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Seal of the City and County of San Francisco
City and County of San Francisco
December 15, 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, December 15, 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 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/.

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, December 15, 2004, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

PLEASE NOTE: THE ZONING ADMINISTRATOR WILL HEAR AS MANY CASES AS POSSIBLE UNTIL 11.00 AM AT WHICH TIME THE MEEING WILL BE RECESSED. THE ZONING ADMINISTRATOR WILL REOPEN THE HEARING AT 1.00 PM.

9:30 A.M.

(GEOFFREY NELSON)

1. 2004.0380V: 421 ARGUELLO BOULEVARD, west side between Clement Street and Geary Boulevard; Lot 003 in Assessor's Block 1433; in an RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District.

    REAR YARD, EXPOSURE, AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to alter a full-lot coverage commercial building by constructing a 3-story vertical addition containing 8 dwelling units and altering the ground floor to contain 8 off-street parking spaces, thus triggering Planning Code requirements for a residential building.

    Section 134 of the Planning Code states that the minimum rear yard depth in an RM-2 district shall be equal to 45 percent of the total depth of the lot on which the building is situated, but in no case less than 15 feet or 25 percent of the total depth (whichever being greater). On the approximately 50' X 100' subject lot, the rear yard requirement is 45'-0". The existing ground (first) floor covers the entire lot. The proposal would extend into the required rear yard by up to approximately 14 feet at the 2nd, 3rd, and 4th floors.

    Section 140 of the Planning Code states that in each dwelling unit in any use district, the required windows of at least one room shall face directly onto a public street, an alley or side yard of at least 25 feet in width, or a rear yard meeting the requirements of the Planning Code. Two of the 8 units will face onto the deficient rear yard described above.

    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 structure is noncomplying in that it covers the entire lot where a rear yard of approximately 45 feet is required. The proposed alterations would additionally encroach into the required rear yard at the (new) 2nd, 3rd, and 4th floors.

(GEOFFREY NELSON)

2. 2004.0610V: 291 DOWNEY STREET, west side of Downey between Ashbury and Frederick Streets; Lot 162 in Assessor's Block 1269; within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

    PARKING VARIANCE SOUGHT: The proposal is to legalize a second dwelling unit constructed without benefit of permit on the ground and first floors of a three-story single-family dwelling. Because the existing structure contains only one off-street parking space (where two are required), the applicant is seeking a Variance from the parking requirement.

    Section 151 of the Planning Code states that one off-street parking space is required for every dwelling unit created in the RH-2 Zoning District. The existing legal dwelling unit has one off-street parking space. The second dwelling unit, to be legalized, has no independently accessible off-street parking space, and none is proposed to be constructed.

(GLENN CABREROS)

3. 2004.0627V: 3130 PACIFIC AVENUE, north side between Presidio Avenue and Lyon Street backing on the Presidio Wall, Lot 005 in Assessor's Block 0965 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 construct an approximately 12-foot high by 38-foot wide by 10-foot deep portion of a rear yard deck into the 15-foot deep required rear yard. The deck is associated with the proposed new construction of a three-story-over-garage, single-family residence on the subject lot.

    Section 134 of the Planning Code requires a rear yard equal to 25-percent of the lot depth or 15 feet, whichever is greater. The project proposes a 15-foot rear yard.

(SARA VELLVE)

4. 2004.0726V: 148 TERRA VISTA AVENUE, north side between Anza Vista Avenue and Sonora Lane; Lot 007 in Assessor's Block 1104 in an RM-1 (Residential, Mixed District, Low Density) District and 30-X Height and Bulk District.

    REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a three-story addition to the existing structure in the rear of the property (fronting O'Farrell Street). The addition would result in the expansion and reconfiguration of the existing five dwelling units, provide three new off-street parking spaces (for a total of six parking spaces) and would encroach approximately 16 feet into the required rear yard.

    Section 134 of the Planning Code requires a minimum rear yard depth of approximately 30 feet for the subject property, measured from the rear property line. The proposed addition to the structure would extend to within approximately 14 feet of the rear property line.

