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July 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, July 23, 2008

Session Begins at 9:30 A.M.

Public Hearing

Craig Nikitas, Acting Zoning Administrator

Lisa Chau, 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, July 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.

(JONAS IONIN)

1. 2008.0647V: 34 CLARENDON AVENUE, north side between the Stanyan Street right-of-way and Twin Peaks Boulevard, Lot 013, Assessor's Block 2688, located in an RH-1(D) (Residential House, Single-Family, Detached) District and in a 40-X Height and Bulk District.

SIDE YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a new deck on the east side of the three-story single-family building on a downsloping lot. The proposed deck would encroach into the required side yard to within approximately 3'-6 of the eastern side property line.

Planning Code Section 133 requires side yards for lots with a width of 50 feet or more to have two side yards each of five feet. The proposed deck would encroach into the required side yard approximately 1'-6 .

Planning Code Section 188 does not allow the alteration of an existing non-complying structure. Because the existing building already encroaches into the required western side yard, it is considered a legal noncomplying structure. Therefore, the proposed deck and stairs would be contrary to Section 188.

(CECILIA JAROSLAWSKY)

2. 2008.0683V: 30 ROCKAWAY AVENUE, north side, between Laguna Honda Boulevard and Rock Alley; Lot 017 in Assessor's Block 2916 in an RH-1(D) (House, One-Family, Detached Dwelling) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct an 11-foot wide by 5-foot deep rear deck with stairs at the second level of a single-family dwelling.

Section 134 of the Planning Code requires a minimum rear yard setback of approximately 30 feet, where approximately 17 has been proposed; therefore, the construction of the deck and stairs within the rear yard setback would be contrary to Section 134 and would require a Variance.

(MICHAEL SMITH)

3. 2008.0637V: 11 – 15 DIVISADERO STREET, west side between Duboce Avenue and 14thStreet; Lot 018 in Assessor's Block 2610 in a RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to remove the existing rear stairs that extend to within 3.5' of the rear property line and replace them with spiral stairs that extend to within 11.5' of the rear property line. The new stairs would require a solid fire wall located three-feet from the side property line.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 30-feet measured from the rear property line. The proposed stairs would extend to within approximately 12-feet of the rear property, encroaching 18-feet into the required rear yard.

Section 188 of the Planning Code prohibits the voluntary replacement of a noncomplying structure in the same location. Because the rear stairs already encroach approximately 27-feet into the required rear yard, it is a legal noncomplying structure. Therefore their replacement in the same location as proposed is contrary to section 188 of the Code.

(AMNON BEN-PAZI)

4. 2008.0570V: 249 Chestnut Street, on the south side of Chestnut Street, between Grant Avenue and Kearny Streets; Lot 035 in Assessor's Block 0061 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: There are two structures at the project site, one at the front and one at the rear of the property. The proposal is to build a horizontal extension of approximately 50 square feet to the side of the existing rear structure. Portions of this existing rear structure are in the required rear yard area, and the proposed horizontal extension would also be in the required rear yard area.

Section 134 of the Planning Code requires a rear yard approximately 62 feet deep at the subject property. The existing structure at the rear of the property extends into this required rear yard area, leaving approximately 23 feet behind the existing rear structure. The proposed horizontal extension would be located in the portion of the required rear yard that is between the front and rear structures, thus the existing rear yard would remain unchanged.

B. REGULAR CALENDAR

(GLENN CABREROS)

5. 2008.0298V: 2660 Broadway, on the north side of the street between Divisadero Street and Normandie Terrace; Lot 012A in Assessor's Block 0960 in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Front Setback Variance: The proposal is to construct an additional story over the existing one-story garage structure within the front setback area.

Section 132 of the Planning Code requires that the subject property maintain a front setback equal to the average of the two adjacent front setbacks but no greater than 15 feet. The vertical addition which is proposed within the footprint of the existing garage structure would occupy the full depth of the required 15-foot front setback.

(MARY WOODS)

6. 2007.1431V: 439 - 441 BRODERICK STREET, on the west side between Hayes and Fell Streets; Lot 005 in Assessor's Block 1205 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. The lot measures approximately 25 feet wide by 97 feet deep, and contains a three-story four-unit building.

Rear Yard Setback and Non-Complying Structure Variances: The proposal is to (1) legalize the second and third-floor decks constructed without the benefit of a permit at the rear of the building, and (2) construct a one-hour fire rated wall extending the height and width of the decks at the south property line. No new construction or alteration to the existing building is proposed.

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 would be approximately 24 feet. A portion of the existing building already encroaches approximately 7 feet into the required rear yard while the decks and the new fire-rated wall are entirely in the required rear yard, extending an additional 6 feet into the required rear yard, leaving an open area of approximately 11 feet.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building already encroaches into the required rear yard setback, it is considered a legal, non-complying structure. The proposed legalization of the rear decks with the new fire-rated wall are considered an expansion of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(CECILIA JAROSLAWSKY)

7. 2007.1439V: 61 POND STREET, on the east side, between 16th and 17th Streets; Lot 55 in Assessor's Block 3564 in an RH-2 (House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to demolish rear stairs and deck, approximately 20-foot wide by 11-feet deep, of a two-family structure and construct new rear stairs and decks at three levels at approximately the same location as the original.

Section 134 of the Planning Code requires a minimum rear yard of 10 feet, where 5 has been proposed; therefore, the construction of the rear stairs and decks would be contrary to Section 134 and would require a Variance.

