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Seal of the City and County of San Francisco
City and County of San Francisco
April 28, 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, April 28, 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.

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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.

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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, April 28, 2004, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(MARY WOODS)

1. 2003.1313V: 3891 - 3893 CLAY STREET, south side between Cherry and Maple Streets; Lot 020 in Assessor's Block 1013, in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

            REAR YARD SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to replace the rear three-story exterior staircase on the east side of the building with a new four-story spiral staircase with a property line one-hour fire rated wall extending to the fourth floor.

            Section 134 of the Planning Code requires that the rear yard in an RH-1 District be equal to 25 percent of the lot depth, but in no case less than 15 feet. In this instance, the required rear yard would be approximately 26 feet. The existing rear yard measures (from the rear lot line) approximately 24 feet to the rear façade of the building, and approximately 10 feet to the existing staircase. The proposed spiral staircase and one-hour fire wall would be approximately 6 feet from the rear lot line.

            Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building already encroaches into the required rear yard, it is considered a legal, non-complying structure. The proposal is considered to be an expansion and intensification of a non-complying structure.

                      (MICHAEL SMITH)

2. 2004.0102V: 44 CONRAD STREET, west side between Diamond and Arbor Streets; Lot 005 in Assessor's Block 7552 in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

            FRONT SETBACK VARIANCE: The proposal is to construct a second floor deck at the front of the recently approved addition. The deck would measure 5-feet in depth, 15-feet in width, and 12-feet in height above the surface below. Because the deck would encroach into the required front setback its size is regulated by Section 136 of the Code which restricts the deck to 3-feet in depth and 9-feet in width with a minimum of 7½ -feet of clearance beneath. The deck does not comply with these requirements and is the only portion of the project that is subject to the front setback variance.

            Section 132 of the Planning Code requires a minimum front setback of approximately 9'-9" for the subject property, measured from the front property line. The proposed deck would extend to within approximately 5-feet of the front property line encroaching 4'-6" into the required front setback.

                      (DANIEL SIROIS)

3. 2003.1244V: 50 ROCKWOOD COURT, north side, Lot 025 in Assessor's Block 2936A, located in an RH-1(D) (Residential, House, One-Family Detached) District and in a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to construct a one-story horizontal addition to the rear of the existing single-family dwelling.

            Planning Code Section 134 requires a rear yard equal to 25 percent of the lot depth. The subject lot has an average depth of 83.5 feet and therefore requires a rear yard depth of 21 feet. The proposed addition, which is not parallel to the rear property line, encroaches into the rear yard by a minimum of 5.5 feet and a maximum of 7 feet. In order to construct the proposed addition, a rear yard variance must be justified pursuant to the criteria set forth in Planning Code Section 305.

                      (DANIEL SIROIS)

4. 2004.0056V: 716 SANCHEZ STREET, west side, between 20th & Liberty Streets, Lot 004 in Assessor's Block 3604, located in an RH-1 (Residential, House, One-Family) District, in a 40-X Height and Bulk District and in the Dolores Heights Special Use District.

            REAR YARD VARIANCE SOUGHT: The proposal is to construct a staircase that would provide access from a new roof deck, one-story down to the rear yard. The proposed stairs are a building code requirement triggered by a proposed roof deck on the rear portion of the existing house.

            Planning Code Section 241 (a) requires a minimum rear yard depth equal to 45 percent of the lot's depth, or 25 feet which ever is greater. The subject property's required rear yard depth is 36 feet. The existing building currently encroaches 10.5 feet into the required rear yard. The proposed staircase would project an additional 12 feet into the rear yard. In order to construct the proposed stairs, a rear yard variance must be justified pursuant to the criteria set forth in Planning Code Section 305.

                      (DARIO JONES)

5. 2003.1212V: 860 ELIZABETH STREET, north side between Douglass and Hoffman Streets; Lot 019 in Assessor's Block 2806 in an RH-2 (Residential, House, Two-Family) District.

            FRONT SETBACK VARIANCE SOUGHT: The proposal is for the removal of the existing landscaping and for the construction of a driveway, parking pad with screening to allow a motor vehicle to park in the required front setback area.

            Section 132 of the Planning Code requires an open and unobstructed front setback of approximately 15 feet. The requested parking space encroaches entirely into the front setback area.

            Section 132(f) does not allow for motor vehicles to be parked or stored within the required front setback.

                      (DARIO JONES)

6. 2004.0123V: 125 PINEHURST WAY, west side between Kenwood Way and Upland Drive; Lot 009 in Assessor's Block 3271 in an RH-1 (D) (Residential House, One-Family, Detached) District and a 40-X Height and Bulk District.

            REAR VARIANCE SOUGHT: The proposal is to construct a new third-story for the existing two-story, single-family dwelling.

            Section 134 of the Planning Code requires a rear yard of 17.9 feet for the subject lot, measured from the rear property line. The proposed third-story will encroach approximately three feet into the required rear yard.

            Section 188 of the Planning Code does not permit the expansion of a noncomplying structure. The existing dwelling, which already encroaches three feet into the required rear yard, is considered a legal, noncomplying structure. Therefore, the proposal to construct a new third-story would be contrary to Section 188.

                      (RICK CRAWFORD)

7. 2004.0057V: 643 MADRID STREET, east side between France and Russia Avenues, Assessor's Block 6276 Lot 035; in a RH-1 (Residential House One Family) District, and within the 40-X Height and Bulk District.

            Front Setback Variance Sought: The proposal is to construct a third story addition to the existing two story building.

