August 27, 2003PLANNING DEPARTMENT
CITY AND COUNTY OF
Notice of Hearing on Application
For Zoning Variance
CITY HALL - Room 408
1 Dr. Carlton B. Goodlett Place
Wednesday, August 27, 2003
Session Begins at 9:30 A.M.
JIM R. NIXON, Acting Zoning Administrator
Marge Gambelin, Recording Secretary
Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the City Planning Code as described below has been filed with the Zoning Administrator.
Any remaining questions concerning this application review process may be answered by the Planning Information Center at (415) 558-6377.
Variance Calendars are available on the Internet at http://www.ci.sf.ca.us/planning/variance.htm.
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Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the City Planning Code as
described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, August 27, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:
1. 2003.0455V: 36 PRESIDIO TERRACE, east side west of Arguello Boulevard, Lot 054 in Assessor's Block 1355 in an RH-1(D) (Residential, Detached House, One-Family) District and a 40-X Height and Bulk District.
Section 133 of the Planning Code requires two side yards each of 5 feet for lots with a width of 50 feet or more. A portion of the existing brick wall is within 4 feet 5 inches of the side property line where the required side yard is 5 feet. The 10 foot tall trellis and screen that is proposed on top of the existing 2 foot tall brick wall would subsequently be located in the required side yard contrary to Section 133.
Section 188 of the Planning Code prohibits the intensification of a noncomplying structure which increases the degree of noncompliance. The subject building extends into a portion of the required side yard on the north side and is considered a legal noncomplying structure. The proposed alteration would be contrary to Section 188.
2. 2003.0518V: 1412 LYON STREET, east side between Sutter and Post Streets; Lot 20B in Assessor's Block 1074 in an RH-3 (Residential, House, 3-Family) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to remove the existing rear stairs and deck, which are located in the required rear yard, and construct new stairs with associated landings. The proposed stairs would extend about 7 feet from the rear of the building and would extend up to the third floor, with firewalls along the side property lines. The building contains three dwelling units.
Section 134 of the Planning Code requires that the rear yard be equal to 45 percent of the lot depth, or the average of the two adjacent properties. In this case, the required rear yard would be 46 feet deep. The existing rear yard measures approximately 48 feet to the rear facade of the building and approximately 30 feet to rearmost portion of the existing stairs and deck. The proposed new stairs would be partially located in the required rear yard, which would measure 41 feet, five feet less than required.
3. 2003.0453V: 3904-3906 CLAY STREET,north side between Cherry Street
and Arguello Boulevard; Lot 006 in Assessor's Block 0991, in an RH-1 (Residential,
House, One-Family) District and a 40-X Height and Bulk District. The lot is
40 feet wide by 70 feet deep, containing 2,800 square feet. The existing building
is a two-family, three-story over basement building, covering approximately
89 percent of the lot.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a new first-floor deck (approximately 10 feet deep by 19 feet wide), and a new second-floor balcony (approximately 3 feet deep by 17 feet wide) at the rear of the existing three-story over basement, two-family building.
Section 134 of the Planning Code requires that the minimum rear yard depth to be 25 percent of the total depth of the lot, but in no case less than 15 feet. The required rear yard would be approximately 17.6 feet from the rear property line. In this instance, the existing building already encroaches into the required rear yard (approximately 13 feet on the west side and 6 feet on the east side).
The proposed second-floor deck and third-floor balcony would be entirely in the required rear yard (0 feet and 1 foot from the rear property line respectively).
The proposal is also to reconfigure the existing two-unit building by relocating Unit 1 on the first floor to the third floor (top floor), and Unit 2 on the two upper floors to the lower two floors. Exterior façade changes are also proposed, including the relocation of the existing front entry stairs from the west side of the building to the east side for Unit 2, and the creation of a new east side entrance for Unit 1.
