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November 18, 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, NOVEMBER 18, 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 Adele Destro, Interim 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 sotf@sfgov.org.

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 18, 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.

(SHELLEY CALTAGIRONE)

1. 2009.0824V 2 COTTAGE ROW, Lot 041 in Assessor's Block 0677 in an RM-1 (Residential Mixed, Low Density) Zoning District and 40X Height/Bulk District.

REAR YARD VARIANCE: The proposal is to demolish and re-construct two decks located at the first and second floor levels of the subject building in the rear yard. The deck structures measure 20 feet wide by 4 feet deep and are dry-rotted beyond repair.

PER SECTION 134 OF THE PLANNING CODE the subject 20-foot-wide by 29-foot-deep property is required to maintain a rear yard of approximately 13 feet. The building currently extends approximately 9 feet into the required rear yard and the existing decks extend a further 4 feet into the rear yard to the rear property line leaving no rear yard. The proposed decks would replicate the dimensions of the existing decks and would also extend to the rear property line.

PER SECTION 188 OF THE PLANNING CODE expansion of a non-complying structure is prohibited. The existing building is considered a legal non-complying structure because portions of it already encroach into the required rear yard.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2009.0824V.pdf

(SHELLEY CALTAGIRONE)

2. 2009.0851V 240 WALNUT, Lot 016A in Assessor's Block 0997 in an RH-1 (Residential, House, One-Family) Zoning District and 40-X Height/Bulk District.

REAR YARD VARIANCE: The proposal is to demolish and re-construct the deck and approximately 6-foot-tall wood and glass windscreens located on the roof of the subject two-story, single-family house.

PER SECTION 134 OF THE PLANNING CODE the subject 64-foot-wide by 28-foot-deep property is required to maintain a rear yard of approximately 15 feet. The building currently extends to the rear property line. The proposed roof deck and windscreens would extend approximately 10 feet into the required rear yard area.

PER SECTION 188 OF THE PLANNING CODE expansion of a non-complying structure is prohibited. The existing building is considered a legal non-complying structure because portions of it already encroach into the required rear yard.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2009.0851V.pdf

(AARON D. STARR)

3. 2009.0917V 1649-51 PAGE ST, Lot 030 in Assessor's Block 1231 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height/Bulk District.

REAR YARD AND NONCONFORMING STRUCTURE VARIANCES: The proposal is to increase the rear second story deck by approximately 35 sq. ft. (2.5' deep by 14' wide) and construct a stair case from the second story deck to the rear yard at the west side property line.

SECTION 134 OF THE PLANNING CODE requires that the subject property maintain a rear yard that measures approximately 54.5' in length. The existing deck already encroaches approximately 5' into the required rear yard. The proposed deck expansion will encroach approximately 2' further into the required rear yard and the new staircase will encroach approximately 14' further into the required rear yard.

SECTION 188(a) OF THE PLANNING CODE prohibits the expansion of a noncomplying structures. The existing deck is considered a legal noncomplying structure because it is located entirely within the required rear yard setback. The proposed addition would be contrary to Section 188(a) of the Planning Code.

(MELISSA LAVALLEY)

4. 2009.0857V 537 CONNECTICUT, Lot 003B in Assessor's Block 4100 in an RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal is to replace two existing rear decks and add a spiral stair for access to a new roof deck at the rear of the existing 2-story single-family dwelling.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 45% or 45 feet. The existing building is non-conforming in that it and existing rear decks already encroach into the required rear yard. The proposed replacement deck would encroach approximately 16 feet into the required rear yard, 1-foot deeper than the existing deck, and would result in a rear yard of 29 feet; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2009.0857V.pdf

(JULIAN BAÑALES)

5. 2009.0900V: 1036 SILLIMAN STREET, Lot 006 in Assessor's Block 5914 in an RH-1 (Residential, House, One-Family) Zoning District and 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal is to construct a new single story deck and stair at the rear of the single-family dwelling.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 15 feet. The proposed rear deck would encroach 5 feet – 6 inches into the rear yard, along the rear building wall, leaving a rear yard of 9 feet – 6 inches. In addition a stair would run along the eastern property line, would further encroach into the rear yard, up to the rear property line. Therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2009.0900V.pdf

B. REGULAR CALENDAR

(EDGAR OROPEZA)

6. 2009.0803V 690A ARKANSAS STREET, Lot 037 in Assessor's Block 4098 in an RH-2 (Residential, House, Two-Family) Zoning District and 40X Height/Bulk District.