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

(MARY WOODS)

5. 2004.0630V: 1994-1996-1998 UNION STREET, northeast corner at Buchanan Street; Lot 014 in Assessor's Block 0531, in the Union Street Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District. The lot is approximately 30 feet wide by 56 feet deep, containing approximately 1,680 square feet. The existing building is a three-story commercial and office building, covering more than 90 percent of the lot.

    REAR YARD SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to demolish the existing three-story L-shaped exterior staircase at the rear of the building, and replace it with a new three-story L-shaped staircase with an L-shaped property line one-hour fire rated wall, approximately 29 feet tall, in the required rear yard.

    Section 134 of the Planning Code requires that the minimum rear yard depth in the Union Street NCD be equal to 25 percent of the lot depth, but in no case less than 15 feet, at the second story and above and at all residential levels. In this instance, the subject lot is approximately 56 feet deep resulting in a required minimum rear yard of 15 feet. The existing staircase (including a portion of the building) is located entirely within the required rear yard at the second and third stories to the edge of the rear lot line. The proposed staircase would occupy the same area with a slightly bigger footprint, and would add a new two-story fire rated wall along the northeast property lines, as required by the Building Code.

    Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing staircase already encroaches into the required rear yard setback, it is considered a legal, non-complying structure. The proposed new stairs and one-hour fire rated wall would be considered to be an expansion and intensification of a non-complying structure.

(ISOLDE WILSON)

6. 2004.1063V: 762-774 BAY STREET, north side, between Hyde and Leavenworth Streets; Lot 011 in Assessor's Block 0027, in an RH-3 (Residential, House, Three-Family) District with a 40-X Height and Bulk Designation.

    REAR YARD VARIANCE SOUGHT: The proposal is to subdivide the existing lot into two parcels, an L-shaped eastern lot with 4 units and a smaller, rectangular western lot with 3 units. The existing lot contains three structures, the two front buildings which contain 3 dwelling units each and the rear building which contains one dwelling unit.

    Section 134(a)(2) of the Planning Code requires that in an RH-3 zoning district equal to at least 45% of the total lot depth. The western lot to be created by the subdivision has a rear yard requirement of approximately 48 feet, but would provide a rear yard with a depth of approximately 36 feet.

(SHARON YOUNG)

7. 2004.0796V: 647 - 32nd AVENUE, west side between Anza and Balboa Streets, Lot 006B in Assessor's Block 1575 in an RH-2 (House, Two-Family) Zoning District and a 40-X Height and Bulk District.

OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to add a second dwelling unit on the ground floor of an existing one-story over garage, single-family dwelling. An off-street parking variance is sought to create a second dwelling unit without an independently accessible parking space. One tandem off-street parking space will be provided in the existing garage. A total of two independently accessible parking spaces are required for this property.

Section 151 of the Planning Code requires one full-size, independently accessible parking space for each newly created dwelling unit. The proposed second dwelling unit would have one tandem off-street parking space provided in the existing garage. The proposed parking space would not meet the requirement for independent accessibility.

(RICK CRAWFORD)

8. 2004.0750V: 520 HOLLOWAY AVENUE, south side between Miramar and Capitol Avenues, Assessor's Block 6937 Lot 018A; in a RH-2 (Residential House Two Family) District, and within the 40-X Height and Bulk District.

    Rear Yard Variance Sought: The proposal is to construct an addition, 22 feet in depth, to the rear of the existing dwelling that would include rear egress stairs.

    Planning Code Section 134 requires an 18-¾ foot rear yard where a 5-½ foot rear yard is proposed.

(TINA TAM)

9. 2004.0893V 1223 BOSWORTH STREET, west side between O'Shaughnessy Boulevard and Congo Street, Lot 033A in Assessor's Block 6706 in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

LOT SIZE, FRONT SETBACK, AND REAR YARD VARIANCE SOUGHT: The proposal is to demolish the existing accessory structure (workshop over two-car garage) and construct a new three-story-over-garage, single-family dwelling unit on a newly created substandard size lot measuring 25 feet in width by 42 feet in length.

Section 121 of the Planning Code requires a minimum lot size of 2,500 square feet in the RH-1 District. The proposed lot size, 1,050 square feet, is deficient in 1,450 square feet.

