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March 25, 2009

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, MARCH 25, 2009

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.

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 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, March 25, 2009, 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.

(CHRISTINE LAMORENA)

1. 2008.1392V: 2324-2334 GREENWICH STREET and 25-27 SERVICE STREET, on the north side of Greenwich Street between Steiner and Pierce Streets, Lot 009 in Assessor's Block 0511 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Lot Area/Width, Rear Yard, Open Space, Dwelling Unit Exposure and Non-complying Structure Variances: The proposal is to subdivide a 7,352 square foot through lot containing four residential structures that front on both Greenwich and Service Streets. A total of four new lots would be created to correspond with the existing structures. No construction or alteration to the existing buildings is proposed.

Section 121 of the Planning Code requires a minimum lot width of 25 feet and lot area of 2,500 square feet. The proposed lot at 2328 Greenwich Street will have a lot width of approximately 16 feet (deficient in lot width by 9 feet) and lot area of approximately 618 square feet (deficient by 1,882 square feet). The proposed lot at 2324 Greenwich Street would have a lot area of approximately 1,327 square feet (deficient by 1,173 square feet). Therefore, the lot subdivision would create two sub-standard lots contrary to Section 121 of the Planning Code.

Section 134of the Planning Code requires the minimum rear yard depth to be 45 percent of the total depth of the lot of 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. With the proposed lot subdivision, three of the four existing buildings would encroach into their respective required rear yards. In addition, the proposed lot at 2332-2334 Greenwich Street has an existing one-story garage fronting on Service Street located entirely within the required rear yard.

Section 135 of the Planning Code requires 125 square feet of private open space for each of the six dwelling units or a total of approximately 1000 square feet of common usable open space for all six units, or a sufficient combination of private and common open space. Usable open space must meet certain minimum standards, and once provided, cannot be removed. The proposed lot at 2328 Greenwich Street containing one unit would provide approximately 64 square feet of private open space (where 125 square feet would be required) while the lot proposed at 25-27 Service Street containing two units would provide approximately 262 square feet of open space (where 334 square feet would be required), both creating noncompliant situations.

Section 140 of the Planning Code requires that each dwelling unit face either a public street or alley at least 25 feet in width, or a code-complying rear yard. The building at 25-27 Service Street faces an alley only 20 feet in width and would thus be contrary to Section 140 of the Planning Code.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of non-complying structures. Because the existing buildings are already considered non-complying and the discrepancies already exist, they are considered legal, non-complying structures. However, the proposed lot subdivision would further increase the degree of non-compliance of the existing buildings; therefore, the proposed lot subdivision would be contrary to Section 188 of the Planning Code.

(TOM WANG)

2. 2009.0015V: 4543-4545 18th STREET, on the south side of 18th Street, between Clover and Douglass Streets; Lot 037 in Assessor's Block 2691 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 an existing two-story staircase and replace it with a new two-story staircase, at the rear of the three-story, three-family dwelling. The landing area of the new staircase would also function as a deck on the second and third floors, respectively. The two-story staircase to be removed currently encroaches 10 feet into the required rear yard.

Section 134(c)(1) of the Planning Code requires a minimum rear yard of approximately 50 feet, measured from the rear property line, for the subject lot. The proposed two-story staircase would extend to within 40 feet of the rear property line, encroaching 10 feet into the required rear yard.

Section 188 of the Planning Code prohibits the reconstruction after demolition of a noncomplying structure except in full conformity with its requirements. The existing staircase, which already extends into the required rear yard, is considered a legal, noncomplying structure. Therefore, the proposed staircase would result in the reconstruction of a noncomplying structure.

(SHARON YOUNG)

3. 2008.1329V: 1100 - 1112 LOMBARD STREET, north side between Larkin and Hyde Streets, Lots 006A and 021 in Assessor's Block 0069 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard VarianceSought: The proposal is a lot line adjustment between Lot 006A and Lot 021 to reconfigure the lots such that they correspond with the two residential structures on the lots, one of which currently spans the two existing lots. Lot 006A (approximately 5,500 square feet) is occupied by a two-story, single-family dwelling at 1112 Lombard Street. Lot 021 (approximately 6,750 square feet) is occupied by a three-story, five-unit apartment building at 1100 Lombard Street. Currently, a horizontal extension on the east side of the single-family dwelling at 1112 Lombard Street extends across the shared lot line and almost entirely across the width of Lot 021. The proposed lot line adjustment would create an approximately 9,231 square-foot, L-shaped lot on Lot 006A and an approximately 3,019 square-foot, square-shaped lot on Lot 021 so that each building would occupy its own lot. No changes are proposed to either building.

