BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

AGENDA FOR REGULAR MEETING - WEDNESDAY, DECEMBER 05, 2012

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 November 14, 2012 minutes.

 

 

(4)    ADDENDUM ITEMS: 

 

(4a)  JURISDICTION REQUEST:                                                 

Subject property at 390-392 Corbett Avenue.  Letter from Matthew Gluck, attorney for Philip deBuren & Lois Ehrenfeld, requestors, asking that the Board take jurisdiction over BPA No. 2012/03/29/7158, which was issued on April 06, 2012.  The appeal period ended on April 23, 2012, and the jurisdiction request was filed at the Board office on Oct. 30, 2012.  Permit Holder: Alana Kaselitz.  Project: remove all plaster and drywall; rewire to Code; install new plumbing to Code; re-configure wall space to create large living rooms and bathrooms; new drywall doors and trim; comply with BID No. 201208661 dated March 28, 2012.

 

 

(4b)  REHEARING REQUEST:                                                

Subject property at 1195 Quesada Street.  Letter from William Coggan, SFPD Permit Hearing Officer, requesting rehearing of Appeal No. 12-089, Johnson vs. SFPD, decided Nov. 07, 2012.  At that time, the Board voted 3-1-1 (Commissioner Lazarus dissented, one vacancy) to grant the appeal, overrule the denial of Tow Car Operator Permit, and issue the permit on the basis that the appellant fully disclosed his conviction history at the time he applied for the permit and that there is no proof in the record of any conviction.  Appellant: Henry Johnson.

 

(5)  APPEAL NO. 12-129

PIERRE VIGNEAU, Appellant(s)                         vs.   DEPT. OF PUBLIC WORKS BUREAU OF URBAN FORESTRY, Respondent	1901 Geary Blvd. Protesting the issuance on October 03, 2012, to Recreation & Park Department, Permit to Remove Fourteen (14) Trees. ORDER NO. 180717. FOR HEARING TODAY.

 

 

(6)  APPEAL NO. 12-085

CAMBON CONNOISSEUR COOPERATIVE INC., Appellant(s)                         vs.   ZONING ADMINISTRATOR, Respondent	33 Cambon Drive aka 61-85 Cambon Drive. Appealing a Letter of Determination dated July 10, 2012, addressed to Matthew Girardi, regarding whether a Medical Cannabis Dispensary (MCD) use would be permitted at the subject property under the Planning Code. FOR HEARING TODAY.

 

 

(7)  APPEAL NO. 12-109

RICHARD WINER & MARY MARZOTTO, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	483 Guerrero Street. Protesting the issuance on August 28, 2012, to Kamal Barbhuya, Permit to Alter a Building (add hood to approved coffee shop/limited restaurant; maximum 15 seats). APPLICATION NO. 2012/05/24/1175. FOR HEARING TODAY.

 

 

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

(8A)  APPEAL NO. 12-124

COURTNEY UTT, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	691 Post Street. Protesting the issuance on October 04, 2012, to Hawthorne/Stone, Permit to Alter a Building (installation of gate between 691 Post and 642 Jones in front of alley per DPW Permit No. 12MSE-0111 and Fire Department). APPLICATION NO. 2012/09/05/8969. FOR HEARING TODAY.

 

 

(8B)  APPEAL NO. 12-125

COURTNEY UTT, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	642 Jones Street. Protesting the issuance on October 02, 2012, to Elizabeth Apt. LLP, Permit to Alter a Building (installation of gate between 691 Post and 642 Jones in front of alley per DPW Permit No. 12MSE-0111 and Fire Department). APPLICATION NO. 2012/09/05/8971. FOR HEARING TODAY.

 

 

ITEMS (9A) AND (9B) SHALL BE HEARD TOGETHER:

(9A)  APPEAL NO. 12-127

PHILIP deBUREN & LOIS EHRENFELD, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	390-392 Corbett Avenue. Protesting the issuance on September 27, 2012, to Alana Kaselitz, Permit to Alter a Building (replace burned stairs and landing; revision to BPA No. 2012/03/29/7158; comply with NOV No. 201208661 and complaint No. 201202882). APPLICATION NO. 2012/09/27/0770. FOR HEARING TODAY.

 

 

(9B)  APPEAL NO. 12-134

PHILIP deBUREN & LOIS EHRENFELD, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	390-392 Corbett Avenue. Protesting the issuance on October 17, 2012, to Alana Kaselitz, Permit to Alter a Building (removal of gable / pitch roof - fire damaged; install flat roof over same area; revision to BPA No. 2012/03/29/7158; comply with NOV Nos. 201208081 and 201208661). APPLICATION NO. 2012/10/09/1615. FOR HEARING TODAY.

 

 

(10)  APPEAL NO. 12-130

BAY VIEW OFFICE FOR COMMUNITY PLANNING, Appellant(s)                         vs.   DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL	2065 Oakdale Avenue. Protesting the issuance on October 11, 2012, to Jack Tsang, Permit to Alter a Building (remove deteriorated vacant warehouse building; existing main building to remain). APPLICATION NO. 2012/10/09/1608. 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) 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, 1650 Mission Street, Room 304) and in the hearing room on the date the matter is scheduled to be heard. 

 

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:  November 30, 2012

 

 

MEMBERS OF THE BOARD OF APPEALS

 

CHRIS HWANG	PRESIDENT
FRANK FUNG	VICE PRESIDENT
ARCELIA HURTADO	COMMISSIONER
ANN LAZARUS	COMMISSIONER
***VACANT***	-----------------

                 

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 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