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February 25, 2004PLANNING DEPARTMENT
CITY AND COUNTY OF
SAN FRANCISCO

Notice of Hearing on Application
For Zoning Variance

CITY HALL - Room 408
1 Dr. Carlton B. Goodlett Place

Wednesday, February 25, 2004

Session Begins at 9:30 A.M.

    Public Hearing

Craig Nikitas, 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.

Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408, Fourth Floor, San Francisco, CA. The closest accessible BART Station is the Civic Center Station located at the intersection of Market, Hyde and Grove Streets. Accessible curb side 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. American sign language interpreters and/or a sound enhancement system will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 72 hours prior to a hearing. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 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.

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: 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.

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 Donna Hall, Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at Donna_Hall@ci.sf.ca.us.

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin.. Code 16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/.

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, February 25, 2004, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(GLENN CABREROS)

1. 2003.0981V: 3220 BAKER STREET, east side between Bay and Francisco Streets, Lot 023 in Assessor's Block 0926 in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is for the construction of 6-foot deep by 10-foot wide by 11-foot tall deck (open below) at the level of the second story of the existing single-family residence. The existing rear yard is 24 feet deep.

            Section 134 of the Planning Code requires a rear yard area in an RH-1 Zoning District to be equivalent to 25 percent of the total lot depth. The required rear yard is 23 feet 5 inches. The proposed deck would be entirely within the rear yard.

(GLENN CABREROS)

2. 2003.1032V: 1358-1360 16TH AVENUE, east side between Irving and Judah Streets, Lot 032A in Assessor's Block 1770 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to remove the existing rear exit stairs along the north side of the building and to construct an approximately 12-foot deep by 16.5-foot wide by 20-foot tall structure (containing stairs, decks and a hydraulic lift) at the rear of the existing two-unit residence. The existing rear yard is 52 feet deep. The proposed rear yard to the face of the proposed structure is 40 feet.

            Section 134 of the Planning Code requires a rear yard area in an RH-2 Zoning District to be equivalent to 45 percent of the total lot depth or when using averaging, no less than 25 percent or 15 feet whichever is greater. Per averaging, the required rear yard is approximately 50 feet 8 inches.

(ELAINE TOPE)

3. 2003.1031V: 700 - 23RD AVENUE, southeast corner at Cabrillo Street; Lot 051 in Assessor's Block 1665 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to laterally expand the existing second-level at the rear of the single-family dwelling and to construct a second-level deck with stairs leading to grade. A portion of the deck and stairs would be within the required rear yard.

            Section 134 of the Planning Code requires a rear yard in an RH-2 District to be equivalent to 45 percent of the total lot depth, or when using the average of the two adjacent rear yards, not less than 25 percent of the total lot depth or 15 feet, whichever is greater. The subject lot depth is 82.5 feet and, with averaging, the required rear yard is 22 feet. Although a portion of the proposed deck and stairs could extend into the required rear yard as a permitted obstruction, a 5.5-foot deep portion of the 7-foot deep deck and stairs would be within the required rear yard.

(ELAINE TOPE)

4. 2003.1130V: 351 - 4TH AVENUE, westside between Clement Street and Geary Boulevard; Lot 009 in Assessor's Block 1436, in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

            FRONT SETBACK AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to reconfigure the existing front entry and stairs by constructing a 5-foot by 29-foot addition within the front setback of the Congregation Magain David Sephardim Synagogue.

            Section 132 of the Planning Code requires a minimum front setback equal to the average of the front setbacks of the two adjacent buildings. The required front setback for the subject property is 8 feet.

            Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building encroaches into the required front setback area, it is considered a legal non-complying structure. The proposed project is considered to be an expansion and intensification of a non-complying structure and therefore the project as proposed, requires a variance from Section 188.

(DAN DIBARTOLO)

5. 2003.1090V: 2530 CLAY STREET, north side between Fillmore and Steiner Streets; Lot 009 in Assessor's Block 0611, in an RH-2 (Residential, House, 2-Family) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to construct horizontal and vertical extensions at the rear of the two-story single-family dwelling. The project proposes: (1) a two-story horizontal extension at the rear portion of the building to match the width existing at the front portion of the building; and, (2) a one-story addition built atop the existing one-story rear extension, to the west property line.

