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Seal of the City and County of San Francisco
City and County of San Francisco
May 27, 2009

REVISED

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, MAY 27, 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, May 27, 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.

(AARON D. STARR)

1. 2009.0184V 46 WEST CLAY STREET, on the north side between 22nd and 24th Avenues; Lot 007 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 and Side Yard Variances: The proposal is to demolish the existing 2-car garage in the rear yard with side-by-side parking and replace it with a 2-car garage in the rear yard with tandem parking for this single-family, 3-story over basement house. Also included in the proposal, but not subject to a variance, is a roof deck above the new garage and a bridge that will link the roof deck to the main 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 east side of the property.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 33' in depth. The proposed structure will encroach approximately 16' into the required rear yard.

(SHARON YOUNG)

2. 2009.0318V 30 - 16th AVENUE, east side between Presidio Avenue and Lake Street, Lot 010 in Assessor's Block 1343 in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a one-story horizontal addition (beneath the existing second floor rear deck) that that will extend into the required rear yard of the three-story over basement, single-family dwelling. The proposal will include removing a portion of the existing horizontal addition on the first floor and constructing a new horizontal addition (approximately 23'6 wide by 10' deep by 10' above grade) in its place, so that the new extension will be aligned with the exit stairs connected to the existing second floor rear deck. The proposal will also include a lateral extension (to accommodate a new elevator abutting the north property line) and roof deck above the third floor, which is not the subject of this variance.

Section 134 of the Planning Code requires a rear yard area in an RH-1 Zoning District to be equivalent to 25 percent of the total lot depth at grade level and at each succeeding story of the building. The subject property, with a lot depth of 82'6 , has a required rear yard of approximately 21'. On the north side of the lot, a portion of the new horizontal addition will extend approximately 2'6 to 5'6 into the required rear yard.

(SARA VELLVE)

3. 2008.0993V 779A – 32nd AVENUE, west side between Balboa and Cabrillo Streets; Lot 011 in Assessor's Block 1612 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 an approximately 14-foot deep by 19-foot wide horizontal addition to the rear of the existing one-story noncomplying single-family dwelling located at the back of the subject property. A single-family residential building occupies the front of the property with an approximately 40-foot deep yard between the two buildings.

Section 134 of the Planning Code requires that the subject property maintain a rear yard of approximately 42 feet in depth from the rear property line. The proposed addition would be set back approximately 9 feet from the rear property line.

(SARA VELLVE)

4. 2006.1065V 145-149 Buena Vista Avenue East/52 Alpine Terrace, between Waller Street and Duboce Avenue; Lots 036 and 037 (formerly lot 005) in Assessor's Block 1258 in an RH-3 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Parking Variance: The garage at 52 Alpine Terrace has provided three off-street parking spaces for the dwellings at 145 -149 Buena Vista Avenue East. The project proposes to demolish the garage and construct a three-unit residential building in its place. Five parking spaces will be provided in the proposed building at 52 Alpine Terrace to accommodate five units on two separate lots. Lot 005 was split into Lot 036 for 145-149 Buena Vista Avenue East (two units) and Lot 037 for 52 Alpine Terrace (three units).

Section 155 of the Planning Code requires that all required off-street parking be located on the same lot as the use served by it. As the parking spaces for 145 – 149 Buena Vista East will be located on the lot for the development at 52 Alpine Terrace, a variance from the parking requirement is necessary.

(GLENN CABREROS)

5. 2009.0344V 2849 FILLMORE STREET, on the west side of the street between Green and Vallejo Streets; Lot 002 in Assessor's Block 0558 in an RH-3 (Residential, House, Three- Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to remove the existing three-story stair structure and to construct a new three-story stair structure at the rear of the three-story five-unit apartment building.

Section 134 of the Planning Code requires a minimum rear yard area in an RH-3 Zoning District to be equivalent to 45 percent of the lot depth, or when using averaging of adjacent building rear walls, no less than 25 percent of the lot depth or 15 feet, which is greater. The averaged rear yard for the subject property measures approximately 27 feet deep. The proposed rear stair structure encroaches approximately 10 feet into the averaged rear yard at the ground story and approximately 8 feet into the averaged rear yard at the floors above.