4. 2003.0541V 565 DIAMOND STREET, east side between Alvarado and 23rd Streets; Lot 023 in Assessor's Block 2803 in an RH-2 (Residential House, Two-Family) and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is for the construction
of a two-story rear extension, and for the construction of a new third-story
Section 134 of the Planning Code requires a rear yard of 35.5
feet for the subject lot, measured from the rear property line. The
third-story portion of the project meets the required 35.5 foot rear
Section 136(B)(ii) of the Planning Code requires a 5-foot
side setback for each side of the proposed two-story rear extension.
As proposed the two-story rear extension encroaches five feet into
the required side setback on the north side.
5. 2003.0523V 166 MERCED AVENUE, north side between Kensington Way and Garcia Avenue; Lot 031 in Assessor's Block 2886 in an RH-1 (D) (Residential House, One-Family, Detached) and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to expand the existing one-story detached, one-car garage located at the rear of the lot. The expansion would increase the width of the structure by 5'-0" for a total width of 15'-4". The height and depth of the structure would remain the same.
Section 134 of the Planning Code requires a rear yard of 25 feet for the subject lot, measured from the rear property line. The existing detached garage encroaches entirely within the required rear yard.
Section 188 of the Planning Code does not permit the expansion of a noncomplying structure. The existing garage, which already encroaches into the required rear yard, is considered a legal, noncomplying structure. Therefore, the proposal to expand the garage would be contrary to Section 188.
6. 2003.0118V 532 DAY STREET, north side of the street between the end of the cul-de-sac of Zircon Place and Castro Street; Lot 037 in Assessor's Block 7537 in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
ENLARGEMENT OF A NONCOMPLYING STRUCTURE & REAR YARD VARIANCE SOUGHT: The proposal is to construct a new second story vertical addition to an existing one-story over basement, single-family dwelling. The existing house consists of a 792 square foot main floor, over an existing basement. The new two-story house would be a total of 1,681 square feet, plus the existing basement storage area. The existing house, constructed in 1898, is non-compliant with current rear yard setback requirements.
Section 134 of the Planning Code requires a minimum (25%) rear yard depth of approximately 28 feet 6 inches for the subject property. The existing house and the proposed addition encroach approximately 21 feet into the required rear yard setback.
Section 188 of the Planning Code requires that a variance be sought for the enlargement of a noncomplying structure. The existing building is noncomplying due to rear yard encroachment.
7. 2003.0522V 4136-17th STREET, north side between Eureka and Diamond Streets, Lot 30A in Assessor's Block 2623 in an RH-3 (Residential, House, Three-Family) District.
REAR YARD VARIANCE SOUGHT: The proposal is to reconstruct a previously existing legal noncomplying stairs above grade located entirely in the required rear yard.
Section 134 of the Planning Code requires a minimum rear yard of 15 feet. The proposed new stairs would extend to zero feet of the rear property line (encroaching 15 feet into the required rear yard).
8. 2003.0407V 247 and 247 ½ NEY STREET, north side between Congdon and Trumbull Streets, Lot 8 in Assessor's Block 5871 in an RH-1 (Residential, House, One-Family) District.
MINIMUM STREET FRONTAGE, LOT AREA, REAR YARD, USABLE OPEN SPACE, AND DWELLING UNIT EXPOSURE VARIANCE SOUGHT: The proposal is to subdivide the existing lot, approximately 2,750 square feet in area, into two lots. There is currently an existing legal nonconforming and noncomplying one-story, single-family dwelling located at the rear portion of the lot. There is no change to the total number of dwelling units or any physical changes to the existing two dwelling structures on the subject property.
Section 121(a) of the Planning Code requires a minimum street frontage of 16 feet for every newly created lot. The proposed lot at the rear will continue to have access to and from Ney Street along the east side of the property at the front and will not meet this street frontage requirement.
Section 121(e) of the Planning Code requires a minimum lot area of 2,500 square feet for all RH-1 lots. Both lots would be deficient in lot area. The lot at the front will be approximately 1,525 square feet while the other lot at the rear will be approximately 1,225 square feet in area.
