May 05, 2010
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, MAY 05, 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 April 14, 2010 minutes. |
|---|
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
|
Subject property at 350 Beach Street. Letter from Alan Low, attorney for 350 Beach LLC, appellant, requesting rehearing of Appeal No. 09-153, decided March 03, 2010. At that time, upon motion by President Peterson, the Board voted 3-1-1 (Vice President Goh dissented, Commissioner Fung absent) to uphold the ZA Letter of Determination regarding the release of Notices of Special Restrictions recorded against the subject property. |
|---|
(4b) JURISDICTION REQUEST:
|
Subject property at 1160 Battery Street. Letter from Michael Franklin, agent for Blue Jeans Equities West, requestor, asking that the Board take jurisdiction over Dept. of Public Works Order No. 178,114, which was issued on April 20, 2009, and for which the appeal period lapsed on May 05, 2009. Jurisdiction request received on April 09, 2010. DPW Order: approval of request to remove two (2) trees with conditions, and denial of request to remove an additional five (5) trees at subject property. |
|---|
(4c) 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. |
|---|
(5) APPEAL NO. 09-146
|
CARLOS & LOUISE BEA, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. DISAPPROVAL |
2727 Pierce Street. Appealing the denial on Nov. 30, 2009, of Permit to Alter a Building (repair brick retaining walls on both sides of property). APPLICATION NO. 2009/10/15/9068. PUBLIC HEARING HELD AND CLOSED ON FEB. 24, 2010. FOR FURTHER CONSIDERATION TODAY. Note: On Feb. 24, 2010, the Board voted 4-1 (TP dissented) to continue the matter to Call of Chair to allow time for the appellant to pursue a Certificate of Appropriateness at the Historic Preservation Commission. |
|---|
(6) APPEAL NO. 10-003
|
JASON BLEY, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
731-741 Commercial Street. Protesting the issuance on Jan. 7, 2010, to Charity Cultural Service Center, Permit to Alter a Building (partitioning walls for offices including lighting, electrical, plumbing and counters; upgrade front entry and restrooms for disabled access). APPLICATION NO. 2009/12/21/3611. PUBLIC HEARING HELD AND CLOSED ON APRIL 14, 2010. FOR FURTHER CONSIDERATION TODAY. Note: No additional briefing is allowed; matter continued to allow time for permit holder to submit revised plans and to seek an ADA hardship from DBI. |
|---|
(7) APPEAL NO. 10-008
|
JOANNE LEDUC, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent |
2495 – 33rd Avenue. Protesting the issuance on Jan. 18, 2010, to Miu Ling Tam, Tree Removal Permit. ORDER NO. 178,502. FOR HEARING TODAY. |
|---|
(8) APPEAL NO. 10-012
|
JOYCE BOOK, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
791 San Bruno Avenue. Protesting the issuance on Jan. 25, 2010, to Edward & Shiho Schummer, Minor Sidewalk Encroachment Permit. PERMIT NO. 07MSE-0266. FOR HEARING TODAY. |
|---|
(9) APPEAL NO. 10-010
|
RAJAT & ADELINA KONGOVI, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
|
3567-3569 – 17th Street. Protesting the issuance on Feb. 2, 2010, to Karen Zehring, Permit to Alter a Building (remove non-bearing partition at garage and lower concrete floor at tradesman passageway; repair termite work at rear yard fence; re-open existing pocket doors at 2nd floor flat living room). APPLICATION NO. 2010/02/02/5713. FOR HEARING TODAY. |
|---|
(10) APPEAL NO. 10-019
|
SERENA LEE HARRIGAN, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
858 – 34th Avenue. Protesting the issuance on Feb. 19, 2010, to Ed Wang, Permit to Alter a Building (alteration and third floor addition including three bedrooms, two bathrooms, and laundry). APPLICATION NO. 2007/12/03/9520S. FOR HEARING TODAY. |
|---|
(11) APPEAL NO. 10-024
|
JENNIFER PERINGER, RICHARD EVERETT, GREG GARDNER, BETHANY GOAD, JESSICA RUCKER, STEPHEN INGALLS, CHRISTINA EMPEDOCLES, GEORGE MACHUN, JOE SKINNER, MAY MONTANA, KATIE AMELIA, AND JACK SCHNEIDER, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
|
173 Ellsworth Street. Protesting the issuance on March 04, 2010, to Pathmark Group LLC, Permit to Alter a Building (rebuild burned down attic; add new stair to access attic; add one bathroom and two bedrooms; add one skylight; relocate one skylight). APPLICATION NO. 2010/03/02/7392. 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: April 30 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.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
