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Seal of the City and County of San Francisco
City and County of San Francisco
November 19, 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, NOVEMBER 19, 2008

Session Begins at 9:30 A.M.

Public Hearing

Lawrence Badiner, Zoning Administrator

Sonya Banks, 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.

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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.

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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 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, November 19, 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.

(SHELLEY PERDUE)

1. 2007.1010V: 329–331 WALLER STREET (A.K.A. 30–32 Germania Street) a through lot between Waller and Germania Streets situated between Webster and Fillmore Streets; Lot 035 in Assessor's Block 0868 in an RTO (Residential, Transit-Oriented) and a 40-X Height and Bulk District.

Minimum Lot Area, Rear Yard, Open Space, and Dwelling Unit Exposure Variances: The proposal is to subdivide an approximately 120-feet deep by 25-feet wide (3,000 square feet) through lot containing two buildings, one at each street frontage. The proposed Waller Street lot would be approximately 66.5-feet deep by 25-feet wide (1,662 square feet) and the Germania Street lot would be approximately 53.5-feet deep by 25-feet wide (1,337 square feet). No construction is proposed at this time.

Section 121 of the Planning Code requires that the minimum lot area for a lot shall be 2,500 square feet. The subject lot is approximately 3,000 square feet in area. The proposal will produce one lot (Waller Street) of approximately 1,662 square feet in area and one lot (Germania Street) of approximately 1,337 square feet in area.

Section 134 of the Planning Code requires that the rear yard in an RTO District be equal to 45 percent of the total depth of the lot on which the building is situated, or the average of the two adjacent rear yards but in no case less than 25 percent of the lot depth or 15 feet whichever is greater. Therefore, the required rear yard depth for both of the proposed lots would be 15 feet. Currently the lot contains two buildings with no rear yards and the proposed subdivision will maintain this condition.

Section 135 of the Planning Code requires that useable open space be provided for each dwelling unit in an R District. In RTO Districts, the useable open space requirement is 100 square feet of private useable open space per unit or 133 square feet of common useable open space per unit. The Waller Street building contains four units, which require 532 square feet of open space, and the Germania Street building contains two units, which require 266 square feet of open space. The proposed Waller Street lot will provide 220 square feet of open space and the Germania lot will provide 176 square feet of open space. Currently the lot contains two buildings that do not meet the open space requirement and the proposed subdivision will maintain this condition.

Section 140 of 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 Waller Street lot will contain two dwelling units that have exposure only at the rear of the building where they face a sub-standard, 9-foot deep by 25-feet wide open area.

(SOPHIE MIDDLEBROOK)

2. 2008.1100V: 142 SATURN STREET, on the north side of Saturn Street between Roosevelt Way and Lower Terrace, Lot 023 in Assessor's Block 2627 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

FRONT YARD VARIANCE SOUGHT: The proposal is to remove and replace the existing front entry stairs, and to add a new, wrought iron guard rail on the existing concrete retaining wall. The project proposal includes reconfiguring and re-cladding the concrete wall in scored stucco. The proposed project does not include a building expansion other than the replacement front stairs, which will extend approximately 2'6 further than the existing front stairs, and the replacement of the existing retaining wall.

Section 132 of the Planning Code requires that dwellings in the RH-2 Zoning District maintain a front setback that is equal to an average of the front setbacks of the two adjacent properties. Based on the site conditions of the two adjacent neighbors, the required front setback for the subject property is approximately 16'9 . The existing front setback measures approximately 2'6 . As proposed, the new entry stairs will not provide a front setback beyond the retaining wall at the property line.

(SOPHIE MIDDLEBROOK)

3. 2008.1099V: 140 ST. GERMAIN AVENUE, north side , Lot 026 in Assessor's Block 2709 in an RH-1(D) (Residential, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to add living space at the ground level of the existing building by enclosing the area beneath the existing rear deck. As proposed, the project does not include an expansion of the existing building envelope beyond the rear deck. The proposed project also includes alterations to the front of the subject building such as a reconfigured entrance and a new fence; alterations to the front of the subject building do not require a variance from the Planning Code requirements.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 25' in length. The existing rear yard measures 10' in length. The proposed infill at the ground level at the rear would provide living space and maintain the existing 10' rear yard.

