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July 27, 2005

PLANNING 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, July 27, 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.

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, July 27, 2005, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(MARY WOODS)

1. 2004.0673V: 700 - 4th AVENUE, southeast corner at Cabrillo Street; Lot 031 in Assessor's Block 1646, in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District. The lot is rectangularly shaped with a frontage of approximately 31 feet, and a depth of approximately 87 feet, for a total lot area of approximately 2,700 square feet. The existing four-story building is used as a church facility on the lower two floors and a dwelling unit on the upper two floors.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to (1) demolish and rebuild the existing two-story rear extension (approximately 10 feet wide by 10 feet deep by 21 feet tall) currently used as a bathroom, a water heater room and a pastor's room to a two-story elevator with a machine room; and (2) replace the existing two-story exterior open staircase (approximately 13 feet tall) along the west property line with a new enclosed L-shaped staircase.

Section 134 of the Planning Code requires that the minimum rear yard depth be equal to 25 percent of the total depth of the lot, but in no case less than 15 feet. The required minimum rear yard would be approximately 22 feet. In this instance, the existing two-story rear structure and staircase are already within the required rear yard (ten feet and five feet from the rear property line respectively). The proposed two-story elevator and staircase would be located in the same area and within 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 reconfiguration of the rooms and staircase are considered to be an expansion of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(SARA VELLVE)

2. 2005.0228V: 124 - 126 - 128 FILLMORE STREET, southeast corner of Germania and Fillmore Streets; Lot 021 in Assessor's Block 0868 in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a garage and stair penthouse in the required rear yard of the three-story, three-family dwelling. The three-car garage with a roof deck and entrance on Germania Street, would have approximate dimensions of 10 feet wide at the sidewalk, 18 feet deep, and 17 feet high (with 3 foot open railing above). The height of the garage is to accommodate a three-car parking lift. The stair penthouse (above the dwelling units) would be approximately 8 feet high. As the features are located within the required rear yard and on top of a noncomplying structure, variances are required.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 20 feet for the subject property, measured from the rear property line. The garage would abut the rear property line, and the stair penthouse would be set back approximately 17 feet from the rear property line, on the roof of the existing dwelling units.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. As the existing building is already built within the required rear yard it is considered a legal noncomplying structure. Therefore, the expansion is contrary to Section 188.

(ELAINE TOPE)

3. 2005.0265V: 2950-2954 LAGUNA STREET, east side between Filbert and Union Streets. Lot 022A in Assessor's Block 0530, 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 three-story subject building contains two dwelling units. The proposal is to construct a new fourth floor, which will cover all but an approximately 7'-6" portion of the roof at the front of the building.

Section 134 of the Planning Code requires that the rear yard in an RH-2 District shall be equivalent to 45 percent of the total lot depth, or when using the average of the two adjacent rear yards, not less than 25 percent of the total lot depth or 15 feet, whichever is greater. When using the averaging

method, the last 10 feet of the building depth permitted on the subject lot, is restricted to a height of 30 feet. Using the averaging method for the proposed project, the required rear yard depth for the 43-foot deep subject lot, is 15 feet. Thus, the last 5 feet of the proposed 4TH floor would be located within 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 encroaches approximately 5 feet 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.

(DANIEL SIROIS)

4. 2005.0207V: 44 VICKSBURG STREET, west side, between 22nd & 23rd Streets, Lot 047, Assessor's Block 3627, located in an RH-2 (Residential, House, Two Family) District and in a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to reconstruct and intensify the one-story projection at the rear of the property. The improvements include the addition of a second story, with pitched roof, over the existing one-story projection at the rear of the house and a one-story 4-foot by 9-foot horizontal projection further into the rear yard.

Planning Code Section 134 requires a rear yard equal to 45 percent of the subject lot's depth or 58 feet. The proposal requires a variance because the addition projects into the required rear yard and does not conform to the envelope of a rear yard permitted obstruction.

(TOM WANG)

5. 2005.0109V: 64 VICKSBURG STREET, west side between 22nd and 23rd Streets; Lot 013 in Assessor's Block 3627 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 construct an independent two-car garage with a roof deck above. The proposed garage would occupy the rear portion of the subject lot with its entrance fronting on Blanche Alley. The proposal would also include a one-story tall walkway along the north side lot line, connecting the proposed garage and the existing three-story, two-family dwelling.

Section 134(c)(1) of the Planning Code requires a minimum rear yard of 45 feet, measured from the rear property line, for the subject lot. The proposed garage and one story walkway would encroach entirely into the required rear yard.

Section 136 (29) of the Planning Code allows the subject through lot to contain a garage if both adjoining lots contain a garage structure adjacent to the required rear yard on the subject property, provided the garage on the subject property does not exceed the average of the two adjacent garage structures in either height above grade or encroachment upon the required rear yard. The proposed garage on the subject property would not meet the requirement for average height of the two adjacent garage structures.