Section 134 of the Planning Code requires a minimum rear yard depth of no less than 27 feet and six inches. Both lots have existing structures encroaching into the required rear yard and will not meet this rear yard requirement.
Section 135 of the Planning Code requires a minimum of 125 square feet of private usable open space or 166.25 square feet of common usable open space to serve each dwelling unit. The existing courtyard, approximately 225 square feet in size, will not be sufficient common usable open space to serve both units on the subject property. The existing five-foot, three-inch side yard setback for the unit at the front will also not be wide enough to meet the minimum horizontal dimension of six feet for private usable open space.
Section 140 of the Planning Code requires all dwelling units to face directly on an open area of either (1) a public street or alley, (2) a rear yard meeting the requirement of the code, or (3) an open area of no less than 25 feet in every horizontal dimension. The proposal will not have sufficient exposure to serve the existing dwelling unit at the rear.
Section 151 of the Planning Code requires one (1) off-street parking space per each dwelling unit. The project includes conversion of an existing parking space into habitable area without the benefit of permits. The proposal will not have sufficient parking to serve the existing dwelling unit at the front. As mentioned in the description, the existing dwelling unit at the rear is nonconforming and noncomplying and does not have any required parking.
9. 2003.0480V: 834-840 LOMBARD STREET, north side
between Jones and Taylor Streets, Lot 005 in Assessor's Block 0066 in an RM-1
(Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.
FRONT SETBACK AND ENTRANCES TO OFF-STREET PARKING VARIANCES SOUGHT: The proposal is to demolish the existing garage at the front of the subject lot and to construct a new 3-story single-family dwelling unit with three off-street parking spaces.
Section 132 of the Planning Code requires that in RM Districts, all buildings shall be setback from the front property line "to the average of the two adjacent front setbacks." For the subject lot, this results in a required front setback of 15 feet. The proposed project would fully encroach into the front setback, extending to the front property line.
Section 144 (b) of the Planning Code provides that in the case of dwellings in the RM-1 District, no more than 30 % of the width of the ground story along the building wall and set back from the front lot line, shall be devoted to entrances to off-street parking. For the subject lot, entrances to off-street parking are required to occupy no more than 12.75 feet of the lot width. The project proposes two garage entrances that are each 10 feet wide.
Section 144 (c) of the Planning Code provides that in the case of dwellings in the RM-1 District, no less than 30 % of the width of the ground story along the building wall that is setback from the front lot line, shall be devoted to windows, entrances for dwelling units, landscaping, and other architectural features that provide visual relief and interest from the street frontage. For the subject lot, these features are required to occupy a minimum of 12.75 feet of the lot width. The project proposes applicable features that total approximately 8 feet of lot width.
10. 2003.0476V: 1120 and 1122 VALLEJO STREET, north side between Jones and Leavenworth Streets; Lots 055 and 056 in Assessor's Block 0126 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposed project is the construction of an enclosed pavilion on the roof of the existing three-story building and the enclosure of two areas at the rear of the building that are currently unenclosed.
Section 134 of the Planning Code requires a rear yard of 15' 0", measured from the rear property line. The existing building already covers the entire lot, and the proposed roof pavilion will extend to within 3' 6" of the rear property line.
Section 188 of the Planning Code prohibits the expansion of a noncomplying structure that increases the degree of noncompliance. The existing building already occupies the required rear yard and is considered a legal noncomplying structure. The proposed enclosure of two areas at the rear of the building that are currently unenclosed would be contrary to Section 188.
11. 2003.0573V: 418 BOSWORTH STREET; three through lots between San Jose Avenue and Bosworth Street west of Rousseau Street, Lots 5, 6 and 7 in Assessor's Block 6747, in an RH-2 (House, Two-family) District and a 40-X Height and Bulk District.
