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February 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, FEBRUARY 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, February 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.

(SHARON YOUNG)

1. 2009.0039V: 45 CERVANTES BOULEVARD, south side between Beach and Alhambra Streets, Lot 049 in Assessor's Block 0462A in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Noncomplying Structure Variances Sought: The proposal is to construct a new deck and exit stairs at the rear of the three-story, two-family dwelling. The proposed rear deck and exit stairs (approximately 14' wide by 12' deep by 9' above grade) will be set back approximately 5'6 from the side property lines.

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 100 feet, has a required rear yard of 25 feet. The existing rear yard is 21 feet. The proposed rear deck and exit stairs would be entirely within the required rear yard and would extend to within 9 feet of the rear property line.

Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure. Because the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

(ELIZABETH WATTY)

2. 2008.1381V: 1328 DOLORES STREET, at the west side of Dolores Street between 26th and Cesar Chavez Streets; Lot 006 in Assessor's Block 6566 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Noncomplying Structure Variances Sought: The proposal is to construct a three-story addition, 6'-6 deep by 6'-0 wide, to the rear of the existing three-family dwelling in order to accommodate an elevator to the top floor. The existing house is noncomplying with regard to the required rear yard and constructing an addition to the rear of it increases the structure's degree of noncompliance.

Section 134 of the Planning Code requires a rear yard of approximately 46'-0 , measured from the rear property line. The existing building extends to within 35'-6 of the rear property line. With the proposed 6'-6 deep, three-story tall rear addition, the building would extend to within approximately 29'-0 of the rear property line. This is an encroachment of 17'-0 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 rear portion of the existing three-story structure is noncomplying as it encroaches 10'-6 into the required rear yard. The expansion of the three-story structure to the rear in order to accommodate a 6'-6 deep x6'-0 wide elevator enclosure increases the structure's degree of noncompliance and thus requires a noncomplying structure variance.

(BEN FU)

3. 2008.1355V: 700 VERMONT STREET, southwest corner of Vermont and 19th Streets; Assessor's Block 4075 Lot 001, in a RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

Rear Yard Variance Sought: The proposal is to expand the front dwelling into the second floor rear deck and encroaching into the required rear yard.

Planning Code Section 134 requires all lots in a RH-2 District to have a minimum rear yard equal to 45 percent of the total depth of the lot. When there are two buildings on the same lot, a minimum of 25 percent of open space between the two buildings must be provided as an inner court. The project proposes to expand the second floor of the existing building by filling in the north and south corner of the existing front dwelling, leaving a 9'-0 rear deck on the second floor between two existing buildings. The required rear yard for the lot is approximately 25'-0 . This change will maintain the existing 9'-0 rear yard dimension but nonetheless reduces the existing rear yard space and requires a Variance.

Planning Code Section 188 prohibits 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 the rear yard; 25 percent of open space between the two buildings is required. The proposed building expansion into the second floor deck decreases the existing inner court, thus, intensifying the discrepancy of the existing non-complying structure.

(JIM MILLER)

4. 2008.1264v: 1032 CHESTNUT STREET, north side between Hyde and Larkin Streets, Lot 015 in Assessor's Block 0047, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

Rear Yard Variance Sought: The proposal is to expand the lowest of three existing dwelling units downward into unoccupied basement area. Two balconies and a rear spiral exit stairway (from the existing lowest occupied level downward) would be constructed in conjunction with this expansion. The upper one would project into the rear-yard area by approximately three feet over a width of approximately four feet. The lower one (adjacent to the existing basement) would project approximately six feet into the rear yard over the width of the property (27.5 feet). The proposed stairway (approximately five feet in diameter) would descend from this lower balcony to the ground.

Section 134, et seq., of the Code sets forth standards for rear-yard areas. It requires, in an RH-3 District, a rear yard, open and clear from the ground up, equal to the average of the depths of the rear yards of the adjoining buildings with a minimum yard area of 25 percent of the depth of the lot (and in no case less than 15 feet). Approximately 104 square feet of balcony area plus the five-foot –in-diameter spiral exit stairway would be within the required rear-yard area.

Section 136(c)(25)(B)(ii) of the Code permits, beginning at the line that establishes the required open area (in this case, the line of rear-yard averaging), a rear building extension at a height not exceeding the floor level of the second floor of occupancy, excluding the ground story, projecting no more than 12 feet into the rear-yard area (but, in no case, occupying the rear 25 percent of the lot depth). Such an extension must be set back a minimum of five feet from any interior (side) lot line. The upper proposed deck projects approximately 14 square feet of area into the easterly of these two five-foot side set-back areas (at the same grade as the street). The proposed lower deck essentially wraps around the permitted extension and would project 2.5 feet beyond it (up to the 75 percent lot-depth line). This balcony would be one story below the grade of the street. The proposed spiral exit stairway would project another five feet into the required rear-yard area (beyond the lower deck) and would give access to the ground from there.

B. REGULAR CALENDAR

(AARON STARR)

5. 2008.1377V: 338-340 CARL STREET, on the north side of Carl Street, between Willard Street and Arguello Boulevard; Lots 047 and 048 in Assessor's Block 1265 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Parking Variance: The proposal is to legalize a residential unit located on the ground floor of the subject building and not provide parking for the unit.

Section 151 of the Planning Code requires that one parking space be provided for each residential unit. The existing building does not have any onsite parking and none is being proposed.