(DANIEL SIROIS)

6. 2005.0208V: 85 ALLSTON WAY, south side, between Clairmont and Ulloa, Lot 002, Assessor's Block 2978, located in an RH-1(D) (Residential, House, One Family, Detached) District and in a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a driveway leading to a new two-car garage in a newly excavated basement at the rear of the existing single-family dwelling. The construction of a new deck and bay window off the existing ground level floor where the existing garage is currently located is also proposed.

Planning Code Section 134 requires a rear yard equal to 25 percent of the lot depth. The proposed 10-foot deck and three-foot bay project into the required 25-foot rear yard and require a variance under the Planning Code.

Planning Code Section 188 does not allow the intensification of a non-complying building. The existing building encroaches seven-feet into the required rear yard. The proposed deck and bay window intensify the degree of non-compliance and therefore trigger a variance under Section 188.

(MICHAEL SMITH)

7. 2005.0254V: 1209-11 SANCHEZ STREET, east side between 25TH and Clipper Streets; Lot 027 in Assessor's Block 6549 in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal is to demolish the existing required egress stairs at the rear of the building and construct replacement stairs that abut the north and east property lines. The stairs would measure approximately 7'-6" in width, 13' in depth, and 22' in height above grade. New one-hour firewalls would be required where the stairs abut the property lines.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 20'-5" for the subject property, measured from the rear property line. The proposed stairs would extend to the rear property line encroaching 20'-5" into the required rear yard.

Section 188 of the Planning Code prohibits the voluntary replacement or enlargement of a noncomplying structure. Because the existing rear stairs already encroach approximately 16' into the required rear yard, it is a legal noncomplying structure. Therefore, its replacement and enlargement as proposed would be contrary to Section 188.

(TINA TAM)

8. 2005.0222V: 1306 SANCHEZ STREET, west side, between 26th and Cesar Chavez; Lot 2 in Assessor's Block 6564 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to legalize deck and stairs located in the required rear yard constructed without the benefit of permits. The new deck, measuring approximately 17 feet wide, seven feet deep, and nine feet high, is larger than the previously existing noncomplying one. The property is in the RH-2 District.

Section 134 of the Planning Code requires a minimum rear yard of 21 feet six inches. The proposed extension would extend to 14 feet of the rear property line, encroaching approximately seven 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 the previously existing rear deck and stairs encroached into the required rear yard. Therefore, the proposed reconstruction and enlargement of the noncomplying rear deck and stairs would be contrary to Section 188 and would require a Variance.

(TINA TAM)

9. 2005.0223V: 4138 AND 4140-20th STREET, northeast corner of Hartford and 20th Streets; Lot 24 in Assessor's Block 3602 in an RH-1 (Residential, House, One-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to allow construction of new firewall and stairs in the required rear yard. The property also includes modification to the rear portion of the existing building, a noncomplying and nonconforming structure, pursuant to Planning Code Sections 134 and 188. The property is in the RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Section 134 of the Planning Code requires a minimum rear yard of 24 feet six inches. The proposed extension would extend to approximately 22 feet of the rear property line, encroaching approximately two feet six inches into the required rear yard.

Section 188 of the Planning Code does not permit modification to a noncomplying building. The subject building is considered legal noncomplying because the existing rear portion of the building encroaches into the required rear yard. It is also considered legal nonconforming because the property also contains three legal dwelling units, two more units than what is permissible in the RH-1 District. Therefore, the proposed modification of rear portion of the building would be contrary to Section 188 and would require a Variance.

(ADAM LIGHT)

10. 2005.0234V: 700 MONTGOMERY STREET (a.k.a. 586 WASHINGTON STREET), northeast corner of the intersection with Washington Street and also abutting Hotaling Street to the east; Lot 9 in Assessor's Block 196. The subject property is in a C-2 (Community Business) District, the Washington-Broadway Special Use District, the Jackson Square Historic District, and a 65-A Height and Bulk District.

REAR YARD, OPEN SPACE, DWELLING UNIT EXPOSURE, AND PARKING VARIANCES: The proposal is to convert the original office use on the upper two levels to approximately 12 dwelling units, retaining the ground level retail uses fronting on Washington Street. The new residential units will not occupy the portion of the property designated as Landmark No. 212, the Columbia Savings Bank.

Planning Code Section 134 requires a rear yard equaling 25% of the lot depth. The subject lot is 81 feet deep, resulting in a required rear yard of approximately 20 feet. The original building envelope occupies the entire lot; therefore a rear yard variance of approximately 20 feet is requested.

Planning Code Section 135 requires 36 square feet of private open space for each dwelling unit, or 48 square feet of common open space for each dwelling unit. There is not sufficient space on the property to provide the required 576 square feet of common usable open space, except for possibly a roof deck, which would require a stair penthouse addition. In order to minimize rooftop additions to this contributory building to Jackson Square Historic District, the project sponsor is requesting a 576 square-foot open space variance.