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. With the proposed lot line adjustment, a portion of the existing apartment building at 1100 Lombard Street would extend approximately 2 feet into the required rear yard of 15 feet.

(ERIKA JACKSON)

4. 2009.0055V: 1094 DEHARO STREET, on the west side between 22nd and 23rd Streets; Lot 017 in Assessor's Block 4159 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 demolish and rebuild the existing rear exit stairs with the addition of a rear second floor deck. The existing rear exit stairs and landing on the first floor are not included in the scope of work.

Planning Code Section 134 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 existing rear yard is approximately 36 feet to the main building wall and 17 feet to the existing rear exit stairs. The proposed new rear exit stairs will extend to the same depth as the existing exit stairs but will be setback an additional 2 feet from the side property line. The new rear second floor deck located adjacent to the new rear exit stairs will be approximately 9 feet deep by 14 feet wide leaving a rear yard of 27 feet.

(AARON HOLLISTER)

5. 2008.0704V: 1262 PACIFIC AVENUE (aka 165 BERNARD STREET), north side of Pacific Avenue, between Leavenworth and Jones Streets, Lot 017 in Assessor's Block 0156 in the Pacific Avenue Neighborhood Commercial District, an RM-2 (Residential-Mixed, Moderate Density) Zoning District, and a 40-X and a 65-X Height and Bulk District.

Minimum Lot Width, Minimum Lot Size and Rear Yard Variance: The proposal is to subdivide the subject through lot into two lots each containing one building with one lot fronting Pacific Avenue and one lot fronting Bernard Street. No construction or physical expansions of the structures on the project site are proposed under this application.

Section 121(d) of the Planning Code requires a minimum lot width of 25 feet. Both of the proposed lots will have a width of 23 feet.

Section 121(e) of the Planning Code requires a minimum lot size of 2500 square feet. The proposed lot fronting Pacific Avenue will be approximately 1445 square feet while the lot proposed fronting Bernard Street will be approximately 1315 square feet.

Section 134 of the Planning Code requires that the proposed lot fronting Pacific Avenue maintain an approximate 15.5-foot rear yard and that the proposed lot fronting Bernard Street maintain a 15-foot rear yard. After subdivision, both of the proposed lots would have an approximate 7.5-foot rear yard.

(KEVIN GUY)

6. 2008.1210V: 377 BAY STREET, between Mason and Powell Streets; Lot 039 in Assessor's Block 0041 in the C-2 Zoning District, the 40-X Height and Bulk District, and the Waterfront Special Use District No. 2.

Off-Street Parking Variance: The proposal is to add two stories to an existing, one-story commercial building. The addition will include four dwelling units and roof decks. The project also proposes to renovate the existing facade and interiors of the ground-floor retail spaces. The finished roof would reach a height of approximately 34 feet. As permitted by the Planning Code, a stair penthouse would exceed the 40-foot height limit, up to a maximum height of approximately 43 feet. No off-street parking is proposed to serve the project, therefore, the project requires a variance from the parking requirements of the Planning Code.

Section 151 of the Planning Code requires one off-street parking space for each dwelling unit. Because the ground-floor retail spaces measure less than 5,000 square feet, no off-street parking spaces are required for the retail component of the project. Therefore, the project would be required to have a total of four off-street parking spaces to serve the four dwelling units.

B. REGULAR CALENDAR

(AARON STARR)

7. 2009.0030V: 38 WEST CLAY STREET, on the north side between 22nd and 24th Avenues; Lot 006 in Assessor's Block 1335 in an RH-1 (D) (Residential, House, Single Family, Detached) Zoning District and a 40-X Height and Bulk District.

Rear Yard, Side Yard and Noncomplying Structure Variances: The proposal includes constructing retaining walls and stairs in the required rear yard approximately 7' above grade and reconfiguring the existing 2 car side-by-side garage into a 2-car tandem garage in order to provide more useable open space in the rear yard for this single family 3-story house.

