September 22, 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, September 22, 2004
Session Begins at 9:30 A.M.
Larry Badiner, 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 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, September 22, 2004, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:
1. 2004.0319V: 1959 - 1963 PINE STREET, south side between Laguna and Octavia Streets, Lots 051-053 in Assessor's Block 0663 in an RH-2 (House, Two-Family) Zoning District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to reconstruct an existing four-story rear extension with egress stairs within the required rear yard of a three-family dwelling. The new four-story rear extension will extend two feet further westward than the current four-story rear extension, and will also include a new rear deck on the second story level.
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. Using averaging, the required rear yard of the subject property is 47'6". The new four-story rear extension, second story rear deck, and egress stairs would encroach approximately 25 feet into the required rear yard. Although a portion of the proposed rear extension could extend into the required rear yard as a permitted obstruction, the height exceeds the floor level of the second floor of occupancy and the structure abuts the interior side lot line on the east side of the property when a minimum five-foot setback is required.
Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure. Because the existing four-story rear extension and egress stairs already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed reconstruction and expansion would be would be contrary to Section 188 of the Planning Code.
2. 2003.0639V: 1400-1402 COLE STREET, southeast corner of the intersection of Cole and 17th Streets; Lot 023 in Assessor's Block 1291; within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
REAR YARD, USABLE OPEN SPACE, AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to add a third floor addition, to include a second dwelling unit, to a two-story mixed-use (dwelling unit over commercial) structure (Adel's Wine Cellar), and to legalize and enlarge an addition at the rear of the building, creating a roof deck and access stair in the required rear yard. The existing structure, detached garage, and rear yard deck are considered noncomplying with respect to the Planning Code, as they are located in the required rear yard.
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. On the irregular subject lot, this results in a required rear yard of approximately 45 feet. The rear wall of the second floor projects into the required rear yard by approximately 5 feet. A detached garage also projects into the required rear yard fully to the rear lot line. There is an approximately 19 foot deep equivalent rear yard between the rear of the main structure and the detached garage. The proposed alteration would add a third floor also extending into the rear yard to the same extent as the floor below. In addition, an enclosed 7 X 12 foot attached porch in the rear yard would be renovated and slightly enlarged to create a deck and access stair for the new unit.
Section 135 of the Planning Code states that a usable outdoor space shall be provided for every dwelling unit. The single-family subject property currently complies with the private open space requirement of 125 square feet. By adding a second dwelling unit, the open space would be provided `in common' in the rear yard, and the requirement would increase to 333 square feet for the two units. Any space credited as common usable open space must be a minimum of 15 feet in every horizontal dimension and have a minimum area of 300 square feet. The complying portion of the rear yard credited towards usable open space is 240 square feet, less than the requirement.
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 proposed alterations would create an additional floor without the required rear yard, and would create a dwelling unit without the required usable open space.
3. 2004.0489V 265 LAIDLEY STREET, east side between Fairmount and Miguel Streets; Lot 018A in Assessor's Block 6684 in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE: The proposal is to remove the existing rear decks and construct new decks in the same location. The new decks would be smaller in size.
Section 134 of the Planning Code requires a minimum rear yard depth of approximately 18'-9" measured from the rear property line. The proposed decks would extend to within approximately 10'-4" of the rear property line encroaching 8'-5" into the required rear yard.
Section 188 of the Planning Code prohibits the voluntary replacement of a noncomplying structure. Because the existing rear decks already encroach into the required rear yard, they are considered a legal noncomplying structures. Therefore their voluntary replacement as proposed would be contrary to Section 188.
4. 2004.0844V 46 CRESTA VISTA DRIVE, south side between Casitas Avenue and Globe Alley; Lot 023 in Assessor's Block 3005D in an RH-1(D) (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District.
SIDE YARD VARIANCE SOUGHT: The proposal is to construct a third story vertical addition to an existing two-story, single-family dwelling.
Section 133(a)(4) of the Planning Code requires two open and unobstructed side yards each of four feet for lots with a width of 40 feet or more but less than 50 feet, such as the subject lot. The proposed third story addition would extend within two feet of the west side lot line above the existing second story, encroaching two feet into the required west side yard.
Section 188 of the Planning Code prohibits the enlargements or alterations to a noncomplying structure. Since the existing dwelling already encroaches into the required west side yard, it is considered a legal noncomplying structure. Therefore, the proposed third story addition would result in the enlargement of a noncomplying structure.
5. 2004.0514V 1810 36th AVENUE, east side between Noriega and Ortega Streets; Lot 044 in Assessor's Block 2072 in an RH-1(Residential, House, One-Family) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to Legalize a first floor deck with a room below and construct a solarium on the southern portion of the deck, at an existing one-story over garage, single-family dwelling.
Section 134(a)(1) of the Planning Code requires a rear yard of 15 feet, measured from the rear property line, for the subject lot. The requested first floor deck with a room below would encroach 14 feet into the required rear yard to within 1 foot of the rear property line. The proposed solarium on the southern portion of the first floor deck would encroach 10 feet 6 inches into the required rear yard to within 4 feet 6 inches of the rear property line.
