BOARD OF APPEALS

 

CITY & COUNTY OF SAN FRANCISCO

 

AGENDA FOR REGULAR MEETING - WEDNESDAY, FEBRUARY 3, 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 Jan. 20, 2010 minutes.

(4) ADOPTION OF FINDINGS:

 

Subject Property at Sydney G. Walton Square. Appeal No. 09-125, Golden Gateway Center vs. DPW BUF, decided Dec. 9, 2009. At that time, upon motion by Commissioner Garcia, the Board voted 4-0-1 (Vice President Peterson absent) to uphold the DPW’s order with adoption of findings at a later time. Possible adoption of findings modifying the Board’s tentative oral ruling on Dec. 9, 2009, by changing the mandated tree replacement ratio from 2:1 to 1:1.

(5) SPECIAL ITEM, APPEAL NOS. V09-083:

 

Subject Property at 47 Sussex Street. Consideration and possible action on the request of the appellants to allow the submittal of supplemental briefing and arguments.

 

 

(6) APPEAL NO. V09-083

 

CARRIE WONZER, LISA DECKER & JOEY DILLI SHARMA, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent

47 Sussex Street. Appealing the denial on July 31, 2009, of Rear Yard Variance (demolish existing storage structure and construct one-story detached garage structure which will be located within the required rear setback and facing Penny Lane). VARIANCE CASE NO. 2009.0238V. PUBLIC HEARING HELD AND CLOSED ON NOV. 18, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow time for appellants to submit alternate plans pursuant to the Board’s comments.

ITEMS (7A) & (7B) SHALL BE HEARD TOGETHER:

(7A) APPEAL NO. 09-105

 

SANFORD GARFINKEL, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL

100 - 32nd Ave. aka 865 El Camino del Mar. Protesting the issuance on Sept. 11, 2009, to Jennifer King and Timothy Fredel, Permit to Alter a Building (vertical addition of a second basement garage; horizontal addition; and alteration to existing basement and three floors of dwelling). APPLICATION NO. 2007/01/19/2027. PUBLIC HEARING HELD AND CLOSED ON DEC. 9, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow additional briefing and arguments by all parties, and to allow President Peterson to participate in the final vote.

(7B) APPEAL NO. V09-132

 

SANFORD GARFINKEL, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent

100 - 32nd Ave. Protesting the granting on June 30, 2009, to Jennifer King and Timothy Fredel, Rear Yard, Side Yard and Non-Complying Structure Variances. VARIANCE CASE NO. 2007.0129V. JURISDICTION GRANTED NOV. 4, 2009. PUBLIC HEARING HELD AND CLOSED ON DEC. 9, 2009. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow additional briefing and arguments by all parties, and to allow President Peterson to participate in the final vote.

ITEMS (8A) & (8B) SHALL BE HEARD TOGETHER:

(8A) APPEAL NO. 09-138

 

FRONT PROPERTIES LLC, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL	1633-1649 Haight Street. Appealing the denial on Nov. 12, 2009, of Permit to Alter a Building (deconstruct and replace billboard consistent with area and height of existing legal billboard per termite report; wall mount on Belvedere Street elevation). APPLICATION NO. 2009/09/15/6817. FOR HEARING TODAY.

(8B) APPEAL NO. 09-151

 

KEVIN STRAIN, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	1633-1649 Haight Street. Protesting the issuance on Dec. 3, 2009, to CBS Outdoor, Permit to Alter a Building (comply with DBI NOV; replace or repair bottom left area of billboard #2695 to ensure sign is free of any pest infestation). APPLICATION NO. 2009/10/19/9233. FOR HEARING TODAY.

(9) APPEAL NO. 09-141

 

JAWDAT ZEIDAN dba “MICHAEL’S WINE & SPIRITS”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent	2198 Union Street. Appealing a seventy (70) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Nov. 18, 2009. Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-09-107. FOR HEARING TODAY.

 

(10) APPEAL NO. 09-124

 

CURTIS SPECK, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent	400 Block of Masonic Avenue. SW Corner, Masonic and Golden Gate Aves. Protesting the issuance on October 19, 2009, to University of San Francisco, Tree Removal Permit. ORDER NO. 178,363. FOR HEARING TODAY.

(11) APPEAL NO. 09-140

 

CLAY SEIBERT, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent	172 Maddux Avenue. Appealing the imposition of penalty on Nov. 23, 2009, for construction work done without a permit. APPLICATION NO. 2009/11/23/1980. FOR HEARING TODAY.

(12) APPEAL NO. 09-118

 

VICTORIA GIANNINI, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent	270 Roosevelt Way. Protesting the issuance on Oct. 20, 2009, to Roxanne Gould, Permit to Alter a Building (comply with NOV No. 200904374; frame in property line window at north side with 1 hour assembly). APPLICATION NO. 2009/10/16/9171. FOR HEARING TODAY.

 

(13) APPEAL NO. 09-139

 

HILDA FALKENSTEIN & ROSALYN COLOMBO, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	2244-2250 Mason Street. Protesting the issuance on Nov. 9, 2009, to Transition LLC, Permit to Alter a Building (add garage door; add ramp for parking; convert storage to parking; relocate elevated walkway; new rear door). APPLICATION NO. 2008/05/22/2728S. FOR HEARING TODAY.

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: Jan. 29, 2010

 

MEMBERS OF THE BOARD OF APPEALS

 

TANYA PETERSON	PRESIDENT
KENDALL GOH	VICE PRESIDENT
FRANK FUNG	COMMISSIONER
MICHAEL GARCIA	COMMISSIONER
RAFAEL MANDELMAN	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.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.

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 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.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.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.boa.

DVD’S OF MEETINGS

DVD’s of meetings may be obtained from SFGTV, Channels 26 & 78. Please telephone 415-554-4188 for information.