Section 132 of the Planning Code requires a minimum front setback of six feet four inches, measured from the front property line. The proposed new dwelling would extend to zero feet of the front property line, encroaching six feet four inches into the required rear yard.

Section 134 of the Planning Code requires a minimum rear yard of 15 feet, measured from the rear property line. The proposed new dwelling would extend to 12 feet of the rear property line, encroaching three feet into the required rear yard.

(TOM WANG)

10. 2004.0809V 2024 CASTRO STREET, west side between Duncan and 28th Streets; Lot 048 in Assessor's Block 6604 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 remove the existing first and second floor rear decks and stairs and construct a two-story addition with stairs leading to the rear yard, at the existing two-story over garage, single-family dwelling.

Section 134(c)(1) of the Planning Code requires a minimum rear yard of approximately 48 feet, measured from the rear property line, for the subject lot. The proposed two-story addition with stairs leading to the rear yard would extend to within 23 feet of the rear property line and encroach 25 feet into the required rear yard.

Section 188 of the Planning Code prohibits the enlargements or alterations of a noncomplying structure. Since the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed two-story addition and stairs would result in the enlargement of a noncomplying structure.

(TOM WANG)

11. 2004.1053V 229 DOUGLASS STREET, east side between 18th and 19th Streets; Lot 028 in Assessor's Block 2692 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 repair/reconstruct an existing structure in rear of the lot to allow for habitable use. The rear yard structure was a barn/storage, an accessory use to the existing two-family dwelling in a two-story building at front of the lot on Douglass Street.

The proposal also includes moving one of the two existing dwelling units into the rear structure after its remodeling and allowing the remaining one dwelling unit to occupy the entire street front building.

Section 134(a)(2) of the Planning Code requires a rear yard of 56 feet 3 inches, measured from the rear property line, for the subject lot. The existing structure extends to the rear property line. Although the proposed repair/reconstruction of the rear yard structure would relocate its current rear building wall 4 feet back from the rear property line, the structure would still be entirely within the required rear yard,

Section 181 of the Planning Code prohibits a nonconforming use, and any structure occupied by such use from being intensified. The existing rear yard structure, accessory to the two dwelling units in the street front building, is a nonconforming use. Therefore, moving one of the two dwelling units into this structure would result in the intensification of a nonconforming use.

Section 188 of the Planning Code prohibits the enlargements or alterations to a noncomplying structure. Since the entire subject structure is in the required rear yard, it is considered a noncomplying structure. Therefore, the proposed repair/reconstruction of the rear yard structure would result in the alteration of a noncomplying structure.

(TOM WANG)

12. 2004.1051V 501 CRESTLAKE DRIVE, on the northwest corner of Crestlake Drive and Yorba Street; Lot 011 in Assessor's Block 2502A in an RH-1(D) (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District.

    REAR YARD VARIANCE SOUGHT: The proposal is to extend the existing second floor towards the rear (west) of the lot, at the existing two-story, single-family dwelling.

    Section 134(a)(1) of the Planning Code requires a minimum rear yard of approximately 21 feet 6 inches, measured from the mid-point of the rear (west) property line, for the subject lot. The proposed second floor extension would extend to within 9 feet of the rear (west) property line and encroach 12 feet 6 inches into the required rear yard.

    Section 188 of the Planning Code prohibits the enlargements or alterations of a noncomplying structure. Since the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed extension of the second floor would result in the enlargement of a noncomplying structure.

(DELVIN WASHINGTON)

13. 2004.0808V 25 SANTA PAULA AVENUE, East side between Portola Drive and Santa Monica Way; Lot 026 in Assessor's Block 3013 in an RH-1 (D) (Residential House, One-Family, Detached) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to expand an existing one car garage that is currently located in the required rear yard.

Section 134 of the Planning Code requires a rear yard of 27.5 feet for the subject lot, measured from the rear property line. The proposed 2.5 foot side addition to this existing garage will encroach approximately 13 feet into the required rear yard.

Section 188 of the Planning Code does not permit the expansion of a noncomplying structure. The existing garage, which already encroaches 13 feet into the required rear yard, is considered a legal, noncomplying structure. Therefore, the proposal to expand the garage would be contrary to Section 188.

