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Seal of the City and County of San Francisco
City and County of San Francisco
September 26, 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, SEPTEMBER 26, 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, September 26, 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.

(AARON STARR)

1. 2007.0841V: 762 CLAYTON STREET, east side between Waller and Frederick Streets; Lot 094 in Assessor's Block 1254, in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to reconstruct the two-unit building's existing non-conforming 12' by 19' 2nd story deck and rear yard access stairs in-kind and expand the existing 9' tall trellis located above the deck approximately 7' toward the south side property line.

Section 134 of the Planning Code requires the subject property to have a 31.5' rear yard setback. The proposed deck will be located entirely within the required rear yard.

(MARY WOODS)

2. 2007.0451V: 3348 - 50 SCOTT STREET, east side between Alhambra and Chestnut Streets; Lot 044 in Assessor's Block 0488A, in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.


REAR YARD VARIANCE SOUGHT: The proposal is to add a new third floor balcony/deck (approximately 6 feet deep by 15 feet wide) at the rear of the building.

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 adjacent buildings to a minimum of 25 percent of the lot depth or 15 feet, whichever is greater. The required rear yard for the subject property is approximately 25 feet. The proposed balcony/deck would be located entirely within the required rear yard, thereby providing a rear yard that measures approximately 19 feet in depth.

(GLENN CABREROS)

3. 2005.0486V: 2564 SUTTER STREET, north side between Baker and Broderick Streets, Lot 012 in Assessor's Block 1053 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

PARKING VARIANCE SOUGHT: The proposal is to construct two additional dwelling units at the existing single-family residence without providing the two required parking spaces.

Section 151 of the Planning Code requires one independently-accessible parking space per dwelling unit. Since the existing single-family residence was legally constructed without parking, the proposal to construct two additional units requires two parking spaces.

(CECILIA JAROSLAWSKY)

4. 2007.0572V: 63 – 67 CUMBERLAND STREET, south side between Dolores and Guerrero Streets; Lot 36 in Assessor's Block 3598 in an RH-3 (House, Three-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct rear decks, 17-feet wide by 8-feet deep, alongside the existing rear pop-out, at the second and third levels of an existing, three-level, and three-family structure.

Section 134 of the Planning Code requires a minimum rear yard of 51 feet, where 40 has been proposed; therefore, the construction of the rear decks would be contrary to Section 134 and would require a Variance.

(CECILIA JAROSLAWSKY)

5. 2007.0727V: 2135 MARKET STREET, south side, between 15th and Church Streets; Lot 003A in Assessor's Block 3543 in the Upper Market Neighborhood Commercial and 80-B Height and Bulk District.

PARKING VARIANCE SOUGHT: The proposal is a change of use from the existing Open Bible church to a Service, Business/Professional use, dba Citiapartments, which is principally permitted in this district, within a 10,000 square foot building. The new use would require 20 off-street parking spaces, where none is proposed.

Section 151 of the Planning Code requires a minimum of one parking space for each 500 square feet of occupied floor area, where the occupied floor area exceeds 5,000 square feet, and would require a Variance.

(RICK CRAWFORD)

6. 2007.0612V: 1983-1985 - 15TH STREET on the south side of 15th Street, between Church and Landers Streets; Lot 051 in Assessor's Block 3557 in an RM-2 (Residential, Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal would demolish and reconstruct the rear stairs in a new configuration and will construct decks at the first and second floors. The new stairs will not extend as far back as the existing stairs; however the proposed decks will project 6 feet to 8 feet back from the rear and will be 17 feet wide.

Section 134 of the Planning Code requires a rear yard of 41 feet where a rear yard of 18 feet is proposed.

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

(RICK CRAWFORD)

7. 2007.0788V: 1688 MONTEREY BOULEVARD on the north side of Monterey Boulevard, at the northeast corner of San Benito Way; Lot 013 in Assessor's Block 3103 in an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal would construct a small addition in the south east corner of the ground floor that will fill in an existing 8 foot by 11 foot notch on the ground floor but will encroach into the required rear yard. This is part of a larger project that would add a third floor to the dwelling.

Section 134 of the Planning Code requires a rear yard of 15 feet where a rear yard of 12 feet is proposed.

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

(SOPHIE MIDDLEBROOK)

8. 2007.0686V: 1557 SANCHEZ STREET, on the east side of Sanchez Street, between Valley and 29th Street, Lot 020 in Assessor's Block 6619 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal is to remove the existing rear deck, and to rebuild and reconfigure the rear of the existing building and to replace the existing deck with a smaller deck.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 41' in length. The proposed two-story horizontal addition and rear deck will encroach approximately 10' into the required rear yard, leaving a yard that measures approximately 31' in length.

