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Seal of the City and County of San Francisco
City and County of San Francisco
October 30, 2002

Planning Department
City and County of San Francisco
Notice of Hearing on Application
For Zoning Variance


          PLANNING DEPARTMENT
          CITY AND COUNTY OF
          SAN FRANCISCO

          Notice of Hearing on Application
          For Zoning Variance

          CITY HALL - Room 416
          1 Dr. Carlton B. Goodlett Place

          Wednesday, October 30, 2002

          Session Begins at 9:30 A.M.


          Public Hearing



          Lawrence B. Badiner, Zoning Administrator



          Thomas Wang, Variance Coordinator
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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ZONING ADMINISTRATOR
          NOTICE OF HEARING ON
          APPLICATION FOR ZONING VARIANCE


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, October 30, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 416 as follows:


9:30 A.M.

(GLENN CABREROS)

1.          2002.0930V:           5640-5650 FULTON STREET, northeast corner of Fulton Street and 33rd Avenue, Lot 004 in Assessor's Block 1675 in an RH-2 (Residential, House District, Two-Family) District and a 40﷓X Height and Bulk District.
          
MINIMUM LOT AREA, REAR YARD AND OPEN SPACE VARIANCES SOUGHT: The subject property consists of two abutting, three-story, two-unit buildings on one lot, 25 feet deep by 95 feet wide. The existing structure on the western portion of the lot is approximately 25 feet deep by 40 feet long, and the easternmost structure is 25 feet by 44 feet long. The proposal is to split the lot between the two buildings resulting in two separate lots. No construction is proposed.

Section 121(e) of the Planning Code requires that the minimum lot area for any lot having its street frontage entirely within 125 feet of the intersection of two streets shall be 1,750 square feet. The subject lot is 2,375 square feet in area. The proposal will produce one lot (westernmost) of approximately 1,260 square feet in area and the easternmost lot to approximately 1,115 square feet in area.

Section 134 (a)(2) requires that the rear yard in an RH-2 District be equal to 45% of the total depth of the lot on which the building is situated, or the average of the two adjacent rear yards but in no case less than 25% of the lot depth or 15 feet whichever is greater. The required rear yard for each of the proposed lots would be 15 feet. The two existing structures were originally built without a rear yard and are legally noncomplying. The proposal would produce two lots each having a noncomplying building without a rear yard.


Section 135 requires that useable open space be provided for each dwelling unit in an R District. In RH-2 Districts, the useable open space requirement is 125 square feet of private useable open space per unit or 166 square feet of common useable open space per unit. The existing buildings were built without open space and are legally noncomplying with regard to open space. The proposal does not call for the creation of new useable open space.


(KAYE SIMONSON)

2.          2002.0604V:          1261 LOMBARD STREET, south side between Larkin and Polk Streets; Lot 25 in Assessor's Block 501 in an RH﷓2 (House, 2-Family) District and a 40﷓X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a vertical addition to a legally non-complying two-story structure containing a dwelling unit and located at the rear of the property in the required rear yard. The addition will be set back approximately 7 feet 6 inches from the existing front facade of the building. A balcony is proposed that will project approximately 6 feet 6 inches from the north (front) facade.

Section 134 of the Planning Code requires that the rear yard be equal to 45% of the lot depth, or the average of the adjacent properties, but in no case less than 25% of the lot depth. In this case, the required rear yard is 34 feet 5 inches (25% of the lot depth), and is measured between the building at the front of the site and the house in the rear yard. The dimension of the existing yard between the buildings is approximately 32 feet 8 inches at the closest point. The new floor would be set back approximately 40 feet from the front building, but the new balcony would encroach into the required rear yard.

Section 188 of the Planning Code prohibits the intensification of a legally non-complying structure. Because the entire subject building already occupies the rear yard, its expansion would be contrary to Section 188.


                                                                                                              (DARIO JONES)

3.          2002.0593V          698 PARIS STREET, northeast side of Paris Street at the intersection of Paris and Italy; Lot 023 in Assessor’s Block 6345 in an RH-1 (Residential, House, Single-Family) District.

MINIMUM LOT AREA VARIANCE: The proposal is to subdivide the existing 3,087 square foot corner lot. The resulting new lot would front on Italy Street and would have a lot area of 1,375 square feet. The existing lot (698 Paris Street) would have a lot area of 1,750 square feet. The resulting new lot would not meet the minimum lot area requirement.

