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Seal of the City and County of San Francisco
City and County of San Francisco
January 29, 2003

Planning Department
City and County of San Francisco
Notice of Hearing on Application
For Zoning Variance


          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, January 29, 2003

          Session Begins at 9:30 A.M.


          Public Hearing


          Lawrence B. Badiner, Zoning Administrator
          Marge Gambelin, 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 City 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.



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Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408, Fourth Floor, San Francisco, CA. The closest accessible BART Station is the Civic Center Station located at the intersection of Market, Hyde and Grove Streets. Accessible curb side parking has been designated at points along McAllister Street. Accessible MUNI Lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro Lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. American sign language interpreters and/or a sound enhancement system will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 72 hours prior to a hearing. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.


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Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

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For more information on your rights under the Sunshine ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall, Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at Donna_Hall@ci.sf.ca.us.


Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin.. Code 16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/.

          
ZONING ADMINISTRATOR
          NOTICE OF HEARING ON
          APPLICATION FOR ZONING VARIANCE


Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the City 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, January 29, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:


9:30 A.M.

(GLENN CABREROS)

1.          2002.1172V:           536-538 FELL STREET, north side between Laguna and Buchanan Streets, Lot 007 in Assessor's Block 0819 in an RH-3 (Residential, House, Three-Family) District and a 40﷓X Height and Bulk District. The subject lot is a through lot with frontages on both Fell and Linden Streets.
                              
                              MINIMUM LOT AREA, REAR YARD AND OPEN SPACE VARIANCES SOUGHT: The subject property consists of two buildings on a through lot, 120 feet deep by 27.5 feet wide. A two-unit, three-story tall building is on the southern (Fell Street) portion of the lot and is approximately 50 feet deep. On the northern (Linden Street) portion of the lot is a garage structure 30 feet deep. The proposal is to split the lot between the two buildings resulting in two separate lots. No construction is proposed at this time.

                              Section 121(e) of the Planning Code requires that the minimum lot area for a lot shall be 2,500 square feet. The subject lot is 3,300 square feet in area. The proposal will produce one lot (southernmost) of approximately 1,843 square feet in area and one lot (northernmost) of approximately 1,458 square feet in area.

Section 134 (a)(2) of the Planning Code requires that the rear yard in an RH-3 District be equal to 45% of the total depth of the lot on which the building is situated, or the average of the two adjacent rear yards, but in no case less than 25% of the lot depth or 15 feet whichever is greater. The required rear yard for the proposed southern lot would be 16 feet 9 inches. The required rear yard for the proposed northern lot would be 15 feet. The proposal would create a reduced rear yard of approximately 11 feet on the southern (Fell Street) lot.

Section 135 of the Planning Code requires that useable open space be provided for each dwelling unit in an R District. In RH-3 Districts, the useable open space requirement is 100 square feet of private useable open space per unit or 133 square feet of common useable open space per unit. The proposal would reduce the common usable open space for the existing two-unit building to approximately 198 square feet where 266 square feet is required. The proposal would also not provide the required minimum dimensions or area for common useable open space for the existing two-unit building.


(MARY WOODS)

2.          2002.1235V:          2524 CLAY STREET, north side between Fillmore and Steiner Streets; Lot 8 in Assessor’s Block 611, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to authorize the demolition and reconstruction of an approximately 12-foot high portion of the existing first floor level, located at the rear of the single-family residence, within the required rear yard. The rebuilt portion would maintain the existing rear yard setback of approximately 40 feet.

Section 134 of the Planning Code requires that the minimum rear yard depth to be equal to 45 percent of the total depth of the lot or the average of adjacent buildings, but in no case less than 15 feet. In this instance, although the Planning Code requires a minimum rear yard of approximately 46 feet, the 12-foot high portion of the first floor already encroached into the required rear yard by 6 feet.

Section 188 of the Planning Code states that if a non-complying structure is voluntarily razed by the owner, not required by law to be razed, it may be restored only in full conformity with the requirements of the Planning Code. Because the existing rear first floor level already encroaches into the required rear yard setback, it is considered a legal, non-complying structure. The proposed demolition would be considered a voluntary act since it is not required by law to be razed, therefore, the project as proposed would be contrary to Section 188.

