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Seal of the City and County of San Francisco
City and County of San Francisco
February 23, 2005PLANNING 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, February 23, 2005

Session Begins at 9:30 A.M.

Public Hearing

    Lawrence 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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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.

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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, February 23, 2005, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(ELAINE TOPE)

1. 2004.1086V: 917-919 FULTON STREET south side between Fillmore and Steiner Streets. Assessor's Block 0798, Lot 019 in an RH-3 (House, Three-Family) District, a 40-X Height and Bulk District, and the Alamo Square Historic District.

            REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to remove the existing deteriorating rear stair and construct a one-story, horizontal addition at the rear of this two-unit building. The addition consists of an approximately 50 square foot enclosed porch, an approximately 50 square foot stair landing deck, and new stairs leading from the second floor to the rear yard.

            Section 134 of the Planning Code requires a minimum rear yard depth equal to 45 percent of the total lot depth. The required rear yard for the 137-foot deep subject lot is 62 feet. The proposed lot depth is 44 feet.

            Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building encroaches into the required rear yard, it is considered a legal non-complying structure. The expansion of the non-complying structure would be contrary to Section 188.

            The subject Colonial Revival style building is located in the Alamo Square Historic District and listed on the City's 1976 Architectural Survey. The proposed addition to this two-story wood frame, early 20th century residential building, also requires a Certificate of Appropriateness. A Certificate of Appropriateness was granted during a San Francisco Landmarks Board Hearing on February 2, 2005, Case Number 2005.0033A

(MARY WOODS)

2. 2004.0922V: 6300 FULTON STREET, northwest corner at 39th Avenue; Lot 012C in Assessor's Block 1682, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

            REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a new three-story exterior staircase at the rear, and construct a new third-floor level, of which approximately 450 square feet (18 feet deep by 25 feet wide) would be within the required rear yard of the existing two-story single-family residence. The project would also include the addition of a second dwelling unit.

            Section 134 of the Planning Code requires that the minimum rear yard depth to be equal to 45 percent of the total depth of the lot or the average of adjacent buildings, but in no case less than 25 percent of the lot depth or 15 feet, whichever is greater. The required minimum rear yard would be approximately 40 feet. In this instance, an 18-foot portion of the existing building is already within the required rear yard.

            The proposed three-story rear staircase would be entirely within the required rear yard while approximately 18 feet of the third floor addition would be in the required rear yard.

            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 setback, it is considered a legal, non-complying structure. The proposed additions of rear staircase and third floor level are considered to be an expansion and intensification of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(GLENN CABREROS)

3. 2004.1048V: 1054 HAIGHT STREET, south side between Broderick and Baker Streets, Lot 016 in Assessor's Block 1236 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

            REAR YARD AND DWELLING UNIT EXPOSURE VARIANCES SOUGHT: The proposal is to construct a four-story, two-unit building at the undeveloped front portion of the lot and to retain the existing one-unit structure at the rear of the lot. The last 10 feet of the proposed building would project into a portion of the required rear yard at all levels of the building. Stairs and fire escapes are also proposed within portions of the required rear yard area.

            Section 134 of the Planning Code requires a minimum rear yard equal to 25 percent of the lot depth or 15 feet, whichever is greater, to be located between the new building at the front of the lot and the existing dwelling at the rear. The project proposes a 25-foot rear yard, where a 35-foot rear yard is required.

            Section 135 of the Planning Code requires dwelling units to face onto an open court which is 25 feet in every horizontal dimension. While the project proposes an approximately 25-foot deep by 27-foot wide area between the existing and proposed structures, stairs and fire escapes are proposed within the open court area, thus rendering the rear dwelling unit noncomplying with respect to dwelling unit exposure.

(SHARON YOUNG)

4. 2004.0978V: 1309 - 1311 BAKER STREET, west side between Post Street and Geary Boulevard, Lot 005 in Assessor's Block 1081 in an RH-3 (House, Three-Family) Zoning District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to legalize the construction of rear decks and egress stairs (approximately 20 feet wide by 12.5 feet deep by 20 feet high) located at the rear of an existing two-story, two-family dwelling. The decks and egress stairs abut the north property line and are setback 5 feet from the south property line. The subject property, with a lot depth of approximately 92 feet, has an existing rear yard of 26.5 feet. As constructed, the rear decks and egress stairs extend 12.5 feet beyond the rear building wall, leaving a rear yard setback of 14 feet.

            Section 134 of the Planning Code requires a rear yard area in an RH-3 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 28 feet. Although a portion of the rear decks and exit stairs could extend into the required rear yard as a permitted obstruction, as constructed, they extend approximately 2 feet further into the required rear yard and extend closer than 5 feet to any interior side lot line which is not allowed. A one-hour fire rated wall will be required along that portion of the deck/stairs adjacent to the north property line to a height of approximately 21 feet above grade.

