May 28, 2003PLANNING DEPARTMENT
CITY AND COUNTY OF
Notice of Hearing on Application
For Zoning Variance
CITY HALL - Room 408
1 Dr. Carlton B. Goodlett
Wednesday, May 28, 2003
Session Begins at 9:30 A.M.
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.
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
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/.
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, May 28, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place,
Room 408 as follows:
1. 2003.0140V: 639-641 39TH AVENUE,
west side between Anza and Balboa Streets, Lot 007 in Assessor's Block
1582 in an RH-2 (Residential, House, Two-Family) District and a 40-X
Height and Bulk District.
REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:
The proposal is to construct decks, 19 feet wide by 7 feet deep, at the rear
of the second and third levels of the existing three-story two-unit building.
The decks would be setback 3 feet from both side property lines and would
extend into the required rear yard. A spiral staircase is proposed through
the center of the decks, connecting them to the yard.
Section 134(a)(2) of the Planning Code requires
that the minimum rear yard depth in an RH-2 District be equal to 45 percent
of the total lot depth of the lot on which the building is situated or the
average of the two adjacent buildings, but in no case less than 25 percent
or 15 feet (whichever is greater). The existing ground story is within 54
feet of the rear property line and the proposed decks would extend to within
44 feet of the rear property line where the Planning Code requires a rear
yard of 54 feet.
Section 188 of the Planning Code prohibits the
expansion of a noncomplying structure which increases the degree of noncompliance.
The existing second and third floor of the subject building is cantilevered
over the required rear yard and is considered a legal noncomplying structure.
The proposed alteration would be contrary to Section 188.
2. 2003.0450V: 1350 WALLER STREET, north
side between Ashbury Street and Masonic Avenue, Lot 011 in Assessor's
Block 1244 in an RH-3 (Residential, House, Three-Family) District and
a 40-X Height and Bulk District.
FRONT SETBACK VARIANCE SOUGHT: The proposal is
to replace the church's front stairway with a covered porch and stairway,
and to install an ADA compliant handicap lift that would be located behind
a new shingled wall with entry gates in the required front setback. The proposal
also includes remodeling the front facade and side towers in a manner that
resembles the building's original 1904 shingle style facade.
Section 132 of the Planning Code requires that
the minimum front setback depth shall be equal to the average of the two adjacent
front setbacks but in no case more than 15 feet. In this case, the minimum
required front setback is 3 feet 8 inches. The existing front setback is approximately
9 feet 9 inches and the proposed front setback would be approximately 2 feet.
3. 2003.0426V: 1546 PAGE STREET, north side
between Ashbury Street and Masonic Avenue, Lot 011 in Assessor's Block
1223 in an RH-3 (Residential, House, Three-Family) District and a 40-X
Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is for
new construction of a three-unit, four-story building on a vacant lot. A 6-foot
deep by 15-foot wide fire stair, required as a second means of egress under
the Building Code, is proposed to project 6 feet into the required rear yard
with 5-foot side setbacks from each side property line. The fire stair is
proposed to provide access from all levels of the building including the roof.
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 the average of the two adjacent rear yards,
no less than 25 percent of the total lot depth or 15 feet, whichever is greater.
Per averaging, the required rear yard of the subject property is 20 feet 8
4. 2003.0271V: 185 EDGEWOOD AVENUE, west
side near Belmont Avenue; Lot 12 in Assessor's Block 2641 in an RH-1(D)
(House, One-Family, Detached) District and a 40-X Height and Bulk District.
REAR YARD, SIDE YARD, FRONT SETBACK AND NON-COMPLYING
STRUCTURE VARIANCES SOUGHT: The proposal is to construct an addition at
the second floor at the rear of the single-family residence, which is located
in the required rear and side yards, and to expand the front garage, which
is located in the required front setback.
Section 134 of the Planning Code requires
that the rear yard be equal to 25 percent of the lot depth. In this case,
the required rear yard would be approximately 30 feet. The existing rear yard
is approximately 16 feet at the ground floor. The proposed addition is a vertical
expansion within the required rear yard; the existing rear yard would be maintained.
Section 133 of the Planning Code requires
that side yards be provided, with at least one side yard measuring 3 feet
or greater, and the sum of both side yards equal to at least 6 feet. The existing
south side yard is 3 feet and would not be changed. The existing north side
yard is zero, and the side yard at the proposed addition would also be zero.