(GEOFFREY NELSON)

3.                    2002.1173V:          1540 LOMBARD STREET, north side between Franklin and Gough Streets; Lots 006A and 006B in Assessor's Block 0497; within an NC-3 (Moderate Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

          REAR YARD AND EXPOSURE VARIANCES SOUGHT: The proposal is to add full fourth-floor addition containing four new dwelling units to an existing three-story 8-unit apartment building, and to convert the entire existing ground floor into 12 off-street parking spaces. The proposed addition would encroach into the required rear yard at the fourth floor level by approximately 14 feet. The four units at the rear of the second and third floors, would be made non-complying with the addition of the fourth floor and associated stairs and landings (which would decrease the existing courtyard to below the required dimensions), and would therefore require a Variance to the Exposure requirements. As it exists, the building is currently already non-complying with respect to rear yard, exposure, and parking requirements, as it encroaches into the rear yard by approximately 14 feet and contains only 4 independently accessible parking spaces. The structure was originally constructed on and currently sits on two lots which are intended to be merged, and the project is referred to herein as if on one lot.

          Section 134 of the Planning Code states that the minimum rear yard depth in an NC-3 District shall be 25% of the total depth of the lot on which the building is situated, at any story containing a dwelling unit. On the subject lot, this results in a required rear yard of approximately 34'-3 . The existing building currently projects approximately 14' into this rear yard, and is therefore considered a noncomplying structure. The proposed fourth floor addition would project to the same extent, but would be held back from the east and west property lines by 8 feet.

          Section 140 of the Planning Code states that all dwelling units shall face on  A public street, public alley at least 25 feet in width, side yard at least 25 feet in width, or rear yard meeting the requirements of this Code. or  An open area (such as an inner court) which is unobstructed (except for minor obstructions) and is no less than 25 feet in every horizontal dimension for the floor at which the dwelling unit in question is located and the floor immediately above it, with an increase of five feet in every horizontal dimension at each subsequent floor. Of the four new units at the fourth floor, the two front units would face a public street, and the two rear units, while not facing a Code-complying rear yard, would face an inner courtyard of the required dimensions. The four units at the rear of the second and third floors, however would be made non-complying with the addition of the fourth floor and associated stairs and landings (which would decrease the existing courtyard to below the required dimensions), and would therefore require a Variance to Section 140.

          Section 188 of the Planning Code states that a noncomplying structure may be enlarged or altered, provided there is no increase in the discrepancy between existing conditions on the lot and the required standards for new construction set forth in the Planning Code. The existing structure is built into the required rear yard and is thus a legal, noncomplying structure. The proposal would create a new fourth floor containing four new dwelling units. The new fourth floor would expand the envelope of the building into the required rear yard at the fourth floor, and would cause the four units at the rear of the second and third floors to become non-complying with respect to their Exposure (Section 140) requirement.




(GEOFFREY NELSON)

4.          2002.0193V:           423 35th AVENUE, west side Clement Street and Geary Boulevard, Lot 005 in Assessor's Block 1467, within an RH-2 (Residential House, Two-Family) District and a 40﷓X Height and Bulk District.

REAR YARD AND FRONT SETBACK VARIANCES SOUGHT: The subject property, a three-story, two-family house, was built subsequent to Planning Commission Discretionary Review Case No. 1997.0380D, but in violation of the plans approved by the Commission, and to an extent that would require Variances from the Planning Code to allow the building to remain. The project sponsor has proposed physical modifications to the building as constructed to reduce its size at the front and rear; but even with the proposed modifications the construction will still require a Variance. Specifically, the building as modified will extend into the required front setback at the ground level, and will extend into the required rear yard at the second and third floor level. Subsequent to this Variance action, a new Discretionary Review hearing may be scheduled to allow for the final approval or denial of the proposed alterations to the building.

Section 132 of the Planning Code states that all properties in RH districts shall be set back from the front property line  to the average of the two adjacent front setbacks. For the subject lot, this results in a required front setback of approximately 8 feet. The building, as modified, would project into the required front setback at the ground floor level by 8 feet, extending to the front property line. The building would be modified at the upper levels so as to not project into the required front setback.

