December 08, 2010
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, DEC. 08, 2010 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) COMMISSIONER COMMENTS & QUESTIONS: (3) ADOPTION OF MINUTES:
Discussion and possible adoption of the November 17, 2010 minutes. (4) SPECIAL ITEM:
Appeal No. 10-073, Housing Corps Inc. vs. DBI, PDA; subject property at 281 Turk Street. Consideration and possible action on the request of Permit Holder Bay Drugs, LLC, to allow the submittal of supplemental briefing and evidence in response to the Board's draft findings. (5) ADDENDUM ITEMS:
(5a) JURISDICTION REQUESTS: Subject property at 171 Lee Avenue. Letter from John Chow, attorney for Siu Ping Yu, requestor, asking that the Board take jurisdiction over BPA Nos. 2009/11/12/1083 and 2009/12/24/3869, which were issued on Nov. 16, 2009 and Dec. 30, 2009, respectively. The appeal periods ended Dec. 01, 2009 and Jan. 14, 2010, respectively. Permit Holder: Chio Leng Cheong. Project, 1st permit: 2nd floor remodel; add one bathroom; remodel existing bathroom; alterations per plan. Project, 2nd permit: add four bedrooms, one study room, and four bathrooms on 1st floor.
(5b) REHEARING REQUEST: Subject property at 460 Townsend Street. Appeal No. 10-099, Academy of Art University vs. ZA, decided Nov. 03, 2010. At that time, the Board voted 4-0-1 to uphold the subject Notice of Violation and Penalty on the basis that the Zoning Administrator did not err or abuse his discretion. Notice of Violation and Penalty: regarding the operation of an unauthorized educational use at the subject property. (5c) REHEARING REQUEST: Subject property at 10 Lundys Lane. Appeal No. 10-101, Soto vs. DBI, decided Nov. 03, 2010. At that time, the Board voted 3-1-1 to uphold the subject permit on the basis that the construction pre-dates the 1978 Planning Code change, and is a legal non-complying structure. Permit Holder: Sam Ball. Project: revision to BPA No. 2010/03/17/8393; cost savings; revise plans to show rear walls demolished and rebuilt in kind; upon exposing structure the walls were found to be unsalvageable; comply with NOV’s; BPA No. 2010/08/27/9763. (5d) REHEARING REQUEST: Subject property at 1321 DeHaro Street. Appeal No. V10-084, Potrero Boosters N.A. vs. ZA, decided Nov. 03, 2010. At that time, the Board voted 2-2-1 to uphold the granting of the variance. Four votes being required under the City Charter to overrule a departmental action, the granting of the said variance was upheld. Variance Holder: Bedrock Structures LLC. Project: erect a three-family dwelling that encroaches into the required rear yard; variance case no. 2008.0505V. (5e) JURISDICTION REQUEST: Subject property at 3175 – 24th Street. Letter from Jana Farrell, agent for Virginia Ramos, requestor, asking that the Board take jurisdiction over BPA No. 2009/11/12/1004, which was issued on Dec. 14, 2009. The appeal period ended on Dec. 29, 2009, and the jurisdiction request was received at the Board office on Nov. 18, 2010. Requestor of Permit: CBS Outdoor. Project: voluntary removal of 6’ X 12’ freestanding advertising sign; property owner consent attached. (6) APPEAL NO. 10-082 TED BARTLETT, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent 800 Block of Steiner Street and 940 Grove Street. Appealing the denial on July 22, 2010 of Tree Removal Permit (8 trees), and the conditions placed on a Tree Removal Permit (1 tree). ORDER NO. 178,772. PUBLIC HEARING HELD AND CLOSED ON SEPT. 08, 2010. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for DPW BUF and appellant to submit additional info pursuant to the Board’s comments; additional briefing is allowed.
(7) APPEAL NO. 10-026 KALESILASSIE GEBRESILASSIE, Appellant(s) vs. MUNICIPAL TRANSPORTATION AGENCY, DIVISION OF TAXIS AND ACCESSIBLE SERVICES, Respondent Appealing the denial on Sept. 30, 2009, of Taxicab Medallion. JURISDICTION GRANTED MAR. 03, 2010. FOR HEARING TODAY. (8) APPEAL NO. 10-091
DONALD SNYDER, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent 30 Santa Rita Avenue. Appealing the imposition of penalty on Aug. 04, 2010, for construction work done without a permit. APPLICATION NO. 2010/08/04/8098. FOR HEARING TODAY. (9) APPEAL NO. 10-109
WAYNE ALLEN & THERESA FULKS Appellant(s) vs. ZONING ADMINISTRATOR, Respondent 1966 Great Highway. Protesting the granting on Sept. 21, 2010, to Carmen Roman Murray, Front and Rear Yard Variances (construct new, four-story, two family structure on vacant lot). VARIANCE CASE NO. 2009.0102VDP. FOR HEARING TODAY. (10) SPECIAL ITEM: Discussion and possible adoption of the departmental annual report for fiscal year 2009-2010. ADJOURNMENT.
Note A: 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 public inspection at the Board's office during normal office hours (Monday to Friday, 8am to 5pm, 1650 Mission Street, Room 304). Note B: If any materials related to an item on this agenda have been distributed to the Board members after distribution of the agenda packet, those materials are available for public inspection at the Board’s office during normal office hours (Monday to Friday, 8am to 5pm, 1650 Mission Street, Room 304). Please call 415-575-6880 if you have any questions concerning this agenda. Date posted: Dec. 03, 2010
MEMBERS OF THE BOARD OF APPEALS
TANYA PETERSON PRESIDENT KENDALL GOH VICE PRESIDENT FRANK FUNG COMMISSIONER MICHAEL GARCIA COMMISSIONER CHRIS HWANG COMMISSIONER 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 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 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, 1650 Mission Street, Room 304, no later than 4:00 p.m. two Thursdays 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. Please note that names and addresses included in these submittals will become part of the pubic record. Submittals may be made anonymously. 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 the day of 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. 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 Board staff 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: 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 may request a copy from the Sunshine Ordinance Task Force Administrator 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 Board staff, at 415-575-6880 or fax 415-575-6885. A customer satisfaction survey form is available at the meetings, the Board office, and on the Board’s web site, www.sfgov.org/boa.
DVD’S OF MEETINGS
DVD’s of meetings may be obtained from SFGTV, Channels 26 & 78. Please telephone 415-554-4188 for information. BOARD OF APPEALS CITY & COUNTY OF SAN FRANCISCO 1650 Mission Street, Room 304 San Francisco, California 94103
PROHIBITION OF SOUND-PRODUCING ELECTRONIC DEVICES