Section 188 of the Planning Code allows a non-complying structure to be altered, provided that there is no increased discrepancy between existing conditions and the required standards of the Planning Code. The existing building constitutes a non-complying structure that extends into the required rear yard; the proposed infill below the rear deck would increase the living space within the required rear yard.

(CECILIA JAROSLAWSKY)

4. 2008.1200V: 39 Allston Way, , south side, between Ulloa and Claremont Streets; Lot 15 in Assessor's Block 2984 in an RH-1(D) (House, One-Family (Detached Dwellings)) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a 200 square-foot triangular deck that projects approximately 10 feet at the apex, onto the rear of a single-family dwelling located on a downward-sloping lot. The lot is 27 feet wide by 100 feet deep.

Section 134 of the Planning Code requires a minimum rear yard setback of 25 feet, where 15 has been proposed; therefore, the construction of the deck within the rear setback would be contrary to Section 134 and would require a Variance.

(RICK CRAWFORD)

5. 2008.1220V: 617 ULLOA STREET, on the south side of Ulloa Street, between Dorchester and Granville Ways; Lot 035 in Assessor's Block 2983 in an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

Side Yard Variance: The proposal is to construct a second story on the existing one-story dwelling. This project was previously noticed and approved by the Planning Department with the second floor setback one foot from the existing side wall of the dwelling. The proposed change would align the side walls of the second story addition with the side walls of the lower story.

Section 133 of the Planning Code requires that the subject property maintain 2 side yards that measure a total of 5 feet in width with one side yard that measures at least 3 feet in width. The second story would have two side yards that each measure 2 feet in width.

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

(ANGELA HEITTER)

6. 2008.0392VL 472-480 ELLIS STREET, a.k.a. Arlington Hotel, on the northeast corner of Leavenworth Street; Lot 015 in Assessor's Block 0323 in an RC-4 (High-Density Residential Commercial) Zoning District and a 80-T Height and Bulk District.

Common Useable Open Space Variance: The proposed project is the conversion of 82 existing tourist hotel rooms and 91 residential group housing units into 150 residential group housing units with one manager's dwelling unit. The project would provide no common useable open space for the 59 new residential group housing units or manager's dwelling unit.

Section 135 of the Planning Code, the Project requires a total of 745 sq. ft. of private open space in the form of private balconies or private decks, or approximately 992 sq. ft. of common open space for the 59 new proposed group housing units and manager's dwelling unit. The existing historic building will not fulfill the common usable open space requirement.

(AARON HOLLISTER)

7. 2008.1173V: 1838 Grant Avenue, east side of Grant Avenue, between Chestnut and Lombard Streets, Lot 018 in Assessor's Block 0061 in an RH-3 (Residential, House Districts, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is the addition of a spiral staircase in the required rear yard of the subject property.

Section 134 of the Planning Code requires an approximate 17-foot, six-inch rear yard on the subject site. The subject building contains an attached second-story stair and landing structure. The landing portion of the structure is set-back approximately 16 feet from the rear property line, or located approximately one foot, six inches into the required rear yard. The proposed spiral staircase will be attached to the existing second-story landing, will vertically extend to the roof of the subject building and will extend approximately two feet, six inches into the required rear yard, or approximately six inches further than the existing landing.

Section 188 of the Planning Code prohibits the expansion or replacement of a non-complying structure. Because the landing and stair structure already is located in the required rear yard, it is considered a legal non-complying structure. Therefore, the proposed expansion with the construction of new stairs in the required rear yard would be contrary to Section 188 of the Planning Code.

(ERIKA S. JACKSON)

8. 2008.1115V: 794 MOULTRIE STREET, on the west side between Ogden and Crescent Avenues; Lot 013 in Assessor's Block 5743 in an RH-1 (Residential, House, Single-Family) Zoning District and a 40-X Height and Bulk District and the Bernal Heights Special Use District.

Noncomplying Structure, Rear Yard, and Mass Reduction Variances: The proposal is to demolish the existing second floor rear sunroom and construct a new approximately 200 square foot addition on the second floor above the existing first floor rear addition. This rear extension would replace the existing extension on the second floor.

Planning Code Section 188 prohibits the intensification of any discrepancy of a nonconforming structure with the requirements of the Planning Code. The second story addition will increase the mass of the building beyond the permitted buildable envelope. The second floor will be expanded by approximately 200 square feet and thereby intensifies the structure's discrepancy from Section 242(e)(2) of the Planning Code.