Section 134 of the Planning Code states that the minimum rear yard depth in an RH-2 District shall be 45% of the total depth of the lot on which the building is situated. On the 120-foot deep subject lot, this results in a required rear yard of approximately 54 feet. The modified building would project approximately 4 feet into the required rear yard at the second and third floor levels. The rear of the second floor level (which is at grade in the rear of the upsloping lot) would be permitted as proposed, as it would be a  permitted obstruction' as described in Section 136(c)(25) of the Code.

                                                                                                              
                                                                                                              (SARA VELLVE)

5.          2002.1122V:          364 STONECREST DRIVE, south side between Junipero Serra Boulevard and Broadmor Drive; Lot 029 in Assessor's Block 7237 in an RH-1 (D) (House, One Family, Detached Dwelling) District and 40-X Height/Bulk District.

REAR YARD VARIANCE SOUGHT: A request to expand the existing, non-complying, single-family dwelling further into the required rear and side yards. The extension would increase the structure by approximately 3 feet 6 inches as well as provide 10-foot decks beyond the rear building wall.

Section 133 of the Planning Code requires two 4-foot side yards for the subject property. The proposed building and deck on the west side extends to within 3 feet of the side property line, encroaching 1 foot into the required side yard.

Section 134 of the Planning Code requires a minimum rear yard of approximately 18 feet for the subject property, from the rear property line. The deck/stairs would extend to within 3 feet of the rear property line and encroach 15 feet into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. As the existing building encroaches into the required rear and side yard, it is considered a legal noncomplying structure. The expansion would be contrary to Section 188.           
          


(TINA TAM)

6.          2002.1160V:          80 ORD STREET, west side between 17th St. and Ord Ct., Lot 12 in Assessor's block 2626 in an RH-2 (Residential, House, Two-Family) District.

REAR YARD VARIANCE SOUGHT: The proposal is to allow construction of a new gazebo and stairs. The new gazebo measures approximately 165 square feet in size (15 feet wide by 11 feet deep) and 15 feet in height. The new stairs will provide access to the new gazebo. The subject property is located in an RH-2 (Residential, House, Two-Family) District and a 40-X District.

Section 136 of the Planning Code requires a minimum rear yard of 61 feet. The proposed new gazebo and stairs are located entirely in the required rear yard.

Section 188 of the Planning Code does not permit the reconstruction or expansion of a noncomplying structure. Since an accessory structure previously existed legally and encroached into the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed reconstruction of a noncomplying structure would be contrary to Section 188 and would require a Variance.
          
                                                                                (MICHAEL SMITH)

7.          2002.1161V:          939 ELIZABETH STREET, south side of the street between Hoffman and Grand View Avenues; Lot 034 in Assessor's Block 2828 in a RH﷓2 (Residential, House, Two﷓Family) District and a 40﷓X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to increase the front setback by 2'-9 and raise the building six-feet to construct habitable space and a garage at the basement level.

Section 132 of the Planning Code requires a minimum front setback depth of approximately 15-feet for the subject property, measured from the front property line. The proposed addition would extend to within 7'-10 of the front property line encroaching 7'-2 into the required front setback.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the front portion of the existing building already encroaches 9'-11 into the required front setback, it is considered a legal, noncomplying structure. Therefore, the proposed increase in height at the front of the building would be contrary to Section 188.

                                                                                                              
                                                                                                              (RICK CRAWFORD)

8.          2002.1162V:          365-367 ROOSEVELT, on the southeast side of Roosevelt Way between Levant and Loma Vista Terrace, Assessor's Block 2618 Lot 001B; in a RH-2 (Residential House Two Family) District and within the 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to replace the existing rear deck with a new larger deck.

Section 134 of the Planning Code requires a 27-foot rear yard where a 3-foot rear yard will be provided. The existing deck encroaches into the required rear yard.

Section 188 of the Planning Code requires a variance to expand a structure in a fashion that increases its degree of noncompliance with the Code.

                                                                                                              
                                                                                                              (RICK CRAWFORD)

9.          2002.1182V:          39 Miguel Street, on the south side of Miguel Street between Fairmont and Beacon Streets, Assessor's Block 6665 Lot 028b; in a RH-2 (Residential House Two Family) District and within the 40-X Height and Bulk District.


REAR YARD SET BACK VARIANCE SOUGHT: The proposal is for the construction of a new two-story, single-family dwelling on an interior irregular shaped vacant lot.