(ERIKA JACKSON)

9. 2006.1111V: 2177 BAYSHORE BOULEVARD, through lot, between Tunnel and Blanken Avenues; Lot 003 in Assessor's Block 5066B; in an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District.

REAR YARD MODIFICATION AND EXPOSURE VARIANCE SOUGHT: The proposal is to demolish an existing commercial building and construct a new mixed use building with commercial and four residential units.

Planning Code Section 134 establishes a rear yard requirement of 25 percent of lot depth in NC Districts that shall be provided at all levels of the building in NC-1 Districts. Planning Code Section 134(e)(1) allows the rear yard

requirement in NC Districts to be waived or modified. Due to the irregular lot shape, this project proposes a rear yard that is not within the exact 25 percent of lot depth line, but is comparable in area.

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. Units 1, 2, and 3 do not meet these requirements.

(MICHELLE GLUECKERT)

10. 2007.0877V: 954-956 CAROLINA STREET, on the west side of Carolina Street between 22nd Street and 23rd Street; Lot 010 in Assessor's Block 4160, in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to demolish the existing rear stairs and to construct a new rear deck and stairs. The proposed deck and stairs would extend approximately 13 feet from the rear building wall, five feet less than the existing stairs, resulting in a rear yard of approximately 30 feet. The proposed deck will be approximately 17 feet above grade, 13 feet deep by 19 feet wide.

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 feet. The existing rear building wall extends approximately 2 feet into the required rear yard, leaving a rear yard of approximately 43 feet. An additional twelve-foot extension is allowed pursuant to Planning Code Section 136, such that a two-story deck may extend twelve feet into the required rear yard so long as the structure is no closer than five feet to any interior side lot line. The proposed deck will extend approximately 15 feet into the required rear yard and will not provide a five-foot setback along the south interior side lot line.

(COREY TEAGUE)

11. 2007.0925V; 165 NEVADA STREET, east side, between Powhattan and Cortland Avenues; Lot 022 in Assessor's Block 5655 in an RH-1 (Residential, House, 1 Family) District with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to remove the existing rear deck and replace with a similar deck and stairs.

Planning Code Section 242(e)(2)(A) sets the maximum building depth at 45 feet 6 inches for lots greater than 70 feet deep. The subject lot is 100 feet deep. The depth of the existing deck and stairs is 62 feet 5 inches. The proposed deck also extends to 62 feet 5 inches, and the new stairs extend an additional 10 feet 4 inches, to 72 feet 9 inches deep.

B. REGULAR CALENDAR

(AARON STARR)

12. 2007.0636V: 850-858 PRESIDIO AVENUE, east side between Sutter and Post Streets; Lot 033 in Assessor's Block 1073, in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

REAR YARD, OPEN SPACE AND EXPOSURE VARIANCES SOUGHT: The proposal is to legalize the increase in the number of existing dwelling units on the property from 5 to 7 units. There are two buildings on the subject property, both of which front on Presidio Avenue. The number of legal dwelling units at 850 Presidio will increase from 1 to 2 and the number of legal dwelling units at 856-858 Presidio will increase from 4 to 5. The proposal includes placing two of the required parking spaces in the rear yard.

Section 134(b) of the Planning Code prohibits cars from being parked or stored in the required rear yard. The proposal includes placing 2 parking spaces in the required rear yard of 856-858 Presidio Avenue.

Section 135 of the Planning Code requires each dwelling unit to have access to a minimum of 100 sq. ft. of private useable open space or 266 sq. ft. of common useable open space. Neither of the units proposed to be legalized have access to useable open space.

Section 140 of the Planning Code requires that all dwelling units face either a public street or alley 25' or more in width or a Code complying rear yard open space. Both of the new units will face a non-complying rear yard.

(AARON STARR)

13. 2007.0698V: 555-557 20th AVENUE, west side between Anza and Balboa Streets; Lot 009 in Assessor's Block 1563, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: Currently the second floor of this two-unit building extends approximately 8' further into the rear yard than the first floor. The proposal is to expand the first floor approximately 20' into the rear yard and the second floor approximately 12' into the rear yard so that they align, and to expand the third floor approximately 7' into the rear yard so that it is set back approximately 5' from the rear of the expanded first and second floors. The proposal will expand all three floors laterally approximately 6.5' toward the south side property line.

Section 134 of the Planning Code requires the subject property to have a rear yard equal to 45% of the lot depth or 54'. The proposed rear addition will extend approximately 7' into the required rear yard and be set back approximately 4' from each side property line.

