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Seal of the City and County of San Francisco
City and County of San Francisco
December 14, 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, December 14, 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, December 14, 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.

 

 

 

(GLENN CABREROS)

 

1.         2005.0688V:    3639 DIVISADERO STREET, west side between Beach and North Point Streets, Lot 001C in Assessor’s Block 0919 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

                                   

PARKING VARIANCE SOUGHT:  The proposal is to legalize an existing two-bedroom dwelling unit constructed on the ground floor of the single-family residence without a second independently-accessible parking space.

 

Section 155 of the Planning Code requires one independently-accessible parking space for each dwelling unit.  The project provides one independently accessible-parking space and one tandem parking space within the existing garage, where two independently-accessible parking spaces are required.

 

 

(JONAS IONIN)

 

2.         2005.0767V:    2137-2139 PACIFIC AVENUE, south side between Laguna & Buchanan Streets, Lot 015, Assessor’s Block 0590, located in an RH-2 District (Residential, House, Two-Family) District and in a 40-X Height and Bulk District.

 

 

 

 

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a second means of egress for the single-family dwelling with eight guest rooms.

 

Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth in RH-2 Districts. Pursuant to Section 134(c) the rear yard may be reduced to a depth equal to the average of the two adjacent buildings, but no less than 25 percent or 15 feet, whichever is greater.  The required rear yard is 47 feet.  The subject property does not provide the required rear yard under the Planning Code.  The existing building bay windows already extend to within approximately 17.5 feet of the rear property line.  The new stairs would extend to within five feet of the rear property line.

 

Planning Code Section 188 does not allow the alteration of an existing non-complying structure if the alteration further increases the degree of non-compliance. The proposal would increase the non-compliance and therefore requires a variance.

 

 

(SARA VELLVE)

 

3.         2005.1013V:    1837 – 1841 WEBSTER STREET and 8 – 10 WILMOT STREET, northwest corner of Webster and Wilmot Streets; Lot 002 in Assessor’s Block 0660 in an RH-2 (House, Two-Family) District and 40-X Height and Bulk District.

 

LOT AREA, REAR YARD, USABLE OPEN SPACE and PARKING VARIANCES SOUGHT:  The subject 2,922 square foot lot contains two structures, a three-unit building fronting on Webster Street, and a two-unit building fronting on Wilmot Street. The proposal is to split the existing lot into two separate lots with one structure on each lot.

 

Section 121 of the Planning Code requires a minimum lot area of 1,750 square feet. Although the proposed lot size for the structure facing Webster Street would be Code-complying at approximately 2,145 square feet, the proposed lot size for the structure at 8 – 10 Wilmot Street would be approximately 756 square feet.

 

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15 feet for the structure located at 8 – 10 Wilmot Street, measured from the proposed rear property line. The existing structure currently abuts the rear property line and would not provide a rear yard. The required minimum rear yard depth for the structure at 1837 - 1841 Webster Street is approximately 19 feet from the rear property line. The existing structure extends to within seven feet of the required rear yard, with the fire escape projecting within five feet of the proposed rear property line.


 

 

 

 

Section 135 of the Planning Code requires a minimum of 100 square feet of private usable open space, or 133 square feet of common usable open space, for each of the dwelling units on the subject property. Currently 169 square feet of open space is provided between the buildings along the proposed interior lot line for one of the dwelling units after the lot split. The proposed lot subdivision would not alter this noncomplying situation for the remaining four units.

 

Section 151 of the Planning Code requires one parking space for each dwelling unit. Currently, three spaces are provided in the building at 1837 - 1841 Webster Street, and none are provided for the building at 8 – 10 Wilmot Street. The proposed lot subdivision would not alter this noncomplying situation for the two units without parking at 8 – 10 Wilmot Street.

 

(EDGAR OROPEZA)

 

 

4.           2005.0695V:  328 RUTLEDGE STREET, Lot 013 in Assessor's Block 5540, an interior lot on the north side of Rutledge between Peralta Avenue and Alabama Street in an RH-1 (House, One- Family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.

 

                                    REAR YARD, MASS REDUCTION, AND PARKING VARIANCES SOUGHT:

                                    The project proposes a vertical and horizontal addition to a Single-Family Dwelling resulting in an additional 462 square feet of usable floor area. 

 

                                    Planning Code Section 242(e)(2)(A) requires the subject building be not deeper than 45.5-feet measured from the front property line.  Planning Code Section 242(e)(2)(C)(ii) allows for any part of a front setback exceeding five feet to be applied to the amount required for satisfying the rear yard requirement.  The rear yard requirement for the subject property is therefore 49.5-feet.  The proposed addition intrudes 1 foot into the required rear yard, leaving a rear yard of 48.5-feet.