            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 or 15 feet, whichever is greater. In this case, the required rear yard would be 42'-3".

            Section 136 (c)(25) of the Planning Code provides that a rear building extension, considered as a permitted obstruction, that is one story in height, is allowed to extend 12 feet into the required rear yard, provided it does not occupy the rear 25 % depth of the lot, while a two-story rear extension can be no closer than five feet to any interior side lot line. The existing enclosed one-story rear building extension is a Code-compliant permitted obstruction and extends approximately 11'-4" into the rear yard open area. The one-story addition atop this extension would be contrary to Section 136 (c)(25) in that there would be no five foot side yard provided at both stories.

(DAN DIBARTOLO)

6. 2003.1175V: 421-423 LYON STREET, west side between Hayes and Grove Streets, Lot 003 in Assessor's Block 1198, in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to rebuild the existing rear decks and egress stairs within the required rear yard of this two-family dwelling. The proposed project will slightly expand the 2nd story deck while reducing the overall ground footprint upon the lot by increasing the side setback from two to five feet at both side property lines. The existing and proposed decking with stairs encroaches approximately 11 feet into the 28'-2" required rear yard.

            Section 134 of the Planning Code requires a rear yard in an RH-3 District to be equivalent to 45 percent of total lot depth, or when using the average of the two adjacent rear yards, no less than 25 percent of the total lot depth or 15 feet, whichever is greater. With averaging, the required rear yard of the subject property is 28'-2".

(TINA TAM)

7. 2003.1053V 1385 HOLLOWAY AVENUE, southeast corner of Holloway Avenue and Beverly Street, Lot 46 in Assessor's Block 6998 in an RH-1(D) (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to expand an existing legal noncomplying one-car garage structure located entirely in the required rear yards, also the south property line. The proposed expansion will result in a garage structure for two cars.

            Section 134 of the Planning Code requires a minimum rear yard of 28 feet nine inches, measured from the rear property line. The existing rear setback for the one-car garage is 12 feet six inches. The proposed extension would extend to zero feet of the rear property line, encroaching 12 feet six inches into the required rear yard.

            Section 188 of the Planning Code does not permit the expansion of a noncomplying structure. The subject one-car garage structure is considered a legal noncomplying structure because the existing building encroaches into the required rear and side yards. Therefore, the proposed expansion of the subject noncomplying structure would be contrary to Section 188 and would require a Variance.

                      (RICK CRAWFORD)

8. 2003.1023V: 62 EASTWOOD DRIVE, on the east side between Wildwood and San Ramon Ways, Assessor's Block 3177 Lot 024; in an RH- 1(D) (Residential, House, One Family, Detached) District and within the 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to legalize a one story rear addition to a one story, single family dwelling. The addition extends 22 feet 2 inches back from the main building. Planning Code Section 241 requires a 35 foot 9 inch rear yard where a 13 foot 7 inch rear yard will be provided. Construction of the addition began without permits and is subject to a code enforcement action by the Department of Building Inspection.

                      (RICK CRAWFORD)

9. 2003.1192V: 231 ORTEGA STREET, on the south side between 9th and 10th Avenues, Assessor's Block 2125, Lot 001F; in an RH-1 (Residential, House, One Family) District and within the 40-X Height and Bulk District.

            FRONT YARD VARIANCE SOUGHT: The proposal is to construct a three story addition to the front of the existing two story building.

            Planning Code Section 241 requires a 7 foot front yard setback where a zero (0) foot front yard setback will be provided. The Project will extend the existing building to the front, rear, and west side and add a new third story.

                      (TOM WANG)

10. 2003.1088V: 30 SAN RAFAEL WAY, west side between St. Francis and Monterey Boulevards; Lot 003 in Assessor's Block 3098 in an RH-1 (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to demolish an existing detached garage on the southwest corner of the lot and replace it with a new garage at the same location.

            Section 134(a)(1) of the Planning Code requires a rear yard of 20 feet 7 inches, measured from the mid-point of the rear property line, for the subject property. The proposed new garage would extend to the rear property line and encroach into the required rear yard.

