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Seal of the City and County of San Francisco
City and County of San Francisco
April 25, 2007

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, APRIL 25, 2007

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 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, April 25, 2007, 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.

(TARA SULLIVAN-LENANE)

1. 2007.0059V: 173 DOWNEY STREET, west side between Frederick and Ashbury Streets, Lot 104 in Assessor's Block 1269 in an RH-2 (Residential, House, Two Family) District and a 40 X Height and Bulk District.

REAR YARD SETBACK VARIANCE SOUGHT: The proposal is to remove an existing 15' wide by 16' deep enclosed room and adjacent 9' wide by 10' deep wood deck and stair at the first floor and to construct a 21' deep by 18' wide three-story horizontal addition in the rear yard, with a 6' wide deck and stairs.

The proposal also calls for the construction of four new dormer windows at the roof, the installation of a garage opening at the front of the property, and raising of the structure 18 , all of which will be separately noticed per Section 311 of the Planning Code.

Section 134 of the Planning Code allows the required rear yard area to be reduced to the average of the depths of adjacent rear yards, but in no case to be less than 25 percent of the lot depth or 15 feet, whichever is greater. Under the average of the adjacent properties, the required rear yard for the subject lot is approximately 32 feet. The project proposes construction of a horizontal addition and wood deck, which will reduce the rear yard to 20 feet from the edge of the new addition and 16 feet from the edge of the deck.

(GLENN CABREROS)

2. 2006.1201V: 2606 PACIFIC AVENUE, north side between Pierce and Scott Streets, Lot 006 in Assessor's Block 0584 in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCES SOUGHT: The proposal is to legalize a solid wall constructed 6 feet above grade located entirely within the required front setback area. The 6-foot tall wall is constructed on top of an existing retaining wall at the front lot line.

Section 132 of the Planning Code requires the front setback to be the average of the two adjacent front setbacks but no greater than 15 feet. The existing front setback for the property is approximately 22 feet. The required front setback is 15 feet.

Section 136 of the Planning Code allows for solid fences within the required front setback no more than 3 feet above grade or open fences up to 6 feet in height above grade.

(SHAUNN MENDRIN)

3. 2007.0111V: 2856 VALLEJO STREET, north side, between Baker and Broderick Streets; Lot 012 in Assessor's Block 0955, in an RH-1(D) (One-Family, Detached Dwellings) District with a 40-X Height and Bulk Designation.

SIDE YARD VARIANCE SOUGHT: The proposal is to construct a spiral staircase and firewall at the northwest corner in the rear of the existing single-family home. The staircase will provide access from the first floor rear balcony to the rear yard and would be approximately 5 feet deep by approximately 5 feet wide. The proposed spiral staircase would be located within the required side yard along the west property line.

SECTION 133 of the Planning Code requires a side yard of 5 feet on each side of the subject property. The proposed spiral staircase would be located within the required side yard along the west property line.

(SHAUNN MENDRIN)

4. 2007.0186V: 583 – 19TH AVENUE, west side between Balboa and Anza Streets, Lot 018 in Assessor's Block 1562, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

FRONT SETBACK VARIANCE SOUGHT: The proposal includes the removal of the existing front stairs and garage, the addition of a new garage with roof deck on the south side of the front façade approximately 6 feet deep and 10 feet wide, the addition of a new ground floor front entry on the north side of the front façade and front façade alterations, including the addition of architectural elements. The new garage opening and roof deck would be located within the required front setback.

Section 132(e) of the Planning Code requires a 3-foot front setback for the subject property. The proposed new garage at the front of the building would encroach into the required front setback by 2 feet leaving a 1-foot setback.

(CECILIA JAROSLAWSKY)

5. 2007.0258V: 3636 17th STREET, north side, between Church and Dolores Streets; Lot 074 in Assessor's Block 3566 in an RM-1 (Residential, Mixed, Low Density) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The request is to construct a 12-foot wide, by 7-foot deep deck on the third level, at the rear of a legal, non-conforming, four-unit, residential condominium structure. The lot is a legal, non-conforming lot containing 1,650 square feet.

Section 134 of the Planning Code requires a minimum rear yard of 30 feet, where 0 has been proposed; therefore, the construction of the rear deck would be contrary to Section 134 and would require a Variance.