 

                                    Planning Code Section 242(e)(3) requires that 650-feet be subtracted from the maximum allowable building envelope in RH-1 Districts within Bernal Heights. (This is referred to as the mass reduction requirement.)  The proposed project would subtract approximately 400 square feet from the maximum allowable building envelope.

 

                                    Planning Code Section 242(e)(4)(iii) requires 2 parking spaces when a building is between 1,651 and 2,250 square feet.  Thus the addition results in a requirement for 1 additional parking space.  The proposed parking arrangement does not meet the minimum dimensions for two independently accessible parking spaces and thus are considered tandem spaces.

 

 

 

 

                                                                                                                        (EDGAR OROPEZA)

 

5.  2005.0673V:           326-328 LEXINGTON STREET, an interior lot on the west side of Lexington; Lot 048 in Assessor's Block 3609, in an RH-2 (Residential, House, Two- Family) District, a 40-X Height and Bulk District, and the Liberty Hill Historic District.

 

                                    REAR YARD VARIANCE SOUGHT:  The project is to construct a new deck for the upper unit and add an elevated deck and stair for the lower unit in the rear yard.  Exterior doors are being added for both units from the kitchen areas.

 

                                    Planning Code Section 134C(2) requires a minimum rear yard of 25% of the total depth of the lot on which the building is located, or 18 feet for the subject property.  The existing building already extends two feet into the 25% minimum required rear yard.  The new decks would extend an additional seven feet into the required rear yard, leaving a rear yard of 9.5 feet.

 

 

B.     REGULAR CALENDAR

 

 

(JONAS IONIN)

 

6.         2005.0730V:    914 DIVISADERO STREET, west side between Golden Gate Avenue & McAllister Street, Lot 018, Assessor’s Block 1155, located in an NC-2 District (Small-Scale, Neighborhood Commercial) District and in a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT: The proposal is to re-construct an exterior staircase at the rear of the existing two-family dwelling.  The proposal includes a new deck off the second level within the buildable area, requiring the new stair configuration (perpendicular to the rear building wall, rather than the original parallel configuration).

 

Planning Code Section 134 requires a rear yard equal to 25 percent of the lot depth at the second level and above and at all residential levels in NC-2 Districts.  The required rear yard for the subject property is 25 feet.  The proposed stair would extend to within approximately 16.5 feet of the rear property line and a portion of the stairs would encroach approximately 8.5 feet into the required rear yard.

 


 

 

(JONAS IONIN)

 

7.         2005.0732V:    2280 BAY STREET, north side between Broderick & Divisadero Streets, Lot 020, Assessor’s Block 0922, located in an RH-3 District (Residential, House, Three-Family) District and in a 40-X Height and Bulk District.

 

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to expand the existing noncomplying single-family dwelling horizontally by enclosing a portion of the third level terrace and to install a spiral stair connecting the second level terrace to the third level terrace.  The existing structure already occupies the entire substandard lot except for a small side yard along a portion of the west side property line.

 

Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth in RH-3 Districts. Pursuant to Section 134(c) the rear yard may be reduced to a depth equal to the average of the two adjacent buildings, but no less than 25 percent or 15 feet, whichever is greater. The required rear yard is 15 feet.  The subject property does not provide the required rear yard under the Planning Code and the subject building is already built to the rear property line.

 

Planning Code Section 188 does not allow the alteration of an existing noncomplying structure if the alteration further increases the degree of non-compliance.  The alteration of this noncomplying structure is contrary to Section 188.

 

 

(SHAUNN MENDRIN)

 

8.         2005.0503V:    25 BELGRAVE AVENUE, south side at Shrader Street; Lot 001 in Assessor's Block 2688, in an RH-1(D) (Residential House, One-Family, Detached) District and a 40-X Height and Bulk District.

 

FRONT SETBACK AND SIDE YARD VARIANCES SOUGHT:   The proposal is to extend the existing balcony at the front of the building 9’ 0” to the west, and enclose the existing exterior stair on the west side of the building.

 

Section 132(d)(1) of the Planning Code requires a 1½ -foot front setback for the subject property. The existing balcony at the front of the building is entirely within the required front setback area and it’s proposed expansion would also be entirely within the required front setback area.

 

Section 133(a)(5) of the Planning Code requires a 5-foot side yard setback for the subject property. The existing exterior stair on the west side of the building is in the required side yard area.