6. 2004.0515V 1 PACHECO STREET: west side between Dewey Blvd. and Merced Ave.; Lot 003 in Assessor's Block 2886 in an RH-1(D) (House, One-Family, Detached Dwelling) District and 40-X Height and Bulk District.
REAR AND SIDE YARD VARIANCE SOUGHT:
A request to construct a deck within the required rear and side yards, located at the second level over ground of the single-family dwelling. The deck will project two feet into the north side setback, and a maximum of 10 feet into the required rear yard.
Section 133 of the Planning Code requires a side yard of five feet for the subject property measured from the side property line. The proposed deck extends to within three feet of the north side yard, and encroaches into the required side setback.
Section 134 of the Planning Code requires a minimum rear yard depth of approximately 25' for the subject property, measured from the rear property line. As a result of the triangular shape of the rear yard, the deck will extend between four and 10 feet into the required rear yard.
7. 2004.0432V 3715 -22ND STREET: south side between Sanchez and Noe Streets; Lot 039 in Assessor's Block 3626 in an RH-2 (House, Two-Family) District and 40-X Height and Bulk District.
REAR and SIDE YARD VARIANCE SOUGHT:
A request to reconstruct two decks and a greenhouse structure within the required rear yard, located at the first and second levels over ground of the single-family dwelling. The decks and greenhouse will protect five feet into each side portion of the required rear yard.
Section 136(c)(25)(B)(ii) of the Planning Code requires that two story projections in the required rear yard be set back from each side property line by five (5) feet. The proposed decks and greenhouse structure extend to each side property line. Solid fire walls will be constructed along the length of the decks and greenhouse at the side property lines.
Section 188 of the Planning Code prohibits the reconstruction of a noncomplying structure. Because a portion of the existing building already encroaches into the required rear yard, it is considered a legal, noncomplying structure. Therefore, the reconstruction as proposed would be contrary to Section 188.
8. 2004.0619V: 1530 JONES STREET, east side between Pacific and Jackson Streets; Lot 019 in Assessor's Block 0182 in an RM-3 (Residential Mixed, Medium Density) District and a 65-A Height and Bulk District.
PERMITTED OBSTRUCTION VARIANCE SOUGHT: The proposal is to enlarge an existing parking garage for a six-unit residential building. The garage, which can currently accommodate two independently accessible cars, would extend an additional 28 feet to the rear property line, providing room for three additional cars to park beneath the rear yard area.
Section 136(c)(26) of the Planning Code allows parking beneath the rear yard area except for the rear 15 feet. The proposed garage would extend to the rear property line. The space above the garage would be remain open space.
9. 2004.0419V: 1438 JACKSON STREET, north side between Hyde and Larkin Streets, Lot 12 in Assessor's Block 185, in an RM-1 (Mixed Residential, Low Density) District and a 65-A Height and Bulk District.
REAR-YARD VARIANCE SOUGHT: The proposal is the construction of a rear addition up to the average depth of the two adjacent buildings (leaving a rear yard of approximately 49 feet in depth) and a reconfiguration of the existing two dwelling units in the building resulting a four-family dwelling. The last ten feet of depth gained by the "averaging" would exceed 30 feet in height (approximately 34 feet, contrary to the Planning Code rear-yard standards contained in its §134). Additionally, a rear exit stairway would project approximately 14 feet into the required rear yard over a width of approximately seven feet (against the blank wall of the building to the west).
Section 134, et seq., of the Code sets forth standards for rear yard areas. It requires, in an RM-1 District, a rear-yard area, 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 last ten feet of horizontal coverage so gained is limited in height to 30 feet. The proposed rear addition would rise to a height of approximately 34 feet (three stories above basement).
10. 2004.0505V: 1032 CHESTNUT STREET, north side between Hyde and Larkin Streets, Lot 15 in Assessor's Block 47, in an RH-3 (house, Three-Family) District and a 40-X Height and Bulk District.
REAR-YARD VARIANCE SOUGHT: The proposal expand the lowest of three existing dwelling units downward into unoccupied basement area. Two balconies and a rear spiral exit stairway (from the existing lowest occupied level downward) would be constructed in conjunction with this expansion. The upper one would project into the rear-yard area by approximately three feet over a width of approximately four feet. The lower one (adjacent to the existing basement) would project approximately six feet into the rear yard over the width of the property (27.5 feet). The proposed stairway (approximately five feet in diameter) would descend from this lower balcony to the ground.
Section 134, et seq., of the Code sets 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). Approximately 104 square feet of balcony area plus the five-foot -in-diameter spiral exit stairway would be within the required rear-yard area.
