMISSION, Respondent
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Appealing the denial on August 9, 2004, of a request for reinstatement of a Driver of Public Passenger Vehicle for Hire Permit.
RESOLUTION NO. 2004-40.
FOR HEARING TODAY.
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(5) CONSENT ITEMS (DBI PENALTY):
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With the consent of the Dept. 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.
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(5A) APPEAL NO. 04-085
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DAGMAR & HERWIG COOLINS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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876 Treat Avenue.
Appeal for refund of penalty imposed on July 20, 2004, for work done without a permit (on six-unit apartment building: remove two illegal units in garage area; cap all utilities at source; legalize one of the existing ½ bathrooms).
APPLICATION NO. 2004/04/28/2492.
FOR HEARING TODAY.
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(6) APPEAL NO. V03-209
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CATHERINE FERREIRA
& ANN FERREIRA, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1120-1122 Vallejo Street.
Protesting the granting on Dec. 23, 2003, to Susan Lee, Jennifer Cherk & Jay Capela, Rear Yard Variance (on 2-family building: construction of an enclosed pavilion on the roof of the existing 3-story building and the enclosure of two areas at the rear of the building that are currently unenclosed).
VARIANCE CASE NO. 2003.0476DV.
Note: On March 24, 2004, the Board voted 5-0 to uphold the variance with the following condition(s): a) that the north portion of the roof be sloped to allow for more sunlight into the adjacent backyard; and b) that the front (south) elevation be redesigned to reflect the solid to void ratio of buildings of a similar nature. On May 12, 2004, the Board voted 4-1 to grant the rehearing request by the appellants and to set the rehearing for June 30, 2004.
REHEARING HELD & CLOSED ON JULY 28, 2004.
FOR FURTHER CONSIDERATION TODAY.
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(7) APPEAL NO. 04-030
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MARVIN LAU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. DISAPPROVAL
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714 – 22nd Street.
Appealing the denial on April 15, 2004, of a Permit to Alter a Building (on 3-unit residential building: install 12 vinyl windows in kind into existing frames; no structural changes; windows face front and are visible from the street; if applicable, bedroom windows shall comply with § 310.4 for rescue).
APPLICATION NO. 2004/04/15/1367.
Note: On June 9, 2004, the Board voted to uphold the denial of the subject permit. On July 21, 2004, the Board voted to grant the appellant’s rehearing request.
FOR REHEARING TODAY.
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(8) APPEAL NO. 04-049
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JUAN YANES
dba “CHARLES TOWING & MECHANICS”, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1251 Thomas Avenue.
Appealing a Police Permit Zoning Referral (P51 Tow Car Firm) dated May 13, 2004, addressed to Juan Yanes, that the proposed use, tow car operator, requires Conditional Use Authorization (CU) in the Restricted Light Industrial (RLI) zoning district per Planning Code § 249.15(b)(2), and that such a use must be conducted within an area completely enclosed by a wall or concealing fence not less than 6 feet high.
FOR HEARING TODAY.
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(9) APPEAL NO. 04-050
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MARK MIRAVALLE, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
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1021 Francisco Street.
Appealing the denial on May 28, 2004, of a Permit to Alter a Building (convert 2 residential units to single family unit; dwelling merger).
APPLICATION NO. 2003/05/30/5840.
FOR HEARING TODAY.
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(10) APPEAL NO. V04-052
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LAURA PERRAULT, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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32 Carson Street.
Appealing the partial denial of a Rear Yard Variance (proposal to reconstruct an existing non-complying room at the rear of the property that would include an increase in volume and a new roof form was denied; the proposal to reconstruct the same existing non-complying room at the rear without the increase in volume and without a new roof form was granted; the proposal to construct a new larger deck with a spiral staircase was also granted).
VARIANCE CASE NO. 2003.1242V.
FOR HEARING TODAY.
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(11) APPEAL NO. 04-078
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CHRISTIAN ARD
& REBECCA MOSHER, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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357 Howth Street.
Protesting the issuance on July 1, 2004, to Nikolai Massenkoff, Permit to Alter a Building (on single family house: replace and enclose back of house deck; provide siding below deck for storage space).
APPLICATION NO. 2003/04/21/2744.
FOR HEARING TODAY.
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(12) APPEAL NO. 04-084
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SANDRA LUGO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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767 Lisbon Street.
Protesting the issuance on July 2, 2004, to Jian Nian Xu, Permit to Alter a Building (on single-family house: remove stove, counter with wet sink and refrigerator including all utility lines to source).
APPLICATION NO. 2004/07/02/7916.
FOR HEARING TODAY.
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(13) APPEAL NO. 04-086
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FERNANDO EVANGELHO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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362 Cumberland Street.
Protesting the issuance on July 7, 2004, to Mark Thomas, Permit to Alter a Building (on single-family house: horizontal extension at rear, vertical addition, and interior remodeling).
APPLICATION NO. 2003/06/09/6547S.
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) Permit holder's, Respondent’s or Other Parties’ 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 415-575-6880 if you have any questions concerning this agenda.
Date posted: September 23rd, 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.
