November 17, 2004PLANNING DEPARTMENT
CITY AND COUNTY OF SAN FRANCISCO
Notice of Hearing on Application
For Zoning Variance
CITY HALL - Room 416
1 Dr. Carlton B. Goodlett Place
Wednesday, November 17, 2004
Session Begins at 9:30 A.M.
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.
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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, November 17, 2004, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 416 as follows:
1. 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.
This item was considered at the September 22, 2004 Variance Hearing. The Zoning Administrator closed the Public Hearing and continued this item to November 17, 2004 to allow the project sponsor to work with neighbors. Public comments will be considered only as they refer to project sponsor and neighbors negotiations.
2. 2004.0447V: 127-129 BLAKE STREET, west side between Anza Street and Geary Boulevard, Lot 001A in Assessor's Block 1089 in an RH-3 (Residential, Three-Family) 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 vertical addition
and a three-level horizontal side addition to the existing two-story over
basement, two-family dwelling. The proposal is also to enlarge and reconstruct
existing egress stairs, which currently are located at the rearmost portion
of the property.
Section 134 of the Planning Code requires
a minimum rear yard depth of 15 feet measured from the rear property line.
The proposed one-story vertical addition would be located within 12 feet from
the rear property line. The new egress stairs would be located against the
rear property line.
Section 188 of the Planning Code prohibits the
expansion of a non-complying structure. Because the rear portion of the existing
building and rear egress stairs are already located in the required rear yard,
they are considered legal non-complying structures. The proposed third story
and rear egress stairs would be contrary to Sections 134 and 188.
3. 2004.0459V: 33 SPRUCE STREET, west side between Jackson Street and the Presidio Wall; Lot 2 in Assessor's Block 969, in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
FRONT SETBACK VARIANCE SOUGHT: The proposal is
to legalize an ornamental concrete entry arch over six feet in height located
in the required front setback.
Section 132(f) of the Planning Code states that
only those obstructions specified in Section 136 of the Code shall be permitted
in a required front setback area. Section 136(c)(16) of the Planning Code
states that, within front setback areas, decorative railings and decorative
grille work, other than wire mesh, shall be at least 75 percent open to perpendicular
view and no more than six feet in height above grade. The height of the entry
arch, which is at least 75 percent open to perpendicular view, ranges from
approximately 11 to 12 feet as the sidewalk down slopes northward toward the
4. 2004.0542V: 1448 - 1450 COLE STREET/ 98 CARMEL STREET, northeast
corner of Cole and Carmel Streets, Lot 015 in Assessor's Block 1291 in an RH-2
(House, Two-Family) District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal
is to replace an existing garage structure with a new garage structure located
entirely within the required rear yard of an existing two-story over garage,
four-family dwelling. The garage structure is accessory to the main building,
and provides one of three off-street parking spaces located on the subject
property. Currently, vehicular access to the garage structure fronts along
Carmel Street. The subject property, with a lot depth of 100 feet, has an
existing rear yard of 36 feet. The existing garage
structure, approximately 10 feet wide by 20 feet deep,
is setback 24 feet from the main building and abuts the rear property line.
As proposed, the new garage structure, approximately 12 feet wide and 25 feet
deep, will be constructed in the approximate location of the existing garage
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. The required rear yard for the subject property is 45
feet. The new garage structure would be located entirely within the required
Section 188 of the Planning Code prohibits the expansion or replacement
of a noncomplying structure. Because the existing garage is built entirely
within the required rear yard, it is considered a legal noncomplying structure.
Therefore, the proposed replacement garage would be contrary to Section 188
of the Planning Code.
5. 2004.0582V: 63-65 GERMANIA STREET (AKA 262 HERMANN STREET), south side of Germania between Webster and Fillmore Streets; Lot 014 in Assessor's Block 0868; within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
REAR YARD AND LOT SIZE VARIANCES SOUGHT: The proposal
is to split the subject lot into two; one lot fronting on Hermann Street containing
a single-family dwelling with two off-street parking spaces at 262 Hermann
Street, and one lot fronting on Germania Street containing a three-car garage.
The three-car garage will be demolished and a new four-story, two-family residential
building with two off-street parking spaces will be constructed. The lot split
will create two lots both smaller than the minimum lot size of 2,500 square
feet, and will further cause both lots to become noncomplying with respect
to the rear yard requirements.