            Section 188 of the Planning Code prohibits the enlargement, alteration or reconstruction of a noncomplying structure. Since the existing garage already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed new garage to replace the existing one would result in the reconstruction of a noncomplying structure.

                      (DANIEL SIROIS)

11. 2003.1195V: 15 MONCADA WAY, west side, between Cerritos Avenue & Urbano Drive, Lot 002, Assessor's Block 6912, located in an RH-1(D) (Residential, Single-Family, Detached) District and in a 40-X Height and Bulk District.

            SIDE YARD VARIANCE SOUGHT: The proposal is to construct a two-story horizontal addition at the front of the property.

            Planning Code Section 133 requires a five-foot side yard on both sides of a property in an RH-1(D) District for all portions of the property that exceed 50 feet in width. Section 130(e) allows an encroachment of two feet into the required five-foot side yard if the building wall is not parallel to the side property line, and provided that a compensating larger side yard is maintained along the remaining portion of the property. In this case the compensating side yard is maintained on the lot but the proposed horizontal expansion to the front encroaches a maximum of four feet into the required five-foot side yard-two feet more than what is allowed under the Planning Code. A variance would be required to build up to four feet into the required side yard as proposed.

            REAR YARD VARIANCE SOUGHT: The proposal also includes the construction of a new two-car garage at the rear of the property.

            Planning Code Section 134 requires a rear yard equal to 25 percent of the lot depth. In this case the required rear yard is 26 feet and the proposed garage addition encroaches 19-feet into the required rear yard. A variance would be required to allow the construction of the proposed two-car garage.

                      (DARIO JONES)

12. 2003.1143V: 159 DELMAR STREET, west side between Frederick and Piedmont Streets; Lot 050 in Assessor's Block 1270 in an RH-2 (Residential, House, Two-Family) District.

            REAR YARD VARIANCE SOUGHT: The proposal is for the replacement of a non-complying one-story rear deck for the existing four-story, single-family dwelling.

            Section 134(c) of the Planning Code requires a minimum rear yard of 20 feet for the subject property, measured from the rear property line. The existing rear deck currently encroaches 15 feet into the required rear yard. The proposed replacement would encroach 11.5 feet.

            Section 188 of the Planning Code does not permit alteration of a noncomplying structure in which a discrepancy is increased. Although the proposed rear deck is 3.5 feet shorter in depth, the proposed replacement would be 3 feet wider. Therefore, the proposed project would be contrary to Section 188.

                      (MICHAEL SMITH)

13. 2003.1193V: 329-333 CHURCH STREET, east side of the street between 15th and 16th Streets; Lot 044 in Assessor's Block 3557 in an RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE: The proposal is to construct a deck at the rear of the building. The deck would measure 9'-4" in width, 20'-5" in depth, and 7'-2" in height above grade.

            Section 134 of the Planning Code requires a minimum rear yard depth of approximately 23'-9" for the subject property, measured from the rear property line. The proposed deck would extend to within approximately 10'-5" of the rear property line encroaching 13'-4" into the required rear yard.

            Section 188 of the Planning Code prohibits the intensification or expansion of a noncomplying structure. Because the rear portion of the building including the rear stairs already encroach 7'-8" into the required rear yard, it is considered a legal noncomplying structure. Therefore, the deck addition as proposed would be contrary to Section 188.

    (JIM MILLER)

14. 2003.1092V: 1436 - 1440 VALLEJO STREET, north side between Polk and Larkin Streets, Lots 10 and 2B in Assessor's Block 549, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

            LOT-FRONTAGE, LOT-AREA, REAR-YARD, AND OFF-STREET PARKING VARIANCES SOUGHT: The proposal is for a lot-line adjustment that would re-arrange the two subject lots so that the two residential buildings on Lot 10 will be each on its own lot and that the small, mid-block, land-locked lot (Lot 2B) will become the rear yard of the rear building. In so doing, the front lot (Lot 10) would be reduced in size and a new, larger rear lot would be created. The new front lot would not meet the minimum standards of the Planning Code for lot area or for rear-yard area. The proposed rear lot would not meet minimum Code standards for lot frontage or off-street parking. No new construction is proposed as part of the project.

