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Seal of the City and County of San Francisco
City and County of San Francisco
June 25, 2003

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, June 25, 2003

Session Begins at 8:30 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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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.

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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, June 25, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

8:30 A.M.

(GEOFFREY NELSON)

1. 2003.0382V: 1284 PAGE STREET, north side between Baker and Lyon Streets; Lot 166 in Assessor's Block 1220; within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

          REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to repair and expand an existing deck structure located in the rear yard of the subject property. The permit history of the deck is unclear, and as the deck is constructed in the required rear yard, it is considered noncomplying with respect to the Planning Code.

                  Section 134 of the Planning Code states that the minimum rear yard depth in an RH-3 District shall be 45% of the total depth of the lot on which the building is situated. Section 134(c) allows this 45% rear yard to be further reduced to a line which is the average depth of the rear walls of the two adjacent buildings. On the subject lot, this results in a required rear yard of approximately 27 feet. The existing deck projects into the required rear yard by approximately 12 feet. The proposed expansion and repair would not cause the deck to project any further into the rear yard, but it would intensify the currently noncomplying structure by making it larger.

                  Section 188 of the Planning Code states that no noncomplying structure shall be enlarged or intensified in any way that increased the discrepancy between the current configuration of the structure and the Code requirement. The proposed alterations would expand the width of the existing deck by approximately 15 feet, and would occupy new area in the required rear yard

(KELLEY AMDUR)

2. 2003.0281V: 1172 BROADWAY, north side between Jones and Leavenworth Streets; Lot 022 in Assessor's Block 0151 in an RH-3 (Three-Family) District and a 65-A Height and Bulk District.

                      REAR YARD VARIANCE SOUGHT: The proposal is to construct a roof deck on top of the existing two-story, two-unit building, and to add a rear circular stair from the new deck to the 2nd floor. The new stair would be within the required rear yard. There would be no expansion of the building footprint or volume. (The proposed roof deck is allowed as-of-right, and does not require a variance).

                      Section 134 of the Planning Code requires a 15-foot deep rear yard for the subject property. A portion of the existing building extends to within 3 feet of the rear property line, and an existing rear stair extends to the rear property line. The proposed circular stair would extend to within 3 feet of the rear property line, requiring a variance.

                      Section 188 of the Planning Code prohibits the expansion of a noncomplying structure which increases the degree of noncompliance. The existing building occupies a majority of the required rear yard area and is considered a legal noncomplying structure. The proposed rear stair would increase the noncompliance of the building and therefore requires a variance from Section 188.

                      (TOM WANG)

3. 2003.0526V 286 CUMBERLAND STREET, northeast corner of Cumberland and Sanchez Streets; Lot 052 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 expand the kitchen on the second floor towards west side of the lot. The subject property is a two-story, single-family dwelling.

            Section 241(a) of the Planning Code requires a minimum rear yard of approximately 18 feet, measured from the rear (north) property line, for the subject lot. The existing building extends to the rear property line. The proposed kitchen expansion would extend to the rear property line and would occur entirely within the required rear yard.

            Section 188 of the Planning Code prohibits the enlargement or alteration of a noncomplying structure. Since the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed expansion of the first floor kitchen would result in the enlargement of and alteration to a noncomplying structure.

                      (MICHAEL SMITH)

4. 2003.0353V 438 ELIZABETH STREET, south side of the street between Noe and Sanchez Streets; Lot 015 in Assessor's Block 3653 in a RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE: The proposal is to construct a rear horizontal addition and a one-story rear vertical addition on a legal noncomplying building that encroaches into the rear yard. The horizontal addition would add 4'-9" to the depth of the building and the vertical addition would measure 37'-7" in depth with a 36-foot front set back from the front building wall.

            Section 134 of the Planning Code requires a minimum rear yard depth of approximately 37'-2", measured from the rear property line. The proposed addition would extend to within approximately 28'-0" of the rear property line encroaching 9'-2" into the required rear yard.

            Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the rear portion of the existing building already encroaches 5-feet into the required rear yard, it is considered a legal noncomplying structure. The proposed building would be taller and encroach 9'-9" into the required rear yard. Therefore expansion as proposed would be contrary to Section 188.

