May 26, 2004PLANNING DEPARTMENT
CITY AND COUNTY OF
Notice of Hearing on Application
For Zoning Variance
CITY HALL - Room 408
1 Dr. Carlton B. Goodlett Place
Wednesday, MAY 26, 2004
Session Begins at 9:30 A.M.
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/.
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, May 26, 2004, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:
1. 2004.0014V: 2520-2522 GOUGH STREET, east side between Vallejo and Green Streets; Lot 015 in Assessor's Block 0552; within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to legalize a redwood deck constructed without permit in the required rear yard of the three-family dwelling. The existing rear wall of the single-family dwelling extends into the required rear yard and the house is therefore considered noncomplying with respect to the Planning Code.
Section 134 of the Planning Code states that the minimum rear yard depth in an RH-2 District shall be 45% of the total depth of the lot on which the building is situated, but may be reduced to the average of the adjacent rear walls. In no case, however, shall the minimum rear yard be less than 25% of the lot depth or 15 feet, whichever is greater. On the subject lot, the resulting required rear yard is approximately 27 feet. The existing building projects into the required rear yard by approximately 8 feet. The deck proposed to be legalized projects an additional 8 feet into the rear yard from the rear of the 2nd floor of the three-unit structure.
Section 188 of the Planning Code states that no noncomplying structure shall be enlarged or intensified in any way that increases the discrepancy between the current configuration of the structure and the Code requirement. The existing three-family dwelling currently encroaches into the required rear yard by approximately 8 feet. The proposed deck increases the building's nonconformity with respect to the rear yard requirement.
2. 2004.0214V: 2715 STEINER STREET, west side between Vallejo Street and Broadway; Lot 002 in Assessor's Block 0562; within an RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk District.
REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to expand an existing roof dormer into the required rear yard of the subject property. The rear wall of the existing single-family dwelling already extends into the required rear yard and is therefore considered noncomplying with respect to the Planning Code.
Section 134 of the Planning Code states that the minimum rear yard depth in an RH-1 District shall be 25% of the total depth of the lot on which the building is situated or 15 feet, whichever is greater. On the subject lot, this results in a required rear yard of 15 feet. The existing dwelling projects into the required rear yard by 15 feet, fully to the rear lot line. The proposed dormer would project approximately 9 feet into the required rear yard at the roof level.
Section 188 of the Planning Code states that no noncomplying structure shall be enlarged or intensified in any way that increases the discrepancy between the current configuration of the structure and the Code requirement. The existing single-family dwelling currently encroaches into the required rear yard by approximately 15 feet. The proposed dormer expands the usable area of a portion of the noncomplying single-family dwelling and creates a new wall, roof, and floor area in the required rear yard (at the fourth floor level).
3. 2003.1155V: 3022 - 3026 OCTAVIA STREET, east side between Greenwich and Lombard Streets; Lot 008 in Assessor's Block 0505 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 remove the existing exit stair at the rear of the three story over garage, three-family dwelling, and construct a new deck on each level and stairs leading from the top level to grade. A portion of the new stairs would be within the 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 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 100 feet and with averaging, the required rear yard is 42 feet 6 inches. The proposed rear yard is 32 feet, which is 7 feet 6 inches less than existing. Although a portion of the proposed deck and stairs could extend into the required rear yard as a permitted obstruction, the height exceeds the floor level of the second floor of occupancy and is therefore not allowed.
4. 2004.0411V: 363 - 7TH AVENUE, west side between Clement Street and Geary Boulevard,
Lot 52 in Assessor's Block 1439 in an RM-1 (Residential, Mixed, Low
Density) District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:The
proposal is to allow the construction of a one-story garden room approximately
5 feet in width by 9 feet in depth, and a deck 5 feet in width by
3 feet in depth on the second floor at the rear for Unit No. 363 of
an existing three-story, four-unit condominium building.