(ADRIAN PUTRA)

6. 2009.0309V: 33 ROSSMOOR DRIVE, on the south side of Rossmoor Drive, between Junipero Serra Boulevard and 19th Avenue; Lot 002E in Assessor's Block 7231 in an RH-1(D) (Residential, House, Single-Family, Detached) and a 40-X Height and Bulk District.

Side Yard and Expansion of Non-complying Structure Variances: The project is to construct an approximately 20.5 feet wide by 25 feet deep one-story vertical addition above an attached one-story garage located at the at the east side of a single-family building. The project will not expand the existing building's footprint.

Section 133 of the Planning Code requires that the subject property maintains a 5 feet side setback. The proposed vertical addition will have a minimum side setback of 3 feet to match the subject building's existing non-complying side setback. The project has a triangular portion which extends a maximum of 3 feet into the required side setback, a maximum length of approximately 8 feet.

Section 188 of the Planning Code allows a non-complying 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 dwelling constitutes as a non-complying structure by encroaching a maximum of 2 feet into the required side setback of 5 feet. The addition would match the existing 2 feet discrepancy between the subject dwelling and the standards of the Planning Code.

(EDGAR OROPEZA)

7. 2009.0328V: 148 HIGHLANDAVENUE, south side, between Mission Street and Holly Park Circle; Lot 048 in Assessor's Block 5718 all within the RH-2 (Residential, House, Two-Family) District, the Bernal Heights Special Use District, and a 40-X Height and Bulk Designation.

Rear Yard Variance: The project proposes to infill below the existing second story deck located at the east property line. The partial rear horizontal addition is proposed to be approximately twelve (12) feet deep by sixteen (16) feet in width and will match the existing height of the ground floor (8-foot floor to ceiling height).

Planning Code Section 242 (e) (2) (B) requires a minimum rear yard depth to be equal to 45 percent of the total lot depth. In this case the rear yard requirement for the subject property is approximately 45-feet. The proposed ground floor addition would encroach approximately 1- foot into the required rear yard.

The variance will also clarify for the record the approval of a previous building permit for the rear porch as shown on submitted plans for the project.

(MICHAEL SMITH)

8. 2009.0189V: 347 – 349 LIBERTY STREET, south side between Church and Sanchez Streets; Lot 035 in Assessor's Block 3605 in a RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to change the roof configuration at the rear of the building and add a new roof dormer. The new roof configuration would raise the eaves at the rear of the building by 7.5' but would not increase the overall height of the building above the existing ridgeline. The addition would be set back 45' from the front of the building.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 51-feet measured from the rear property line. The proposed addition would extend to within 29-feet of the rear property line, encroaching 22-feet into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure in a manner that would increase the degree of noncompliance. Because the rear portion of the building already encroaches 22-feet into the required rear yard, it is a legal noncomplying structure. Therefore adding volume to a portion of the building at this location is contrary to section 188 of the Code.

(COREY TEAGUE)

9. 2009.0157V 262 RUTLEGE STREET, on the north side of Rutledge Street, between Alabama and Franconia Streets; Lot 012 in Assessor's Block 5539 in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to infill the ground floor in the rear of the existing building to roughly match the 2nd floor overhand and replace the existing deck and stairs in the rear.

Section 242(e) of the Planning Code requires lots in the Bernal Heights Special Use District with a lot depth of 70 feet or less to provide a rear yard of at least 35 percent of that lot depth. The required rear yard for the subject property is 24 feet 6 inches. The proposed rear yard is approximately 20 feet to the building wall, and 10 feet to the rear deck and stairs.

B. REGULAR CALENDAR

(ADRIAN PUTRA)

10. 2009.0238V 47 SUSSEX STREET, on the east side of Sussex Street, between Diamond Street and Castro Street; Lot 068 (formerly Lot 062) in Assessor's Block 6729 in an RH-1 (Residential, House, Single-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to demolish an existing storage structure and construct a one-story detached garage structure which will be located within the required rear setback and facing Penny Lane. The proposed garage structure is approximately 22 feet wide, 25 feet deep, and will have a maximum height of approximately 15 feet above grade.

Section 134 of the Planning Code requires that the subject property maintains a rear setback of approximately 22 feet in lot depth. The proposed detached garage structure is located entirely within this required rear setback area.

Section 136(a)(G)(23) of the Planning Code allows structures commonly used in gardening activities, such as greenhouses and sheds for storage of garden tools, if no more than eight feet in height above grade and covering no more than 100 square feet of land.