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 number of residential units exceeds the maximum allowed for the lot. Section 209.1 of the Planning Code allows one dwelling unit per 800 square foot of lot area. The subject property contains four residential units, therefore, the addition of the non-complying rear deck would be contrary to Section 188 and would require a Variance.

(KIMBERLY DURANDET)

6. 2007.0011V: 3254 FOLSOM STREET, west side between Stoneman and Bessie; Lot 011 in Assessor's Block 5523 in an RH-2 (Residential, Two-Family) District and the Bernal Heights Special Use District with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The project proposes to remove an existing (17') deck and construct a smaller (7') deck and stairs in the required rear yard from the back wall of the existing legally non-conforming building.

Planning Code Section 242 requires a rear yard of 36 feet for this property. The project would result in a rear yard of 22 feet.

B. REGULAR CALENDAR

(TARA SULLIVAN-LENANE)

7. 2007.0255V: 130 SEA CLIFF AVENUE, north side between 25th and 26th Avenues, Lot 012 in Assessor's Block 1306 in an RH-1(D) (Residential, House, Detached) District and a 40 X Height and Bulk District.

REAR YARD SETBACK VARIANCE SOUGHT: The proposal is to remove a series of wood decks and stairs along the stepped terrace at the rear of the property and the construction of a new 24' deep by 25' wide wood deck and stair.

Section 134 of the Planning Code allows the required rear yard area shall be equal to 25% of the total depth of the lot on but in no case less than 15 feet, whichever is greater. The required rear yard for the subject lot is approximately 40 feet, and the existing rear yard is approximately 20 feet. The project proposes construction of a wood deck, which will reduce the rear yard to approximately 18 feet from the edge of the deck.

(TARA SULLIVAN-LENANE)

8. 2007.0089V: 1141-1145 FILBERT STREET, south side between Hyde and Leavenworth Streets, Lot 035 in Assessor's Block 0097 in an RH-3 (Residential, Three-Family) District and a 40 X Height and Bulk District. The rear of the property fronts on Havens Street.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a horizontal addition to the two-story over basement three-unit residential building which is located entirely in the required rear yard of the property. The three-story addition proposed for the front of the building (towards Filbert Street) consists of an approximately 18' deep by 21' wide garage at the basement level, an approximately 10' deep by 28' wide space and an approximately 18' deep by 17' wide space at the first floor, and an approximately 18' deep by 17' wide space at the second floor.

Section 134 of the Planning Code requires a rear yard equal to 27'-6 . The existing structure is entirely located within the required rear yard.


(MARY WOODS)

9. 2006.1504V: 879, 885A AND 885B ARGUELLO BOULEVARD, west side between Fulton and Cabrillo Streets; Lot 011 in Assessor's Block 1644, in an RM-2 (Residential, Mixed, Moderate-Density) District and a 40-X Height and Bulk District.

REAR YARD, USABLE OPEN SPACE AND OFF-STREET PARKING VARIANCES SOUGHT: The proposal is to convert the ground floor level from two guestrooms and one vacant commercial space to a dwelling unit, approximately 1,500 square feet in size. The proposal will require Variances from the Planning Code pursuant to rear yard (Section 134), usable open space (Section 135) and off-street parking (Section 151) requirements.

Section 134 of the Planning Code requires the minimum rear yard depth to be 45 percent of the total depth of the lot or the average depth of the rear walls of the two adjacent buildings to a minimum of 25 percent of the lot depth or 15 feet, whichever is greater. The required rear yard for the ground floor conversion to a dwelling unit would be approximately 15 feet based on the minimum rear yard requirement. Since the subject lot is 50 feet deep with the existing building occupying the entire lot, no rear yard is currently provided at the site, and none is proposed for the new dwelling unit.

Section 135 of the Planning Code requires usable open space (UOS) for dwelling units and may be provided either as common UOS available to all units in the building, or as private UOS intended for the exclusive use of, and attached by balconies or other ways directly to a specific unit. The minimum amount of UOS is 80 square feet per unit if private, and 133 square feet per unit if common. Since the existing building occupies the entire lot, no usable open space is currently provided at the site, and none is proposed for the new dwelling unit.