LOT SPLIT VARIANCE: The proposal is to subdivide lot 037 in Assessor's Block 4098 into 2 individual lots each improved with a single family dwelling. One single family dwelling already exists at the project site. A second dwelling unit was approved per Building Permit Application No. 2007.0315.6345 R1.

SECTION 121 OF THE PLANNING CODE requires newly created lots within the RH-2 District to have a minimum lot width of 25'-0 feet and a minimum lot area of 2,500 square feet.

SECTION 132 OF THE PLANNING CODE requires minimum front setback areas for every building located within all RH Districts.

In this case the new lot would be approximately 24'-6 feet wide and would have a lot area of approximately 930 square feet. Additionally, the front setback requirement for the new lot would have to be one-half of the front setback of 690 Arkansas Street, or approximately 9'-0 feet. The approved single family dwelling proposes a front setback of 0'-0 feet.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2009.0803V.pdf

(SHARON YOUNG)

7. 2009.0927V 1345 MASONIC AVENUE, Lot 007 in Assessor's Block 1255 in an RH-3 (Residential, House, Three-Family) Zoning District and 40-X Height/Bulk District.

REAR YARD VARIANCE: The proposal is to replace and expand a three-story sunroom at the rear of the 4 story, single-family dwelling. The proposal will involve removing the existing sunroom and constructing a new sunroom with roof deck above (17'6 wide by 10' deep by 34'6 above grade) in its place, so that the new extension will have equal side setbacks (3'6 to 4') with the existing one-story deck to the rear of the addition.

PER SECTION 134 OF THE PLANNING CODE requires a rear yard area in an RH-3 Zoning District to be equivalent to 45 percent of the total lot depth, or when using averaging, no less than 25 percent of the lot depth or 15 feet, whichever is greater. The subject property, with a lot depth of 106.25 feet, has a required rear yard of approximately 48 feet. Although a portion of the proposed sunroom extension could extend into the required rear yard as a permitted obstruction, as proposed, they extend closer than 5 feet to the north and south property lines and exceed the second floor of occupancy, contrary to Section 136(c)(25)(B)(ii) of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2009.0927V.pdf

(MARY WOODS)

8. 2009.0752V 3300 CLAY STREET, Lot 003 in Assessor's Block 0997 in an RM-1 (Residential, Mixed, Low Density) Zoning District and 40-X Height/Bulk District.

NON-COMPLYING STRUCTURE VARIANCE: The proposal is to add a stair penthouse (approximately 12 feet wide by 10 feet deep by 8 feet tall) at the northwest rear corner of the existing three-story over basement, six-unit building.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 25 feet. The proposed stair penthouse would be entirely in the required rear yard and 4 feet from the rear property line; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

PER SECTION 188 OF THE PLANNING CODE the expansion of a non-complying structure is prohibited. The existing building, which already encroaches into the required rear yard, is considered a non-complying structure; therefore, the project requires a variance from the non-complying structure requirement (Section 188) of the Planning Code.

(TOM WANG)

9. 2009.0955V: 4319 23RD STREET. Lot 046 in Assessor's Block 2806 in an RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height/Bulk District.

REAR YARD VARIANCE: The proposal for the single-family dwelling includes the removal of an existing ground floor rear deck and stairs and the construction of a two ground floor terraced rear decks. The proposed upper ground floor deck, approximately 5 feet above grade, would be subject to a rear yard variance. The proposed lower ground floor deck, approximately 3 feet above grade, would not be subject to a rear yard variance as it is permitted by the Planning Code.

There would be a pergola, approximately 10 feet tall over the upper ground floor deck and15 feet tall above grade. There would also be stoves for outdoor cooking and a fireplace on the upper ground floor deck and an oven on the lower ground floor deck.

