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October 27, 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, October 27, 2004
Session Begins at 9:30 A.M.

Public Hearing

Lawrence B. 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.

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 curbside 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, October 27, 2004, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(MICHAEL SMITH)

1. 2004.0530V 111 VALLEY STREET, south side between Dolores and Church Streets; Lot 037 in Assessor's Block 6618 in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

    REAR YARD AND DWELLING EXPOSURE VARIANCES: The proposal is to add a dwelling unit to the building at the rear of the lot. The new dwelling would have one bedroom and approximately 710 square-feet of habitable area over two floors. The building would not be enlarged.

    Section 134 of the Planning Code requires a minimum rear yard depth of approximately 60'-0" measured from the rear property line. The existing rear building extends to the rear property line encroaching 60'-0" into the required rear yard.

    Section 140 of the Planning Code requires that each dwelling unit face either a street, alley, or an open space that is at least 25-feet in every horizontal dimension. The unobstructed yard located between the buildings is only 11-feet in depth.

    Section 188 of the Planning Code prohibits the intensification of a noncomplying structure. Because the existing building already encroaches into the required rear yard, it is considered a legal, noncomplying structure. Therefore, the proposed conversion from accessory space to a dwelling unit would require a variance.

(SARA VELLVE)

2. 2004.0408V: 1314-1316 - 7TH AVENUE, east side between Irving and Judah Streets; Lot 034 in Assessor's Block 1761 in the Inner Sunset Neighborhood Commercial District and a 40-X Height and Bulk District.

    REAR YARD VARIANCE SOUGHT: The proposal is to expand the ground/garage level of the three-story, two-unit building into the required rear yard. The expansion would project to the rear property line and eliminate the required rear yard. Open space for the residential units in the building will be accommodated via a deck on top of the proposed garage structure, and a roof deck on top of the structure.

    Section 134 of the Planning Code requires a minimum rear yard depth of 25% of the lot depth (approximately 24 feet) for the subject property, measured from the rear property line. The proposed garage would extend to the rear property line.

(SHARON YOUNG)

3. 2004.0412V: 1426 SHRADER STREET, east side between Rivoli and 17th Streets, Lot 020 in Assessor's Block 1287 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 replace the existing rear decks and exit stairs located along the north side of the existing three-story, three-family dwelling. Currently, the existing decks and stairs encroach approximately 7 feet beyond the rear building wall, leaving a rear yard setback of approximately 23 feet. As proposed, the new decks and stairs will encroach 10 feet beyond the rear building wall, leaving a rear yard setback of 20 feet. The proposal will also include expanding the basement level approximately 10 feet to the rear, beneath the sunrooms on the second and third floor levels.

    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 of the lot depth or 15 feet whichever is greater. Using averaging, the required rear yard of the subject property is approximately 55 feet. The new exit stairs encroach 12 feet into the required rear yard. Although a portion of the rear decks and exit stairs could extend into the required rear yard as a permitted obstruction, the height of the rear decks and exit stairs exceeds the floor level of the second floor of occupancy.

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

(MARY WOODS)

4. 2004.0415V: 1853 - 1855 McALLISTER STREET, south side between Lyon and Baker Streets; Lot 029 in Assessor's Block 1177, in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. The existing building has two dwelling units with two parking spaces.

    PARKING VARIANCE SOUGHT: The proposal is to create a third dwelling unit at the ground floor/garage level without providing the required independently accessible off-street parking space.

    Section 151 of the Planning Code requires that one independently accessible off-street parking space be provided for every dwelling unit. In this instance, the existing garage contains two parking spaces only.

    The proposal is to convert the existing ground floor storage area to a new third unit, approximately 630 square feet in area. The proposal involves interior work only. The existing two parking spaces will remain.

    (DANIEL SIROIS)

5. 2003.0894V 35 PACHECO STREET, south side, Lot 053, Assessor's Block 3557, located in an RH-1(D) (Residential, Single-Family, Detached) District and in a 40-X Height and Bulk District.

    REAR YARD VARIANCE SOUGHT: The proposal is to extend a non-complying garage 16-feet further into the required rear yard.

    Planning Code Section 134 requires a rear yard equal to 25 percent of the subject lot's depth or 29 feet. The proposal requires a variance because the existing garage and the new addition would encroach a total of 25 feet into the required open area.

    (MICHAEL SMITH)

6. 2004.0626V 435-441 BURNETT AVENUE, east side between Dixie and Copper Streets; Lot 044 in Assessor's Block 2745 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

    LOT FRONTAGE AND REAR YARD VARIANCES: The proposal is to subdivide the lot containing three residential buildings into three irregularly shaped lots with each lot being occupied by an existing building and one lot being a land locked lot.

    Section 121 of the Planning Code requires that all newly created lots shall have and maintain frontage on a public street or alley. One of the new lots would not have frontage on a street or alley.