Section 134 of the Planning Code requires a minimum
rear yard depth of 54 feet measured from the rear property line. The
proposal would be located approximately 40 feet from the rear property
Section 136 (c) (25) of the Planning Code allows a
two-story, twelve-foot extension into the rear yard with a five-foot
side yard on both sides of the structure. The rear portion of the
existing building having more than two stories above grade already
encroaches into the required rear yard.
Section 188 of the Planning Code prohibits the expansion of
a non-complying structure. Because the rear portion of the existing
building already encroaches approximately 3 feet into the required
rear yard and is more than two stories above grade, it is considered
a legal non-complying structure. The proposed garden room and deck
would be contrary to Sections 134, 136 and 188.
5. 2004.0025V 248 LONDON STREET, west side between Brazil and Excelsior Avenues; Lot 011 in Assessor's Block 6014 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to create a second dwelling unit, approximately 800 square feet, occupying the undeveloped ground floor space of the existing two-story, single-family dwelling. The project would alter the use of the subject property from a current single-family dwelling to a two-family dwelling.
Section 151 of the Planning Code requires one full-size, independently accessible off-street parking space for each dwelling unit. The garage at the subject property contains one such required parking space for the existing unit. Although the applicant proposes to add another parking space in the garage to serve the requested second dwelling unit, it would be arranged in a tandem fashion, not independently accessible to and from the street.
6. 2004.0101V 258 - 260 WHITNEY STREET, west side between Fairmount and Miguel Streets; Lot 011A in Assessor's Block 6684 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 construct a second floor deck with a stairway to grade, at the rear of the existing two-story over garage, two-family dwelling.
Section 134(a)(2) of the Planning Code requires a rear yard of 35 feet, measured from the rear property line, for the subject lot. The proposed deck and stairway would extend 12 feet from the existing rear building wall, encroaching 29 feet into the required rear yard.
7. 2004.0026V: 241 MONTALVO AVENUE, north side between Magellan Avenue and Dewey Boulevard; Lot 012J in Assessor's Block 2885 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 13 foot wide by 4.5 foot wide, one story infill addition located on the south side of the existing two-story, single-family dwelling.
Section 134 of the Planning Code requires a minimum rear yard of 15 feet for the subject lot, measured from the rear property line. The proposed one-story, side addition will encroach approximately 11.5 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 11.5 feet into the required rear yard, is considered a legal, noncomplying structure. Therefore, the proposal to construct a new one-story side addition would be contrary to Section 188.
8. 2004.0028V: 85 AND 87 FORD STREET, southeast corner of Noe and Ford Streets, Lot 35 in Assessor's Block 3581 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 expand the existing two-story noncomplying garage/dwelling structure towards the center of the lot. The project proposes to demolish the above grade deck and 7 feet by 8
feet bathroom "pop-out" and construct a new 8-foot building extension on the second floor. The new extension will extend to the full width of the lot (25 feet). The proposal also includes increasing the height of the structure from 25 feet to 26 feet and installing two new dormers on the north elevation (Ford Street).
Section 134 of the Planning Code requires a minimum rear yard of 40 feet, measured from the rear property line. The existing two-story parking/ dwelling structure is located entirely in the required rear yard. The proposed extension would extend approximately 8 feet towards the center of the lot.
Section 188 of the Planning Code does not permit the expansion of a noncomplying structure. The subject two-story parking/dwelling structure is considered a legal noncomplying structure because the existing building encroaches into the required rear yard. Therefore, the proposed expansion of the subject noncomplying structure would be contrary to Section 188 and would require a Variance.
9. 2004.0161V: 443 FOERSTER STREET - west side between Joost St. and Monterey Blvd.; Lot 001 + 002 in Assessor's Block 3094; RH-1 (Residential, House, One-Family) District and 40-X Height/Bulk District.
NON-COMPLYING STRUCTURE VARIANCE SOUGHT: A request to intensify
the use of an existing noncomplying garage structure located within
the required rear yard of the subject property. Miraloma Cooperative
Nursery School wishes to use the garage for administrative purposes.
The proposal does not include an expansion of the garage. The School
is not required to use the garage for parking.