Section 134 of the Planning Code states that the
minimum rear yard depth in an RH-3 District shall not be less than 15 feet
or 25% of the depth of the lot, whichever is greater. On the Germania Street
lot, the proposed rear yard would be 12'-4" where 15 feet is required,
an encroachment of 2'-8". On the Hermann Street lot, the reduced rear
yard would be 16'-0" where twenty feet is required, an encroachment of
Section 121 of the Planning Code states that the
minimum lot size of any lot (exclusive of corner lots) in an RH-3 District
shall be 2,500 square feet. The proposed lot split would divide the 3,000
square foot lot into two lots; one lot fronting Germania Street of 1,000 square
feet, and one lot fronting Hermann Street of 2,000 square feet.
6. 2004.0583V: 1175 CHESTNUT STREET, south side between Polk and Larkin Streets; Lot 022A in Assessor's Block 0500 in an RH-3 (House, Three-Family) District and 40-X Height and Bulk District.
REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:
The proposal is a request to demolish and reconstruct three decks at the
rear of the twelve-unit apartment building. The decks are located within the
required rear yard of the subject property at the second, third, and fourth
floors. The decks currently project six feet from the rear-building wall (37
feet into the required rear yard) and are proposed to maintain the six foot
Section 134 of the Planning Code requires a minimum
rear yard depth of approximately 61' for the subject property, measured from
the rear property line. The proposed decks would extend to within approximately
26 feet of the rear property line.
Section 188 of the Planning Code prohibits
the reconstruction of a noncomplying structure once it is demolished. 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.
7. 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.
8. 2004.0650V: 3401 WASHINGTON STREET, southwest corner of Washington and Walnut Streets, Lot 030 in Assessor's Block 0996 in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:
The proposal is to enclose an existing third-story rear deck approximately
15 feet wide by 10 feet deep. Most of the depth of the existing rear deck
is within the 25-percent required rear yard. The proposal does not increase
the footprint of the existing single-family residence.
Section 134 of the Planning Code requires a 32-foot
deep rear yard for the lot. An approximately 23-foot rear yard is provided.
Section 188 of the Planning Code prohibits the
intensification of any noncomplying structure. The rear deck of the existing
building is located within the required rear yard area and is thus non-complying.
9. 2003.1257V: 1000 BAKER STREET, east side between Terra Vista Avenue and Turk Street , Lot 006 in Assessor's Block 1117 in an RM-1 (Residential, Mixed, Low-Density) District and a 25-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct
an approximately 37-foot wide by 20-foot deep by 20-foot tall, one-story over
garage structure containing one dwelling unit along the rear property line.
Since the lot is a through lot, the structure in the rear yard would have
vehicular access from St. Joseph's Avenue. A 25-foot deep rear yard is proposed
between the project and the existing single-family dwelling along Baker Street.
Section 134 of the Planning Code requires a 51-foot
deep rear yard for the lot. The project would create a 25-foot rear yard between
the proposed building and the existing single-family residence.
10. 2004.0639V: 363 ARLINGTON STREET, south side between Mateo and Miguel Streets; Lot 011 in Assessor's Block 6693 in an RH-2 (Residential House Two Family) District, and within the 40-X Height and Bulk District.
Rear Yard Variance Sought: The proposal is to demolish
and replace an existing second story deck at the southeast corner of the building
and construct a new, elevated deck off the rear of the building.
Planning Code Section 134 requires a 26 foot rear
yard whereas a 10 foot rear yard is proposed. The existing rear yard is 17
feet 10 inches.
11. 2004.1108V 1915 DIAMOND STREET, a through lot between Diamond and
Beacon Streets; Lot 004 in Assessor's Block 7539 in an RH-1 (Residential, House,
One-Family) District and a 40-X Height and Bulk District.
MINIMUM LOT AREA AND REAR YARD VARIANCES SOUGHT:
The proposal is to subdivide an existing through lot of approximately 4,322
square feet in area, into two separate lots. The proposed lot subdivision
would occur at a line approximately 73 feet 6 inches from the mid-point of
the front property line (considered at Diamond Street) of the existing lot.
There is an existing single-family dwelling on the site fronting Diamond Street.
The proposed westerly lot with a width of 35 feet and an average depth of
73 feet 6 inches, fronting Diamond Street, would contain the existing single-family
dwelling. The proposed easterly lot with a width of 35 feet and an average
depth of 50 feet, fronting Beacon Street, would be vacant. No work is proposed
for the existing single-family dwelling. One purpose of the requested variance
is to create a vacant and buildable lot for the construction of a single-family
dwelling in the future fronting Beacon Street.
Section 121(e)(2) of the Planning Code requires a minimum lot area
of 2,500 square feet for lots in the RH-1 district. The proposed westerly
lot fronting Diamond Street would be approximately 2,572 square feet in area.