Section 133 of the Planning Code requires the subject property to maintain a 3' wide side yard setback at each side property line. The proposed garage will encroach into the side yard setback at the west side of the property.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 32' in depth. The Code does not permit retaining walls in the required rear yard that are higher than 3' above grade. The proposed retaining walls will be located within the required rear yard and will be approximately 7' above grade at the highest point.

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. The existing garage is considered a legal noncomplying structure because portions of the building already encroach into the required rear yard and side yard. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

(EDGAR OROPEZA)

8. 2009.0040V: 743 RHODE ISLAND STREET, east side between 19th and 20th Streets; Lot 013 in Assessor's Block 4072, within the RH-2 (Residential House, Two-Family) District, and a 40-X Height and Bulk District.

Rear Yard Variance: The project proposes an in-kind replacement of the existing roof-top deck located at the rear of the existing two-family dwelling. The replacement deck requires a new 3'-6'' firewall limited to the south property line. All new firewalls proposed within the required rear yard are required to seek and justify a rear yard variance.

Section 134 of the Planning Code states that the minimum rear yard for properties located within the RH-2 Districts shall be equal to 45 percent of the total lot depth measured from the rear. In this case the required rear yard is approximately 45-feet. The existing building already intrudes approximately 17-feet into the required rear yard. The project proposes an in-kind replacement of the existing roof-top deck located at the rear of the existing two-family dwelling. The replacement deck requires a new 3'-6'' firewall limited to the south property line. The existing rear yard of approximately 28- feet shall remain.

(ADRIAN PUTRA)

9. 2008.1399V: 3773 22ND STREET, on the south side of 22nd Street, between Sanchez Street and Church Street; Lot 026 in Assessor's Block 3626 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

Off-street Parking and Dwelling Unit Exposure Variances: The proposal is create a second unit at the ground floor level, while continuing to provide one off-street parking space for the subject building.

Section 151 of the Planning Code requires that the subject property maintain one off-street parking space for each dwelling unit. The subject building currently has one dwelling unit and one off-street parking space. The proposal is to add another dwelling unit at the ground of the subject building, while not providing an additional off-street parking space for the new dwelling unit, thereby resulting in a two-unit building with one off-street parking space.

Section 140 of the Planning Code requires that for each dwelling unit the required windows (as defined by Section 501.4 of the SF Housing Code) of at least one room that meets the 120 sq.ft. minimum superficial floor area requirement of Section 501.1 of the Housing code shall face directly on an unobstructed open area that is no less than 25 feet in every horizontal dimension. The proposed ground floor dwelling unit does not have a room of at least 120 sq.ft. with windows that face directly on an unobstructed open area.

(TIM FRYE)

10. 2008.0283V: 41-43 MIRABEL STREET, between Coso Avenue and Shotwell Street, Assessor's Block, 5517, Lot 034. The Subject property is within an RH-2 (Residential, Two-Family) District with a 40-X Height and Bulk District and within the Bernal Heights Special Use District.

Rear Yard Variance: The proposal is to remove the existing rear deck and stair and expand the building at the rear on the ground and first floors only and to construct a new rear deck within the required rear yard. The overall footprint of the rear deck and stair will be smaller than what currently exists.

Section 242 of the Planning Code requires the minimum rear yard depth within the RH-2 zoning district be equal to 45 percent of the total depth of the lot in which the building is located and no part of any building may be within 25 percent or 15 feet, whichever is greater, of the rear property line. The required rear yard is 45 feet. The proposed rear yard would be approximately 41 feet when measured from the property line to the rear wall of the structure. The project sponsor proposes to expand the existing building approximately 6 feet, of which approximately 4 feet is located within the required rear yard. This expansion will occur at the ground floor and first floor levels. A proposed deck extends an additional 14 feet from the new expansion and will be located at the ground and first floor levels. The total encroachment in the required rear yard is 18 feet, leaving an actual rear yard of approximately 27 feet when measured from the rear property line to the base of the new deck stair.

