March 23, 2011
BOARD OF APPEALS
CITY & COUNTY OF
AGENDA FOR REGULAR MEETING - WEDNESDAY, MARCH 23, 2011
5:00 P.M., CITY HALL, ROOM 416,
(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) COMMISSIONER COMMENTS & QUESTIONS:
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the March 16, 2011 minutes. |
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(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
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Subject property at |
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(4b) JURISDICTION REQUEST:
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Subject property at |
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(5) APPEAL NO. 11-011
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DEAN vs. DEPT. OF BUILDING INSPECTION, Respondent |
Protesting the issuance on Jan. 10, 2011, to John Brennan, Permit to Alter a Building (Chase Bank; revision to BPA No. 2010/10/18/3214; includes window and brick wainscotting modifications; revised floor heights and associated ramp; revised entry and structural revisions for door and ATM openings). APPLICATION NO. 2011/01/07/8051. PUBLIC HEARING HELD AND CLOSED ON MARCH 16, 2011. NOTE: matter continued to allow absent Board member to participate in vote. |
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(6) APPEAL NO. 10-126
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RICHARD RABBITT, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE MAPPING, Respondent |
Protesting the issuance on Oct. 29, 2010, to PERMIT NO. 10MSE-0373. PUBLIC HEARING HELD AND CLOSED ON JAN. 19, 2011. FOR FURTHER COINSIDERATION TODAY. NOTE: matter continued to allow time for DPW to submit additional information pursuant to the Board’s comments; additional briefing is allowed. |
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(7) APPEAL NO. 11-002
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RICHARD ARVIN, Appellant(s) vs. MUNICIPAL TRANSPORTATION AGENCY, DIVISION OF TAXIS AND ACCESSIBLE SERVICES, Respondent |
Appealing the revocation on Dec. 23, 2010, of Taxicab Medallion No. 997. PUBLIC HEARING HELD ON MARCH 9, 2011. FOR FURTHER CONSIDERATION TODAY. NOTE: matter continued to allow time for the parties to propose alternate penalties and to discuss settlement; additional briefing is allowed. |
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(8) APPEAL NO. 10-131
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IKE’S PLACE, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent Subject Property Owner: DENMAN DROBISCH |
3506 – Appealing a Notice of Violation and Penalty dated July 13, 2010, regarding an allegation of illegal commercial activities at the subject property. JURISDICTION GRANTED NOV. 17, 2010. FOR HEARING TODAY. |
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(9) APPEAL NO. 11-018
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JASON BLEY, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent Subject Property Owner: CARMEN HO |
731 & Appealing an Amended Request for Release of Suspension dated Jan. 25, 2011, addressed to DBI Director Vivian Day, which requests that that the suspensions against BPA Nos. 2010/06/14/4484 and 2010/05/05/1750 be lifted because the property owner has worked with the Planning Department to clarify the proposed improvements under these permits. FOR HEARING TODAY. |
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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,
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: March 18, 2011
MEMBERS OF THE BOARD OF APPEALS |
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KENDALL GOH |
PRESIDENT |
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MICHAEL GARCIA |
VICE PRESIDENT |
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FRANK FUNG |
COMMISSIONER |
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CHRIS HWANG |
COMMISSIONER |
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TANYA PETERSON |
COMMISSIONER |
PROCEDURE AT HEARINGS
Except when the Presiding Officer finds good cause to order the presentations otherwise, the order of presentation of an appeal shall be as follows: (a) In all cases, the appellant shall speak first and shall be allowed seven minutes to present relevant testimony and evidence. Then the permit holder, representatives of the department, board, commission or person from whose order the appeal is taken, and/or other parties, shall be allowed seven minutes for presentation of relevant testimony and evidence. Three minutes for rebuttal shall be provided to all parties in this same order; (b) In all cases, 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
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
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