Section 121(e) of the Planning Code requires a minimum lot size of 1,750 square feet within 125 feet of an intersection.


                                                                                                              (DARIO JONES)

4.          2002.0881V          53 WESTWOOD DRIVE, west side of Westwood Drive between Elmwood Way and Wildwood Way; Lot 011 in Assessor's Block 3174 in an RH-1 (D) (Detached, House, One-Family) District.

REAR YARD VARIANCE SOUGHT: The proposal is for the reconstruction and enlargement of a non-complying one-story rear addition to the existing one-story, single-family dwelling.

Section 134(c) of the Planning Code requires a minimum rear yard of 23.75 feet for the subject property, measured from the rear property line. As proposed the rear extension would encroach 3.75 feet into the required rear yard.

Section 188 of the Planning Code does not permit the expansion of a noncomplying structure. The existing building, which already encroaches into the required rear setback, is considered a legal, noncomplying structure. Therefore, the proposed project would be contrary to Section 188.


                                                                                                    (RICHARD CRAWFORD)

5.          2002.0899V:          172 YERBA BUENA AVENUE, on the southwest side of Yerba Buena Avenue between Maywood and San Pablo Avenues, Assessor's Block 3078 Lot 009; in a RH-1 (D) (Residential House One Family Detached Dwellings) District and within the 40-X Height and Bulk District.

Side Yard Variance Sought: The proposal is to modify the stairway on the easterly side of the building as part of a larger project that includes a three story addition to the rear of the dwelling. The stair would be raised up one story to serve a new door and extended 14.5 feet to the rear. The modified stairway would place additional construction within the required side yard.

Planning Code Section 188 prohibits the expansion of a noncomplying structure in a manner that increases the structure's degree of noncompliance. The existing structure does not comply with the side yard requirement of Planning Code Section 133, and the proposed addition will increase the amount of building within the required rear yard.



                                                                                                              (SARA VELLVE)

6.          2002.0837V          114 SUSSEX STREET, north side between Diamond and Conrad Streets; Lot 010 in Assessor's Block 6712 in an RH-1 (House, One Family) District and 40-X Height/Bulk District.

REAR YARD VARIANCE SOUGHT: A request to reconstruct and add a second floor to the existing non-complying garage structure in the required rear yard of a single-family dwelling. The proposed structure would be a 21' x 27' garage and second floor office with a height of approximately 20'.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 26 feet for the subject property, measured from the rear property line. The proposed structure would extend to the rear property line and encroach into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the expansion as proposed would be contrary to Section 188.


(SARA VELLVE)

7.          2002.0920V          87 CASELLI AVENUE, south side between Douglass and Yukon Streets; Lot 050 in Assessor's Block 2700 in an RH-2 (House, Two Family) District and 40-X Height/Bulk District.

REAR YARD VARIANCE SOUGHT: A request to construct a deck and stairs within the required rear yard of the existing non-complying, two-family dwelling. The proposed deck would be 7 feet above grade at the third story of the structure and approximately 13 feet wide and 21 feet deep.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 43 feet for the subject property, measured from the rear property line. The existing structure extends to within 31 feet of the property line. The proposed structure would extend to within 10 feet of the rear property line and encroach into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the expansion as proposed would be contrary to Section 188.



(TINA TAM)

8.          2002.1014V          20 MOUNTAIN SPRING AVENUE, north side between Twin Peaks Blvd and Glenbrook, Lot 009 in Assessor's Block 2706 in an RH-1-D (Residential, House, Single-Family, Detached) District.

SIDE YARD VARIANCE SOUGHT: The proposal is to allow construction of a windscreen for an existing deck on top of a carport/garage structure. The windscreen measures approximately 16 feet from grade and is located in the required side yard.

Section 133 of the Planning Code requires a minimum interior side yard of three feet. The proposed windscreen would extend to one foot to the interior side property line to the west (encroaching two feet into the required side yard).



                                                                                                              (DANIEL SIROIS)

9.          2002.0869V          1499 MASONIC AVENUE, west side of Masonic Avenue, between Piedmont and Frederick, Lot 007, Assessor's Block 1270 located in an RH-2 District (Residential, House, Two-Family) District and in a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a horizontal addition to the rear of the existing building that includes a two-story extension, the replacement of the existing deck with a new larger deck, and the installation of a new deck and hot-tub on the roof of the existing projection at the rear.