Section 151 of the Planning Code requires that one independently accessible off-street parking space be provided for every dwelling unit. In this instance, the existing building does not contain any off-parking spaces, and none is proposed for the new dwelling unit.

(AARON STARR)

10. 2006.1279V: 1290 CHESTNUT STREET, northeast corner of Chestnut Street and Van Ness Avenue; Lot 011 in Assessor's Block 0478, in an RC-3 (Residential-Commercial Combined Districts, Medium Density) District with a 40-X Height and Bulk Designation.

REAR YARD, PARKING, AND OPEN SPACE VARIANCES SOUGHT: The proposal is to legalize the conversion of office space to two residential units on the second floor of the 3-story subject building.


Section 134(a)(1) of the Planning Code requires the subject property to have a 16' deep rear yard at the lowest level containing a dwelling unit and at each succeeding level of the building. The proposal does not meet the requirements in Section 134 of the Planning Code because the existing building has only a 10' rear yard at the first level containing a dwelling unit, which is the second floor.

Section 135 of the Planning Code requires approximately 160 sq. ft. of common useable open space. The proposal does not include any useable open space for the units.

Section 151 of the Planning Code requires the subject property to have one independently accessible parking space for each unit. The subject property currently has no on-site parking and none are proposed.

(TOM WANG)

11. 2007.0293V: 3080 25TH AVENUE, east side between Ocean Avenue and Eucalyptus Drive; Lot 005B in Assessor's Block 7213 in an RH-1(D) (Residential, House, One-Family, Detached Dwellings) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a second story vertical addition on the existing one-story, single-family dwelling. The proposed second story would be set back 14 feet from the entry front wall.

Section 134(a)(1) of the Planning Code requires a rear yard depth of 25 feet, measured from the rear property line. The proposed second story addition would encroach 12 feet 6 inches into the required rear yard to within 12 feet 6 inches of the rear property line.

Section 188 of the Planning Code prohibits the enlargements or alteration 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 second story addition would result in the enlargement of a noncomplying structure.

(MICHAEL LI)

12. 2006.1223V: 963 PACIFIC AVENUE, south side between Mason and Powell Streets; Lot 047 in Assessor's Block 0180 within an RC-3 (Residential-Commercial Combined, Medium Density) District and a 65-A Height and Bulk District.

REAR YARD, USABLE OPEN SPACE, AND OFF-STREET PARKING VARIANCES SOUGHT: The proposed project is the addition of two stories to the existing two-story building and the conversion of the commercial uses to residential use, resulting in a four-story, 40-foot-high building containing two dwelling units with two tandem parking spaces.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15 feet for the subject property, measured from the rear property line. The existing building covers the entire lot and encroaches into the required rear yard. Since the existing building, which does not provide a Code-complying rear yard, is being converted from commercial use to residential use, a rear yard variance is required.

Section 135 of the Planning Code requires 60 square feet of private usable open space or 80 square feet of common usable open space for each dwelling unit. All usable open space must meet certain minimum dimensions. No usable open space is currently proposed for the project.

Section 151 of the Planning Code requires one independently accessible off-street parking space for each dwelling unit. The project will provide two parking spaces, but only one will be independently accessible. Therefore, a one-space parking variance is required.

(BEN FU)

13. 2007.0068V: 20 PERALTA AVENUE, north side, between Holladay Avenue and Hampshire Street; Lot 003D in Assessor's Block 5512, in a RH-2 (Residential, House – Two-Family) District and the Bernal Heights Special Use District with a 40-X Height and Bulk Designation.

OFF-STREET PARKING AND REAR YARD VARIANCE SOUGHT: The project proposes to construct a new third level addition with a fire escape in the rear.

Planning Code Section 242 requires all lots in RH-2 districts to have a minimum rear yard depth equal to 45 percent of the total depth of the lot in which the building is located. The required rear yard depth for the subject lot is approximately 26 feet. The existing building encroaches approximately 6 feet into the rear yard, leaving a rear yard of approximately 20 feet. The proposed top story addition is flush with the existing rear building wall but the depth is no more than half of the width of the lot. The proposed approximately 5 feet deep x 17 feet wide fire escape further encroaches into the rear, leaving a rear yard of approximately 15 feet.