(SARA VELLVE)

5. 2004.1044V: 255 - 257 MALLORCA WAY, west side between Beach Street and Capra Way; Lots 029 + 030 in Assessor's Block 442A in an RH-3 (House, Three-Family) District and 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to construct a deck at the rear of each unit in the two-unit, two-story over garage building. The decks will project six feet from the rear-building wall and will be approximately 15 feet, 6 inches wide. Each deck will project approximately six feet into the required rear yard at the second and third floor levels.

            Section 134 of the Planning Code requires a minimum rear yard depth of approximately 25 feet for the subject property, measured from the rear property line. The proposed decks would extend to within approximately 19 feet of the rear property line.

(TINA TAM)

6. 2004.1119V: 6 and 8 RAMONA STREET, west side, between 14th and 15th Streets; Lot 63 in Assessor's Block 3545 in an RH-3 (Residential, House, Three-Family) and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to demolish the two-story rear horizontal extension, approximately 12 feet wide by 12 feet deep and to construct a new two-story rear horizontal extension, approximately 11 feet wide and 12 feet deep. The proposal also includes a new deck at the second floor and reconstruction of rear stairs. The size of the proposed extension would be reduced from that of the existing.

            Section 134 of the Planning Code requires a minimum rear yard of 18 feet and 9 inches. The proposed extension would extend to 11 feet of the rear property line, encroaching approximately 7 feet 9 inches into the required rear yard.

            Section 136 of the Planning Code allows uncovered stairways and landings not extending to extend no more than 6 feet into the required rear year for any portion that is more than three feet above grade. The proposed one-story rear stairs would extend to 2 feet 6 inches of the rear property line, encroaching 9 feet into the required rear yard.

            Section 188 of the Planning Code does not permit expansion or modification to a noncomplying structure. The subject building is considered a legal noncomplying structure because a portion of the existing building already encroaches into the required rear yard. Therefore, the proposed reconfiguration of the noncomplying rear extension and stairs would be contrary to Section 188 and would require a Variance.

                      (MICHAEL SMITH)

7. 2004.0861V: 92 BROAD STREET, north side between Plymouth and San Jose Avenues; Lot 051 in Assessor's Block 7108 in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE: The proposal is to add a dwelling unit to the building at the front of the lot and horizontally enlarge the existing detached garage at the rear of the lot to accommodate the required off-street parking space for the new dwelling unit. A 13-feet wide by 21-feet deep horizontal addition would be constructed at the east side of the garage for a total garage size of 34-feet in width by 21-feet in depth.

            Section 134 of the Planning Code requires a minimum rear yard of approximately 56'-0" for the subject property, measured from the rear property line. The proposed garage addition would extend to the rear property line encroaching 56'-0" into the required rear yard.

          Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the garage already encroaches 56'-0" into the required rear yard, it is considered a legal noncomplying structure. Therefore its expansion as proposed would be contrary to Section 188.

(MICHAEL SMITH)

8. 2004.0937V: 1935-1947 15th STREET, south side between Landers and Dolores Streets; Lot 057 in Assessor's Block 3557 in a RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District.

            REAR YARD AND OPEN SPACE VARIANCES: The proposal is to add three dwelling units to the building at the front of the lot and legalize nine open parking spaces within the rear yard resulting in the removal of some required usable open space. A portion of usable open space that measure 15-feet in depth by 71-feet in width would be retained within the rear yard.

            Section 134 of the Planning Code requires a minimum rear yard depth of approximately 70'-0" measured from the rear property line and parking is not permitted within the rear yard. The parking spaces to be legalized are located within the required rear yard extending to the rear property line.

            Section 135 of the Planning Code requires for the subject property 80 square-feet of private usable space for each dwelling unit, or a total of 1,915 square-feet of common usable open space, or a sufficient combination of private and common open space. The legalization of the parking spaces within the rear yard would remove usable open space providing only 1,090 square-feet of common usable space.

            (MICHAEL SMITH)

9. 2004.1072V: 3539 MARKET STREET, east side between Romain Street and Grand View Avenue; Lot 010 in Assessor's Block 2747in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

            REAR YARD AND FRONT SETBACK VARIANCES: The proposal is to construct a one-story vertical addition at the front of the building and façade alterations. The addition would be set back 14'-8" from the rear building wall with a roof deck within the setback area and a fire escape for egress.

            Section 132 of the Planning Code requires a minimum front setback of approximately 3'-9" for the subject property, measured from the front property line. The proposed vertical addition would extend to within 2'-0" of the front property line with one corner encroaching 1'-9"" into the required front setback.

            Section 134 of the Planning Code requires a minimum rear yard of approximately 27'-0" for the subject property, measured from the rear property line. The proposed fire escape would extend to within 11'-6" of the rear property line encroaching approximately 15'-0" into the required rear yard.

            Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the building already encroaches 12'-0" into the required rear yard and 1'-9" into the required front setback, it is considered a legal noncomplying structure. Therefore expansion of the noncomplying portions as proposed would be contrary to Section 188.

                      (RICK CRAWFORD)

10. 2004.1054V: 836 ALVARADO STREET, north side between Douglass and Hoffman Streets, Assessor's Block 2775 Lot 019; in a RH-2 (Residential House Two Family) District, and within the 40-X Height and Bulk District.

            REAR YARD VARIANCE AND EXPANSION OF A NONCOMPLYING STRUCTURE SOUGHT: The proposal is to construct a horizontal and vertical addition to the rear of the existing dwelling that would include a new second story rear deck and stairs. The existing dwelling is noncomplying as it encroaches 10.5 feet into the required rear yard. The proposed new deck would extend an additional 5.5 feet into the required yard. The proposed third story will encroach 12 feet into the required rear yard.

            Section 134 of the Planning Code requires a 32 foot rear yard, the average of the rear yards on the adjacent properties to the sides, where a 26 foot rear yard is proposed.

            Section 188 of the Planning Code prohibits expansion of a noncomplying structure. The proposed construction will remove and replace the front façade remove and extend the rear wall and remove and replace most of the existing interior walls of the building.

            (JIM MILLLER)

11. 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)

12. 2004.0681V: 110 ALTA STREET, north side west of Montgomery Street, Lot 006 in Assessor's Block 0105, 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, who has determined that the proposed work is subject to a new Variance.

          Section 134, et seq., of the Planning Code sets forth standards for rear-yard areas, and requires a rear yard, open and clear from the ground up, of 17 feet in the Alta Street case. The balcony on the third floor and a potion of the stairway accessing it as well as the rear-yard stairs giving access to 331 Filbert Street are within this required open area.

(MARK LUELLEN)

13. 2004.00908V: 1139B GREEN STREET, south side between Hyde and Leavenworth Streets, Lot 090 in Assessor's Block 125 in an RH-3 (Residential, Three Family) District, and a 40-X Height and Bulk District.

          REAR YARD SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct an additional story above a portion of the existing one-story single family dwelling, which currently extends 12 feet into the rear yard. The subject site is almost landlocked, with only a 16-foot walkway providing access to Green Street. The parcel has three non-complying structures comprising two dwelling units built in the required rear yard, with the majority of the buildable area and the walkway as its usable open space.

          Section 134(a)(2) of the Planning Code requires that a building which contains dwellings in the RH-3 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 3 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. The existing building encroaches into the required rear yard by 12 feet and therefore is considered a legal non-complying structure. The proposed vertical addition increases the discrepancy between the required rear yard and the actual yard provided.

(MARK LUELLEN)

14. 2004.1009V: 168 HYDE STREE, east side, southeast corner at Turk Street, Lot 0345 in Assessor's Block 012A in an RC-4 (Residential-Commercial Combined, High Density) District, and 80-T Height and Bulk District.

          REAR YARD AND DWELLING UNIT EXPOSURE MODIFICATION SOUGHT: The subject property is developed with a single story commercial garage building. The proposed project would demolish the existing building and construct a thirty-one unit residential building over basement where eleven independently accessible parking spaces would be provided. The total project would consist of approximately 18,000 square feet and be forty feet high.

          Section 134(a)(1) of the Planning Code requires that a building which contains dwellings in RC-4 Districts have a minimum rear yard depth equal to 25 percent of the total depth of the lot on which the building is situated but not less than 15 feet at the levels that contain dwelling units.

          Section 134(a)(f) of the Planning Code allows for the rear yard requirement in buildings in the North of Market Residential Special Use District to be modified in specific situations. On this site (47.50" X 102.50'), the required rear yard would be approximately 36 feet at the first residential level of the Proposed Project, equaling approximately 1235 square feet. The Proposed Project would provide an equivalent rear yard on the east side of the Proposed Project adjacent to the existing interior block open space and would equal approximately 1270 square feet.

          Section 140(2) of the Planning Code requires that at least one room within a dwelling unit face directly onto space that is not less than 25 feet by 25 feet for the floor where the dwelling unit is located, and after the second floor of dwelling units, an increase of five feet in every dimension for each additional floor is required. Fifteen of the proposed dwelling units on floors 1 through 4 would face onto a rear yard that does not meet the requirements of the Code.

(DAN DIBARTOLO)

15. 2004.1046V: 1448 PINE STREET, north side between Larkin and Polk Streets, Lots 030 and 031 in Assessor's Block 0645 in the Polk Street Neighborhood Commercial District (NCD) and a 40-X Height and Bulk District.

