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January 23, 2008

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, January 23, 2008

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, January 23, 2008, 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.

(MARY WOODS)

1. 2007.1253V: 762 - 30TH AVENUE, on the east side between Cabrillo and Balboa Streets; Lot 013J in Assessor's Block 1615 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The lot measures approximately 25 feet wide by 120 feet deep, and contains a two-story over garage single-family residence.

Off-Street Parking Variance: The proposal is to convert an existing accessory ground floor room with a wet bar and cooking facilities for a disabled person (approximately 460 square feet) into a second dwelling unit without providing the required one additional independently accessible parking space. No construction or alteration to the existing building is proposed.

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 garage contains one parking space only.

(SHELLEY PERDUE)

2. 2007.1343V: 51-53 SCOTT STREET, on the west side between Lloyd Street and Duboce Avenue; Lot 007 in Assessor's Block 1260 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Non-Complying Structure Variances: The proposal is to infill beneath an existing overhang at the first floor level in the rear yard of the two-story two-family house and to raise the existing roof at the second floor level of the rear façade by approximately 3'.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 53.5' in depth; however, the existing rear yard is approximately 17' in depth. The proposed addition will encroach approximately 32.5' into the required rear yard, but will not exceed the existing depth of the building since it is underneath the existing overhung portion of the building.

Section 188 of the Planning Code prohibits the expansion of a non-complying structure. The existing building is considered a legal non-complying structure because portions of it already encroach into the required rear yard. Therefore, the proposed expansion would be contrary to Section 188.

(SOPHIE MIDDLEBROOK)

3. 2007.1324V: 1051 NOE STREET, east side of Noe Street, on the south corner of Noe and Elizabeth Streets , Lot 023 in Assessor's Block 3654 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to remove, reconstruct, and reconfigure the existing garage structure at the rear of the subject property; the garage fronts along Elizabeth Street. The project proposes to add a down sloping ramp in the garage structure leading to three off-street parking spaces in the basement of the subject property. As proposed, the project includes a new roof deck on the rebuilt garage structure. The proposed project also includes removing an existing rear fire escape and developing a master suite within the existing attic space.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 31' in length. The existing garage is located within the required rear setback and extends to the rear property line. The proposed rebuilt garage will remain in the required rear yard, and will add a roof deck as usable open space.

(ELIZABETH WATTY)

4. 2007.1205V: 22 LOPEZ AVENUE, on the north side of Lopez Avenue, between Sotelo Avenue and Pacheco Street; Lots 014 and 015 in Assessor's Block 2837 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 is to construct a new two-car detached garage within the required rear yard, with access from Sotelo Avenue. The existing 17 foot curb cut will be removed and a new 10 foot curb cut is proposed in a similar location. The existing attached garage will be converted to habitable space.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 26 feet, 6 inches in length, parallel to the rear property line. The new two-car garage will encroach into this required rear yard by approximately 13 feet, 6 inches, and will be approximately 13 feet from the rear property line.

(BRITTANY BENDIX)

5. 2007.1286V: 201 ANDOVER STREET, on the east side of Andover Street, at the southeast corner of Andover Street and Eugenia Avenue; Lot 033 in Assessor's Block 5664 in an RH-1 (Residential House, One-Family) Zoning District and a 40-X Height and Bulk District, within the Bernal Heights Special Use District.

Parking/Rear Yard/Mass Reduction Variance: The proposal is to construct a two-story rear addition to a single family home. The addition includes the excavation of the basement to add a garage with one off-street parking

space.


Planning Code Section 242(e)(4)(A) states that if one or more alterations add over 400 square feet of usable floor area and the total usable floor area is over 2,250 square feet, a total of three parking spaces or more is required. The proposal is to provide one off-street parking space. Currently, there is no off-street parking on the property.

Planning Code Section 242(e)(2)(A) states that the minimum rear yard depth for the subject property shall be equal to 35 percent of the total depth of the lot in which the building is located. The required rear yard for the subject property is 24.5 feet. The proposed rear yard is 19 feet.