                              Planning Code Section 134 requires a 47-foot rear yard where a 31-foot rear yard will be provided.
                                                                                                              
                                                                                                              (RICK CRAWFORD)

10.          2002.1181V:          37 MIGUEL STREET, on the south side of Miguel Street between Fairmont and Beacon Streets, Assessor's Block 6665 Lot 054; in a RH-2 (Residential House Two Family) District and within the 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to fill in an area beneath an existing deck to create new living space and construct a cantilevered deck off the rear of the building.

Section 134 of the Planning Code requires a 51.6 foot rear yard where a 41.5 foot rear yard will be provided.


                                                                                                              (DARIO JONES)

11.          2002.1176V:          1046 DIAMOND STREET, west side of Douglass between 25th and Clipper Streets; Lot 007A in Assessor’s Block 6045 in an RH-2 (Residential, House, Two-Family) District.

REAR YARD AND OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to infill beneath an existing cantilevered rear extension for the addition of a second unit to the existing nonconforming two-story, single-family dwelling. The proposed ground floor dwelling will not have benefit of off-street parking.

Section 151 of the Planning Code requires one parking space for each dwelling unit.


                                                                                                              (DARIO JONES)

12.          2002.1279V          166 YERBA BUENA AVENUE, located to the west of Yerba Buena Avenue between Maywood Drive and Santa Paula Avenue; Lot 037 in Assessor's Block 3078 in an RH-1 (D) (Residential House, Detached) 40-X Height and Bulk District.

REAR YARD SET BACK VARIANCE SOUGHT: The proposal is for the construction of a new two-story, single-family dwelling on an interior irregular shaped vacant lot.


Section 134 of the Planning Code requires a rear yard of 45 feet for the northwest portion of the subject lot, measured from the rear property line. The proposed new single-family dwelling will encroach approximately eleven (11) feet into the required rear yard for this area of the irregular shaped lot.


(KATE McGEE)

13.          2002.1118V: 1322 Alabama Street, west side of Alabama Street, between 24th and 25th Street; Lot 44 in Assessor’s Block 4271, in an RH-2 (Residential, House, Two-Family) District and in a 40-X Height and Bulk District.

Parking Variance Sought: On February 13, 1991 a Variance Decision letter for minimum lot size, minimum lot width and off-street parking variances placed a Notice of Special Restriction (NSR) on the lot to provide two independently accessible off-street parking spaces within the garage of the existing building. A Parking Variance is being sought to remove this condition so that only one parking space is required.

                              Planning Code Section 155(c) requires every off-street parking space to be independently accessible. The existing parking is tandem and therefore does not meet Planning Code requirements.


(BEN FU)

14.          2002.1159V:          361 Texas Street, east side, between 18th and 19th Streets; Lot 017 in Assessor’s Block 4038, in a RH-2 (Residential, Two-Family House) District with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a new residential elevator at the rear of the dwelling.

                              Planning Code Section 134(c) requires that in all RH-2 Zoning Districts, the minimum rear yard requirement depth shall be equal to 45 percent of the total depth of the lot, or be reduced to the average rear yard depth of the two adjacent buildings. The rear yard is required at all levels. The required rear yard depth is 38'-6 . The new 5'-0 wide residential elevator extends from the third floor to grade at the rear and encroaches approximately 2'-6 into the required rear yard.


                                        (WINSLOW HASTIE)

15.          2002.1037V:          750 2nd Street, west side between Townsend and King Streets. Assessor’s Block 3794, Lot 2A. This concrete building is non-contributory to the South End Historic District. The subject property is zoned M-2 (Heavy Industrial) and is in a 105-F Height and Bulk District.

                              PARKING VARIANCE SOUGHT: This project involves façade modifications, interior upgrades and a change of use for the subject property. The proposed use of this building would change from light industrial space to a retail/restaurant/office type use which has yet to be determined. The building features approximately 6,000 square feet of occupied floor area.

                              Per Section 151 of the Planning Code, depending on the proposed use of the building, the off-street parking requirement for the subject property would be up to 22 spaces with an existing, legal deficiency of 5 spaces calculated into the requirement.

                              Per Article 10 of the Planning Code, the project also requires a Certificate of Appropriateness because it is located within the South End Historic District. This approval was granted by the Landmarks Preservation Advisory Board on December 4, 2002.




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 10:00:41 PM