(ADRIAN PUTRA)

11. 2007.1389V: 3943-3947 17TH STREET, on the southeast corner of 17th Street and Hartford Street; Lot 078 in Assessor's Block 3582 in an RH-3 (Residential, House, Three-Family) and a 40-X Height and Bulk District.

Rear Yard Variance and Expansion of a Noncomplying Structure: The project is to demolish an approximately 15 feet high, 5 feet deep, and 13 feet, 6 inches wide rear porch and staircase structure, and in its place construct an enclosed staircase structure that is approximately 39 feet high, 7 feet deep, and 16 feet, 3 inches wide at the rear of the subject building. The proposed staircase structure will provide a required means of egress for an existing dwelling unit at the top floor.

Section 134 of the Planning Code requires that the subject property maintains a setback of 22 feet from the rear property line. The proposed horizontal rear extension will have no setback 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 existing building is a noncomplying structure within the required rear yard with a rear setback of approximately 1 foot, 6 inches where 22 feet is required.

(AARON STARR)

12. 2008.1186V: 1348 – 10TH AVENUE, on the east side between Irving and Judah Streets; Lot 031 in Assessor's Block 1764 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard, Parking and Non Complying Structure Variances: The proposal is to infill an approximately 5' deep by 23' wide area- approximately 115 sq. ft. - located at the rear, ground floor of the subject building, which is used as an office for a printing press business (dba Guadalupe Associates).

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 54' in depth. The proposed expansion encroaches approximately 4' into the required rear yard.

Section 151 of the Planning Code requires 1 parking space for every 500 square feet of occupied floor area where the occupied floor area exceeds 5000 sq. ft for general office uses. The proposed addition will increase the occupied floor area from 4,993 sq. ft. to 5,108 sq. ft. thus requiring 10 new parking spaces. No parking is proposed.

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

(SHARON LAI)

13. 2008.1178V: 1344 CLAYTON STREET, on the east side of Clayton Street, fronting also on Corbett Avenue as a through-lot, cross street is Deming Street; Lot 015 in Assessor's Block 2660 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal seeks a variance to construct an additional dwelling unit, by replacing an existing detached garage structure fronting on Corbett Avenue with a four-story single family home.

Section 134 of the Planning Code requires that the subject property maintain a rear yard of 45% of the lot depth, 52-feet. The new dwelling unit, fronting on Corbett Avenue, is proposed to be located entirely within the required rear yard. The new dwelling unit footprint proposes to be approximately 57-feet deep, leaving a distance of 18-feet between the two structures. Approximately 51-feet of the proposed dwelling is located within the required rear yard, thus requiring a variance from Planning Code Section 134.

(DIEGO R SANCHEZ)

14. 2009.0113V: 1510 25TH STREET, on the north side of 25th Street, between Texas and Mississippi Streets; Lot 027 in Assessor's Block 4224 in an RH-3 (Residential, House, Three Family) Zoning District and a 40-X Height and Bulk District.

Front Setback and Street Frontage Variance: The proposal is to construct a new single family dwelling unit within the required front setback. The new dwelling unit will provide 2 off street parking spaces accessed through 2 eight foot wide garage doors on grade. The combined width of all the entrances to off street parking, including an existing 15 foot garage door, totals 62% of the street frontage

Section 132 of the Planning Code requires a front setback of 10 feet 7 inches for the lot in question. The proposal does not provide a front setback.

Section 144 of the Planning Code prohibits more than 30% of the width of the ground story along the front lot line to be devoted to entrances to off-street parking spaces. The width of all entrances at the ground story devoted to off street parking is 62% of the lot width.

(SHARON LAI)

15. 2009.0042V: 3665-3669 18th STREET, on the south side of 18th Street, between Dolores and Oakwood Streets; Lot 049 in Assessor's Block 3587 in an RM-2 (Residential, Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.

Parking and Exposure Variances: The proposal is to legalize a fifth ground floor unit without providing additional parking or adequate exposure to an open space area at the existing 3-story building.

Section 151 of the Planning Code requires one independently accessible off –street parking space for each dwelling unit. There are 2 existing parking spaces where 5 would be required.

Section 140 of the Planning Code requires that each dwelling unit shall have at least one window that faces directly on an open area with a minimum dimension of at least 25-feet in every horizontal dimension. The proposed ground floor unit does not have at least one window that meets this requirement.

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