Planning Code Section 242(e)(3) states that after calculation of the maximum permissible height and lot coverage, a total of 650 square feet of usable floor area must be deleted from the exterior of the building, causing a reduction in square footage as well as building volume. The proposal does not meet this requirement.

B. REGULAR CALENDAR

(SARA VELLVE)

6. 2007.1044V: 663 FELL STREET, south side between Buchanan and Webster Streets, Lot 023 in Assessor's Block 0829 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

LOTSIZE, REAR YARD, OPEN SPACE AND PARKING VARIANCES SOUGHT: The proposal is to subdivide a through lot containing a two-unit structure fronting Fell Street and a concrete parking area fronting Hickory Street. The structure fronting Fell Street would continue to contain two dwelling units. Should the variance be approved, the structure fronting Fell Street may be reduced by approximately five feet in depth at the rear. An existing egress stair for the structure fronting Fell Street would be relocated from the west side of the building to the east side of the building within the required rear yard.

Section 121 of the Planning Code requires the size of the proposed lots to be a minimum of 2,500 square feet each. The proposed lot split would create an approximately 1,890 square foot lot for the property fronting Fell Street, and an approximately 1,350 square foot lot for the property fronting Hickory Street.

Section 134 of the Planning Code requires a rear yard equal to 25 percent of the lot depth or 15 feet, whichever is greater. The required rear yard for the structure fronting Fell Street would be 15 feet and the proposed rear yard is two feet. The proposed egress stair would be within six feet of the proposed rear property line.


Section 135 of the Planning Code requires for the subject property 100 square feet of private open space for each dwelling unit, or a total of 266 square feet of common usable open space, or a sufficient combination of private and common open space. The proposed lot fronting Fell Street containing two units would provide approximately 150 square feet of common open space where 266 square feet are required.

Section 151 of the Planning Code requires one independently accessible off-street parking space for each dwelling unit. Based on the property's unit count, a total of 2 independently accessible off-street parking spaces are required. It is expected that the newly created lot fronting Hickory Street will be developed in the future, thus eliminating any existing parking for the two units on the lot fronting Fell Street. A deficit of two off-street parking spaces would be created for the Fell Street lot.

(SHARON YOUNG)

7. 2007.1263V: 442 LYON STREET, east side between Grove and Hayes Streets, Lot 021 in Assessor's Block 1199 in an RH-3 (House, Three-Family) Zoning District and a 40 X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to legalize the construction of a one-story rear deck with exit stairs at the rear of the single-family dwelling. The existing rear deck (approximately 22 feet wide by 4 feet to 8.5 feet deep by 7 feet above grade) and exit stairs are set back 3 feet from the north property line and abut the south property line. The required rear yard is 25 feet. The existing rear deck extends 4 feet into the required rear yard. The existing exit stairs extend 12 feet into the required rear yard. A one-hour fire rated wall is located along that portion of the stairs adjacent to the south property line to a height of 10 feet above grade to meet current Building Code requirements. This proposal is a modification to previously approved plans under Building Permit Application No. 2004.06.03.5468, to construct a rear deck and exit stairs (approximately 10 feet wide by 4.5 feet deep by 7 feet above grade) within the buildable area of the lot.

Section 134 of the Planning Code requires a rear yard area in an RH-3 Zoning District to be equivalent to 45 percent of the total lot depth, or when using averaging, no less than 25 percent of the lot depth or 15 feet, whichever is greater. The subject property, with a lot depth of 100 feet, has a required rear yard of 25 feet. The existing rear deck extends 4 feet into the required rear yard and existing exit stairs extend 12 feet into the required rear yard.