Section 132 of the Planning Code requires
that the front setback be 15 feet or the average of the two adjacent properties.
In this case, the required front setback would be approximately 13 feet. The
existing garage is located in the required front setback, and has a zero setback.
The application proposes widening the garage from 12 feet to 20 feet.
Section 188 of the Planning Code prohibits
the expansion, intensification or change in use of a non-complying structure.
Because the existing structure already encroaches into the required rear and
side yards and the required front setback, it is considered a legal, non-complying
structure. The proposal is considered to be an expansion and intensification
of a non-complying structure.
5. 2003.0240V: 1211/1215 DOLORES STREET - east
side between 25th and 26th; Lot 030 in Assessor's
Block 6534 in an RH-3 (House, Three Family) District and 40-X Height/Bulk
VARIANCE SOUGHT IN CONJUNCTION WITH A LOT SPLIT: A
request for an exception to the open space requirement for units 1211/1215
of the subject property. The variance is required as a result of a proposed
lot split between 1211/1215 and 1217 Dolores. The variance does not address
any proposed construction or alterations.
Section 135 of the Planning Code requires
266 square feet of common usable open space, or a sufficient combination of
private and common open space for 1211/1215 Dolores. The proposed lot split
would provide only 168 square feet of the required open space for these two
units. The open space requirement is fulfilled for the unit at 1217 Dolores.
6. 2003.0170V 619 SANCHEZ STREET, east
side between Cumberland and 19th Streets; Lot 054 in Assessor's
Block 3600 in an RH-1 (Residential, House, One-Family) District and
Dolores Heights Special Use District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to remove
a rear portion of the existing two-story, single-family dwelling and replace
it with a two-story addition.
Section 241(a) of the Planning Code requires a
minimum rear yard of approximately 34 feet, measured from the rear property
line, for the subject lot. The existing building extends to within 33 feet
of the rear property line. The proposed two-story addition would extend to
within 23 feet of the rear property line, encroaching 11 feet into the required
7. 2003.0171V: 209 STATES STREET, on the
south side of States Street between Ord Court and Levant Street, Assessor's
Block 2619 Lot 176; 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 to demolish the existing rear stairs that extend to the rear property line
and construct a new bay window and balcony 3 feet from the rear property line.
Planning Code Section 134 requires a 15 foot rear
yard where a 3 foot rear yard will be provided.
8. 2003.0279V: 467 DUNCAN STREET, south side of Duncan
Street, between Sanchez and Noe, Lot 029, Assessor's Block 6602, located in
an RH-2 (Residential, House, Two-Family) District and in a 40-X Height and Bulk
REAR YARD VARIANCE SOUGHT: The proposal is
to construct: 1) a horizontal addition at the front of the existing single-family
dwelling; 2) cylindrical dormers and a spiral staircase connected by a catwalk
and glass railing on the east side of the existing roof that extends beyond
the front of the existing house, and; 3) a deck extending from the front façade
of the building.
Planning Code Section 134 requires a rear yard
equal to 45 percent of the lot's depth. The existing house is located entirely
within the required rear yard. All proposed alterations are also located within
the required rear yard.
Planning Code Section 188 does not allow the
alteration of an existing non-complying structure if the alteration further
increases the degree of non-compliance. The proposal would increase the non-compliance
and therefore requires a variance.
9. 2003.0199V 41 SANTA ANA AVENUE, east side
of the street between San Anselmo Avenue and St. Francis Boulevard;
Lot 023 in Assessor's Block 3072 in a RH-1 (D) (House, One-Family Detached
Dwellings) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to enclose
an existing second story deck on the existing two-story house. The existing
house, constructed in 1923 is 2,430 square feet, and the remodeled house will
be 2,499 square feet.
Section 134 of the Planning Code requires a minimum
rear yard depth of (25%). The lot depth of the subject property is 80 feet
and requires a 20-foot rear yard setback. The existing rear yard setback,
from the house to the rear yard property line, is 15 feet 10 inches. The existing
house is non-compliant with current rear yard setback requirements; therefore
it is necessary to acquire variance for the current project.