                      (DANIEL SIROIS)

5. 2003.0377V 602-604 NOE STREET, southwest corner of Noe Street and 19th Street, Lot 001, Assessor's Block 3602, located in an RH-2 District (Residential, House, Two-Family) District and in a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to construct a new 3rd floor on the existing two-story mixed-use building.

            Planning Code Section 134(c)(1) requires that the last 10 feet of a structure be no higher than 30 feet if the averaging method is used to measure the required rear yard. The last 10 feet of the proposed addition at the rear measures 32.5 feet at its highest point and therefore requires a variance.

                      (DANIEL SIROIS)

6. 2003.0354V 730 NOE STREET, west side of Noe Street, between 20th & Liberty, Lot 103, Assessor's Block 3603, located in an RH-2 District (Residential, House, Two-Family) District and in a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to construct dormers in the attic space of the existing single-family house.

            Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth or 15 feet whichever is greater. The existing building extends to the rear property line and does not provide the required rear yard under the Planning Code. Three of the proposed dormers are 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.

                      (SARA VELLVE)

7. 2002.1233V: 3977 - 18th STREET - south side between Noe and Sanchez Streets; Lot 079 in Assessor's Block 3584 in an RH-3 (House, Three-Family) District and 40-X Height/Bulk District.

            VARIANCE SOUGHT: A request to legalize a vertical addition, begun without the benefit of permits, to an existing, non-complying, single-family dwelling from a height of approximately 30 feet (midpoint of roof) to 34 feet (midpoint of roof), measured from the front property line. The structure is non-complying, as it is located entirely within the required rear yard of the property.

            Section 134 of the Planning Code requires a minimum rear yard of approximately 51 feet 3 inches for the subject property, measured from the rear property line. The rear of the subject structure is approximately 3 feet 3 inches from the rear property line. The addition to the non-complying structure would extend to within 3 feet 3 inches of the rear property line and encroach 48 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 yard, it is considered a noncomplying structure. The expansion would be contrary to Section 188.

(MAT SNYDER)

8. 2003.0352V: 171 SOUTH PARK AVENUE - south side between 3rd and Center Place, Lot 27 in Assessor's Block 3775; located in the SPD (South Park) District, and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT. The proposal is to construct a new three-story deck and stairs at the rear of the building and to legalize the existing parking at the rear of the property.

            Planning Code Section 134(e) requires a 33-foot deep rear yard measured from the rear property line. Planning Code Section 134(b) prohibits automobiles from being parked in the rear yard. To allow the proposed deck and to legalize the parking, either of the following would have to occur: (1) the location of the required rear yard would have to be established to the middle of the lot pursuant to Planning Code Section 134(e) (rear yard modifications in South of Market Districts); this would establish the rear of the property as a legal place to park. In this instance, the effective size of the rear yard would be reduced because the proposed new deck would extend about 7-feet into the yard's 33-feet of required depth; or (2) the location of the existing rear yard could be maintained at its current location, which would require a variance to allow parking in the rear yard.

(MAT SNYDER)

9. 2003.0311V: 45 MIRABEL - north side between Coso Avenue and Shotwell Street, Lot 33 in Assessor's Block 5517; located in an RH-2 (House, Two-family) District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.

            PARKING VARIANCE SOUGHT. The proposal is to construct a horizontal addition to the house along both sides, and to construct an internal mezzanine level between the basement and first floors.

            Planning Code Section 242(e)(4)(B)(i) requires that any property within the Bernal Heights Special Use District, which is zoned RH-2, become compliant with the Bernal Heights Special Use District parking requirements when a proposed addition (or cumulative additions) adds more than 200 square feet to the existing property. The proposed project includes adding approximately 378 square feet to the existing house but does not include providing parking.

(DAN SIDER)

10. 2003.0309V: 958-964 CAPP STREET, being a through lot to Lilac Street, between 24th and 25th Streets; Lot 013 in Assessor's Block 6517, in an RH-3 (Residential, House, Three-Family) Zoning District, a 40-X Height and Bulk District, and the area subject to the Mission District Interim Controls as set forth in Board of Supervisors Resolution Number 500-02.

            REAR YARD VARIANCE SOUGHT: Planning Code Section 134(c)(4)(C) allows properties that are through lots which abut properties that contain two buildings, each with dwellings that front on opposite ends of the property, to provide a required rear yard in the central portion of the lot. Both properties adjacent to the subject property contain secondary buildings which face Lilac Street, however only the adjacent rear structure to the north contains a dwelling unit.