(CHRISTINE LAMORENA)

11. 2008.0787V 712 WALLER STREET, on the north side between Divisadero and Scott Streets; Lot 011 in Assessor's Block 1239 in an RM-1 (Residential, Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Non-complying Structure Variances: The proposal is to legalize existing decks and stairs ranging from approximately 5-15 feet deep by 26 feet wide at the first floor, approximately 7 feet deep by 8 feet wide at the second floor, and approximately 37 feet deep by 11 feet wide for the deck located between the two floors at the rear of the one story over garage, single-family dwelling. This legalization is in conjunction to the legalization of a second dwelling unit located at the ground level of the building, which does not require a variance.

Section 134 of 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. The required rear yard for the subject property is approximately 62 feet. The existing decks encroach approximately 49 feet into the required rear yard.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of non-complying structures. Because the existing building is already considered non-complying and the discrepancy already exists, it is considered a legal, non-complying structure. However, the proposed deck legalization would further increase the degree of non-compliance; therefore, the proposed legalization would be contrary to Section 188 of the Planning Code.

(DIEGO R SANCHEZ)

12. 2009.0308V 219 PRENTISS STREET, northeast corner of Cortland Avenue, Lot 021 in Assessor's Block 5654 in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Mass Reduction Variance: The proposal is to construct a new three story single family dwelling with 1,975 square foot of useable floor area that encroaches into the required rear yard by four feet.

Section 242 of the Planning Code prohibits any part of any building within the last 15 feet of lot depth. The project proposes to encroach four feet within the last 15 feet of lot depth.

Section 242 of the Planning Code requires the reduction of a minimum of 650 square feet of usable floor area, plus a quantity equal to those areas outside of the maximum building envelope. The proposed project provides no mass reduction.

(MICHAEL SMITH)

13. 2008.1298V 1120 - 1122 DOLORES STREET, west side between Jersey and 24th Streets; Lot 001D in Assessor's Block 6510 in a RH-3 (Residential, House, Three-Family) Zoning District, the Dolores Heights Special Use District, and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a one-story vertical addition with a roof deck on a two-family dwelling. The vertical addition would be flush with the existing rear wall and set back three-feet from the north side property line and set back approximately 16-feet from the front of the building with a roof deck partially occupying the setback area. The roof deck would be set back approximately five-feet from the front of the building.

Section 134 of the Planning Code requires that the building height for the last 10-feet of building depth be limited to a height of 30 feet when rear yard averaging is used. The proposed addition would extend above this rear yard height requirement to a height of 40-feet above grade for the last eight-feet of building depth.

(ERIKA JACKSON)

14. 2009.0355V 775 VERMONT STREET, on the east side between 19th and 20th Streets; Lot 011A in Assessor's Block 4074 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Exposure and Parking Variances: The proposal is to add a second dwelling unit on the ground floor of an existing single-family residence.

Planning Code Section 140 requires that at least one room of at least 120 square feet must face one of the following open areas: a public street or alley of at least 25 feet in width, a code complying rear yard, or an inner court measuring at least 25 feet in every direction. The proposed second unit does not meet this requirement.

Planning Code Section 151 establishes minimum standards for required off-street parking spaces at one space for each dwelling unit. There is one existing off-street parking space for the existing single-family residence. With the addition of a second dwelling unit, the parking requirement for this project is two off-street parking spaces. No additional parking spaces are proposed by this project. Therefore a parking variance is sought for one parking space.

(SARA VELLVE)

15. 2009.0306V 174 – 29th AVENUE, east side between Lake Street and McLaren Avenue; Lot 008B in Assessor's Block 1330 in an RH-1(D) (House, One-Family (Detached Dwelling)) Zoning District and a 40-X Height and Bulk District.

Side Yard Variance: The proposal is to construct a deck and egress stair at the rear of the second floor of the existing three-story single-family dwelling. The proposed deck would be approximately 32 feet wide from side to side and project approximately 10 feet beyond the rear building wall. The proposed stairs would project approximately 8 feet beyond the deck and provide access to the rear yard. A solid fire wall would be constructed to the top of the stair and deck railing at the side/north property line.

Section 133 of the Planning Code requires that the subject property maintain a side yard of approximately 4 feet in width from the side/north property line. The proposed deck and stair addition would be constructed to the side/north property line.

(SHARON LAI)

16. 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.

(CONTINUED FROM 4/22/09 HEARING)

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