(SHELLEY PERDUE)

8. 2007.1252V: 371 6th Avenue, on the west side between Clement Street and Geary Boulevard; Lot 015 in Assessor's Block 1438 in an NC-3 (Moderate-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Dwelling Unit Exposure Variances: The proposal is to construct an approximately 27' deep by 25' wide, three-story, single-family residence in the rear yard of the existing one-story, single-family house. The proposed building will be constructed at the rear property line, resulting in a 25' deep by 25' wide mid-lot courtyard.

Section 134 of the Planning Code requires that the minimum depth of a rear yard be equal to 25 percent of the lot depth, which in this case is 30'. The proposed building would be entirely within the required rear yard.

Section 140of the Planning Code requires that an open area of no less than 25' in every horizontal dimension be maintained for the floor at which the dwelling unit in question is located and the floor immediately above it, with an increase of five feet in every horizontal dimension at each subsequent floor. The proposed building will not be set back the required 5' at the third floor.

(GLENN CABREROS)

9. 2007.0129V: 100 – 32ND AVENUE, southeast corner at the intersection of 32nd Avenue and El Camino del Mar, Lot 008 in Assessor's Block 1312 in an RH-1(D) (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES: The proposal is to alter the existing fourth floor and to construct a side horizontal addition along the 32nd Avenue façade of the existing four-story, single-family. The subject property is a corner lot, and the property line along El Camino del Mar has been determined to be the front of the lot.

Section 134 requires a rear yard equal to 25 percent of the lot depth or 15 feet, whichever is greater. The required rear yard depth for the subject property is 15 feet. The last 10 feet of the existing building was originally constructed within the required rear yard. The last 10 feet of the altered fourth floor and the side horizontal addition is proposed to extend into the required rear yard.

Section 188 prohibits the intensification of any noncomplying structure. The rear wall of the project is proposed to align with the existing rear wall of the building, which was originally constructed 10 feet into the required rear yard and is a legal noncomplying structure. The addition is therefore contrary to Section 188.

(BEN FU)

10. 2006.1205V: 2350 SAN BRUNO AVENUE, west side between Sweeny and Hale Streets; Lot 023 and Assessor's Block 5880 in an RM-1 (Residential, Mixed) with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to demolish the existing industrial building and construct a two-story over garage, two-family dwelling that encroaches into the required rear yard.

Planning Code Section 134(a)(2) requires all lots in RM-1 Districts to have a minimum rear yard depth equal to 45 percent of the total lot, measured from the rear lot line to the rear building wall. The required rear yard for the subject property is approximately 21 feet. The project proposes a rear yard of approximately 17 feet wide x 11 feet deep.

(BRITTANY BENDIX)

11. 2007.1146V: 134 ELMIRA STREET, on the west side of Elmira Street, between Helena Street and Augusta Street; Lot 011 in Assessor's Block 5377 in an RH-1 (Residential, House, Single-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to legalize a shed built in the required rear yard without benefit of a permit.

Planning Code Section 134 requires the subject property to maintain a rear yard that is 25% of the lot depth, measured from the rear lot line. The required rear yard for the subject property is 25-feet. The shed is located along the rear lot line, encroaching 11-feet into the required rear yard and leaving a rear yard of 0-feet and. However, a comparable amount of open area, 33-feet, is provided between the shed and the rear building wall. The shed has a height of 9-feet 6-inches, a depth of 11-feet and spans the full width of the lot at 25-feet.


(BRITTANY BENDIX)

12. 2007.1237V: 292 CRESENT AVENUE, on southwest corner of Crescent Avenue and Roscoe Street; Lot 001 in Assessor's Block 5806 in the Bernal Heights Special Use District, an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to legalize a deck built in the required rear yard without benefit of a permit.

Planning Code Section 242 requires the subject property to maintain a rear yard that is 45% of the lot depth, as measured from the rear lot line. The required rear yard for the subject property is 35-feet 6-inches. The deck is located between the main building and the existing garage. The floor of the deck is at a height of 9-feet 6-inches, a depth of 8-feet and a width of 8-feet 6-inches.

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