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October 26, 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, October 26, 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, October 26, 2005, City Hall,  1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

 

 

9:30 A.M.

 

A.               CONSENT CALENDAR

 

All items listed hereunder constitute a Consent Calendar and are considered to be routine  by the Zoning Administrator.  There will be no separate discussion of these items unless a member of the public so requests, in which case the matter shall be removed from the Consent Calendar and considered as a separate item at this time or at a future hearing.

 

 

 

(ELAINE TOPE)

 

1.         2005.0534V:    1626 – 1630 BRODERICK STREET, east side between Bush and Sutter Streets; Lot 014 in Assessor’s Block 1052 in an RH-3 (Residential, House, Three-Family) District and a 40‑X Height and Bulk District. 

 

REAR YARD, USABLE OPEN SPACE AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to construct a three-story-over-basement 32 square foot addition at the rear of a three-story-over-basement building containing three dwelling units.   The addition would infill an approximately 8 foot by 4 foot notch between the existing enclosed rear porch and the south property line at all four levels.

 

Section 134 of the Planning Coderequires that the rear yard in an RH-3 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.  Using the averaging method, the required rear yard depth for the 90-foot deep subject lot is 22.5 feet, which is 25% of the lot depth.  The rearmost portion of the addition encroaches within approximately 7 feet of the rear property line and is therefore entirely within the required rear yard. 


 

 

 

Section 135 of the Planning Code requires a minimum of 100 square feet of open space per dwelling unit in an RH-3 district.  Three dwelling units would require a total of 300 square feet of private or 400 square feet of common open space.  The proposed project contains 170 square feet of common open space and therefore requires a variance from Section 135.

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.  Therefore the project as proposed, is contrary to Section 188.

 

 

(SARA VELLVE)

 

2.         2005.0499V:    86 CLARENDON AVENUE, north side west of Twin Peaks Boulevard; Lot 029 in Assessor’s Block 2688 in an RH-1 (D) (House, One-Family) (Detached Dwelling) District and a 40-X Height and Bulk District.

 

sideYARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct an egress walkway and egress stairs within the required side yards of the existing two story at the front, three story at the rear single-family dwelling. Four-foot side yards are required on each side of the lot. An egress deck is proposed at the west side of the first floor above grade at the rear and would encroach approximately three feet into the required side yard. An egress stair is proposed at all levels at the east side of the structure and would project approximately four feet into the required side yard. Solid fire walls would be constructed to the top of any railings within three feet of the property lines.

 

Section 133 of the Planning Code requires side yards for the subject property; all structures must be set back a minimum of four feet from each side property line. The proposed deck would extend to within approximately one foot of the west side property line, and an egress stair would extend to the east side property line, each encroaching into the required side yards.

 

 

                                                                                                                        (MICHAEL SMITH)

 

3.         2005.0917V:    3275-79 16th STREET, south side between Dolores and Guerrero Streets; Lot 035 in Assessor’s Block 3567 in a RM-1 (Residential, Mixed, Low-Density) District and a 40‑X Height and Bulk District.

 

REAR YARD VARIANCE:  The proposal is to construct required egress stairs at the rear of the building.  The previous stairs were removed but never replaced.  The stairs would measure 6’-6” in depth, 13-feet in width, and 25-feet in height above grade and include a 23-feet tall solid firewall along the west side property line. 


 

 

 

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 27’-6” measured from the rear property line.  The proposed stairs would extend to within approximately 6-feet of the rear property line encroaching 21’-6” into the required rear yard. 

 

Section 188 of the Planning Code prohibits the voluntary replacement or enlargement of a non complying structure.  Because the stairs were voluntarily removed and they encroached into the required rear yard, they are considered a legal non complying structure.  Therefore their voluntary replacement and enlargement as proposed would be contrary to Section 188.           

 

                                                                                                                        (MICHAEL SMITH)

 

4.         2005.0697V     822 NOE STREET, west side between 21st and Hill Streets; Lot 005 in Assessor’s Block 3622 in a RH‑2 (Residential, House, Two‑Family) District and a 40‑X Height and Bulk District.