            Section 121 of the Planning Code requires each newly-created lot to have and maintain frontage on a street or alley from which there shall be vehicular access to such lot and requires mid-block lots to contain a minimum of 2,500 square feet in area. The proposed rear lot would have no street frontage and the proposed front lot would have insufficient lot area (approximately 1,950 square feet).

            Section 134 of the Planning Code requires in an RH-3 District, a rear-yard area equal to the average of the depths of the rear yards of the adjoining buildings, with a minimum yard area of 25 percent of the depth of the lot (and in no case less than 15 feet). The rear yard on the front proposed lot would be less than eight feet eight inches in depth.

            Section 150 of the Planning Code requires for one and two-family dwellings, that the off-street parking provided be on the same lot as the use served. The subject building contains two off-street parking spaces. The proposal is for one space to be deeded to the rear building and for the remaining space to serve the front building. Therefore a Variance is being sought to provide parking for the rear one-family dwelling on another lot (the proposed front lot).

(KATE MCGEE)

15. 2003.1226V: 266-270 14TH STREET, north side of 14th Street, between Mission and South Van Ness Streets; Lot 020 in Assessor's Block 3531, in an C-M (Heavy Commercial) Zoning District and in a 40-X Height and Bulk District. The proposal is to change the use of the building from a live/work use to an assembly and entertainment use (recreation building) per Planning Code Section 221. The use is principally permitted; however, the proposal results in a parking requirement as explained below.

            PARKING VARIANCE SOUGHT: The proposal to change the use of the building without providing the required parking spaces requires a parking variance.

            Planning Code Section 151 requires one off-street parking space for each 200 square feet of occupied floor area, where the floor area exceeds 5,000 square feet. The space devoted to the assembly use is approximately 8,800 square feet, resulting in a parking requirement of 44 spaces. No off-street parking is proposed.

(WINSLOW HASTIE)

16. 2003.1085V: 938 SHOTWELL STREET, west side between 23rd and 24th Streets; Assessor's Block 3641, Lot 50; in an RH-2 (House, Two-Family) District and 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposed project involves the reconstruction of the existing rear deck and stairs to meet safety and Building Code requirements. The new rear deck and stairs would have a revised layout and would feature a required one-hour rated firewall along the southern property line fence.

            Per Section 134 of the Planning Code, the rear yard requirement in an RH-2 Zoning District shall be equal to either 45 percent of the total lot depth or the average between the depths of the rear building walls of the two adjacent buildings, but cannot be less than 25 percent of the lot or 15 feet, whichever is greater.

            Code Section 134(c)(4)(B) allows lots which abut properties that front on another street to measure their rear yard requirement from the one adjacent building that fronts on the same street. Using this measurement method, the rear yard requirement for the subject property would be 50 feet, 6 inches. The existing building, including the rear deck and stairs, extends approximately 22 feet into the required rear yard, while the proposed deck and stairs would extend into the required rear yard approximately 22 feet, 6 inches.

(MAT SNYDER)

17. 2003.1165V: 647-649 MINNA STREET, south side between 7th Street and 8th Street, Lot 74 in Assessor's Block 3727, in an RED (Residential Enclave District), and a 40-X Height and Bulk District.

          PARKING, USABLE OPEN SPACE, AND EXPOSURE VARIANCES SOUGHT: The project is to legalize an existing fifth unit located on the ground floor of a legal four-unit structure without providing an additional parking space. No exterior expansion is proposed.

          Planning Code Section 151 requires one parking space for each dwelling unit. The structure is legally non-complying for parking in that it only provides two parking spaces for four units.

          Planning Code Section 188(a) prohibits the discrepancy between the Code-required parking situation and the actual parking situation to be made greater. By legalizing the ground floor unit without providing parking, the parking discrepancy would be made greater.

          Planning Code Section 135(d) requires 80 square feet of usable open space for each dwelling unit within the RED District when the open space is common. With the fifth unit, 400-sqaure feet of common usable open space would be required. Currently, there is only about 356-square feet of open space.

          Planning Code Section 140 requires that each dwelling unit face a street or alley that is at least 25-feet in width, an area that is at least 25-feet in each dimension, or a rear yard meeting the requirements of the Code. The legalized dwelling unit would face a non-complying rear yard that does not meet the requirements of the Code.

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 10:00:42 PM