Planning Code Section 242(e)2 of the Planning Code requires lots in an RH-2 Zoning District with a depth of 70 feet or less in the Bernal Heights Special Use District to maintain a rear yard equal to 35% of lot depth. The subject property is required to maintain a rear yard that measures 24.5 feet in length. The existing rear yard is approximately 17.5 feet. The proposed new rear addition extends approximately 12 feet into the required rear yard, leaving a rear yard, leaving a rear yard of approximately 15 feet from the rear bay window.

Planning Code Section 242(e)3 requires a 650 square foot reduction from the maximum permissible building height and lot coverage on lots less than 100 feet in depth. The subject property is providing a mass reduction of 334 square feet.

(BEN FU)

9. 2008.1005V: 247-249 COLERIDGE STREET, southeast corner of Virginia and Heyman Avenues; Lot 026 in Assessor's Block 5643, in a RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation, and within the Bernal Heights Special Use District.

Rear Yard and Open Space Variance Sought: The proposal is to construct a new rear deck at the second level and encroaching into the required rear yard and open space.

Planning Code Section 242(e)(2) requires a minimum rear yard of 45 percent of the total depth of lot for a property within the Bernal Heights Special Use District. Planning Code Section 242(e)(C )(iii) further states that those obstructions into rear yards otherwise permitted by Code Section 136 ( c )(2), (3) and (25) may not be permitted.

The subject property has a required rear yard depth of 31'-6 . The existing building encroaches approximately 17'-6 into the rear, leaving a rear yard of approximately 14'-0 . The proposed deck extends an additional 7'0 into the rear, leaving a rear yard of approximately 7'-0 .

Planning Code Section 135 requires a minimum of 15'-0 in every horizontal dimension for common open space in addition to 333 square feet of area for a property within the RH-2 Zoning District.

Although the property meets the open space requirement in terms of size by preserving a rear yard of approximately 350 square feet, the common open space of 14'-0 x 25'-0 does not meet the dimensional requirement.

Planning Code Section 188prohibits 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 and open space. The proposed deck intensifies the discrepancy of the existing non-complying structure.

(COREY TEAGUE)

10. 2006.0432CV: 299 Valencia Street – northeast corner of intersection with 14th Street, Lot 014 in Assessor's Block 3532, in a NCT-3 (Moderate Scale Neighborhood Commercial Transit District) and a 50-X Height and Bulk District.

Open Space Variance Sought: The proposal is to construct a 5-story mixed-use building with ground floor commercial space and 36 dwelling units that would not meet the minimum requirements for open space.

The proposal includes 2 roof decks, 4 large private decks, multiple smaller decks, and a ground floor garden area. Excluding the smaller decks, each of these open spaces meets the minimum size requirements of Section 135. However, only the larger roof has an area of adequate size, dimensions, and frontage to be code-complying, providing approximately 2,772 square feet of common open space for 26 dwelling units. The other open spaces combine to meet the minimum area requirements, but do not meet minimum dimension or frontage requirements of Section 135, leaving 10 dwelling units without code-complying open space.

Planning Code Section 135 requires dwelling units in the NCT Zoning District to have a minimum of 80 square feet of private useable open space per dwelling unit, 106.4 square feet of common useable open space per dwelling unit, or an adequate combination to the two.

B. REGULAR CALENDAR

(SHARON LAI)

11. 2008.1118V: 2104 CASTRO STREET, on the west side of Castro Street, between 28th Street and Valley Street; Lot 003 in Assessor's Block 6611 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to seek a variance for a single story horizontal rear extension constructed without the benefit of permits by prior owners sometime in the past.

Section 134 of the Planning Code requires that the subject property maintain a rear yard of 45% of the lot depth, 47-feet, 3-inches, with the ability to project beyond the requirement with a 12-foot deep, single-story addition. The constructed horizontal addition is approximately 10-feet wide by 16-feet deep, encroaching 4-feet into the required rear yard, and extending to within 31-feet of the rear property-line, thus requiring a variance from Planning Code Section 134.