 

REAR YARD VARIANCE:  The proposal is to remove the rear portion of the building and the first floor rear deck.  The rear portion of the building would be reconstructed such that it is one-story taller than the existing rear extension.  At the top floor the addition would be set back 8-feet from the rear wall with a roof deck in the setback area.  The new deck would remain the same height as the existing deck but would extend to the south side property line, and circular stairs would replace the existing stairs. 

 

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 47’-3” measured from the rear property line.  The proposed deck and addition would extend to within approximately 30-feet of the rear property line encroaching 17’-3” 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 deck and rear portion of the building already encroach 17’-3” into the required rear yard, the building is considered a legal noncomplying structure.  Therefore their voluntary replacement and enlargement as proposed would be contrary to Section 188.     

 

                                                                                                                                    (TOM WANG)

 

5.         2005.0576V:    381 SAN BENITO WAY, east side between Ocean Avenue and Upland Drive; Lot 023 in Assessor’s Block 3267 in an RH-1 (D) (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District.

                 

SIDE YARD VARIANCE SOUGHT: The proposal is to remove an existing exterior stairway on the southeast corner of the one-story over garage, single-family dwelling and construct a new side yard stairway with a one-hour rated wall along the south side lot line.


 

 

 

Section 133 (a)(4) of the Planning Code requires two open and unobstructed side yards, each of four feet, for lots with a width of 40 feet or more but less than 50 feet, such as the subject lot. The proposed side yard stairway with a one-hour rated wall would extend to within 8-inches of the south side lot line, encroaching 2 feet 4 inches into the required south side yard.

 

Section 188 of the Planning Code prohibits the enlargements or alterations of a noncomplying structure. Since the existing stairway already encroaches into the required south side yard, it is considered a legal noncomplying structure. Therefore, the proposed side yard stairway longer, and taller than the existing one, would result in the enlargement of a noncomplying structure.

 

 

 

 

                                                                                                                        (TOM WANG)

 

6.         2005.0631V     22 TARAVAL STREET, north side between Cortes and Montalvo Avenues; Lot 001D in Assessor’s Block 2925 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 construct additions to the existing two-story over garage, single-family dwelling. The proposed work on the second floor includes the enclosure of a semi-covered west side patio and an in-fill of the northeast building notch with a deck and stairs connecting with the rear yard. The proposed work on the third floor includes the  enclosure of a rear roof deck and the addition of a fire escape above the proposed second floor deck.

 

Section 134 (a)(1) of the Planning Code requires a rear yard of 25 feet, measured from the rear property line of the subject lot. The proposed additions on the second and third floors would both extend within 22 feet of the rear property line, encroaching 3 feet into the required rear yard the same as the ground floor.

 

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

 


 

 

 

                                                                                                                                          (BEN FU)

 

7.         2005.0572V:    1468 SOUTH VAN NESS AVENUE,    west side, between 25th and 26th Streets and backing on Cypress Street; Lot 010 in Assessor’s Block 6527, in an RM-1 (Residential, Mixed – Low Density) District with a 50-X Height and Bulk Designation.

 

OPEN SPACE VARIANCE SOUGHT: The project proposes to demolish the existing 13’-0” x 22’-0” carport and to expand the existing single level garage 13’-0” in width to the north into the area currently occupied by the carport.

 

Planning Code Section 135(g) requires a common usable open space to be at least 15’-0” in every horizontal dimension and a minimum area of 300 square feet.  The subject lot is non-complying because it does not have the minimum dimension of 15’-0”.  The proposal eliminates approximately 290 square feet of existing open space.

 

Planning Code Section 188 prohibits intensification or increase in any discrepancy at any level of a non-complying structure/lot.  The existing lot is non-complying in terms of open space.  The proposal intensifies the existing non-complying open space.

