BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, JUNE 17, 2009
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 June 10, 2009 minutes.
(4) ADDENDUM ITEMS:
(4a) REHEARING REQUEST:
Subject property at 626 Kearny Street.ï¿½ Letter from Bashir Ghazialam, attorney for Hakim Haidarian and Donnie Baker, appellants, requesting rehearing of Appeal No. 08-184, Haidarian & Baker vs. DPH, decided Feb. 11, 2009.ï¿½ At that time, the Board voted 3-2 (Commissioners Goh and Mandelman dissented) to uphold the DPH decision on condition that the suspension be reduced to seven days. Four votes being required to overturn a departmental action, the 15-day suspension by the DPH was upheld.
(4b) REHEARING REQUEST:
Subject property at 2650-2652 Hyde Street. Letters from Ellen Tsang c/o Arza Trust and Edgar Brincat, appellants, requesting rehearing of Appeal Nos. 09-023/024, decided May 13, 2009. At that time, the Board voted 2-2-1 (President Fung and Commissioner Garcia dissented, Vice President Peterson absent) to grant the appeal and overturn the permit. Four votes being required to overturn a departmental action under the City Charter, the permit was upheld. Permit Holder: Douglas Greenwood. Project: comply with NOV No. 200877313; revise previous permit No. 2008/04/02/8610; remove brick foundation and siding to install new foundation work; after completion of work, replace in kind front faÃ§ade and landscape back to existing conditions; BPA No. 2008/11/04/5823
(4c) ADOPTION OF FINDINGS:
Subject property at 652 Kearny Street. Appeal No. 09-003, 7-Eleven vs. DBI, PDD, decided on May 13, 2009. At that time, the Board voted 4-0-1 (Vice President Peterson absent) to dismiss the appeal for lack of subject matter jurisdiction, and to uphold the denial of the subject permit. Project: interior ground floor and basement tenant improvements for 7-Eleven; construct service counters; storage shelf fixtures; coffee bar/drink station; new handicap restroom; reach-in refrigerator and sink; BPA No. 2008/03/05/6385.
(4d) JURISDICTION REQUEST:
Subject property at 84 Miraloma Drive. Letter from Derek Chan, requestor, asking the Board to take jurisdiction over BPA No. 2009/02/11/1855 which was issued on April 10, 2009 and for which the appeal period lapsed on April 27, 2009. Permit Holder: Roderick Shao.ï¿½ Project: seismic upgrade, fill-in partial lower level floor; extend interior stair down to basement level; develop basement into living area including home theater and spa; seismic design to plan for future one-story vertical addition; replace and rearrange rear and side windows and doors.
(5) APPEAL NO. 09-037
ANDREAS MOURELATOS, Appellant(s)
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
485 Corbett Avenue.
Protesting the issuance on April 3, 2009, to Samuel Kwong & Corinna Chan, Permit to Alter a Building (remodel each level of single-family dwelling; add second single-family dwelling with second single-car garage; build into required rear yard per approved variance; sprinkler system under separate permit for completed four-story structure; add decks at rear).
APPLICATION NO. 2008/09/08/0981S.
FOR HEARING TODAY.
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, Respondentâ€™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.ï¿½
Date posted: June 12, 2009
MEMBERS OF THE BOARD OF APPEALS
FRANK FUNG, PRESIDENT
TANYA PETERSON, VICE PRESIDENT
KENDALL GOH, 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.
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. the Thursday (six days) prior to the scheduled public hearing.ï¿½ 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.
Pursuant to Government Code Â§ 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.ï¿½ 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.
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.ï¿½ 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: Frank Darby 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 email@example.com. Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Mr. Darby or by printing Chapter 67 of the San Francisco Administrative Code on the internet at www.sfgov.org/sunshine/.
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 Â§ 2.100] to register and report lobbying activity.ï¿½ 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 Boardâ€™s web site.
DVD'S OF MEETINGS
DVD's of meetings may be obtained from SFGTV, Channels 26 & 78. Please telephone 415-554-4188 for information.