            Planning Code Section 132 requires the proposed third story to be setback 10 feet 5 inches from the front property line. The proposed third story will only be setback 2 feet 5 inches from the front property line.

            (MARK LUELLEN)

8. 2003.1152V: 329 BAY STREET, south side between Powell and Mason Streets; Lot 036 in Assessor's Block 041 in a C-2 (Community Business) District and in the Northern Waterfront Special Use District No. 2 and a 40-X Height and Bulk District.

          REAR YARD VARIANCE SOUGHT: The project site contains an existing one-story building with 8,550 square feet of retail use. The project would demolish the existing building and construct a new four-story building approximately 40' high containing 21 dwelling units and 3,100 square feet of retail space. Twenty-one parking spaces would be located below grade. The ground floor would include the entrance to 20 units on floors 2 thru 4, one walk-up unit, the entrance to the basement-parking garage and commercial space fronting Bay Street. Vehicular access to the project would be from Vandewater Street.

            Planning Code Section 134(a)(1) requires that a building which contains dwellings in the C-2 District have a minimum rear yard depth equal to 25 percent of the lot depth but not less than 15 feet. The required rear yard is 30 feet at the first residential level of the Proposed Project. The project site is a through lot running from Bay Street to Vandewater Street

            (MICHAEL LI)

9. 2004.0304V: 380-386 ELLIS STREET, north side between Jones and Taylor Streets; Lot 011 in Assessor's Block 0324 in an RC-4 (Residential-Commercial Combined, High-Density) District, the North of Market Residential Special Use District Subarea No. 2, and an 80-130-T Height and Bulk District.

          OFF-STREET PARKING VARIANCE SOUGHT: The project is the modification of a previously approved proposal (Case No. 2001.0283EKCV) for the demolition of an existing one-story commercial building and the construction of an 80-foot-high, eight-story building containing religious, educational, and group housing uses.

          Section 151 of the Planning Code requires a total of 19 off-street parking spaces (18 spaces for the group housing units and one space for the educational institution). The original project provided a total of eight off-street parking spaces, and the modified project is proposing to provide zero spaces.

                      (WINSLOW HASTIE)

10. 2003.1239V: 12 PROSPECT AVENUE, west side between Coso and Esmeralda Avenues; Lot 007 in Assessor's Block 5610, in an RH-2 (House, Two-Family) District, Bernal Heights Special Use District, and 40-X Height and Bulk District.

          REAR YARD VARIANCE SOUGHT: The proposed project involves the construction of enclosed stairs at the rear of the property and the expansion of the existing deck to form the roof of a parking structure over an existing parking pad to the rear property line. The subject property sits on a through lot with auto access at the rear from Lundy's Lane.

          Planning Code Section 242(e)(2)(B), states the rear yard requirement in an RH-2 zoning district shall be equal to 45 percent of the total lot depth. Section 242(e)(2)(c)(ii) of the Planning Code allows any part of a front setback exceeding five feet to be subtracted from the required rear yard. Applying 5 feet, 8 inches from the front setback, the required rear yard for the subject property is 25 feet, 10 inches. The proposed new deck over the carport will encroach into the rear yard to the rear property line.

          Planning Code Section 134 prohibits parking in the required rear yard; this variance would also allow two off-street parking spaces to be located within the rear yard.

(MAT SNYDER)

11. 2004.0023V: 1785- 1787 ALABAMA STREET, northeast corner of Alabama and Ripley Streets, Lot 14 in Assessor's Block 5541 in an RH-2 (House, Two-family) District, in the Bernal Heights Special Use District and a 40-X Height and Bulk District.

          REAR YARD VARIANCE SOUGHT: The proposal is to demolish an existing legally non-complying garage that is located within the required rear yard and accessed from Ripley Street, and construct a new garage that would be within the exact same building envelope. The new garage would be 25-feet deep measured from Ripley Street, and 17.5 feet wide and about 10-feet tall. The new garage would feature two garage doors instead of one and would provide two parking spaces instead of one. The curb cut would be slightly reconfigured and narrowed.

          Planning Code Section 242(e)(2)(B) requires a 36-feet deep rear yard measured from the rear property-line (the property-line perpendicular to Ripley Street). The proposed garage would be within the last 17.5-feet of the required rear yard.

          Planning Code Section 188(b), does not allow a legal non-complying building to be replaced if voluntarily demolished except within full conformity of the Planning Code.

(MAT SNYDER)

12. 2003.1245V: 968 YORK STREET, west side between 21st Street and 22nd Streets, Lot 11 in Assessor's Block 4144, in an RH-2 (House, Two-family) District, and a 40-X Height and Bulk District.

          REAR YARD AND PARKING VARIANCE SOUGHT: The project is to legalize the existing ground floor dwelling, to demolish the existing porch structure at the rear, and to build a new rear addition that would generally fit within the same building envelope of the existing porch structure with the gabled roof extended to the rear of the building. The project entails providing an additional tandem parking space in-lieu of the required independently accessible parking space. The new rear addition would be about 7.5-feet deep, 25-feet wide, and would extend the roof gable to the rear of the building above the proposed addition (about 24-feet tall measured to the pitched roof midpoint).

          Planning Code Section 151 requires one independently accessible parking space for each dwelling unit. The proposal is to expand the garage to allow two non-independently accessible parking spaces.

          Planning Code Section 134(c)(1) requires a 34-foot rear yard measured from the rear property-line. The proposal is to build a rear addition that would extend approximately two-feet into 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 10:00:42 PM