 

 

B.                           REGULAR CALENDAR

 

(MARY WOODS)

 

8.         2005.0454V:    556 FUNSTON AVENUE, east side between Balboa and Anza Streets; Lot 037 in Assessor's Block 1555, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The subject building, authorized as a single-family residence, is three stories over garage. 

 

REAR YARD VARIANCE SOUGHT: The existing single-family building contains an illegal dwelling unit on the ground floor, which will be removed. The proposal is to enclose a portion of the third floor rear deck (approximately 11 feet wide by 4 feet deep) and incorporate the space into the adjacent bedrooms; to construct a one-story L-shaped addition at the rear of the second floor, a portion of which would be within the required rear yard; and to enclose an existing open space on the ground floor for a new parking space, a portion of which would be within the required rear yard.

 

Section 134 of the Planning Code requires the minimum rear yard depth to be equal to 45 percent of the total depth of the lot. The required minimum rear yard would be approximately 54 feet.  A 4-foot portion of the existing building and portions of the new addition (a 4-foot portion along the north property line on the ground floor; a 5-foot portion along the south property line and a 9-foot portion along the north property line on the second floor) are within the required rear yard.

 

 

(MARY WOODS)

 

9.         2005.0523V:    2156 - 58 BUSH STREET, north side between Fillmore and Webster Streets; Lot 013 in Assessor's Block 0660, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.  The existing building is situated on a through lot fronting on both Bush and Wilmot Streets.

 

REAR YARD, DWELLING UNIT EXPOSURE AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The existing single-family building (2 stories over basement portion on Bush Street and 1-story portion on Wilmot Street) occupies the entire length (approximately 127 feet) of the lot.  The proposal is to demolish and rebuild an area of approximately 21 feet by 11 feet one-story with roof deck and stairs on the east side of the property; demolish the entire 45-foot rear portion of the building which fronts on Wilmot Street, and to construct a new two-story single-family building (approximately 25 feet wide by 33 feet deep by 22 feet tall) fronting on Wilmot Street. A 12-foot deep courtyard extending across the entire width of the lot would separate the front building and the new rear building. The project would include the addition of a second dwelling unit within the new structure fronting on Wilmot Street.

 

Section 134 of the Planning Code requires the minimum rear yard depth to be equal to 45 percent of the total depth of the lot.  The required minimum rear yard would be approximately 57 feet.  A 16-foot portion of the front building and the entire new rear building with a spiral staircase will be within the required rear yard.

 

Section 140 of the Planning Code requires that every dwelling unit in any use district shall face directly on an open area, such as a public street, a public alley or court yard at least 25 feet in width.  The new dwelling unit in the rear building will face Wilmot Street, a public alley, which is only 20 feet in width.

 

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 a rear unit with a spiral staircase (facing Wilmot Street), and the replacement of the 12-foot by 7-foot portion of the main building 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. 

 

 

(TINA TAM)

 

10.       2005.0580V     2218 CASTRO STREET, west side, between Valley and 29th Streets; Lot 35 in Assessor’s Block 7536 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

 

EXPOSURE / REAR YARD VARIANCE SOUGHT:  The subject property currently contains a non-complying one-story, single-family dwelling near the rear of the property.  The dwelling is considered non-complying because it is located in the required rear yard.  The proposal is to construct a new three-story, single-family dwelling in front the existing non-complying dwelling.

 

Section 140 of the Planning Code requires at least one room of each unit to face on to a public street or a code complying rear yard.  Because the proposed new dwelling will be directly in front of the existing dwelling at the rear, the existing dwelling at the rear will no longer have exposure to the street and will thereby need exposure to the open area in between the two dwelling structures.  Whereas the required rear yard is 25 percent of the total lot or 26 feet between the existing and proposed dwelling structures, the proposed distance between the existing and proposed dwellings will be approximately 20 feet.

 

 

                                                                                                                       

                                                                                                                        (RICK CRAWFORD)

 

11.       2005.0576V:    80 URANUS TERRACE, west side between Demming and 17th Streets, Assessor’s Block 2655 Lot 012; in an 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 second floor addition to the rear portion of the existing dwelling.  The existing dwelling extends 25 feet 5 inches into the required rear yard.