Planning Code Section 136 (c) 25 permits 12-foot projections into the required rear yard provided that; 1) the projection be no taller than two stories, 2) five-foot side yards (minimum) measured from both side property lines are provided and; 3) the projection does not encroach within the last 25 percent of the lot measured from the rear lot line. Under Planning Code Section 136 decks under three feet are permitted anywhere within the rear yard and side yards.

The Zoning Administrator's Interpretation of Planning Code Section 136 (c) 25 states that any pre-existing obstruction within the five-foot side yard would have to be removed before a12-foot extension could be built or increased in size without a variance.

The proposed rear extension and new decks require a variance because; 1) the legal non-conforming rear projection encroaches within the required five-foot side setback at the north property line; 2) the proposed hot-tub on the roof of the legal non-complying rear projection partially encroaches within the required five-foot side yard at the north property line; 3) the proposed deck/planter encroaches within the required five-foot setback at the south property line; 4) the proposed deck partially encroaches within the last 25 percent of the lot at the rear and; 5) the stairs partially encroach within the last 25 percent of the lot at the rear.


                                                                      (ADAM S. LIGHT)

10.          2002.0898V          1050 FILBERT STREET, north side of street between Jones and Leavenworth Streets; Lot 13 in Assessor's Block 93 in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCE SOUGHT: The proposal is to enlarge an existing legally non-conforming two-story single-family house located in the rear portion of the subject lot. The proposed project would expand the existing building horizontally on the north, south and west sides, and would add a partial third story. The horizontal expansions would effectively build the existing structure out to the rear and side property lines and expand it several feet toward the front of the property as well.

                              Planning Code Section 134 requires a rear yard equaling 45% of the lot depth. The subject lot is 137 feet and 7.5 inches deep, resulting in a required rear yard of 61 feet and 11 inches. The existing single-family house exists entirely within the rear yard several feet beyond the required rear yard line, therefore requiring a rear yard variance for any expansion of the existing structure.

                              Planning Code Section 188(a) allows for the expansion of a legally non-conforming structure provided that there is no increase in any discrepancy, or any new discrepancy, at any level of the structure, between existing conditions on the lot and the required standards for new construction set forth in the Planning Code. The proposed project would increase the existing discrepancies by further expanding the building within the required rear yard.


(SUSAN SNYDER)

11.           2002.0591V:          79 COLERIDGE STREET on the east side of Coleridge Street, between Fair and Esmeralda Avenues; Lot 23 in Assessor's Block 5610A, RH-2 (Residential, House, Two-Family) District, in the Bernal Heights Special Use District.


                              PARKING VARIANCE SOUGHT: The proposal is to legalize a second dwelling unit on the first floor of the existing two-story building without providing an off-street parking space.

                              Section 242(e)(4) of the Planning Code requires one parking space per dwelling unit. The existing building does not provide off-street parking for either unit.


(DAN SIDER)

12.           2002.0875V:          379 PARK STREET, north side, between Andover Street and Holly Park Circle; Lot 010 in Assessor’s Block 5717, in an RH-2 (Residential, House, Two-Family) Zoning District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.

                              FRONT SETBACK AND OFF-STREET PARKING VARIANCES SOUGHT: The proposal is to (1) construct a rear addition on the first and second levels, (2) construct a partial third floor, (3) enclose a portion of the front entry to the house, (4) construct a chimney and parapet wall above the existing second floor at the front of the property, and (5) perform interior alterations. The project would result in the creation of a second dwelling unit.

                              Section 132 of the Planning Code requires that all properties in an RH-2 Zoning District provide a front setback equal to the average of the front setbacks of the two adjacent properties. The required front setback for the subject property is thus 4 feet. The existing structure is built without any front setback and accordingly is non-complying. Planning Code Section 188(a) prohibits the intensification of a non-complying structure. The proposal calls for the construction of a solid 3.5 foot-high parapet wall along the front building wall on the proposed third level, a partial  fill-in' of an existing entry alcove on the ground level, and the installation of a chimney. All of these elements would occur within the required front setback.