    Section 134 of the Planning Code requires a minimum rear yard depth of approximately 41'-0" for the proposed rear lot measured from the rear property line. The existing rear building extends within 30'-0" of the rear property line encroaching 11'-0" into the required rear yard.

    (DARIO JONES)

7. 2004.0625V 36 SANTA ROSA AVENUE, north side between Alemany Boulevard and Mission Street; Lot 016 in Assessor's Block 6796 in an RH-1 (Residential House, One-Family,) and a 40-X Height and Bulk District.

    REAR SETBACK AND PERMITTED OBSTRUCTION VARIANCE SOUGHT: The proposal is to modify the roof of the existing legal noncomplying two-story single-family dwelling located at the rear of the lot. The modification will increase the height from approximately 22 feet, to 27 feet. In addition, a new fence with a height of 6 feet is proposed to encroach into the front setback 4 feet.

    Section 134 of the Planning Code requires a minimum rear setback of 37 feet, 5 inches for the subject lot, measured from the rear property line. The proposed modification to the height of the dwelling occurs within the required rear setback.

    Section 188 of the Planning Code does not permit the expansion of a noncomplying structure. A 26-foot deep portion of the dwelling, already encroaches into the required rear yard, and is considered a legal, noncomplying structure. Therefore, the proposal to increase the height would be considered an expansion and is contrary to Section 188.

    Section 136 of the Planning Code requires any fence that is located in the front setback too be limited to a height of three-feet.

(ADAM LIGHT)

8. 2004.0322V: 1111-1133 GREEN STREET, south side between Hyde and Leavenworth Streets; Lot 21 in Assessor's Block 125 in an RH-3 (Residential, House, Three Family) District and a 40-X Height and Bulk District.

    LOT FRONTAGE, REAR YARD, AND DWELLING UNIT EXPOSURE VARIANCES SOUGHT: The proposal is to split the existing lot into two essentially tandem lots, the proposed rear-most lot having a six-foot wide by 83-foot long extension to Green Street. The existing 11-unit apartment building would be divided into one five-unit and one six-unit building so that the resulting two buildings could be converted to condominiums in the future. (Current condominium laws do not allow existing apartment buildings with seven or more units to be converted to condominiums.)

    Planning Code Section 121(a) requires that every newly created lot shall maintain a minimum of 16 feet of frontage along a public street or alley. Because the rear-most of the two tandem lots would have only six feet of street frontage, a variance from minimum lot frontage is required.

    Planning Code Section 134 requires a rear yard equaling 45% of the lot depth, or the average rear yard of the two abutting neighbors, whichever is less, with an absolute minimum required rear yard of 15 feet or 25% of lot depth, whichever is greater. Because the lots would be divided such that two essentially tandem lots are created, and the building would be divided into two buildings via a fire rated partition wall, the newly created building closest to the front of the existing lot would be partially located within the required rear yard of the newly created front-most lot. Also, the newly created rear-most building would be partially located in the rear yard of the newly created rear-most lot.

    Planning Code Section 140 requires that each dwelling unit face on to a public street of at least 25 feet in width, onto a code-complying rear yard, or onto an inner courtyard on the lot where the units are located that measures 25 feet in every horizontal dimension. As the newly created rear-most building would nearly abut the rear property line of the front-most property, the units that currently face solely onto the existing courtyard would no longer comply with the dwelling unit exposure requirements of Section 140.

(MICHAEL LI)

9. 2004.0799V: 280 LILY STREET, north side between Laguna and Octavia Streets; Lot 038 in Assessor's Block 0839 within an RH-3 (Residential, House, Three-Family) District and an 80-B Height and Bulk District.

    REAR YARD VARIANCE SOUGHT: The proposal is to (1) rebuild existing stairs and (2) add a dormer to a noncomplying structure within the required rear yard.

    Section 134 of the Planning Code requires a minimum rear yard depth of 30 feet, 4 inches for the subject property, measured from the rear property line. The proposed project would encroach approximately 17 feet into the required rear yard.

    Section 188 of the Planning Code prohibits the expansion of a noncomplying structure that increases the degree of noncompliance. The existing building already occupies the required rear yard and is considered a legal noncomplying structure. The proposed expansion would be contrary to Section 188.

(MAT SNYDER)

10. 2004.0620V: 549-551 GUERRERO STREET, Lot 29 in Assessor's Block 3577, east side between 18th and 19th Streets, in an RM-2 (Residential, Mixed, Moderate Density) District.

    REAR VARIANCE SOUGHT. The proposal is to demolish the existing one-story rear deck and stair and construct a new rear deck, circular stair and firewall on the north property line.

    Planning Code Section 134(c) requires a 24-foot rear yard measured from the rear property-line. The new deck, stair and firewall would be built to 11-feet from the rear property-line.

    Planning Code Section 188(b) does not allow a legally non-complying structure to be reconstructed after being demolished, except within full conformity with the Planning 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