 

Planning Code Section 134 requires a 41-foot 5-inch rear yard, where a 16-foot rear yard is proposed. 

 

Planning Code Section 188 prohibits the expansion of a noncomplying structure that increases the structures degree of noncompliance.

 

 

                                                                                                                       

                                                                                                                        (RICK CRAWFORD)

 

12.       2005.0630V:    110 KENSINGTON WAY, northeast side between Fairbanks and 15th Streets, Assessor’s Block 2923 Lot 035; in an RH-1(D) (Residential House One Family Detached) District, and within the 40-X Height and Bulk District.

 

SIDE YARD VARIANCE SOUGHT:  The proposal is to divide the subject property into two lots.  The location of the proposed new property line would eliminate the existing side yard on the north side of the lot. 

 

Planning Code Section 133 requires a 5-foot side yard, where no side yard is proposed. 

 

 

                                                                                                                                 (JIM MILLER)

 

13.       2005.0607V:    45 PRIEST STREET,   west side between Clay and Washington Streets, a through-lot to Reed Street, Lot 28 in Assessor’s Block 215, in an RH-2 (House, Two-Family) District and a 50-X Height and Bulk District.

 

REAR-YARD VARIANCE SOUGHT:  The proposal is to construct a two-car garage at the rear of the subject lot, with access from Reed Street.  Accessing this garage would require extending the improved portion of Reed Street by 20 more feet.  The two-family dwelling on the subject lot fronts on Priest Street which is a pedestrian stairway without vehicular access.  Additionally, new stairs would be constructed to gain access to the rear of the subject building.  These stairs would project approximately two feet into the required rear-yard area.  They would require a firewall along the south property line of up to 12 feet in height above grade (and nine feet above grade in the portion extending into the required rear yard).

 

Section 134 of the Planning Code sets forth standards for rear-yard areas. It requires, for the subject property, a rear yard, open and clear from the ground up, approximately 46 feet in depth.  The subject lot is 102.5 feet in depth.  All of the proposed garage and approximately two feet of the new rear exit stairs would be within this required open area.

 

 

                                                                                                                        (WINSLOW HASTIE)

 

14.       2005.0418V:    136 SOUTH PARK, north side between Center Place and 3rd Streets; Lot  063 in Assessor’s Block 3775, in an SPD (South Park) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD MODIFICATION SOUGHT:  The proposal is to demolish the existing light industrial building and to construct a new three-story mixed-use building.  The first and second floors would be used as an office of design professionals and the top floor would be a residential unit. 

 

Planning Code Section 134 (a) (1)  requires a minimum rear yard of 25% of the total lot depth at residential levels, or, in this case, approximately 24 feet. The project proposes a building with full lot coverage, but the top floor residential level would feature an interior courtyard with a roof deck.

 

 

(MAT SNYDER)

 

16.       2005.0526V:    1618 ALABAMA STREET, Lot 002 in Assessor’s Block 5526, west side between Precita Avenue and Norwich Street, in an RH-2 (House, Two-Family) District, the Bernal Heights Special Use District, and a 40-X Height and Bulk District.

 

 

 

REAR YARD, AND PARKING VARIANCES SOUGHT.  The proposal is to legalize an existing rear extension and construct a fill-in addition underneath it, as well as improve a portion of the garage/basement level as habitable space.

 

Planning Code Section 242(e)(2) requires a 49.5-foot rear yard measured from the rear property-line.  An existing rear extension is built within 34-feet of rear property-line that was built without the benefit of permit.

 

Planning Code Section 242(e)(4)(B) requires three parking spaces where an alteration would add more than 200 square feet and result in a structure that included 2,251 square feet of usable floor area or greater.  The proposed project would add approximately 220 square feet under the illegal extension, along with improving approximately 230 square feet of basement / garage space for habitable use, and would result in a structure of approximately 2,380 usable 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