Section 188 of the Planning Code prohibits the intensification
of a noncomplying structure. The proposed use is an intensification
as the structure is currently used for storage rather than daily activities
related to administrating the School. As the existing building is
completely located within the required rear yard it is a noncomplying
10. 2004.0236V: 11 SUSSEX STREET, south side between Diamond and Castro Streets; Lot 025 in Assessor's Block 6729 in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a three-story horizontal addition at the rear southeast corner of the building. The addition would measure 12'-6" in width and 12'-0" in depth and result in the removal of the existing deck at this location. The addition will not increase the overall depth or height of the building.
Section 134 of the Planning Code requires a minimum rear yard of approximately 17'-7" for the subject property, measured from the rear property line. The proposed rear addition would extend to within approximately 10'-2" of the rear property line encroaching 7'-5" into the required rear yard.
Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the rear portion of the existing building already encroaches 7'-5" into the required rear yard, it is considered a legal noncomplying structure. Therefore expansion as proposed would be contrary to Section 188.
11. 2004.0016V: 1460 MONTGOMERY STREET, and 285 - 287 GREENWICH STREET, east side of Montgomery Street between Filbert and Greenwich Streets and south side of Greenwich Street between Montgomery and Sansome Streets, Lot 26A in Assessor's Block 85, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.
LOT-SIZE, LOT-FRONTAGE, LOT WIDTH AND REAR-YARD VARIANCES SOUGHT: The proposal is to split an "L"-shaped lot which wraps around the lot at the corner of Greenwich and Montgomery Streets (thereby giving it frontage on both of those streets) into two lots, each with one of the two residential buildings existing thereon, each with substandard rear-yard area and lot width, one that would not comply with the lot-size standards, and one that would not comply with the lot frontage standards of the Planning Code ("Code"). The proposed lot associated with the two-unit building at 285 - 287 Greenwich Street would front entirely on the Greenwich Street steps and, therefore, would not have Code-required vehicular access to it. It would contain 1,767 square feet in area and would narrow at its rear in such a manner as not to contain the applicable minimum 1,750 square feet in area within the portion of the lot to be at least 25 feet in width. A portion of the rear-yard area of this lot would be less than the minimum 15 feet in depth. The proposed new lot associated with the three-unit building at 1460 Montgomery Street would contain 1,559 square feet in area; insufficient to meet the minimum lot-size standard of the Code. It, too, would narrow at its rear such that a portion of its width would be less than 25 feet. A portion of its rear-yard area would be less than 1the Code-minimum 15 feet in depth. The purpose of the requested Variances is to separate the title to the two separate buildings. No new construction is proposed as part of the project.
Section 121, et seq., of the Planning Code sets forth minimum lot frontage, width and area standards. It 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. It also requires lots which have their frontages entirely within 125 feet of a corner, such as both of those proposed, to contain a minimum of 1,750 square feet in area. In addition, each newly-created lot must have a minimum width of 25 feet which width must be maintained for sufficient depth the encompass the minimum new-lot square footage within the portion that has such a width. The proposed lot with Montgomery Street frontage would have vehicular access at its front. As described above, neither of the proposed new lots would comply with the standards contained in Code Section 121, et seq.
Section 134, et seq., of the Planning Code set forth standards for rear-yard areas. It requires, in an RH-3 District, a rear yard, open and clear from the ground up, 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 proposed lot line separating the subject lot into two would be a diagonal. The resulting rear-yard areas of both lots would be, in part, less than 15 feet deep, and therefore, substandard.
12. 2003.1269V: 85 MIRABEL AVENUE, north side of Mirabel Avenue, between Shotwell Street and Coso Avenue; Lot 021F in Assessor's Block 5517, in an RH-2 (House, Two-Family) District, in a 40-X Height and Bulk District, and in the Bernal Heights Special Use District. The proposal is to remodel the existing 2 bedroom, 1 bathroom, single-family residence into a 3 bedroom, 2.5 bathroom single family residence by adding a rear horizontal addition.