LOT SIZE AND WIDTH VARIANCE SOUGHT. The project is to adjust the lot lines of the three subject lots by eliminating the existing two interior lot lines and reestablishing three new interior lot lines to create four new lots within the same area.
Planning Code Section 121(e) requires that each new lot have an area of at least 2,500 square feet, except lots that are within 125-feet of an intersection, which are to have a lot areas of at least 1,750 square feet.
Planning Code Section 121(d) requires that each lot have a width of at least 25-feet for a sufficient depth of the subject lot. The proposed lots would be 2,945 square feet, 2,351 square feet, 2,125 square feet, and 1,755 square feet requiring variances for three of four of the newly created lots. The new lots would be 25-feet wide (for two of the four lots), 24.5-feet wide and 20-feet wide requiring variances for two of four of the newly created lots.
12. 2003.0521V: 141-147 ALBION STREET, east side between 16th and 17th Streets, Lot 68 in Assessor's Block 3568, in an RM-2 (Residential, Mixed, Moderate Density) District, and a 40-X Height and Bulk District.
FRONT SETBACK VARIANCE SOUGHT. The project is to demolish the existing carport structure and a small building at the rear of the lot, and construct a new building that would be built to the front property line. This would be done in conjunction with a project to convert the existing union hall structure, which currently contains a dwelling unit, to a two-unit structure and construct a new three-unit structure immediately adjacent to it.
Planning Code Section 132 requires an 8-foot front setback based on the average of the adjacent two parcel's front setbacks. The proposed new building would not have a front setback.
13. 2003.0505V: 425 GATES STREET, west side, between Jarboe and Tompkins Avenues; Lot 028 in Assessor's Block 5703, in an RH-1 (Residential, House, One- Family) District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.
REAR YARD VARIANCE SOUGHT: The project proposes to demolish and rebuild a single-story rear addition, which already encroaches into the rear yard. The new rear addition would be larger that the existing addition by 44 square feet. The new addition would have a peaked roof of approximately 13 feet in height. The addition would be 7.5 feet from the rear property line - the same as the existing rear yard depth.
Planning Code Section 242(e)2 requires a rear yard of 35% of the total depth of the lot on which the building is located, or 24.5 feet for the subject property. The existing building has a rear yard of 7.5 feet.
14. 2003.0116V: 341 ARKANSAS STREET, east side of Arkansas Street, between 18th and 19th Streets; Lot 024 in Assessor's Block 4035, in an RH-2 (House, Two Family) Zoning District and in a 40-X Height and Bulk District. The proposal is to add a second dwelling unit to the existing single-family house. The proposal results in the addition of two floors to house the new dwelling unit. The proposed second floor is 910 square feet and consists of a kitchen, a living room, a dining room, two bedrooms and a bathroom. The new third floor is 455 square feet and proposes one bedroom and one bathroom.
Parking Variance Sought: The proposal to create a second dwelling unit is permitted per the RH-2 Zoning District however, the proposal does not include the required off-street parking space for the new unit. Therefore, a parking variance is required to construct the second dwelling unit without providing the second off-street parking space.
Planning Code Section 151 requires one off-street parking space for each dwelling unit. The existing garage provides one off-street parking space for the existing dwelling unit. The proposal to construct a second dwelling unit requires a second off-street parking space. The proposal to add a second dwelling unit without providing the required parking space requires a parking variance.
At this time, members of the public may address the Zoning Administrator on items of interest to the public that are within the subject matter jurisdiction of the Zoning Administrator except agenda items. With respect to agenda items, your opportunity to address the Zoning Administrator will be afforded when the item is reached in the meeting. Each member of the public may address the Zoning Administrator for up to three minutes.
The Zoning Administrator will not take action on any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the Zoning Administrator may:
(1) respond to statements made or questions posed by members of the public; or
(2) request staff to report back on a matter at a subsequent meeting; or
(3) direct staff to place the item on a future agenda. (Government Code Section 54954.2(a))