(MARK LUELLEN)

14. 2004.0830V: 33 WHITE STREET, east side of the cul-de-sac street between Vallejo and Green and Larkin and Hyde Streets, Lot 022 on Assessor's Block 124 in an RH-2 (House, Two Family) District, and a 40-X Height and Bulk District.

    REAR YARD SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The project site contains a 2-story single-family residence. The project proposes to remove a portion of the building's rear, construct a new third floor over the entire existing building that would project into the required rear yard. After the addition is constructed the building will be 30 feet high.

    Section 134(a)(2) of the Planning Code requires that a building which contains dwellings in the RH-2 District have a minimum rear yard depth equal to 15 feet of the lot depth. The subject property is seeking a variance under Planning Code Section 134(a)(2) to provide a rear yard depth of 10 feet where a minimum rear yard depth of 15 feet is required.

    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 proposed replacement addition would be considered an expansion that increased the discrepancy of a non-complying structure.

(JIM MILLER)

15. 2004.0680V: 331 FILBERT STREET, south side between Montgomery Street and Telegraph Hill Boulevard, Lot 45 in Assessor's Block 105, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

    REAR-YARD VARIANCE SOUGHT: The proposal is to construct an elevator, serving all four levels of the building, along the westerly edge of the rear balcony in the required rear-yard area of an existing two-unit residential building. The existing building has a rear yard of nine feet, six inches. Therefore, the proposed work is in a portion of the building that already extends into the required rear yard. Additionally, at the ground floor only, a small (approximately ten-square-foot) elevator machine room is proposed, also within the rear-yard area, and projecting to within seven feet six inches of the rear lot line.

    Section 134, et seq., of the Planning 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). The subject lot is 50 feet in depth. Both of the adjoining buildings are deeper than the subject building.

(JIM MILLER)

16. 2004.0681V: 110 ALTA STREET, north side west of Montgomery Street, Lot 6 in Assessor's Block 105, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

MODIFICATION OF EXISTING REAR-YARD VARIANCE SOUGHT: The proposal is to add a bedroom at the rear of the middle unit in the three-unit residential building on the subject lot. Presently, there is an outdoor balcony at the site of the proposed work. The upper unit extends out over the proposed work making the additional bedroom an "in-fill" project. The proposed work is in the buildable area of the lot. However, a condition of the granting of a rear-yard Variance on August 9, 2002 (Case No. 2002.0612V), for stairs at the rear of 110 Alta Street building to give access to the rear of the building at 331 Filbert Street was that any additional building on the 110 Alta Street site (even if within the buildable area thereof) would be subject to a new Variance at the call of the Zoning Administrator. Therefore, the proposed work is subject to a new Variance.

Section 134, et seq., of the Planning 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). Rear-yard averaging requires a 17-foot rear yard in the subject case. The balcony on the third floor and a potion of the stairway accessing it as well as the rear-yard stairs accessing 331 Filbert Street are within this required open area.

(JONATHAN PURVIS)

17. 2004.0597V 3106 SAN BRUNO AVENUE, west side between Olmstead and Mansell Streets; Lot 001A in Assessor's Block 6156; in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

    REAR YARD VARIANCE SOUGHT: The project is to legalize a storage structure and a set of stairs built without building permits and within the required rear yard. The storage structure is approximately 23 feet long and 16 feet in wide. It is set approximately six feet from the rear property line and five feet from each side property line. There is a 27-foot open area between the house and the rear structure. The stairs are seven feet wide and project up to 16 feet into the rear yard and lead to a deck on the third floor of the house.

    Section 134(a)(2) of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot, except to the extent that a reduction is permitted based on an average between the depths of the rear building walls of the two adjacent buildings. For the subject property, the required rear yard would be 45 percent of the depth, or 54 feet.

(JONATHAN PURVIS)

18. 2004.1132V: 3288 FOLSOM STREET, the west side of Folsom Street at Stoneman Street; Lot 021 in Assessor's Block 5532; in an RH-2 (Residential, House, Two-Family) District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

    PARKING VARIANCE SOUGHT: The project is to construct a new third story family room above an existing single-family dwelling, without providing additional off-street parking. The new floor would be set back 12.5 feet from the front property line and would include a new roof deck at the rear with new stairs and landings to the rear yard.