                              Planning Code Section 242(e)(4) requires that within the Bernal Height Special Use District, when more than 200 usable square feet are proposed, 3 off-street parking spaces shall be provided for properties with a total of 2,251 to 2,850 square feet of usable floor area. The proposal calls for an addition of 1,488 square feet for a total of 2,728 usable square feet and only two off-street parking spaces.

          (BEN FU)

13.           2002.0938V:          475 GATES STREET, east side, between Jarboe Avenue and Tompkins Avenue; Lot 020 in Assessor’s Block 5703, in a RH-1 (Residential, Single-Family House) District in the Bernal Heights Special Use District with a 40-X Height and Bulk designation.

                              REAR YARD VARIANCE SOUGHT: The proposal is to reconstruct an open rear stair and landing that intrude into the rear yard. The reconstruction would also require property line fire walls.

                              Planning Code Section 242 requires that in RH-1Districts, all lots that have a depth of 70 feet or less must provide a minimum rear yard of 35% of the total depth of the lot. The subject property is 70'-0 deep. The required rear yard is 24'-6 from the rear lot line to the rear building wall. The existing rear building wall intrudes 12'-6 into the required rear yard. The existing stair and landing intrudes approximately an additional 5'-1 into the required rear yard, leaving a rear yard of 6'-11 . The proposed stair and landing encroaches 6'-10 into the required rear yard, leaving a rear yard of 5'-2 . The proposed stair and landing would extend from the second floor to grade at the rear. The existing structure is non-complying.




          (JON PURVIS)


14.           2002.0916V:          8 JURI ALLEY & 3625 25TH STREET, between Guerrero Street and San Jose Avenue; Lot 33 in Assessor's Block 6532; in an RH-3 (Residential, House, Three-Family) District with a 40-X Height and Bulk designation.

                              LOT SIZE AND REAR YARD VARIANCES SOUGHT: The proposal is to split an existing 3,710 square-foot lot into two lots. The existing lot is a through lot from Juri Alley to 25th Street and contains a single-family dwelling fronting on Juri Alley. The new Juri Alley lot would be 1,722 square feet and would have a 12-foot rear yard for the existing building. The new lot fronting on 25th Street would be 1,988 square feet and would be developed with a new two-unit building which would have a 13-foot rear yard.

                              Planning Code Section 121(e) sets a minimum lot size of 2,500 square feet for all lots that are more than 125 feet from the nearest intersection. The proposed new lots would be 1,722 and 1,988 square feet.

                              Planning Code Section 134(a)(2) requires a rear yard of 45 percent of the lot depth, subject to reduction based on conditions on adjacent properties, to a minimum depth of 25 percent provided the rearmost 10 feet of building depth thus permitted shall be limited to a height of 30 feet. The Juri Alley lot would have a rear yard of 18 percent (12 feet), and the 25th Street lot would have a rear yard of 17 percent (13 feet). Further, the height of the proposed building on the 25th Street lot would be 40 feet without a reduction in the rear.



(MAT SNYDER)

15.           2002.0833V:          353-355 LEXINGTON STREET, east side between 20th and 21st Streets, Lot 68 in Assessor's Block 3609, in an RM-2 (Residential, Mixed, Moderate Density) District and a 50-X Height and Bulk District.

                              REAR YARD VARIANCE SOUGHT. The project is to make improvements to the rear of the house. Currently, there is an 11-foot porch extension at the rear of the house on the second and third floors. A stair extends an additional seven feet into the rear yard. The proposal would enclose areas at the ground floor and a portion of the second floor immediately under the third floor porch extension that are currently unenclosed, and would reconfigure the stairs so that they would wrap around the rear southeast side of the structure.

                              Planning Code Section 134 requires a 18.75-foot rear yard measured from the rear property line. The building is approximately 11-feet from the rear property-line and includes a rear stair that is approximately 8-feet from the rear property line.

                              Planning Code Section 188 permits the portion of the building that is within the required rear yard to remain as a non-complying structure, but does not allow the portion within the required rear yard to be made larger in volume. Also, while the rear stairs would be allowed to be demolished and reconstructed in the same location, the stairs are not allowed to be reconfigured if portions of the newly reconfigured stairs would be within the required rear yard.



Public Comment:
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))


Adjournment

Last updated: 11/17/2009 10:00:41 PM