          USABLE OPEN SPACE AND COMMERCIAL OFF-STREET PARKING VARIANCES SOUGHT: The proposal is to convert approximately 1,100 square feet of existing office space at the second floor level to two residential dwelling units within the three-story over basement mixed-use structure. Two existing commercial off-street parking spaces within the garage would be utilized for required off-street parking for the new dwelling units, meeting the residential parking requirement, but causing a loss of two required commercial spaces.

          Section 135 of the Planning Code provides that each dwelling unit in the Polk Street Neighborhood Commercial District shall have a minimum of 60 square feet of private usable open space or 80 square feet of common usable open space. The current proposal does not provide the required open space for both of the proposed dwelling units. The total amount of common usable open space required for the proposed two dwelling units would be 160 square feet, requiring a variance for usable open space.

          Section 150 (d) of the Planning Code requires that once any off-street parking space has been provided which wholly or partially meets the Planning Code, such off-street parking shall not thereafter be reduced, eliminated or made unusable in any manner. The required number of off-street parking spaces for existing uses is 26 parking spaces. Converting two of the parking spaces currently utilized for commercial off-street parking to use by the new dwelling units causes a shortfall of two commercial spaces.

(BEN FU)

16. 2004.1068V: 431 TEHAMA STREET, south side, between 5th and 6th Streets; Lot 092 in Assessor's Block 3732, in the South of Market Residential Service District (RSD) with a 40-X/85-B Height and Bulk Designation.

          REAR YARD AND STREET TREES VARIANCE SOUGHT: The proposal is to convert the second floor space of a two-story commercial/industrial building into a single-family dwelling without the required rear yard and street trees. The project also proposes a new third floor as part of the new dwelling unit.

          Planning Code Section 134(a)(2) requires that all lots in the RSD District provide a minimum rear yard depth equal to 25 percent of the total depth of the lot on which the building is situated at the lowest story and succeeding level containing a dwelling unit. The required rear yard for the subject lot would be approximately 20'-0". The existing building has a rear yard of 5'-8". The project provides the minimum required rear yard at the new third floor but not at the second floor, because the building already is built out at that level. The project does not expand the existing building horizontally.

          Planning Code Section 143 requires one street tree be provided for each 20 feet of frontage. No street trees are proposed.

(KATE McGEE)

17. 2004.1116V: 1301 - 19TH STREET, southwest corner of Texas Street; Lot 22 in Assessor's Block 4066, in an RH-2 (Residential, House, Two-Family) with a 40-X Height and Bulk Designation.

          LOT SIZE VARIANCE SOUGHT: The proposal is to adjust the common lot line of two adjacent lots, which would result in a lot that is substandard for lot size. Both existing lots are substandard for lot size in that they do not meet the minimum lot area of 1,750 square feet.

          Planning Code Section 121(e)(2) requires a minimum lot size of 1,750 square feet. The proposal is to adjust the lot line between Lot 22 (at 1301- 19th Street) and Lot 21 (1317-1319 - 19th Street), shifting the lot line eastward approximately 11.5 feet. The effect of this lot line adjustment would be to reduce the size of Lot 22 from 1,686 square feet to 1,412 square feet. The project does not propose changes to the building envelope.

(MAT SNYDER)

18. 2004.1023V: 1541 ALABAMA STREET, Lot 013 in Assessor's Block 5505, east side between Cesar Chavez Street and Precita Avenue, in an RH-2 (House, Two-family) District, the Bernal Height Special Use District, and a 40-X Height and Bulk District.

          PARKING VARIANCE SOUGHT: The proposal is to construct an approximately 400 square foot addition at the rear of the house that would be built in generally the same location as an existing deck, but would extend to the southern side property-line. The addition would extend 45-feet from the rear property-line. The one story addition would also include an enclosed stair extending to the second story along the southern side property-line.

          Planning Code Section 242(e)(4)(B) requires that additions that include more than 200 square feet provide the number of parking space required for new construction in RH-2 Districts within the Bernal Height Special Use District. The proposed project includes adding approximately 400-square feet without providing an additional parking space.

(WINSLOW HASTIE)

19. 2004.1177V: 53 COLERIDGE STREET, east side between Esmeralda and Coso Avenues; Lot 030 in Assessor's Block 5610A, in an RH-2 (Residential, House, Two-Family) Zoning and a 40-X Height and Bulk District.

          CURB CUT VARIANCE SOUGHT: The proposal is to add two new ground floor parking spaces with a 16-foot wide curb cut.

          Planning Code Section 242(e)(5) for the Bernal Heights Special Use District, limits curb cuts to a maximum width of 10 feet and a maximum garage door width of 12 feet. The proposal is to create a 16-foot curb cut to access two 8-foot wide garage doors. This project proposes to add a dwelling unit in the existing basement and to excavate to provide space for the two off-street parking spaces. The subject lot is 70-feet deep and slopes steeply upward from the front property line.

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