 

 

 

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. Because portions of the building already encroach into the required front setback and side yard, it is considered a legal noncomplying structure. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

 

 

(SHAUNN MENDRIN)

 

9.        2005.0765V:    714 15th AVENUE, east side between Cabrillo and Fulton Streets Lot 032 in Assessor's Block 1657, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

 

FRONT SETBACK AND NONCOMPLYING STRUCTURE VARIANCE SOUGHT:   The proposal is to construct a new third floor to the existing structure and to add a new three-story high horizontal addition approximately 16 feet deep to the rear of the building.  A two-story high addition approximately 10 feet deep will be added beyond the proposed 16-foot deep horizontal addition and will provide side setbacks of 5 feet. Thus, the total rear addition will be 26 feet deep. The lightwell located on the north side of the structure will be filled in and a small portion of the southern lightwell will be filled in.  The alterations will allow the addition of a second dwelling unit and a second parking space.  The front portion of the new third floor is located within the front setback, requiring a Front Setback Variance. 

 

Section 132(e) of the Planning Code requires a 1½ -foot front setback for the subject property. The existing balcony at the front of the building is entirely within the required front setback and it’s proposed expansion would also be entirely within the required front setback.

 

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. Because portions of the building already encroach into the required front setback, it is considered a legal noncomplying structure. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

 

 

(SARA VELLVE)

 

10.       2005.0718V:    174 – 7th AVENUE, west side between California and Lake Streets; Lot 029 in Assessor’s Block 1366 in an RH-2 (House, Two-Family) District and 40-X Height and Bulk District.

 

REARYARD VARIANCE SOUGHT:  The proposal is to construct a rear horizontal addition to the existing single-family dwelling. The proposal is to demolish the existing two-story noncomplying rear addition and construct a 13’ – 6” deep three-story addition with an additional 12’ deep deck and stair structure beyond. The first and second floor would extend to each side property line, the third floor would be set back from each side property line by three feet and the deck/stair structure would be set back by five feet from each side property line.

 

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 54 feet for the subject property, measured from the rear property line. The proposed horizontal addition would project into the 45% required rear yard by two feet and the deck/stair structure would project two feet beyond the 12’ permitted obstruction envelope.

 

 

 

(ISOLDE WILSON)

 

11.      2005.0721V:    2126 STEINER STREET, east side between Sacramento and California Streets; Lot 012 in Assessor's Block 0635, 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 build a deck and stair in the required rear yard. The deck will be approximately 6’ above grade and will project approximately 7’ from the rear building wall. The deck will be set back 2’-0” from the north property line and approximately 8’ from the south property line. Stairs will lead from the deck to grade, projecting 10’-6” from the rear building wall.

 

Section 134(e) of the Planning Code requires an approximately 48’ rear yard for the subject property, and construction of the proposed deck and stair would result in an approximately 20’ rear yard setback. The deck and stair are proposed to be within the required rear yard area.

 

 

                                                                                                                        (RICK CRAWFORD)

 

12.       2005.0656V:    156 BROAD STREET, north side between Capitol and Plymouth Avenues, Assessor’s Block 7107 Lot 019; in a RH-2 (Residential House Two Family) District, and within the 40-X Height and Bulk District.

 

LOT WIDTH VARIANCE SOUGHT:  The proposal is to divide the subject property into two lots, 28 feet 3 inches wide and 21 feet 9 inches wide. 

 

Planning Code Section 121(d) requires a minimum lot width of 25 feet, where a lot width of 21 feet 9 inches is proposed. 

 


 

 

(TINA TAM)

 

13.       2005.0445V     164 MARAGET AVENUE, west side between Lake View and Summit Avenues, Lot 11 in Assessor’s Block 7059 in an RH-1 (Residential, House, One-Family) District.

 

FRONT YARD VARIANCE SOUGHT:  The proposal is to allow reconstruction of an existing noncomplying structure per Sections 132 and 188 of the Planning Code.  The existing structure is noncomplying because a portion of the structure (one-car garage) encroaches into the front setback.  The legality of the structure is unknown.

 

The proposal is to increase the height of the garage approximately four feet from approximately nine feet to approximately 13 feet, and to widen the garage towards the east from approximately 12 feet to 15 feet.

 

Section 132 of the Planning Code requires a minimum front yard setback of 14 feet, based upon the average of the two qualifying walls of the two adjacent properties.  The proposed new garage will be built to zero feet of the front property line, encroaching 14 feet into the required front yard setback.