            Planning Code Section 134(c) requires the rearmost 25 percent of the 115 foot-deep parcel (28.75 feet) must be left open. Therefore, to allow a central rear yard, this Variance is sought.

            The subject property currently contains four dwelling units in a structure located at the front of the lot facing Capp Street. The proposal would relocate two of these units into a new structure which would face Lilac Street and occupy the entire required rear yard area. The new structure would contain four stories plus a fifth-level stair penthouse and would reach a maximum height of 50 feet. The rearmost 21 feet of the existing structure would be demolished to allow for replacement yard space.

(KATE McGEE)

11. 2003.0216V: 317 SAN JOSE AVENUE - east side of San Jose Avenue, between 25th and 26th Street; Lot 027 in Assessor's Block 6531, in an RH-3 (Residential House, Three Family) Zoning District and in a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to construct a vertical addition to a single-family dwelling. The proposed third floor addition would measure 770 square feet with a penthouse located above, measuring 100 square feet. The addition would result in an increase of 870 square feet to the existing structure.

            Planning Code Section 134(c) states that the rear yard requirement of 45 percent can be reduced to a 15 foot minimum in special circumstances but under no circumstances shall the minimum rear yard be reduced to less than a depth equal to 25 percent or to less than 15 feet, whichever is greater. The proposed addition protrudes 8 feet into the required rear yard leaving a rear yard depth equal to 7 feet and therefore requires a Rear Yard Variance.

            Planning Code Section 134(c)(1) states that the last 10 feet of building depth permitted to extend into the rear 45 percent of the lot depth shall be limited in height to 30 feet. The proposed addition has a height of 35 feet in the last 10 feet of building depth and therefore requires a Rear Yard Variance.

            Planning Code Section 188 states that a non-complying structure can be increased provided that there is no increase in any discrepancy, or any new discrepancy, at any level of the structure. The proposal to expand upon the existing non-complying structure increases its discrepancy and thus, requires a Rear Yard Variance.

(JAMILLA VOLLMANN)

12. 2001.1072V: 2717 BAKER STREET, west side between Union and Filbert Streets, Lot 004A in Assessor's Block 0948 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 includes constructing an approximately 850 square foot third-story addition with adjacent roof deck above the existing two-story single-family house. The proposal also includes exterior stairs from the third floor roof deck to a roof deck above and a stair penthouse.

            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 building extends to the rear property line and the proposed vertical expansion would extend to the rear property line where the Planning Code requires a rear yard of 15 feet.

            Section 188 of the Planning Code prohibits the expansion of a noncomplying structure which increases the degree of noncompliance. The existing building already occupies the required rear yard and is considered a legal noncomplying structure. The proposed alteration would be contrary to Section 188.

(JAMILLA VOLLMANN)

13. 2003.0185V: 640-642 WALLER STREET, north side between Pierce and Scott Streets, Lot 011 in Assessor's Block 0862 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

            REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal includes enclosing ground floor light wells, enclosing open ground floor area below the rear portion of the building, constructing a one-story rear addition and adding a garage in the ground floor. A portion (52 square feet) of the proposed rear one-story addition would encroach into the required rear yard.

            Section 134(a)(2) of the Planning Code requires that the minimum rear yard depth in an RH-3 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 building extends to within 43 feet of the rear property line and the one-story addition proposed along the east side of the existing building would extend to within 43 feet of the rear property line where the Planning Code requires a rear yard of 56 feet.

            Section 188 of the Planning Code prohibits the expansion of a noncomplying structure which increases the degree of noncompliance. The existing building already occupies a portion of the required rear yard and is considered a legal noncomplying structure. The proposed alteration would be contrary to Section 188.

(KAYE SIMONSON)

14. 2003.0294V: 2920A SACRAMENTO STREET, north side between Broderick and Divisadero Streets; Lot 38 in Assessor's Block 1004 in an RH-2 (Residential, House, 2-Family) District and a 40-X Height and Bulk District.

            REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The property contains two structures: one at the front of the lot and one at the rear. The subject building, which is located at the rear of the property and is in the required rear yard, contains a dwelling unit. The proposal is to construct a horizontal addition on a portion of the front of the legally non-complying two-story structure. The addition will be constructed at the entry deck, at the back portion of the southeast ell of the building, and extend south about 4 feet from the existing first and second floors. At the second floor, an L-shaped dormer will be constructed over the addition and the front portion of the house; it will be set back 4 feet from the existing front facade.

            Section 134 of the Planning Code requires that the rear yard be equal to 45% of the lot depth, or the average of the adjacent properties, but in no case less than 25% of the lot depth. In this case, the required rear yard is 32 feet (25% of the lot depth), and is measured between the building at the front of the site and the house in the rear yard. The dimension of the existing yard between the buildings is approximately 16 feet at the closest point. The addition would be set back approximately 26 feet from the front building. The existing yard to the rear of the subject building is approximately 13 feet and would be unchanged.

            Section 188 of the Planning Code prohibits the intensification of a legally non-complying structure. Because the entire subject building already occupies the rear yard, its expansion would be contrary to Section 188.

(KAYE SIMONSON)

15. 2003.0361V: 2555 WEBSTER STREET, west side between Broadway and Pacific Avenue; Lot 2 in Assessor's Block 581 in an RH-2 (Residential, House, 2-Family) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to construct a fence topped by a lattice screen and trellis, to be located on the existing retaining wall at the rear property line. The total height of the wall, fence and screen would be 25 feet.

            Section 134 of the Planning Code requires that the rear yard be equal to 45% of the lot depth, or the average of the adjacent properties, but in no case less than 25% of the lot depth. In this case, the required rear yard is 29 feet (the average of the two adjacent properties). Furthermore, Section 134(b) allows certain permitted obstructions in the rear yard, as specified in Section 136 of the Planning Code. Specifically, fences of up to 10 feet would be allowed as a permitted obstruction in the required rear yard.

(MARY WOODS)

16. 2003.0233V: 655 - 657 14th AVENUE, west side, between Cabrillo and Balboa Streets; Lot 10 in Assessor's Block 1630 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 two-story over garage, two-unit building is approximately 43 feet from the rear lot line. The proposal is to (1) remove the existing stairway located within the building envelope and relocate it, including new exit decks/balcony, to the exterior of the building envelope; and (2) incorporate the vacated stair spaces on each floor level into existing units.

            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 127.50 feet deep resulting in a required minimum rear yard of approximately 47 feet. The existing building encroaches into the required rear yard by approximately 4 feet. The proposed 8-foot deep exit stairs and decks would be situated entirely in the required rear yard, approximately 39 feet from the rear property line.

            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 relocation of the exit stairs is considered to be an expansion and intensification of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(BEN FU)

17. 2003.0216V: 715 ANDERSON STREET, east side, between Crescent and Ellsworth Streets; Lot 040 in Assessor's Block 5812, in a RH-1 (Residential, Two-Family House) District in the Bernal Heights Special Use District with a 40-X Height and Bulk Designation.

            REAR YARD VARIANCE SOUGHT: The proposal is to (1) legalize the existing rear deck that intrudes into the rear yard on the second level; (2) legalize the existing northeast rear corner of building that intrudes into the rear yard; (3) reconstruct a rear stair and landing that intrude into the rear yard on the first level. The legalizations and reconstruction will also require a property line firewall.

            Planning Code Section 242 requires that in an RH-1 Zoning District within the Bernal Heights Special Use District, the minimum required rear yard depth shall be equal to 35 percent of the total depth of the lot. The rear yard is required at all levels. The rear structures were built without permit. The rear deck on the second level encroaches approximately 14'-6" beyond the permitted building envelop, leaving a rear yard set back of approximately 10'-0". The northeast rear corner of the dwelling encroaches approximately 6'-6" beyond the permitted building envelop. The existing rear stair and landing on the first level encroach approximately 10'-0" beyond the permitted building envelope. The new stair and landing will be constructed in the same configuration as the existing.

(BEN FU)

18. 2003.0310V: 154 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 medical service use (outpatient clinic), at the first and third floors 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 medical services such as an outpatient clinic, one off-street parking space is required for each 300 square feet of occupied floor area. The new proposal of an outpatient clinic and community social service would require 11 spaces for the first floor use and 28 spaces for the third floor use, totaling 39 independently accessible off-street parking spaces. Two parking spaces currently exist but none are proposed.

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