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Seal of the City and County of San Francisco
City and County of San Francisco
February 26, 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, February 26, 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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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, February 26, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:


9:30 A.M.

(MARY WOODS)

1.          2002.1281V:          3008 - 3018 WEBSTER STREET, east side, between Filbert and Pixley Streets; Lot 16 in Assessor's Block 517 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 existing three-story over garage, six-unit building including the rear exit stairs) is approximately 23 feet from the rear lot line. The proposal is to (1) remove the existing rear exit stairs located within the building envelope and relocate them to the exterior of the building envelope; (2) incorporate the vacated stair spaces on each floor level into existing units; and (3) construct new rear decks on floors two through four.

Section 134 of the Planning Code requires that the minimum rear yard depth in an RH-2 District be equal to 45 percent of the total depth of the lot or the average of the two adjacent buildings, but in no case less than a depth equal to 25 percent of the total lot depth or to less than 15 feet, whichever is greater. In this instance, the subject lot is 110 feet deep resulting in a required minimum rear yard of approximately 27 feet. The existing building encroaches into the required rear yard by approximately 4 feet. The proposed exit stairs and decks would be situated entirely in the required rear yard, while only a portion (4 feet) of the interior improvements would be in the required rear yard.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building already encroaches into the required rear yard setback, it is considered a legal, non-complying structure. The proposed additions of rear decks, interior improvements and relocation of the rear exit stairs are considered to be an expansion and intensification of a non-complying structure and therefore the project as proposed would be contrary to Section 188.


                                                                                                              (MICHAEL SMITH)

2.          2002.1050V          56-58 DOLORES TERRACE (a.k.a. 3579-3583 17TH STREET), south side of the street between Dolores and Guerrero Streets; Lot 064 in Assessor's Block 3578 in a RM﷓1 (Residential, Mixed, Low Density) District and a 40﷓X Height and Bulk District.

LOT SIZE, OPEN SPACE, AND REAR YARD VARIANCES SOUGHT: The proposal is to subdivide the existing through lot with frontages on both Dolores Terrace and 17th Street. The new lot fronting on Dolores Terrace would be approximately 46-feet in depth and the new lot fronting on 17th Street would be approximately 54-feet in depth.

Section 121 of the Planning Code requires a minimum lot area of 1,750 square feet for any lot having its street frontage entirely within 125-feet of the intersection of two streets. The proposed lot fronting on Dolores Terrace would have 1,150 square feet of lot area and the proposed lot fronting on 17th Street would have 1,350 square feet of lot area.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15-feet for each proposed lot, measured from the rear property line of the new lots. The building that fronts on Dolores Terrace would encroach approximately 13-feet into this required open area. The building that fronts on 17th Street would encroach approximately 8'-6 into this required open area.

Section 135 of the Planning Code requires for the subject property 100 square feet of private usable open space for each dwelling unit, a total of 532 square feet of common usable open space, or a sufficient combination of private and common open space. Usable open space must meet certain minimum standards, and once provided, it cannot be removed. The proposed lot split would not remove open space but would exacerbate the situation by creating two noncomplying lots where there is presently one.

Section 188 of the Planning Code prohibits the intensification of noncomplying structures. Because the property is deficient in required open space and portions of the existing structures already encroach into the required rear yard that is located between the buildings, they are considered legal, noncomplying structures. Therefore, the subdivision as proposed would intensify the use of the property by creating an additional noncomplying property contrary to Section 188.


                                                                                                              (DARIO JONES)

3.          2003.0013V          1345 NOE STREET, located east side of Noe Street between Cesar Chavez and 26th Street; Lot 019 in Assessor’s Block 6564 in an RH-2 (Residential, Two-Family) 40-X Height and Bulk District.

REAR YARD SET BACK VARIANCE SOUGHT: The proposal is for the reconstruction and expansion of an existing garage and deck located at the rear of the existing two-story, single-family dwelling.