 

Section 188 of the Planning Code does not permit expansion or modification to a noncomplying structure.  The subject structure is considered a noncomplying structure because the existing one-story, one-car garage encroaches into the required front yard setback.  Therefore, the reconstruction and enlargement of the noncomplying structure would be contrary to Section 188 and would require a Variance.

 

 

                                                                                                                       

                                                                                                                        (DANIEL SIROIS)

 

14.       2005.0678V     1520 MONTEREY BOULEVARD, north side between San Anselmo Avenue and San Andreas Way, Lot 013 in Assessor’s Block 3105A in an RH-1(D) (Residential, House, Single-Family, Detached) District and 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to alter or demolish the existing garage located entirely within the required rear yard and to construct a new larger garage to accommodate two automobiles.

 

Section 134 of the Planning Code requires a rear yard equal to 25 percent of the lot depth or 25 feet on the subject lot.  The proposed 23-foot by 23-foot single–story garage would be constructed at approximately the same location as the existing garage with a larger footprint. Because the proposed garage is located entirely within the rear yard a variance is required.


 

 

 

Section 188 of the Planning Code does not allow the reconstruction or enlargement of a non-complying structure. Because the existing garage is a non-complying structure, because it is located in the required rear yard, a variance from Section 188 is also necessary.

 

 

                                                                                                                                    (TOM WANG)

 

15.       2005.0897V:    35 CASELLI AVENUE, south side between Douglass and Yukon Streets; Lot 059 in Assessor’s Block 2700 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 and reconstruct an existing independent two-car garage, which is at the end of the lot and fronts on Thorp Lane. The existing garage, used by the subject dwelling, measures approximately 20 feet wide, 24 feet deep and 17.5 feet tall above the rear yard grade. The proposed garage reconstruction will have a building footprint and dimensions similar to that of the current garage and will include an open deck on the roof with surrounding parapet walls.

 

Section 134 (a)(2) of the Planning Code requires a rear yard of approximately 51 feet, measured from the rear property line, for the subject lot. The proposed garage reconstruction would still be at the end of the lot, encroaching entirely into the required rear yard.

 

Section 188 of the Planning Code prohibits the enlargements, alterations and reconstruction of a noncomplying structure. Since the existing garage was constructed entirely within the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed garage would be a reconstruction of a noncomplying structure.

 

 

(CECILIA JAROSLAWSKY)

 

16.       2005.1006V:    1606 GREAT HIGHWAY, east side, between Lawton and Moraga Streets; Lot 42 in Assessor’s Block 1895 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a 19-foot by 12-foot, second floor addition onto the rear notch of an existing single-family dwelling.  The addition is directly over the existing first floor notch of the structure within the rear yard and will not extend any further into the rear yard than the first level of the structure.  The total height of the addition would be approximately 27 feet and would not exceed the height of the existing, main structure.


 

 

Section 134 of the Planning Code requires a minimum rear yard of 15 feet. The existing first level already encroaches 5 feet into the required rear yard, 10 feet from the rear property line.  The proposal would not increase the level of non-conformity on the property.

 

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 existing structure encroaches into the required rear yard.  Therefore, the addition of the non-complying second level would be contrary to Section 188 and would require aVariance.

 

 

(MAX PUTRA)

 

17.      2005.1057V:    139 SWEENY STREET, north side between Barneveld Avenue and Merill Street, Lot 40 in Assessor’s Block 5879 in an RH-1 (House, Single-Family) Zoning District in an 40-X Height and Bulk District.

 

FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a two-story vertical addition and horizontal addition to the rear, side and front of the existing one-story, single-family house.

 

Section 132 of the Planning Code requires a minimum front set back of 15 feet measured from the property line.  The proposed building would extend to within 10 feet of the front property line.

 

(MAX PUTRA)

 

18.       2005.0692V:    630 RHODE ISLAND STREET, west side between 18th and 19th streets, Lot 04 in Assessor’s Block 4030 in an RH - 2 (Residential, 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 one-story horizontal expansion to the existing one-story cottage, containing one dwelling unit located at the rearmost portion of the lot.

 

Section 134 of the Planning Code requires a minimum rear yard depth of 25 feet measured from the rear property line. The existing cottage is located at the rearmost portion of the lot. The proposed horizontal addition would extend from the rear lot line to within approximately 27 feet of the rear property line. Therefore, the proposal would be contrary to Section 134.

 

Section 188 of the Planning Code prohibits the expansion of a non-complying structure. Because the existing cottage is currently located in the required rear yard, it is considered a legal non-complying structure.

