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BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, MARCH 21, 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) ADOPTION OF FINDINGS:
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Subject property at 3827 California Street. Discussion and adoption of proposed findings for Appeal No. 06-205, Napolitana vs. DBI, PCD, decided March 7, 2007. At that time, upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Haaland dissented) to overrule the denial, and grant the permit, with findings to be adopted on March 21, 2007. Project: on two-unit building, remove basement dwelling unit and install garage; interior remodel as shown, BPA No. 2006/02/07/4026S.
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(4) APPEAL NO. 07-005
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KYO LEE
dba “FILLMORE MARKET”, Appellant(s)
vs.
DEPT. OF PUBLIC HEALTH, Respondent
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1669 Fillmore Street.
Appealing a ten (10) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on January 10, 2007. Reason(s) for suspension: selling tobacco products to minors.
DIRECTOR’S CASE NO. FD-07-021.
FOR HEARING TODAY.
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ITEMS (5A) & (5B) SHALL BE HEARD TOGETHER:
(5A) APPEAL NO. 06-060
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ISAAC ABRAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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737 Castro Street.
Protesting the issuance on April 18, 2006, to Dean Ballback, Permit to Alter a Building (on single-family house: revision to BPA No. 2005/09/08/2285; show all new framing at rear room; lower back roof 18” and move railing 3’ off south property line; landscape rear yard, retaining walls and fence; comply with NOV nos. 200561712, 20067313, and 200667626).
APPLICATION NO. 2006/04/18/9218.
PUBLIC HEARING HELD & CLOSED ON JUNE 14, 2006. FOR FURTHER CONSIDERATION TODAY. Note: The Board voted 5-0 on July 26, 2006 to continue the matter to Call of Chair so that the permit holder can proceed with the variance application at Planning.
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(5B) APPEAL NO. 06-093
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ISAAC ABRAMS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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737 Castro Street.
Protesting the issuance on August 22, 2005, to Dean Ballback, Permit to Alter a Building (on single-family house: replace portion of foundation; concrete cap; north side footing).
APPLICATION NO. 2005/08/22/0845.
JURISDICTION GRANTED 06/14/2006.
FOR HEARING TODAY. Note: The Board voted 5-0 on July 26, 2006 to continue the matter to Call of Chair so that the permit holder can proceed with the variance application at Planning.
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ITEMS (6A) & (6B) SHALL BEHEARD TOGETHER:
(6A) APPEAL NO. 06-014
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MALANA MOBERG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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869 North Point Street.
Protesting the issuance on January 5, 2006, to North Point Holdings LLC, Permit to Demolish a Building (2-story, single-family house with 1,000sf of ground floor area).
APPLICATION NO. 2005/01/24/3844.
FOR HEARING TODAY. Note: On March 15, 2006, the Board voted 5-0 to reschedule the matter to the Call of Chair pending resolution of the CEQA appeal (demo permit) at the BOS.
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(6B) APPEAL NO. 06-194
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BRUCE RADO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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869 North Point Street.
Protesting the issuance on November 30, 2006, to North Point Holdings LLC, Site Permit to Erect a Building (3-story, 3-unit building with 2,450sf of ground floor area).
APPLICATION NO. 2005/01/24/3842S.
FOR HEARING TODAY. Note: On January 31, 2007, the Board voted 5-0 to reschedule the matter to the Call of Chair pending resolution of the CEQA appeal (site permit) at the BOS.
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(7) APPEAL NO. V07-002
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CHUK KWAN, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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204-206 – 2nd Avenue.
Appealing the denial on January 5, 2007, of Parking Variance (legalize an existing one-bedroom dwelling unit constructed without permits on the ground floor of the two-family residence without an independently accessible parking space).
VARIANCE CASE NO. 2006.1107V.
FOR HEARING TODAY.
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ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:
(8A) APPEAL NO. 07-006
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STEVEN GOODMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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730 Great Highway.
Protesting the issuance on January 23, 2007, to Tom MacDonald, Permit to Erect a Building (three-story, two-unit residential building).
APPLICATION NO. 2003/05/29/5813.
FOR HEARING TODAY.
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(8B) APPEAL NO. 07-007
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STEVEN GOODMAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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730 Great Highway.
Protesting the issuance on January 16, 2007, to Tom MacDonald, Permit to Erect a Building (three-story, two-unit residential building).
APPLICATION NO. 2005/10/18/5856.
FOR HEARING TODAY.
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(9) APPEAL NO. 07-009
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CITY LIGHTS PARTNERSHIP, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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2130 Leavenworth Street #9.
Appealing a Notice of Violation dated January 17, 2007, addressed to Tom Zimmerman and City Lights Partnership c/o Shirley Ann Walker, that the subject property is being operated in a manner consistent with that of a hotel, in violation of Planning Code § 209.2(d).
FOR HEARING TODAY.
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(10) APPEAL NO. 07-010
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LISA AMICK, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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3527-3529 – 21st Street.
Protesting the issuance on January 17, 2007, to Ben & Wendy Yalom, Permit to Alter a Building (comply with NOV; revise BPA No. 2006/07/26/7705 to show existing use at attic; permanent removal of illegal unit; return building to legal two-unit configuration to comply with NOV; new attic window (front); add seven new skylights).
APPLICATION NO. 2006/11/08/7196.
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: March 15, 2007
MEMBERS OF THE BOARD OF APPEALS
RANDALL KNOX PRESIDENT
MICHAEL GARCIA VICE PRESIDENT
KATHARINE ALBRIGHT COMMISSIONER
FRANK FUNG COMMISSIONER
ROBERT HAALAND COMMISSIONER
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 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: 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.