Section 134 of the Planning Code requires a rear yard of 37.35 feet for the subject lot, measured from the rear property line. The proposed rebuilding and expansion will encroach 11 feet into the required rear yard.

Section 188 of the Planning Code does not permit the expansion of a noncomplying structure. The existing garage and deck, which already encroaches into the required rear setback, is considered a legal, noncomplying structure. Therefore, the proposed expansion of the garage and deck would be contrary to Section 188.

                                                                                                                        (TOM WANG)

4.          2002.1232V          119 – 119A 27TH STREET, south side between Dolores and Guerrero Streets; Lots 043 in Assessor's Block 6594 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to waive the off-street parking requirement and allow the retention of one ground floor dwelling unit, converted from a previous church without the record of a permit. The two-story subject building currently has the requested one dwelling unit on the ground floor and a second dwelling unit on the upper floor. The legal occupancy of the subject building is a church on the ground floor and one dwelling unit on the upper floor.

Section 151 of the Planning Code requires one full-size, independently accessible off-street parking space for each newly created dwelling unit. The subject building has no garage and the applicant does not propose to provide an additional parking space to serve the requested dwelling unit.

                                                                                                              
                                                                                                              (DANIEL SIROIS)

5.          2002.1256V          2173 15th STREET, south side between Noe and Sanchez Streets; Lot 022 in Assessor's Block 3560 in an RH-2 (Residential, House, Two-Family) District and 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct an off-street parking space within the front setback of the subject property.

Planning Code Section 132(a) requires a front setback that is equal to the average of the front setbacks of the two adjacent properties. In this case, the subject property has a front setback requirement of nine-feet. The proposed off-street parking space projects seven-feet into the required front setback.


                    (ADAM LIGHT)

6.          2002.1266V:          1050 FILBERT STREET, north side of street between Jones and Leavenworth Streets; Lot 13 in Assessor's Block 93 in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

                              REAR YARD AND NON-COMPLYING STRUCTURE VARIANCE SOUGHT: The proposal is to enlarge an existing legally non-conforming two-story single-family house located in the rear portion of the subject lot. The proposed project would expand the existing building horizontally on the north and south, and would raise the finished roof level by three feet. The horizontal expansions would effectively build the existing structure out to the rear property line and expand it a maximum of ten feet toward the front of the property. There will also be a small roof top cupola extending approximately eight feet above the existing roofline at the front of the structure. The previous notice indicated that there is a roof deck proposed that would be accessed by the cupola. This is not the case. No roof deck is proposed.

                              Planning Code Section 134 requires a rear yard equaling 45% of the lot depth. The subject lot is 137 feet and 7.5 inches deep, resulting in a required rear yard of 61 feet and 11 inches. The existing single-family house exists entirely within the rear yard several feet to the north of the required rear yard line, therefore requiring a rear yard variance for any expansion of the existing structure.

(JON PURVIS)

7. 2002.1043V:          128 DELTA STREET, west side, between Wilde and Tucker Avenues; Lot 8 in Assessor's Block 6190; in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

          REAR YARD AND FRONT SETBACK VARIANCES SOUGHT: The proposal is to legalize an existing top floor rear addition that projects 3 feet into the required rear yard, and to add a front addition with no setback from the front property line. This front addition would involve expanding the garage level 15 feet forward, the second level 10 feet forward, and the top level 11 feet forward. The top level would have access to a new roof deck over the second level.

Section 134 of the Planning Code requires a rear yard of 25 percent of the lot depth (or 15 feet, whichever is greater) or 25 feet for the subject property. The existing rear addition, built without evidence of permit, projects three feet into this required rear yard.

          Section 132 of the Planning Code requires a front setback that is the average setback of the two adjacent buildings, or 10 feet for the subject building. The proposal is to extend the front of the building at all levels, such that there would be a 2½-foot setback at the garage level, no setback at the second level, and a 10-foot setback at the top level.