 

The proposed one-story horizontal expansion of the existing cottage would be contrary to Sections 134 and 188.

 

 

(MAX PUTRA)

 

19.       2005.0891V:    7 AZTEC STREET, north side between Coso Avenue and Shotwell Street,Lot 15 in Assessor’s Block 5520 in an RH-1 (House, Single-Family) Zoning District in a 40-X Height and Bulk District and in the Bernal Heights Special Use District.

 

                                    REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to reconstruct the existing pitched roof of the kitchen at the rear to a new flat roof of the existing two-story plus an attic, single-family house. The height of new flat roof would be approximately 23 feet above grade.

 

                                    Section 242(e)(2) of the Planning Code provision for Bernal Heights Special Use District requires a minimum rear yard depth of 35 percent of the total depth of the lot or 24 feet 6 inches measured from the rear property line. The proposal would be located approximately 16 feet from the rear property line.

 

                                    Section 188 of the Planning Code prohibits the expansion of a non-complying structure. Because the existing structure at the rear already encroaches 8 feet 6 inches into the required rear yard, it is considered a legal non-complying structure.

 

                                    The proposed flat roof structure would be contrary to Sections 188 and 242.

 

 

(JON PURVIS)

 

20.       2005.0754V:    306 ELSIE STREET, northeast corner at Santa Marina Street; Lot 001A in Assessor’s Block 5675; in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

 

                                    REAR YARD VARIANCE SOUGHT:  The proposal is to add a third story to the existing two-story single-family dwelling, with the new story and added egress stairs projecting into the required rear yard, which is opposite and parallel to Elsie Street.

 

                                    Section 242(e)(2) of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot, but never less than 15 feet.  For the subject property, the required rear yard is 15 feet.  Since the existing rear yard depth is only 9-12 feet, the lot is already non-complying for rear yard.  The new third story would match the existing building footprint, with added egress stairs increasing the level of non-compliance, resulting in a rear yard of 6-12 feet.

 

 

 

 

(JON PURVIS)

 

21.  2005.0571V:         124-126 KINGSTON STREET, south side east of Mission Street; Lot 026 in Assessor’s Block 5673; in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

 

                                    REAR YARD VARIANCE SOUGHT:  The proposal is to construct a new three-story-over-garage two-family dwelling on a vacant lot with a 14.5-foot projection into the rear yard.  

 

                                    Section 242(e)(2) of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot, or 31.5 feet for the subject 70-foot lot.  The proposed new building would be 50 feet in depth at the ground level and 53 feet in depth at all upper levels, leaving a rear yard of only 17 feet. 

 

 

  (BEN FU)

 

22.       2005.0711V:    595 RHODE ISLAND STREET, northeast corner of Rhode Island and 18th Streets; Lot 003E in Assessor’s Block 4008, in an RH-2 (Residential, House, Two-Family) District with an 40-X Height and Bulk Designation.

 

REAR YARD VARIANCE SOUGHT:  The project proposes to enclose an existing second floor rear sunroom that intrudes into the required rear yard on an existing two-story, single-family dwelling.

 

Planning Code Section 134(a)(2) requires all lots in a RH-2 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 required rear yard for the subject property is 45’-0”.  The existing rear deck and room extension below extend approximately 11’-0” into the required rear yard, leaving a rear yard of approximately 34’-0”.  The project proposes to enclose and expand the existing 13’-0” wide by 10’-0” deep sunroom to the edge of the existing rear second floor deck by approximately 3’-0” in depth.  The proposal would be flush with the existing rear deck and room extension below, encroaching approximately 11’-0” into the required rear yard and leaving the existing rear yard of approximately 34’-0”.

 

 

                                                                                                                        (ERIKA JACKSON)

 

23.       2005.0839V:    906 GUERRERO STREET, west side, between 21st and 22nd Streets; Lot 002 in Assessor’s Block 3618; in a RM-2 (Residential, Mixed Districts, Moderate Density) District and a 40-X Height and Bulk District.


 

 

 

OFF-STREET PARKING VARIANCE SOUGHT:  The proposal is to legalize an existing ground floor studio apartment in a two unit building.  No off-street parking is provided for either unit.  There is a legal deficiency of one parking space for the existing legal unit.  Therefore a parking variance is sought for one parking space for the studio apartment to be legalized.

 

Planning Code Section 151 establishes minimum standards for required off-street parking spaces at one space for each dwelling unit.  For the subject property, there is a legal deficiency of one parking space for the legal unit.  Therefore the parking requirement for this project is one parking space.

 

 

 

 

 

 

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 10:00:43 PM