May 19, 2010
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, MAY 19, 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 May 12, 2010 minutes. (4) ADDENDUM ITEMS: (4a) JURISDICTION REQUEST:
Subject property at 1102 Taraval Street. Letter from Nancy Wuerfel, requestor, asking that the Board take jurisdiction over BPA No. 2010/03/23/8808, which was deemed to have been issued pursuant to Conditional Use (CU) Motion No. 17993. Permit Holder: Damien Quinn. Project: remove non-permitted construction per complaint (NOV) No. 200928986; remove non-permitted 2nd floor; remove stairs from ground floor to 2nd floor; demo work only; ADA requirements under separate permit. Note: Public hearing was held and closed on May 05, 2010; matter continued to May 19, 2010 to await advice from the OCA as requested by the Board, and with no additional briefing allowed. (4b) JURISDICTION REQUEST:
Subject property at 58 Wilmot Street. Letter from Evelyn Kay Elliott, requestor, asking that the Board take jurisdiction over BPA No. 2007/03/09/5886S, which was issued on October 30, 2009, and for which the appeal period ended on Nov. 16, 2009. Jurisdiction request received on April 23, 2010. Permit Holder: Pine Street Holdings LLC (New Subject Property Owner Bolex LLC). Project: construct a three-story, single-family residence.
(5) APPEAL NO. 09-144
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WESLEY HOLLIS, Appellant(s) vs.
MUNICIPAL TRANSPORTATION AGENCY, DIVISION OF TAXIS AND ACCESSIBLE SERVICES, Respondent |
Appealing the revocation on Nov. 23, 2009, of Taxicab Medallion No. 1022 and Color Scheme Permit No. 3032. FOR HEARING TODAY.
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(6) APPEAL NO. 10-023
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LARRY & ANNA WONG, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent
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3224 – 26th Street. Appealing the imposition of penalty for construction work done without a permit. APPLICATION NO. 2010/02/19/6819. FOR HEARING TODAY. |
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(7) APPEAL NO. 09-134
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STEVEN FILLIPOW & TRACY ISELER, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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58 Wilmot Street. Protesting the issuance on Oct. 30, 2009, to Pine Street Holdings LLC (New Subject Property Owner Bolex LLC), Permit to Erect a Building (three-story, single-family residence). APPLICATION NO. 2007/03/09/5886S. PUBLIC HEARING HELD AND CLOSED ON FEB. 10, 2010. FOR FURTHER CONSIDERATION TODAY. Note: No additional briefing is allowed; matter continued to allow time for appellant to seek an exposure variance under the Planning Code. |
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(8) APPEAL NO. V10-032
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EVELYN KAY ELLIOTT, Appellant(s) vs.
ZONING ADMINISTRATOR, Respondent
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58 Wilmot Street. Protesting the granting on March 26, 2010, to Bolex LLC, Dwelling Unit Exposure Variance (construct a new three-story over garage, single-family dwelling). VARIANCE CASE NO. 2010.0104V. FOR HEARING TODAY. |
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(9) APPEAL NO. 10-028
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DOLORES NEIGHBORHOOD GROUP, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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1266B Dolores Street. Protesting the issuance on March 02, 2010, to Dolores Street Holdings LLC, Permit to Alter a Building (remove non-legal addition of building at rear approx. 20 X 25 ft per NOV Nos. 200794996 / 200724782; BPA No. 2009/09/01/5994 is to complete work under expired BPA No. 2005/08/26/1395 – change of use from one to three units). APPLICATION NO. 2010/01/25/5262. FOR HEARING TODAY. |
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(10) APPEAL NO. 09-142
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BRIAN HUNT, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL |
2082 Pine Street. Appealing the denial on Nov. 25, 2009, of Permit to Alter a Building (building originally contained three-dwelling units; one unit was abandoned; restore this living unit to make a three-unit residential building). APPLICATION NO. 2009/08/21/5311. PUBLIC HEARINGS HELD AND CLOSED ON FEB. 24, 2010, AND MAY 12, 2010. FOR FURTHER CONSIDERATION TODAY. Note: Matter continued to allow President Peterson to participate in the final vote, and with no additional briefing allowed. |
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(11) APPEAL NO. V09-147
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DEAN MOREHOUS, Appellant(s) vs.
ZONING ADMINISTRATOR, Respondent
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967 – 14th Street. Appealing the granting on November 30, 2009, to Stephen Melvin and Torrei Groening, Rear Yard Variance (removal of existing 2nd floor rear deck and replacing it with new deck with spiral stairway to grade; addition of first floor rear deck in building notch along west side lot line; replacement of existing 1st floor rear stairway in kind along east side lot line). VARIANCE CASE NO. 2009.0842V. PUBLIC HEARING HELD AND CLOSED ON FEB. 10, 2010. FOR FURTHER CONSIDERATION TODAY. Note: No additional briefing is allowed; matter continued to allow time for parties to try to settle the matter. |
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ITEMS (12A) AND (12B) SHALL BE HEARD TOGETHER: (12A) APPEAL NO. 10-022
GEOFFREY NOAKES, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 1130 Cole Street. Protesting the issuance on Feb. 22, 2010, to Chris Culpo, Permit to Alter a Building (revision to BPA Nos. 2008/04/11/9494, 2008/07/18/7088, 2009/07/30/3810; modify kitchen windows at rear; modify rear yard stairs to basement; light fixtures at rear yard elevation; retaining wall, fence; rear yard p.l.’s qualify lower level as basement; modify approved bathroom; modify rear stair to roof for jts). APPLICATION NO. 2010/02/19/6876. PUBLIC HEARING HELD AND CLOSED ON MAY 12, 2010. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for parties to continue settlement negotiations pursuant to the Board’s comments, and with additional briefing due by May 18, 2010.
(12B) APPEAL NO. 10-039
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SAMINA ZAINAB ALI, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
1130 Cole Street. Protesting the issuance on Feb. 22, 2010, to Chris Culpo, Permit to Alter a Building (same description as above appeal). APPLICATION NO. 2010/02/19/6876. JURISDICTION GRANTED APRIL 14, 2010. PUBLIC HEARING HELD AND CLOSED ON MAY 12, 2010. FOR FURTHER CONSIDERATION TODAY. Note: matter continued to allow time for parties to continue settlement negotiations pursuant to the Board’s comments, and with additional briefing due by May 18, 2010. |
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(13) APPEAL NO. 09-136
SUSAN WAYNE, DIANE BIELEFELD, & NANCY KOCH, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL 4033 – 19th Street. Protesting the issuance on Nov. 3, 2009, to Bryan Terhune, Permit to Alter a Building (build out existing crawl space with three bedrooms, one bath and new connecting stairs on lower level; excavate below crawl space for new garage; replace wood entry stair with wood stair and railings). APPLICATION NO. 2007/11/28/9099. 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: May 14, 2010
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MEMBERS OF THE BOARD OF APPEALS |
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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.
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.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