(JON PURVIS)

8.           2002.0910V:          334-336 6TH STREET, west side between Folsom and Harrison Streets; Lot 005 in Assessor's Block 3754; in an SLR (Service/ Light Industrial/Residential) District with a 50-X Height and Bulk designation.

                              REAR YARD MODIFICATION SOUGHT: The proposal is to demolish a vacant, two-story light industrial/warehouse building and construct a 50-foot, 5-story, mixed-use building with eight dwelling units over ground floor commercial and garage space. The rear yard open space would be provided within the center of the lot and on the roof.

                              Planning Code Section 134(a)(1)(C) requires a rear yard of 25 percent of the lot depth at the lowest story containing a dwelling unit, or 750 square feet of open space at one end of the lot above the garage level for the subject property. Section 134(e)(1) allows for modification of this requirement in the South of Market Districts if certain criteria are met. The proposal would provide 320 square feet of private open space at the center of the lot where it would align with a light well on an adjacent building, and 1,200 square feet of common useable open space on the roof.

(MAT SNYDER)

9. 2002.1251V:          106 ANDOVER STREET, west side between Powhattan Avenue and Eugenia Avenue, Lot 2 in Assessor's Blocks 5646, in an RH-1 (House, One-family) District, and a 40-X Height and Bulk District, and the Bernal Height Special Use District.

                    REAR YARD VARIANCE SOUGHT. The project is to construct a rear deck approximately eight-feet above grade and rear stairs from the third floor to the new deck, and from the new deck to grade. The new deck would extend six-feet from the existing building and would be 19-feet long, leaving three-foot setbacks along both of the adjacent property lines.

                    Planning Code Section 242(e)(2)(A) requires a 24.5-foot rear yard measured from the rear property line. The new deck would be built within 19-feet of the rear property line, requiring a variance. The external stairs from the third floor to the new deck would be within 22-feet of the rear property line, also requiring a variance. Some obstructions, such as decks, that are permitted to extend into the required rear yard elsewhere in the City, are not permitted to extend into the required rear yard in the Bernal Heights Special Use District (Planning Code Section 242(e)(2)(C)(iv)).



(KATE MCGEE)

10. 2002.1135V:          290 PRECITA AVENUE, east side of Precita Avenue, between Folsom and Shotwell; Lot 095 in Assessor’s Block 5517, in an RH-2 (Residential, House, Two-Family) District, a 40-X Height and Bulk District and in the Bernal Heights Special Use District.

          REAR YARD VARIANCE SOUGHT: The proposal is to legalize two decks located at the 2nd and 3rd story and, to construct stairs at the 2nd story to the ground level, within the required rear yard. The deck at the 3rd story measures 9 feet in length and 5 feet in width. The deck at the 2nd story measures 9 feet in length and 9 feet in width. The stairs extend 8 feet to the ground level. The proposal would intrude an additional 16 feet into the required rear yard.

          Planning Code Section 242(e)(2)(B) requires a rear yard of 45 percent of the total depth of the lot on which the building is located or 34 feet for the subject property. The existing rear yard is noncomplying in that it is only 27 feet deep.


(BEN FU)

11.           2002.1250V:           242 NEVADA STREET, west side, between Cortland Avenue and Jarboe Avenue; Lot 010 in Assessor’s Block 5686, in a RH-1 (Residential, Single-Family House) District and in the Bernal Heights Special Use District with a 40-X Height and Bulk designation.

          FRONT SETBACK VARIANCE SOUGHT: The proposal is to legalize an existing stair and landing that intrudes into the required front setback area.

          Planning Code Section 132 requires that in RH and RM Districts, all lots where one or both of the adjacent buildings have front setbacks along a street or alley, the subject property shall be set back to the average of the two adjacent front setbacks. In addition, all stairs and landings may not occupy more than 2/3 the buildable width of the lot along a front or rear building wall.