SECTION 134(c)(1) OF THE PLANNING CODE requires a rear yard depth of 47 feet 6 inches, measured from the rear property line, for the subject lot. The proposed ground floor upper deck would encroach 19 feet into the required rear yard to within 28 feet 6 inches of the rear property line.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2009.0955V.pdf

(COREY TEAGUE)

10. 2009.0956V: 225 CRESCENT WAY, Lot 036 in Assessor's Block 5744 in an RH-2 (Residential, House, Two Family) Zoning District and 40-X Height/Bulk District.

NON-CONFORMING STRUCTURE ENLARGEMENT: the proposal is to legalize work already completed to raise the height of the room at the far rear of the existing building from approximately 8 feet to approximately 12 feet. This room was converted from a laundry room to a family room. Additionally, the attic space was converted to a master bedroom.

PER SECTION 242 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 45 feet. The existing building currently extends approximately 16 feet into the required rear yard. Therefore, that portion of the structure is nonconforming with the Planning Code. Raising the height of a nonconforming structure is considered an intensification of the nonconformity, and therefore requires a variance per Section 188.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2009.0956V.pdf

(COREY TEAGUE)

11. 2006.1251V: 721 CLEMENTINA STREET, Lot 039 in Assessor's Block 3729 in an SLR (Service, Light Industrial, Residential) Zoning District and 50-X Height/Bulk District.

REAR YARD VARIANCE: the proposal is to construct a 2-story addition and elevator/stair penthouse to the existing 2-story industrial building. A single-family dwelling unit is proposed for the 2nd story and above. A workshop and residential parking garage are proposed for the ground floor.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 19 feet at the first floor of residential occupancy and above. The proposed single-family dwelling unit would begin at the 2nd floor. However, the existing 2-story structure covers the entire lot, leaving no rear yard at the 2nd floor level. Therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2006.1251V.pdf

(DIEGO SANCHEZ)

12. 2009.0802V 1514 25TH STREET, Lot 150 in Assessor's Block 4224 in an RH-3 (Residential, House, Three Family) Zoning District and 40-X Height/Bulk District.

PARKING VARIANCE: The proposal is to legalize a 980 square foot third unit at the third floor of an existing three story dwelling without providing any new off-street parking. A previous case (Case No. 2003.0002V) granted a variance from the off-street parking requirements in 2003.

PER SECTION 151 OF THE PLANNING CODE the subject property is required to provide an off-street parking space for each dwelling unit. The proposal is adding a third unit without providing a corresponding off-street parking space and therefore requires a variance from the off-street parking requirements (Section 151) of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2009.0802V.pdf

(SHARON LAI)

13. 2006.1386V: 4465 – 4467 24TH STREET, Lot 042 in Assessor's Block 6501 in an RM-1 (Residential, Mixed, Low Density) Zoning District and 40-X Height/Bulk District.

PARKING AND EXPOSURE VARIANCE: The proposal is to legalize a third ground floor unit without providing required parking or required exposure to an open 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 3 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.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2006.1386V.pdf

(Aaron Starr)

14. 2009.0974V: 1583 – 1585 SHRADER STREET, Lot 019 in Assessor's Block 1289 in an RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height/Bulk District.

FRONT SETBACK VARIANCE: The proposal is to construct front, side and rear horizontal additions to the existing 3-story, 2-unit building. This Variance pertains to the front horizontal expansion only, which will extend approximately 6.5 feet from the existing front building wall toward the street.

PER SECTION 132 OF THE PLANNING CODE the subject property is required to maintain a front setback that measures approximately 8 feet in depth. The proposed horizontal expansion at the front will be located entirely within the required front setback.

PER SECTION 188(a) OF THE PLANNING CODE the expansion of a non-complying structure is prohibited. The subject building already encroaches into the front setback; therefore, the proposed addition would be contrary to Section 188(a) of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department's website at:

www.sfgov.org/site/uploadedfiles/planning/Public_Records/Variances/2009.0974V.pdf

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: 12/11/2009 2:04:01 PM