(ADRIAN PUTRA)

12. 2008.1119V: 415 (413-417) Duncan Street, on the south side of Duncan Street, between Sanchez Street and Noe Street; Lot 039 in Assessor's Block 6602 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The project site contains the subject, two-unit residential building that fronts Duncan Street, and a one-unit cottage that is located at the rear of the site. The project is to construct an approximately 14 feet deep by 26 feet wide, horizontal third floor rear addition with a three feet deep by 11.5 feet wide deck above the second floor roofline of the subject building that fronts Duncan Street, and construct a approximately 11.5 feet wide by 7 feet deep rear deck with a spiral staircase at the rear of the second level of the subject building, as well.

Section 134 of the Planning Code requires in the situation where there is a legally existing dwelling at the front and rear of the subject lot that the minimum yard depth between the two buildings is 25 percent of the subject lot depth or 15 feet, whichever is greater. The proposed horizontal rear addition to the front building on the subject lot will be setback at least 16 feet from the rear building, where 28.5 feet is required.

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 front building is a noncomplying structure within the required rear yard with an existing setback of approximately 19.5 feet where 28.5 feet is required.

(ELIZABETH WATTY)

13. 2008.1067V: 257 COLLINGWOOD STREET, at the east side of Collingwood Street between 19th and 20th Streets; Lot 022A in Assessor's Block 2696 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Front Setback, Noncomplying Structure, and Rear Yard Variances: The proposal is to raise the building approximately three-feet in order to add a garage, create a curb cut to accommodate the new driveway, construct a rear deck and staircase, and construct dormers to allow for habitable space within the attic. The existing house is noncomplying with regard to the front setback and raising the building increases the dwelling's degree of noncompliance.

Section 132 of the Planning Code requires that the Subject Property must maintain a front setback of seven feet. The existing dwelling is five feet, six inches from the front property line. The proposal to raise the building approximately three feet is a volumetric expansion within the required front setback and thus requires a front setback variance.

Section 134 of the Planning Code requires a rear yard of approximately 56 feet, measured from the rear property line. The proposed deck and staircase do not fit within any permitted obstruction under the Planning Code and extend to within approximately 42 feet of the rear property line. This is an encroachment of 14 feet into the rear yard, which necessitates a rear yard variance.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure that increases the structure's degree of noncompliance. The front portion of the existing structure is noncomplying as it encroaches one foot six inches into the front setback. Raising the structure three feet to accommodate a garage increases the structure's degree of noncompliance and thus requires a noncomplying structure variance.

(JIM MILLER)

14. 2008.1154V 75 LILY STREET, south side between Franklin and Gough Streets, Lot 009 in Assessor's Block 0837, in an NCT-3 (Neighborhood Commercial, Transit-Oriented) District and a 40-X Height and Bulk District.

Usable Open Space and Dwelling Unit Exposure Variances: The proposal is convert vacant basement space two rear-facing studio dwelling units with a rear-yard approximately six feet wide and 27.5 feet wide with no Code-complying usable open space. The creation of the two new units would be subject to the granting of the Variances described below.

Section 135 of the Planning Code sets forth standards for usable open space. Each dwelling unit in an NCT-3 District is required to have 36 square feet of usable open space, if all private, or 48 square feet if used in common by two or more dwelling units. Any space credited as common usable open space must be 15 feet in each horizontal dimension and a minimum of 300 square feet in area. Such space does not exist on the subject lot.

Section 140 of the Planning Code requires that one window in each dwelling unit face onto a complying rear yard, a public street, or a space 25 feet square and entirely on private property. The proposed new units would not face onto one of these three areas.

(DIEGO R SANCHEZ)

15. 2008.1158V: 1888 PALOU AVENUE, on the north side of Palou Avenue, between Quint

and Dunshee Streets; Lot 039 in Assessor's Block 5320 in an RH-1

(Residential, House, Single Family) Zoning District and a 40-X Height and

Bulk District.

Front Set Back Variance: The proposal is to expand the third story approximately 16 feet 6 inches beyond what was approved under Variance Case 2005.0860V and Building Permit Application 2005.11.23.8930. The expanded third story, currently under construction without the benefit of permit, would match the footprint of the first and second story of the building.

Condition 1 of Case 2005.0860V requires any building expansion beyond what was approved under said case to be reviewed by the Zoning Administrator and, should the Zoning Administrator determine there is a significant or extraordinary impact, require a variance be sought and justified. The Zoning Administrator has determined that the proposed third story expansion requires a variance be sought and justified.

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