(AARON STARR)

14. 2006.1496V: 800 BAY STREET, northwest corner of Bay and Hyde Streets; Lot 006 in Assessor's Block 0026, in an RH- 3 (Residential House 3- Family) District with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to subdivide the subject lot into two lots. The 3,198 square foot lot is developed with a mixed-use building at the corner of Bay and Hyde Streets and a parking lot fronting on Hyde Street. The subdivision will eliminate the required parking space for the property's single residential unit located on the second floor of the mixed-use building. A variance is required to provide the required parking space for the residential unit in the rear yard of the subject property. The proposed parking pad will be 9' wide x 18' deep and screened from Bay Street by a solid fence and gate. A standard 10' curb cut for the parking space is also proposed.

Section 134(b) of the Planning Code prohibits cars from being parked or stored in the required rear yard. The proposal calls for placing one parking space in the required rear yard of the subject building.

(JONAS IONIN)

15. 2007.0982V: 1874 GREENWICH STREET, north side between Laguna and Octavia Streets, Lot 015, Assessor's Block 0506, 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 legalize a newly constructed elevator shaft that would extend approximately 9'-6 into the required rear yard.

Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth in RH-2 Districts, but no less than 25 percent. The subject lot has a 25 foot (or 25 percent) required rear yard. The elevator shaft extends approximately 9'-6 into the required rear yard.

Planning Code Section 188(b) does not allow a noncomplying structure to be enlarged that increases its nonconformity. The elevator shaft extends the nonconformity of the existing deck and stairs in the required rear yard.

(SHELLEY PERDUE)

16. 2007.0844V: 2172 PINE STREET, on the north side of Pine Street, between Webster and Buchanan Streets; Lot 015 in Assessor's Block 0652 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a two-car garage partially within the required front setback of the subject three-unit building.

Section 132 of the Planning Code requires that any building or addition constructed shall be set back to the average of the two adjacent front setbacks to a maximum of 15 feet. The actual 17'-6 front setback at the subject property exceeds the 15-foot legal setback requirement by 2'-6 feet. The proposed garage will occupy the full depth of the existing 17'-6 front setback and be built to the front property line.


(COREY TEAGUE)

17. 2007.0724V: 27 CARVER STREET, east side, southeast corner of Carver Street and Bernal Heights Boulevard; Lot 016 in Assessor's Block 5632 in an RH-1 (Residential, House, One-Family) District with a 40-X Height and Bulk Designation.

FRONT YARD & PARKING VARIANCE SOUGHT: The proposal is to construct a three-story, single-family home with zero front setback and a two-car tandem garage.

Planning Code Section 132(d)(1) requires the minimum front yard depth of a corner lot in a RH-1 District to be one-half the front setback of the adjacent building, up to a maximum of 15 feet. The single-family home on the adjacent lot has a front setback of 24 feet. The required front yard for the subject property is 12 feet. The proposal includes a zero front setback.

Planning Code Section 242(e)(4) prohibits tandem parking for the first two required spaces for new construction. The proposal provides the two required parking spaces in a tandem configuration.

(COREY TEAGUE)

18. 2007.0784V: 85 BROSNAN STREET, south side, between Guerrero and Valencia Streets; Lot 165 in Assessor's Block 3533 in an RM-2 (Moderate Density – 1 Unit per 600 sf) District with a 40-X Height and Bulk Designation.

PARKING VARIANCE SOUGHT: The proposal is to construct a four-story building with three dwelling units and a two-car ground floor garage.

Planning Code Section 151 requires one parking space for each dwelling unit. The proposal requires three parking spaces for its three dwelling units. The proposal includes only two parking spaces.

(BRITTANY BENDIX)

19. 2007.0476V: 184 LINDA STREET, on the south side of 19th Street at the end of Linda Street; Lot 045 in Assessor's Block 3597 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal is to construct an addition to the existing dwelling unit which would encroach into the rear yard, on a shallow, 63' deep by 36' wide lot.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that is 45% of the lot depth – 16'. The proposed addition encroaches entirely into the rear yard and is 16 feet wide, leaving an open area of 19' by 20'.

(EDGAR OROPEZA)

20. 2007.0875V: 145 GIRARD STREET, east side between Silliman and Felton Streets, Lot 024 in Assessor's Block 5925 in an RH-2, (Residential House, Two-Family) 40-X Height and Bulk District.

PARKING VARIANCE SOUGHT: The proposal would convert the existing single-family residence into a two-family dwelling.

Section 151 of the Planning Code requires one new independently accessible off-street parking space for each new dwelling unit within the RH-2 Zoning District. In this case, a total of two independently accessible off-street parking spaces are required. Only one off-street parking space is proposed.

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 10:00:44 PM