(SARA VELLVE)

6. 2008.1257V: 464 HICKORY STREET, between Buchanan and Laguna Streets; Lot 022A in Assessor's Block 0830 in an RTO (Residential, Transit Oriented) Zoning District and a 40-X Height and Bulk District.

Open Space and Dwelling Unit Exposure Variances: The proposal is to legalize a one-bedroom dwelling unit constructed without the benefit of permits. The unit is located on the ground floor of the two story building. A second one - bedroom unit occupies the building's second floor. The size of the property and building footprint does not allow for the required open space or dwelling unit exposure requirements to be met.

Section 135 of the Planning Code requires a minimum dimension of 10 horizontal feet from front to back for open space provided at grade. Due to the building footprint and lot size, there is approximately 4 horizontal feet from front to back at grade for the open space at the rear of the building.

Section 140 of the Planning Code requires that each dwelling unit face either a street or alley at least 25 feet in width, a Code-complying rear yard or an open area of at least 10 feet in every horizontal dimension for the subject property. The dwelling unit to be legalized has exposure to an approximately 4-foot deep rear yard and 3-foot wide side yard, which do not meet the minimum dimensional exposure requirements.

(KEVIN GUY)

7. 2008.1192V: 812-816 GREEN STREET, between Mason and Taylor Streets; Lot 010 in Assessor's Block 0119 in the RM-2 Zoning District and the 40-X Height and Bulk District.

Rear Yard Variance Sought: The proposal is to extend an existing stair structure that currently reaches the third story of the building in order to provide access to the roof. The project would also include a new 42-inch parapet and guardrail on a portion of the roof at the landing of the extended stairs. The stair structure is located at the rear of the building within the required rear yard. As such, the proposed project requires a variance from the rear yard requirements of the Planning Code.

Section 134 of the Planning Code requires an approximate 31-foot rear yard on the subject site. The addition to the stair structure will measure approximately 13 feet vertically. The addition will be set back approximately 6 feet from the rear property line, thereby extending approximately 25 feet into the required rear yard. The subject building was constructed before zoning controls established and regulated minimum rear yards, thus making the building legally non-conforming in regards to rear yard requirements. Any additions to the portion of the building within the required rear yard require a variance.

Section 188 of the Planning Code prohibits an expansion of a non-complying structure that would increase its non-conformity with the provisions of the Planning Code. Because a portion of the existing structure is already located in the rear yard, it is considered a legally non-complying structure. The proposed expansion, with the addition to the stair structure within a portion of the required rear yard, would be contrary to Section 188 of the Planning Code, and thus requires a variance.

(BRITTANY BENDIX)

8. 2007.0308V:3545 – 3547 20th STREET, south side between Lexington and San Carlos Streets; Lot 082 in Assessor's Block 3609, in the Valencia Street NCT (Neighborhood Commercial Transit) District with a 50-X Height and Bulk designation. The application for this project was received on March 29, 2007, and will proceed as a Eastern Neighborhoods pipeline project per Planning Code Section 175.6.

Open Space and Noncomplying Structure Variances: The proposal is to expand the existing retail space so that it occupies 100% of the lot's ground floor area. The proposal also includes dividing the existing two-story single-family dwelling unit into a two-family dwelling, with one dwelling per floor.

Section 135 of the Planning Code requires that the subject property provide direct access to 213-square-feet of useable open space for the two dwellings. The existing dwelling does not have direct access to the rear yard area, nor does it have other access to any other open area open space, thus, the dwelling is noncompliant in regards to Section 135.

Section 188 of the Planning Code states that a noncomplying structure may undergo a change so long as it is brought into greater conformity with the requirements of the Code. The subject dwelling is a noncomplying structure in regards to Planning Code Section 135 because it was constructed prior to the effective date of those controls and the interior programming does not establish a connection between the dwelling and the rear yard. However, the current proposal will eliminate the rear yard area and establish a second dwelling unit without the required open space. Thus, the project requires a variance from Section 188 of the Planning Code.

(BRITTANY BENDIX)

9. 2008.1098V: 24-26 WINFIELD STREET, on the west side of Winfield Street between Coso and Esmerelda Avenues; Lot 009 in Assessor's Block 5611 in the Bernal Heights Special Use District, an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Noncomplying Structure Variances: The proposal is to legalize a deck built at the rear of a two-family dwelling. The deck was constructed within the required rear yard area without benefit of a permit. The deck has a depth of 16-feet, a width of 19.5-feet and will provide 225-square-feet of noncomplying useable open space.

Section 242(e) of the Planning Code requires the minimum rear yard depth to be equal to 45 percent of the lot depth within an RH-2 district. The required rear yard is 31.5-feet. The existing dwelling has a noncomplying rear yard of 28-feet. The subject deck projects from the main building wall 16-feet and results in a rear yard of 12-feet. The deck has a width of 19.5-feet and has a side setback of 2-feet along the south property line and a side setback of 3-feet along the north property line.

Section 188 of the Planning Code states that a noncomplying structure may undergo a change so long as it is brought into greater conformity with the requirements of the Code. The subject dwelling is a noncomplying structure in regards to both Planning Code Sections 135 (Open Space) and 242(e) because it was constructed prior to the effective date of those controls. The subject deck will bring the property closer to compliance with Section 135 by providing 225-square feet of open space; however, it will intensify the structure's nonconformity to Section 242(e) by diminishing the required rear yard area by 16-feet. Thus, the project requires a Variance from Section 188.

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 10:00:46 PM