          Adjacent buildings to the north and south of the subject property each has a front setback of approximately 8'-0 . The required front setback for the subject lot would be 8'-0 at all levels. The project proposes to legalize existing stairs, decks and landings that occupy the entire width of the buildable width of the lot. In addition, the existing stair on the ground level intrudes 8'-0 into the front setback, and the existing deck on the top floor occupy approximately 9'-0 over the maximum buildable width.


(BEN FU)

12. 2002.1277V:          154-174 CAPP STREET, west side, between 16th and 17th Streets; Lot 039 in Assessor’s Block 3570, in a NC-3 (Moderate-Scale Neighborhood Commercial) District with a 50-X Height and Bulk designation.

          OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to permit the establishment of a large institution, the Sage Femme Midwifery, at the ground level without providing the required additional parking spaces.

          Planning Code Section 151 requires that off-street parking be provided in the minimum quantities specified per each principal use of a building over 5,000 square feet of gross floor area. For large institutions such as social service, parking requirement shall be determined per each use/service in which the institution provides. Per the submitted proposal, one space is required for each 500 square feet of office space and one space is required for each 300 square feet for outpatient clinic. The new proposal of an outpatient clinic and community social service would require a total of 17 independently accessible off-street parking spaces. No parking spaces exist and none are proposed.

          
          On December 11, 2002, the Zoning Administrator continued the item listed below to February 26, 2003 to allow neighborhood review of the project. The public hearing on this item is open:
                    (BEN FU)

13. 2002.1085V:          40 MONTEZUMA STREET, south side, between Shotwell Street and Coso Avenue; Lot 034 in Assessor’s Block 5520, in a RH-1 (Residential, Single-Family House) District and in the Bernal Heights Special Use District with a 40-X Height and Bulk designation.

          FRONT SETBACK, PERMITTED OBSTRUCTION & MASS REDUCTION VARIANCE SOUGHT: The proposal is to construct a new three-story over garage, single-family residential building on a vacant lot that intrudes into the required front setback. The project also exceeds the permitted obstruction envelope, and provides no mass reduction.

          Planning Code Section 132 requires that in RH and RM Districts, all lots where one or both of the adjacent buildings have front setbacks along a street or alley, the subject property shall be set back to the average of the two adjacent front setbacks. The adjacent building to the west of the subject property has a front setback of 7'-6 . The adjacent building to the east of the subject property has a front setback of 19'-6 . The required front setback for the subject lot would be 13'-6 at all levels. The project proposes no front setback at the garage and the level above, and a 13'-6 setback above at the third and forth levels. A garage would be permitted within the front setback, but the second level requires a Variance.

          Planning Code Section 136 requires all permitted bay window and balcony obstructions to have a maximum length of 15'-0 at the line establishing the required open area and shall be reduced in proportion to the distance from such line by means of 45 degree angles drawn inward from the ends of such 15'-0 dimension, reaching a maximum of 9'-0 along a line parallel to and at a distance of 3'-0 from the line establishing the required open area. The proposed bay windows are 11'-5 in length along a line parallel to and at 3'-0 in depth.

          Planning Code Section 242 also requires all buildings in RH-1 Districts to delete a total of 650 square feet of usable floor area from the exterior of the building, causing a reduction in building square footage and volume. The proposed building seeks a mass reduction of approximately 540 square feet.


          (SUSAN SNYDER)

14. 2002.1133V          3148 SAN BRUNO AVENUE, between Olmstead and Mansell Streets; Lot 19 in Assessor's Block 6156; in an RM-1 (Residential, Mixed, Low Density) District with a 40-X Height and Bulk designation.

OFF-STREET PARKING AND REAR VARIANCES SOUGHT: The proposal is to legalize a fourth dwelling unit in the basement.

Section 151 of the Planning Code requires one independently accessible parking space per dwelling unit. A total of four parking spaces are required. The project proposes to eliminate one parking space in the garage, leaving one space in the garage and one space in the side yard, for a total of two spaces.

Section 134 of the Planning Code states that parking shall not be provided in the required rear yard area. Parking may be provided in the rear yard, contingent upon this variance.

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