OFF-STREET PARKING VARIANCE SOUGHT: The proposed addition adds 150 square feet on the first floor and 250 square feet on the second floor, resulting in a total of 400 square feet. The existing house has a total of 1,504 square feet and contains one parking space. The proposal would increase the house's total square footage to 1,904, resulting in a requirement of two off-street parking spaces. No additional parking is proposed.
Planning Code Section 242(e)(B)(i) requires alterations that add more than 200 square feet of usable floor area to abide by the parking standards as outlined for new construction.
13. 2004.0069V: 35-37 ALVARADO STREET, south side of Alvarado Street, between Guerrero Street and San Jose Avenue; Lot 23 in Assessor's Block 3634, in an RH-3 (House, Three-Family) District and in a 40-X Height and Bulk District. The proposal is to remodel the existing house. A new rear addition of approximately 35 feet in depth, 14 feet in width, and 30 feet in height, is proposed.
REAR YARD VARIANCE SOUGHT: Based upon the average of the two adjacent buildings, the required rear yard for the subject property is 47 feet, or 41% of the total depth of the lot. The proposed addition protrudes into the required rear yard area by 6 feet, leaving a rear yard of 41 feet, or 36% of the total depth of the lot. A rear yard variance is being sought to allow the proposed addition in the required rear yard area.
14. 2004.0054V: 132 CORTLAND AVENUE, west side, between Prospect Avenue and Elsie Street; Lot 009 in Assessor's Block 5675, in a RH-2 (Residential, Two-Family House) District and Bernal Heights Special Use District with a 40-X Height and Bulk Designation.
LOT SIZE AND REAR YARD VARIANCE SOUGHT: The proposal is to subdivide an existing 2,500 square-foot lot that is approximately 25'-0" wide and 100'-0" deep. Two 2-story buildings occupy the lot, each with one unit. No expansion of the existing buildings is proposed.
Planning Code Section 121 requires a minimum lot width of 25 feet and a minimum lot size of 1,750 square feet. The two new lots would be 1,587.50 square feet (25'-0" wide x 63'-7" deep) and 912.50 square feet (25'-0" wide x 36'-5" deep).
Planning Code Section 242 requires that the minimum rear yard depth in a RH-2 District shall be equal to 45 percent of the total depth of the lot, measured from the rear lot line to the rear building wall. The required rear yard for the two new lots are approximately 28'-6" and 16'-3" 24'-6", respectively. The two new rear yards created by the subdivision would be 15'-6" and 8'-5", respectively.
15. 2003.0997V: 185 BERRY STREET, south side, bounded by Berry, 3rd and 4th Streets and China Basin Channel; Lot 005 in Assessor's Block 3803 (aka "China Basin Landing"); in an M-2 (Heavy Industrial) Use District and a 90-X Height and Bulk District.
PARKING VARIANCE SOUGHT: The proposal is to reduce the
off-street parking required under Variance Case No. 1997.321V
on October 29, 1997, from 533 off-site parking spaces and 69 on-site
spaces, to 240 on-site spaces.
Section 151 of the Planning Code requires that one off-street
parking space be provided for every 500 square feet of floor area
occupied by office uses, subject to reduction based on pre-existing
parking deficiencies, or 272 spaces for the preexisting Wharfside
Building and 613 spaces for the 1991 Berry Street Building, or
885 spaces total.
This original parking requirement was modified under two previous
variances, including Case No. 1989.448V in 1989, which allowed
the 613 spaces for the Berry Street Building to be provided off-site
within an 800-foot radius; and Case No. 1997.321V in 1997 which
allowed the total 885-space requirement to be reduced to 600 spaces,
533 of which would be provided within 1,500 foot radius, and another
69 provided on-site.
16. 2004.0023V: 1785- 1787 ALABAMA STREET, Lot 14 in Assessor's Block 5541, northeast corner of Alabama Street and Ripley Street, in an RH-2 (House, Two-family) District, 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 measure 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.
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))