Planning Code Section 188 prohibits intensification or increase in any discrepancy at any level of a non-complying structure. The existing building is a non-complying structure in terms of rear yard, with an existing rear yard of approximately 20 feet. The proposed addition enlarges the existing non-complying buildingenvelope.

Planning Code Section 242(e)(4)sets forth the parking standards for new construction and alterations. Two off-street parking spaces are required for construction that results in usable floor area between 1,301 to 2,250 square feet. The total usable floor area proposed with the addition would be approximately 2,200 square feet. One independently accessible parking space currently exists. No additional parking is proposed.

(TIM FRYE)

14. 2007.0102V: 2883 FOLSOM STREET, being a through lot to Lucky Alley, Lot 024 in Assessor's Block 6521, located between 24th and 25th Streets in an RH-3 (Residential, House, Three-Family) District, and a 40-X Height and Bulk District.

REAR YARD, EXPOSURE, AND OPEN SPACE VARIANCES SOUGHT: The proposal is to construct an addition at the rear of the 2-flat building facing Folsom Street to reconfigure the existing two units into side-by-side units. One unit will be accessed through the existing front entrance and another will be accessed through a separate entrance located through the side yard. The third unit over the garage on Lucky Alley will not be altered.

Planning Code Section 134(c) requires that a minimum rear yard shall be 45% of the lot depth or the average depth of the two adjacent lots, but in no case shall be less than 25% of the lot depth or 15-feet, whichever is greater. In cases where a through lot has two buildings fronting on different streets, the rear yard can be placed in the middle of the lot. The minimum 25% required between the two subject buildings is approximately 28-feet. The existing distance between the subject buildings is 17-feet. A rear yard variance was granted on September 22, 1987 to construct a two-story, one-unit dwelling with a three-car garage facing Lucky Alley (Case 87.112V). The Folsom-facing structure is approximately 60-feet in length. The proposal calls for an addition to be constructed on the last 19-feet increasing its height from 15-feet to 30-feet. This increase in height will intensify the portion of this structure that is constructed within the required rear yard.

Planning Code Section 135 requires that a total of no less than 399 square feet of common usable open space be provided for the three existing dwelling units in accordance with the standards of Planning Code Section 135(g). The proposal includes a total of approximately 289 square feet of common useable space.

Planning Code Section 140 requires that at least one room of at least 120 square feet must face one of the following open areas: a public street or alley of at least 25 feet in width, a code complying rear yard, or an inner court measuring at least 25 feet in every direction. The proposal will cause one of the units to face out towards the rear yard, which does not meet any of the above requirements for open areas.


(MICHELLE GLUECKERT)

15. 2006.1355V: 130 LEDYARD STREET, on the southwest side of Ledyard Street between Mercury Street and Thornton Avenue; Lot 002 in Assessor's Block 5398, in a RH-1 (House, One-Family) Zoning District, and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is for a rear yard variance to legalize a deck and one-story structure built without permits, which currently extend into the required rear yard. The deck was built at the second story over a noncomplying single story projection that extends into the rear yard.

Planning Code Section 134 requires a minimum rear yard in an RH-1 District to be 25 percent of the total depth of the lot on which the building is situated. The required rear yard for the subject lot is approximately 23 feet, measured at the centerline of the property. The deck extends to within 18 feet of the rear property line. Rear stairs extend from the deck to within six feet of the rear 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


THE PLANNING DEPARTMENT IS RELOCATING

AS OF MAY 1, 2007, OUR NEW ADDRESS WILL BE

1650 Mission Street,

Suite 400
San Francisco, CA 94103

Phone: 558-6378

Fax: 558-6409

Our current offices at 30 Van Ness (MEA) will be closed April 20 and 23.

ALLPlanning Department offices will be closed April 27 and 30

Please note:

The Planning Information Counter, on the First Floor at 1660 Mission Street, will remain in that location, but WILL BE CLOSED ON FRIDAY APRIL 27 AND MONDAY APRIL 30, 2007.

Any filing deadlines for appeals, Discretionary Review requests, environmental review comments, etc., that occur on those days or the intervening weekend will be extended to 5:00p.m. Tuesday, May 1, 2007.

Last updated: 11/17/2009 10:00:44 PM