10. 2003.0355V: 132 MONTEREY BOULEVARD, north
side, between Acadia and Baden Streets, Lot 12 in Assessor's Block 6769,
in an RH-2 (Residential, House, Two-Family) District and a 40-X Height
and Bulk District.
EXPOSURE VARIANCE SOUGHT: The proposal is to allow
construction of a new three-story over garage, single-family dwelling at the
front of the subject property. There is currently an existing legal non-complying
one-story, single-family dwelling located at the rear portion of the lot.
Section 140 of the Planning Code requires
all dwellings units to face directly on an open area of either (1) a public
street or alley, (2) a rear yard meeting the requirement of the code, or (3)
an open area of no less than 25 feet in every horizontal dimension. The proposal
will result in a loss of exposure for the existing dwelling at the rear of
the lot since that dwelling will no longer meet any of the scenarios mentioned
in the above.
11. 2003.0089V: 1143 FLORIDA STREET, east
side, between 23rd and 24th Streets; Lot 030 in Assessor's Block 4208;
in an RH-2 (Residential, House, Two-Family) District with a 40-X Height
and Bulk designation.
REAR YARD, OPEN SPACE AND DWELLING UNIT EXPOSURE VARIANCES
SOUGHT: The proposal is to construct a second dwelling unit on this lot
to be located at the front of the lot and set 7.5 feet back from the front
property line. A 20 ft x 26 ft inner court would be provided between the existing
dwelling at the rear and the new dwelling at the front.
Section 134 of the Planning Code requires a 25
percent minimum rear yard be provided on residential lots. The proposal would
result in a 20 percent rear yard between the new and existing building.
Section 135 of the Planning Code requires
that every dwelling unit in the RH-2 District have access to open space of
at least 125 square feet, and that if provided within an inner court, only
one wall bordering the open space may be higher than the corresponding horizontal
dimension of the court. Under the proposal, three of the surrounding walls
would be higher than the corresponding horizontal dimension of the court.
Section 140 of the Planning Code requires
that every dwelling unit must face onto an open area, and that, if the open
area is within an inner court, the court must be no less than 25 feet in every
horizontal dimension. Under the proposal, the court would be 26 feet wide
and 20 feet deep.
12. 2003.0035V: 3579 MISSION STREET, east
side, between Santa Marina Street and Appleton Avenue; Lot 027 in Assessor's
Block 5712, in an RH-2 (Residential, House, Two-Family) Zoning District,
a 40-X Height and Bulk District, and the Bernal Heights Special Use
OFF-STREET PARKING VARIANCE SOUGHT: The proposal
is to construct a three-story vertical addition containing two dwelling units
to the existing one-story legally non-conforming commercial structure. The
existing structure contains no off-street parking; no new off-street parking
is proposed as part of this project.
Planning Code Section 242(e)(4)(B)(ii) requires
that within the Bernal Heights Special Use District and an RH-2 Zoning District,
and in cases where an addition of more than 200 usable square feet is proposed,
buildings with a total usable residential floor area between 2,251 and 2,850
square-feet must provide 4 off-street parking spaces.
The proposal calls for the establishment of 3,414 square
feet of usable residential space, however no off-street parking would be created.
The structure currently contains approximately 1,000 gross square feet of
commercial space which occupies the entire ground story. Pursuant to Code
Section 151, this space does not require any off-street parking.
13. 2003.0292V: 893 WISCONSIN STREET, Landmark
No. 148, the Kerrigan House - Ruth Cravath Stoneyard and Studio, east
side between 22nd Street and Madera Street, Lot 57 in Assessor's Block
4162, in an RH-2 (House, Two-family) District and a 40-X Height and
REAR YARD VARIANCE SOUGHT. The proposal is to construct
an addition at the rear of the house.
Planning Code Section 134(c) requires a 31-foot
deep rear yard for the subject property. The north rear corner of the house
extends beyond this required rear yard line and therefore is considered to
be legally non-complying.
The project proposes to construct an addition that would
be within the allowable building envelope for a two-story rear yard extension,
which requires a five-foot setback from each side property line. (Planning
Code Section 136(c)(25)(A) and (B)(ii)). However, because there is already
a non-complying encroachment into the side five-foot setback on the north
side, a Variance is required.
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
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.
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
(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))