Planning Code Section 140 requires that each unit have one major room that faces either a public street measuring at least 25 feet in width, a code complying rear yard, or an interior court that measures 25 feet in every horizontal dimension increasing by five feet at each successive level above the second floor. Two units will face solely onto an interior light court that is just short of the required dimensions in one direction due to a small 3 X 7-foot notch in the property line at a rear corner of the light court. Therefore a dwelling unit exposure variance is requested for 2 of the proposed 12 units.

Planning Code Section 151 requires that there be one parking space for each new unit constructed in a C-2 District as well as the Washington Broadway Special Use District. Therefore, 12 parking spaces are required for the proposed project, which contains 12 units. Because the a portion of the subject building is a San Francisco Landmark and the entire property is a contributor to the Jackson Square Historic District, an automobile entrance on either the Washington Street, Montgomery Street or Hotaling Street facades would not be compatible with the historic character of the building or the neighborhood. Therefore a 12-space parking variance is requested.

(MICHAEL LI)

11. 2005.0231V: 840 UNION STREET, north side between Mason and Taylor Streets; Lot 043 in Assessor's Block 0100 within the RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposed project is (1) the addition of a partial fourth floor to a noncomplying building, a portion of which would be within the required rear yard and (2) the addition of a new deck and stairs at the rear of the building.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 61 feet, 11 inches for the subject property, measured from the rear property line. The proposed addition on the fourth floor would encroach approximately 26 feet into the required rear yard, and the proposed deck and stairs would encroach approximately 35 feet, 6 inches 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 encroaches into the required rear yard and is considered a legal noncomplying structure. The proposed expansion would be contrary to Section 188.

(MARK LUELLEN)

12. 2004.0924V: 843-847 MONTGOMERY STREET, west side between Pacific and Jackson Streets. Assessor's Block 0176, Lots 003 and 003A. The subject property is a Compatible building within the Jackson Square Historic District, in a C-2 (Community Business) District and a 65-A Height and Bulk District.

REAR YARD VARIANCE SOUGHT: Section 134 of the Planning Code requires a rear yard area in a C-2 Zoning District to be equivalent to 25 percent of the total lot depth. Lot 003 is rectangular and requires a rear yard of approximately 28 feet. Lot 003A is irregularly shaped and its required rear yard varies from 15 feet to about 28 feet. The project as proposed would reuse the 3-story existing historic building that entirely covers both lots.

OFF-STREET PARKING VARIANCE SOUGHT: Section 151 of the Planning Code requires that for dwelling units in C-2 Districts, one off-street parking space is required for each dwelling unit. The project proposes 13 dwelling units, which would require 13 off-street parking spaces. The project would provide 9 off-street parking spaces in the basement of the existing historic building, which would be accessed from Jerome Alley.

DWELLING UNIT EXPOSURE VARIANCE SOUGHT: Article 1.2, Section 140 requires at least one room within a dwelling unit to face directly on a qualifying open area. The project proposes 7 units that do not face a code compliant open area.

The project would change office use to 13 residential units, with ground floor retail, and parking in the basement for 9 cars. A two-story roof top addition and penthouse would be constructed, which would be set back from the façade in steps. The new fourth floor would be set back 17 feet, the new fifth floor 30 feet, and the penthouse 39 feet from the street façade.

(MAT SNYDER)

13. 2005.0043AV: 40-44 FAIR OAKS STREET, Lot 044 in Assessor's Block 3618, west side between 21st Street and 22nd Street, in an RH--3 (House, Three-family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT. The proposal is to add a horizontal addition along the north property-line at the rear or the structure. The addition would extend 6-feet from the existing structure at the second story for a width of 11-feet above a non-complying garage.

Planning Code Section 134(c) requires a 29.33-foot rear yard measured from the rear property line. The new rear yard addition would extend to 24-feet from the rear property-line.

Planning Code Section 188 restricts a non-complying structure where there is a discrepancy between the existing condition and the condition permitted under the existing Planning Code from becoming more non-complying by increasing the discrepancy. The existing structure is non-complying because the ground level garage extends approximately 17.5-feet into the required rear yard. The new addition would make the structure's discrepancy greater by extending the second story into the required rear yard by approximately six-feet.

(BEN FU)

14. 2005.0293V: 1850 PALOU AVENUE, north side, between Quint and Dunshee Streets; Lot 024 in Assessor's Block 5320, in a RH-1 (Residential, One-Family) District with a 40-X Height and Bulk Designation.

LOT SIZE VARIANCE SOUGHT: The proposal is to subdivide a 4,000 square-foot through lot into two lots. One lot would have an existing two-story, two-family dwelling and would be approximately 2,313 square feet with frontage on Palou Avenue and Drummond Alley. The other lot would be a vacant lot of approximately 1,687 square feet with frontage on Palou Avenue. The new vacant lot would allow the construction of a single-family dwelling. No work is proposed for the existing dwelling.

Section 121(e) of the Planning Code requires a minimum lot size of 1,750 square feet for all newly created lots within 125 feet of an intersection. The newly created east lot would be 1,687 square feet.

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