    Section 242(e)(4) of the Planning Code requires three off-street parking spaces to be provided whenever the usable floor area of dwellings within the Bernal Heights Special Use District exceeds 2,251 square feet. This additional parking requirement is triggered whenever alterations add more than 200 square feet of usable floor area. This addition would add approximately 750 square feet, which brings the total usable floor area to 2,325 sq. ft. Only one Code-complying off-street parking space can be accommodated within the existing garage.

(JONATHAN PURVIS)

19. 2004.0776V: 3900 FOLSOM STREET, the west side of Folsom Street at Jarboe Avenue; Lot 001 in Assessor's Block 5703; in an RH-1 (Residential, House, Single-Family) District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

    LOT SIZE VARIANCE SOUGHT: The project is to adjust the lot line between Lot 001 and Lot 032A (at 414 Jarboe Avenue), shifting the lot line eastward approximately 13.5 feet so that the existing one-car garage on lot 001 falls entirely within the boundaries of Lot 032A. The effect of this lot line adjustment would be to reduce the size of Lot 001 from 1,750 square feet to 1,412 square feet.

    Section 121(e)(2) of the Planning Code requires a minimum lot area of 1,750 square feet for RH-1 lots that are within 125 feet of an intersection of two streets. The subject Lot 001 would be reduced in size from 1,750 square feet to 1,412 square feet.

(DANIEL SIDER)

20. 2004.0786V: 77 BENTON AVENUE, north side, west of Genebern Way; Lot 009 in Assessor's Block 5835, in an RH-1(D) [Residential, House, Single-Family, Detached] Zoning District and a 40-X Height and Bulk District.

    REAR YARD AND SIDE YARD VARIANCES SOUGHT: The proposal is to allow the retention of the following building features which were constructed without the required permits: (1) an approximately 10 feet-deep, full building-width single-story extension at the rear of the structure [consisting of a recently constructed 6 foot-deep portion and a previously constructed roughly 4 foot-deep portion]; (2) an approximately 20 foot-deep, 8 foot-wide single-story garage structure on the ground level of the southwestern portion of the structure, and; (3) an approximately 12 foot-deep, 8 foot-wide single-story addition located on the second level directly above the aforementioned garage structure. The project would also allow the proposed enclosure of an existing 90 square foot deck area located directly above the entrance to the aforementioned garage.

    Planning Code Section 134(a)(1) requires that within the RH-1(D) District each property provide a minimum rear yard equal to 25 percent of the total lot depth. This equates to a minimum required rear yard of roughly 25 feet at the subject property. The aforementioned rear existing additions which were built without permit leave a rear yard of only 15 feet.

    Planning Code Section 133 requires that side yards of a minimum of 3 feet on each interior lot line be provided for portions of lots in RH-1(D) Districts which are between 31 and 40 feet in width. The aforementioned front additions - both those built without permit and those currently proposed - are located on such a portion of the subject property and provide a side yard along the western side lot line of between 2½ feet and 1 foot.

(BEN FU)

21. 2004.0326V: 910 SHOTWELL STREET, west side, between 23rd and 24th Streets; Lot 071 in Assessor's Block 3641, in a RH-3 (Residential, Three-Family) District with a 40-X Height and Bulk Designation.

    REAR YARD VARIANCE SOUGHT: The proposal is to construct a new third story and a rear addition on the second story that encroach into the required rear yard on an existing two-story, two-family dwelling.

    Planning Code Section 134(a)(2) requires that all lots in a RH-3 District to have a minimum rear yard depth equal to 45 percent of the total depth of the lot on which the building is situated. The subject lot has a rear yard requirement of approximately 55'-2", or 45 percent of the lot depth. The existing building encroaches into the required rear yard by approximately 16'-2", leaving an existing rear yard of 39'-0", or 32 percent of lot depth. The new top story and the second floor extension encroach approximately 24'-4" into the required rear yard, leaving a rear yard of approximately 30'-8", or 25 percent of lot depth.

    Planning Code Section 134(c)(1) requires if and where a rear yard is reduced, the last 10'-0" of building depth must be limited to a maximum height of 30'-0". The proposed building is 40'-0" in height.

    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.

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