Section 136(c)(25)(B)(ii) of the Code permits, beginning at the line that establishes the required open area (in this case, the line of rear-yard averaging), a rear building extension at a height not exceeding the floor level of the second floor of occupancy, excluding the ground story, projecting no more than 12 feet into the rear-yard area (but, in no case, occupying the rear 25 percent of the lot depth). Such an extension must be set back a minimum of five feet from any interior (side) lot line. The upper proposed deck projects approximately 14 square feet of area into the easterly of these two five-foot side set-back areas (at the same grade as the street). The proposed lower deck essentially wraps around the permitted extension and would project 2.5 feet beyond it (up to the 75 percent lot-depth line). This balcony would be one story below the grade of the street. The proposed spiral exit stairway would project another five feet into the required rear-yard area (beyond the lower deck) and would give access to the ground from there.
11. 2004.0313V: 170 COLLEGE AVENUE and 190 COLLEGE AVENUE, on the south side of College Avenue, at the gore point of College Avenue and Mission Street, Lots 67 and 68 in Assessor's Block 6720, NC-2 (Small-Scale Neighborhood Commercial District) and a 40-X Height and Bulk District.
MINIMUM LOT SIZE VARIANCE SOUGHT: The proposal is to move the lot line between these lots, creating one substandard lot. Presently, the existing 1907 building at 190 College Avenue extends 30 inches over the lot line into the adjacent lot 67.
Section 121 of the Planning Code requires a minimum lot size of 2,500 square feet for this property. The existing lot is substandard, with an area of 2,459 square feet. Moving the lot line 30 inches would increase the nonconformity by 81 square feet.
12. 2004.0507V: 1176 Alabama Street, west side, between 23rd Street and 24th Street; Lot 012 in Assessor's Block 4206, in a RH-2 (Residential, Two-Family House) District with a 40-X Height and Bulk Designation.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a rear addition on the second floor on an existing two-story dwelling.
Planning Code Section 134(c) requires that in all RH-2 Zoning Districts, the minimum rear yard requirement depth shall be equal to 45 percent of the total depth of the lot, or be reduced to the average rear yard depth of the two adjacent buildings. The minimum rear yard depth may not be reduced to less than 25 percent of lot depth, or 15 feet, whichever is greater. The rear yard is required at all levels. The required rear yard depth for the subject property through averaging is approximately 29 feet. The existing building intrudes into the rear yard and into the last 25 percent (25 feet) by approximately 3 feet, leaving a rear yard of 22 feet. The proposed 10'-6" wide x 11' deep second floor addition is flush with the existing rear building wall.
Planning Code Section 188 prohibits intensification or increase in any discrepancy at any level of a non-complying structure. The existing building is a non-complying structure. The proposed addition enlarges the existing non-complying building envelope.
13. 2004.0600V: 1166 HOWARD STREET, north side between 7th and 8th Streets; Lots 202 and 204 in Assessor's Block 3727; in an SLR (Service/Light Industrial/Residential) Use District and a 50-X Height and Bulk District.
PARKING VARIANCE SOUGHT: The proposal is to convert approximately 7,000 square feet of recently constructed vacant commercial space to retail use without providing all of the required off-street parking. The subject commercial space is on the ground floor and fronts on Howard Street east of 8th Street.
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 retail uses, or 14 parking spaces for the subject commercial space. Only four spaces would be provided.
The subject site is part of a mixed-use development that was constructed in 2003 and was granted a variance for off-street parking (Case No. 1999.475V), allowing 16 spaces to be provided for a combination of retail and light industrial uses. Twelve of those spaces have already been designated for new retail uses in the building, leaving only four spaces for the proposed 7,000 square-foot space. Light industrial uses are no longer sought for the building.
14. 2004.0752V: 654 MINNESOTA STREET, the southern portion of the block bounded by Minnesota Street to the east, 19th Street to the south and Indiana Street to the west; Lots 003 and 004 in Assessor's Block 4042; in an M-2 (Heavy Industrial) Use District and a 50-X Height and Bulk District.
OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to convert the existing light manufacturing use to a research and development (R&D) use. The subject building is a 3-story (2 stories plus a penthouse) structure. The total square footage of the building is approximately 66,000 gross square feet (sf). The proposed use would be for multi-tenant R&D purposes (laboratories and other work spaces for research staff) but may include space for administrative office use in support of the R&D use.
Section 151 of the Planning Code requires that one off-street parking space be provided for every 1,500 sf of floor area occupied by R&D uses and one space for every 500 sf of floor area occupied by office uses, subject to reduction based on pre-existing parking deficiencies. Assuming that 85% of the gross floor area (66,000 sf) is "occupied" area (approx. 56,000 sf), approximately 32,000 sf would be for R&D and approximately 24,000 sf for office. Based upon that proposed use of the building, there would be a parking requirement of approximately 70 spaces. 37 parking spaces are proposed.
Section 154 of the Planning Code establishes minimum standards for required off-street parking spaces. A standard-sized space shall have a minimum area of 160 sf. A compact space shall have a minimum area of 127.5 sf. Only 16 spaces meet the minimum dimensions for a standard-sized space.
Section 155 of the Planning Code requires one parking space for handicapped persons for every 25 spaces provided. Three spaces are required. Two are provided.
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))