December 12, 2012
BOARD OF APPEALS
CITY & COUNTY OF
AGENDA FOR REGULAR MEETING - WEDNESDAY, DECEMBER 12, 2012
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 December 5, 2012 minutes. |
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(4) ADDENDUM ITEMS:
(4a) REHEARING REQUESTS:
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Subject property at 124-128 Fillmore Street. Letter from David Nale, subject property owner/appellant, requesting rehearing of Appeal Nos. 12-110 and 12-112, decided October 24, 2012. At that time, the Board voted 3-0-2 (President Hwang absent, one vacancy) to uphold the Letter of Determination (LOD) on the basis that the Zoning Administrator has already made significant accommodations to the subject property owner. Appellant in 12-112: Deborah Stott. LOD: regarding a request to extend the expiration date of Variance Decision No. 2005.0228V. |
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(4b) REHEARING REQUEST:
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Subject property at 498 Hoffman Avenue. Letter from Allen Sowle, attorney for Nicolas Andrade & James McDermott, appellants, requesting rehearing of Appeal No. 12-117, decided Nov. 07, 2012. At that time, the Board voted 2-1-2 (Vice President Fung dissented, Commissioner Hurtado absent, one vacancy) to uphold the Letter of Determination on the basis that there was no error or abuse of discretion on the part of the Zoning Administrator. Three out of four votes being required to overturn or modify a departmental action when a vacancy exists, the Letter of Determination was upheld by operation of law. LOD: regarding the legal dwelling unit count for the subject property. |
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(4c) REHEARING REQUEST:
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Subject property at 150 California Street & 84 – 2nd Street. Letter from 2nd Street Merchants, appellant, requesting rehearing of Appeal No. 12-126, decided Nov. 14, 2012. At that time, the Board voted 2-2-1 (Vice President Fung & Commissioner Lazarus dissented, one vacancy) to uphold the subject Mobile Food Facility (MFF) permit on the basis that the sale of espresso drinks is not like foods under DPW’s MFF guidelines. Three out of four votes being required to overturn or modify a departmental action when a vacancy exists, the permit was upheld by operation of law. Permit Holder: Expresso Subito LLC. |
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(4d) REHEARING REQUEST:
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Subject property at 70 Elk Street. Letter from Anastasia Glikshtern, appellant, requesting rehearing of Appeal No. 12-128, decided Nov. 14, 2012. At that time, the Board voted 4-0-1 (one vacancy) to uphold the subject permit on the basis that it is Code compliant. Permit Holder: Recreation & Park Department. Project: to make ADA accessible; path of travel, restrooms, doors, drinking fountain; mechanical, electrical work to the site and restrooms and drinking fountain including concrete slab in restrooms; new landscape work to the site; BPA No. 2012/07/17/5064. |
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(5) APPEAL NO. 12-135
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MISSION PIERS DEVELOPMENT LLC, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent |
2121 – 3rd Street. Appealing the denial on October 19, 2012, of a Tree Removal Permit (four trees). ORDER NO. 180734. FOR HEARING TODAY. |
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ITEMS (6A), (6B), (6C) & (6D) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 12-105
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JOSH BLEECHER SNYDER, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
530 Sanchez Street. Protesting the issuance on August 20, 2012, to Brendan Fox, of a Permit to Demolish a Building (two-story, single-family dwelling with 1,083sf of ground floor area). APPLICATION NO. 2005/05/03/1416. |
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(6B) APPEAL NO. 12-106
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JOSH BLEECHER SNYDER, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
530 Sanchez Street. Protesting the issuance on August 20, 2012, to Brendan Fox, of a Permit to Erect a Building (four-story, two-unit building with 1,413sf of ground floor area). APPLICATION NO. 2005/05/03/1415S. |
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(6C) APPEAL NO. 12-107
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DENNIS STEWART, Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
530 Sanchez Street. Protesting the issuance on August 20, 2012, to Brendan Fox, of a Permit to Demolish a Building (two-story, single-family dwelling with 1,083sf of ground floor area). APPLICATION NO. 2005/05/03/1416. |
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(6D) APPEAL NO. 12-108
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DENNIS STEWART Appellant(s) vs. DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL |
530 Sanchez Street. Protesting the issuance on August 20, 2012, to Brendan Fox, of a Permit to Erect a Building (four-story, two-unit building with 1,413sf of ground floor area). APPLICATION NO. 2005/05/03/1415S. |
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(7) APPEAL NO. 12-101
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SHUMEI FANG dba “CEO HEALTH CLUB INC.”, Appellant(s) vs. DEPT. OF PUBLIC HEALTH, Respondent |
130 Bush Street #601. Appealing a ninety (90) day suspension issued on August 14, 2012, of a Massage Establishment Permit. DIRECTOR’S CASE NO. MSG12-39. 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) Departmental decision, order, permit, determination, resolution, or notice of violation; 4) submittals by members of the public; 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) and in the hearing room on the date the matter is scheduled to be heard. Please call 415-575-6880 if you have any questions concerning this agenda.
Date posted: December 7, 2012
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MEMBERS OF THE BOARD OF APPEALS |
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CHRIS HWANG |
PRESIDENT |
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FRANK FUNG |
VICE PRESIDENT |
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DARRYL HONDA |
COMMISSIONER |
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ARCELIA HURTADO |
COMMISSIONER |
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ANN LAZARUS |
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) the appellant shall speak first and shall be allowed seven (7) 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 (7) minutes for presentation of relevant testimony and evidence. Three minutes for rebuttal shall be provided to all parties in this same order; (b) the Board may request a departmental response at its own discretion. For rehearing requests and jurisdiction requests, each party shall be allowed three (3) minutes to present testimony and evidence, with no rebuttal.
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.
Those members of the public who intend to testify about a particular appeal and wish to have the Board give their testimony evidentiary weight for purposes of deciding the appeal are asked to take an oath. Please note that any member of the public may speak without being sworn-in pursuant to their rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code).
SPECIAL NOTES
If the Board continues a matter to a specific date that is announced to the parties in the hearing room, no additional mailed notice will be sent. Please call the Board office at 415-575-6880 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 the Board’s 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 4:30 p.m. one (1) Thursday 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 public 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
San Francisco, California 94103