(CECILIA JAROSLAWSKY)

8. 2007.1103V: 3929 19th Street,, south side, between Noe and Sanchez Streets; Lot 72 in Assessor's Block 3601 in an RH-2 (House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a new single-family dwelling at the front of a 25-foot wide by 114-foot deep lot, with an existing single-family dwelling at the rear of the lot.

Section 132 of the Planning Code requires a minimum front yard setback of 17 feet, where 0 has been proposed; therefore, the construction of the dwelling unit within the front setback would be contrary to Section 132 and would require a Variance.

Section 140 of the Planning Code requires all dwelling units face on an open area which is no less than 25 feet in every horizontal dimension where 10 feet has been proposed; therefore, the construction of the dwelling unit in front of the existing dwelling unit would be contrary to Section 140 and would require a Variance.

(RICK CRAWFORD)

9. 2008.0635V: 36 SAN LEANDRO WAY on the east side of San Leandro Way, between Portola Drive and St Francis Boulevard; Lot 005 in Assessor's Block 3070 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 an approximately 3 foot by 17 foot addition in the north side of the detached garage located at the rear of the lot. The addition will expand the width of the garage by 3 feet.

Section 134 of the Planning Code requires a rear yard of 25 feet where a rear yard of 3 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.

(ADRIAN PUTRA)

10. 2008.0687V: 130 Monterey Boulevard, on the north side of Monterey Boulevard, between Baden Street and Acadia Street; Lot 012 in Assessor's Block 6769 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard and Expansion of a Noncomplying Structure Variances: The proposal is demolish an approximately 6.5 feet wide and 9 feet deep laundry room, and in its place construct a one-story horizontal addition at the rear of a one-story house on the subject property. The proposed horizontal rear addition is approximately 7.5 feet wide, 16 feet deep, and is setback 25 feet from the rear property line.

Section 134 of the Planning Code requires that the subject property maintains a rear setback of 45 feet. The proposed horizontal rear addition will be setback 25 feet from the rear property line.

Section 188 of the Planning Code allows a noncomplying structure to be altered, providing that there is no new or increased discrepancy at any level between existing conditions on the lot and the required standards of the Planning Code. The subject house constitutes a noncomplying structure within the required rear yard with an existing rear setback of approximately 21 feet, where 45 feet is required.

(EDGAR OROPEZA)

11. 2008.0684V: 238 Richland Avenue, south side, between Murray and Leese Streets; Lot 041 in Assessor's Block 5745 in the RH-2 (Residential, House, Two-Family) District, The Bernal Heights Special Use District and a 40-X Height and Bulk District.

Rear Yard and Parking Variances: The project proposes a three-story rear-horizontal addition to the existing single-family residence.

Section 242 (e) (2) of the Planning Code requires that the subject property maintain a rear yard that measures 45'-0'' in depth measured from the rear property line. In this case the project proposes a rear yard of approximately 42'-0''.

Section 242 (e) (4) of the Planning Code states that if one or more alterations add over 200 square feet of usable floor area, the parking standards for new construction set forth above shall apply to the entire building. In this case a total of 4 independently accessible off-street parking spaces are required, only 2 off-street parking spaces are proposed.

(ERIKA JACKSON)

12. 2008.0574V: 1137-1139 Kansas Street, on the east side of Kansas Street, between 22nd and 23rd Streets; Lot 041 in Assessor's Block 4158 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 construct a new rear deck on the second floor in the existing south notch and rebuild the existing rear exit stairs and porch.

Section 134 of the Planning Code requires lots in an RH-2 Zoning District to maintain a rear yard equal to 45% of lot depth. The subject property is required to maintain a rear yard that measures 45 feet in length. The reconstructed rear exit stairs extend approximately 16 feet into the required rear yard and the proposed deck extends up to 13 feet into the required rear yard, leaving a rear yard of approximately 32 feet from the new deck. The proposal also would require an approximately 14 foot tall firewall along the southern property line and an approximately 11 foot tall firewall along the northern property line per the Building Code.

(ERIKA JACKSON)

13. 2008.0621V: 156 Texas Street, on the west side of Texas Street, between 17th and Mariposa Streets; Lots 008 and 033 in Assessor's Block 3985 in an RH-2 (Residential, House, Two-Family) and M-1 (Light Industrial) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a new single-story 15 foot by 18 foot artist/writers studio in the required rear yard.

Section 134 of the Planning Code requires lots in an RH-2 Zoning District to maintain a rear yard equal to 45% of lot depth and lots in an M-1 Zoning District to maintain a rear yard equal to 25% of lot depth. In addition, rear yard requirements can be reduced for lots in an RH-2 Zoning District by averaging the adjacent buildings. Using this measurement method, the rear yard requirement for the subject property would be approximately 32 feet for the RH-2 portion and 25 feet for the M-1 portion. The new structure would be located entirely within the required rear yard.

(ELIZABETH WATTY)

14. 2007.0463U: 4199 MISSION STREET, northeast corner of Ney Street, Lot 014, Assessor's Block 5869, located in an NC-2 (Neighborhood Commercial, Small-Scale) District and in a 40-X Height and Bulk District.

ZONING ADMINISTRATOR SERVICE STATION CONVERSION DETERMINATION SOUGHT: The proposal is to close the existing  Chevron service station due to an inadequate rate of return on investment.

Planning Code Section 228.4 requires the Zoning Administrator to approve the application and authorize the service station conversion if the Zoning Administrator determines that the owner of the subject property is not earning a fair rate of return on investment.

The authorization of the conversion would not preclude any other entitlements required by other City codes.

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 10:00:45 PM