The proposed easterly lot fronting Beacon Street would be approximately 1,750
square feet in area, deficient in minimum lot area.
Section 134(a)(1) of the Planning Code requires a minimum rear yard
of approximately 18 feet 5 inches, measured from the rear property line (the
subdivision line) for the proposed westerly lot. The proposed westerly lot
on Diamond Street would contain the existing single-family dwelling, which
would be within approximately 15 feet 5 inches of the rear property line,
encroaching 3 feet into the required rear yard.
12. 2004.0950V 2035 15TH AVENUE, west side between Pacheco and Quintara Streets; Lot 001F in Assessor's Block 2135 in a RH-1(D) [Residential, House, One-Family (Detached)] District and a 40-X Height and Bulk District.
SIDE YARD VARIANCE: The proposal is to construct
a three-story horizontal addition at the rear of the building on a down sloping
lot. The addition will add five-feet to the depth of the building at the basement
level and 16'-0" to the depth of the building at the ground and first
Section 133 of the Planning Code requires a minimum
setback depth of three-feet measured from the side property line. The proposed
addition would be set back approximately two-feet from the side property lines,
encroaching one-foot into the required side yard as does the existing building.
Section 188 of the Planning Code prohibits the
expansion of the noncomplying portion of a structure. Because the sides of
the existing building already encroach one-foot into the required side yards,
it is considered a legal, noncomplying structure. Therefore, the proposed
expansion of this portion of the building is contrary to Section 188.
13. 2004.0679V 1520 LARKIN STREET, east side between
Clay and Sacramento Streets, Lot 017 in Assessor's Block 0218 in an RM-3 (Mixed
Residential, Medium Density) District and a 65-A Height and Bulk District.
LOT SIZE VARIANCE SOUGHT: The proposal is to split
the existing lot, which measures 40 feet wide and 133 feet deep and contains
one six-unit building, into two lots that would each be less than 25 feet
wide. Each lot would contain one 3-unit building. This application does not
propose any expansion of the building.
Section 121(d) of the Planning Code requires the
minimum lot width in an RM-3 Zoning District to be 25 feet. The project would
subdivide the subject lot and result in two lots with a width of 20 feet each.
14. 2004.0624V 3321 20TH STREET, Lot 001
in Assessor's Block 3611, south side between Shotwell Street and Folsom Street,
in an NC-2 (Neighborhood Commercial, Small-Scale) District and a 50-X Height
and Bulk District
REAR YARD VARIANCE SOUGHT. The proposal is to construct
a new dwelling unit consisting of two stories on top of an existing commercial
structure that sits within the required rear yard of the neighboring corner
building (3305 22nd Street); the subject building and the neighboring
corner building share the same lot.
Planning Code Section 134(a)(1)(B) requires a 31-foot
required rear yard at the second level and above. The proposal would be to
build an addition that would take up 28.66-feet of the required rear yard
depth on the second and third levels.
15. 2004.0689V: 721 YORK STREET, Lot 020 in Assessor's
Block 4079, east side between 19th Street and 20th Street, in an RH-2 (House,
Two-family) District and a 50-X Height and Bulk District.
PARKING AND REAR YARD VARIANCES SOUGHT. The proposal
is to establish a second dwelling unit on the ground floor without providing
an additional independently accessible parking space and to construct a two-story
rear horizontal addition, deck, stair and firewall. The new addition would
extend 15-feet beyond the existing rear wall and the deck, stairs and firewall
would extend 26-feet beyond the existing rear wall.
Planning Code Section 151 requires one independently
accessible parking space for each dwelling unit.
Planning Code Section 134(c) requires 29.75-foot
rear yard measured from the rear property-line. The proposed addition would
be built to 26-feet of the rear property-line. The proposed new stair and
firewall would be built to 14.5-feet of the rear property-line.
16. 2004.0929V 1361 BRUSSELS STREET, begin an interior
lot with frontage from Brussels Street, between Wilde and Campbell Avenues;
Lot 009 in Assessor's Block 6197, in an RH-1 (Residential, House, One- Family)
District, a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The project is a side
horizontal addition, 2-stories in height, to the single-family dwelling. The
addition would extend approximately 20 feet by 20 feet to the south of the
Planning Code Section 134 requires a rear
yard of 15 feet for the subject property. The Zoning Administrator has determined
that the addition is in the required rear yard due to the irregular configuration
of the lot. The applicant proposes a 15-foot "front" yard, which
would compensate for the 15-foot rear yard.
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
(3) direct staff to place the item on a future agenda.
(Government Code Section 54954.2(a))