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Seal of the City and County of San Francisco
City and County of San Francisco
July 23, 2003PLANNING 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, July 23, 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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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, July 23, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(GLENN CABREROS)

1. 2003.0475V: 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.

FRONT SETBACK, 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. A previous variance, Case No. 2002.1172V, was granted which split the lot between the two buildings resulting in two separate lots. Since the granting of the variance, the applicant has submitted building permit applications to demolish the garage at Linden Street in order to construct a new two-unit building with two parking spaces.

Section 132(a) of the Planning Code requires that the front setback in RH-3 District be the average of each adjacent front setback. The required front setback for the proposed building is 3 feet. The project proposes to align the front wall of the new building with the adjacent three-story building to the east, resulting in no front setback at the subject property.

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 northern lot is 15 feet. The proposed building would provide a rear yard 7 feet 3 inches from the building's rear wall or 3 feet 6 inches if measured from the proposed fire escape stairs.

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 also not provide the required minimum dimensions or area for useable open space for the dwelling unit proposed at the lower floors of the building.

(JAMILLA VOLLMANN)

2. 2003.0452V: 42 PALM AVENUE, east side between California and Euclid Streets, Lot 033 in Assessor's Block 1039 in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCE SOUGHT: The subject property contains two buildings, a two-family dwelling at the front of the property and an accessory building at the rear. The proposal is to renovate and convert the rear building into habitable space to be used as a recreation room, accessory to the top floor owner's unit. The proposal does not include any expansion of the accessory building.

Section 134(C)(2) of the Planning Code requires that the minimum rear yard depth shall 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 shed is located entirely within the required rear yard, in violation of Section 134 of the Planning Code.

Section 188 of the Planning Code prohibits the intensification of a noncomplying structure which increases the degree of noncompliance. The use of the rear building would be intensified as it would become a habitable structure. The accessory building already occupies a portion of the required rear yard and is considered a legal noncomplying structure. The proposed renovation to habitable space is considered an intensification of use and would be contrary to Section 188.

(MARY WOODS)

3. 2003.0428V: 530 - 41st AVENUE, east side between Anza Street and Geary Boulevard; Lot 001L in Assessor's Block 1504, 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 construct a new three-story fire escape at the rear of the building; remove the existing third-floor penthouse and construct a new third- floor level, of which approximately 140 square-foot (5.6 feet deep by 25 feet wide) would be within the required rear yard. The proposal would add a second unit to the existing two-story single-family residence.

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. The required rear yard, based on the average of adjacent buildings, would be approximately 50 feet from the rear property line. In this instance, the existing building and the second-floor sunroom are already in the required rear yard (43 feet and 31 feet from the rear property line respectively).

The proposed three-story rear fire escape would be entirely in the required rear yard (28 feet from the rear property line) while only approximately 5.6 feet of the third floor addition would be in the required rear yard (44 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 additions of rear fire escapes and third floor addition 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.

(JEFFREY TULLY)

4. 2003.0427V: 2763 FILBERT STREET, south side, between Baker and Broderick Streets; Lot 27 in Assessor's Block 947 in an RH-2 (House, Two-Family) District and a 40-X Height and Bulk District.

FRONT SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to reconstruct front elevation bay windows that were removed from the second and third floors in 1939. The front building wall of this single family dwelling already extends into the front setback and is considered non-complying with respect to the Planning Code.

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 is 4 feet and the new bay windows would be located within the front setback and project beyond the building's front property line.

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 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.

(KAYE SIMONSON)

5. 2003.0438V: 1990 JEFFERSON STREET, north side between Broderick and Divisadero Streets; Lot 13 in Assessor's Block 911 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 legalize the construction of a deck and stairs in the rear yard, which replaced a deteriorated stairway. The deck is located 9 feet above grade in the northeast corner of the building, extending out to match the location of the existing rear wall. The new stairs are located along the east property line, extend to the rear, then run along the north (rear) property line. A fire rated wall, approximately 42 inches high, will be located along the east and north edges on the deck and stairs.

Section 134 of the Planning Code requires that the rear yard shall be equal to 25% of the lot depth, but in no case less than 15 feet. The property is a shallow lot, measuring 56.5 feet. In this case, the required rear yard is 15 feet. The existing rear yard measures approximately 11 feet 6 inches, to the main facade of the building. The rear yard at the original stairs was approximately 5 feet. The resulting rear yard at the proposed deck would be approximately 11 feet 6 inches and the rear yard at the stairs would be zero.

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

(MICHAEL SMITH)

6. 2003.0408V 240 CLIPPER STREET, north side of the street between Noe and Sanchez Streets; Lot 011 in Assessor's Block 6548 in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal is to remove and replace the legal noncomplying second floor rear extension, roof deck, and rear stairs on a building that encroaches into the rear yard. The second floor extension and roof deck would be replaced in kind but the new stairs would be reconfigured to meet Building Code requirements.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 51'-4", measured from the rear property line. The proposal would replace a portion of the building that is within approximately 18'-0" of the rear property line encroaching 33'-4" into the required rear yard.

Section 188 of the Planning Code prohibits the replacement of a noncomplying structure. Because the rear portion of the existing building already encroaches 33'-4" into the required rear yard, replacement as proposed would be contrary to Section 188.

(RICK CRAWFORD)

7. 2003.0609V: 336 28th STREET, on the north side of 28th Street between Noe and Sanchez Streets, Assessor's Block 6602 Lot 012; 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 allow stairs from the second floor to extend to the third floor and a deck on the roof of the building.

Planning Code Section 136 allows such obstructions provided they do not extend above the second floor of occupancy. The Department approved the extension of the stairs to the third story in error.

(RICK CRAWFORD)

8. 2003.0436V: 2090 45TH AVENUE, on the east side of 45th Avenue between Pacheco and Quintara Streets, Assessor's Block 2164 Lot 016D; in a RH-1 (Residential House Two Family) District and within the 40-X Height and Bulk District.

REAR YARD SET BACK VARIANCE SOUGHT: The proposal is construct rear stairs to access a proposed third story addition to the existing dwelling.

Planning Code Section 134 requires a rear yard of 15 feet where a yard of 12 feet is proposed.

(TINA TAM)

9. 2003.0407V 247 and 247 ½ NEY STREET, north side between Congdon and Trumbull Streets, Lot 8 in Assessor's Block 5871 in an RH-1 (Residential, House, One-Family) District.

MINIMUM STREET FRONTAGE, LOT AREA, REAR YARD, USABLE OPEN SPACE, AND DWELLING UNIT EXPOSURE VARIANCE SOUGHT: The proposal is to subdivide the existing lot, approximately 2,750 square feet in area, into two lots. There is currently an existing legal nonconforming and noncomplying one-story, single-family dwelling located at the rear portion of the lot. There is no change to the total number of dwelling units or any physical changes to the existing two dwelling structures on the subject property.

Section 121(a) of the Planning Code requires a minimum street frontage of 16 feet for every newly created lot. The proposed lot at the rear will continue to have access to and from Ney Street along the east side of the property at the front and will not meet this street frontage requirement.

Section 121(e) of the Planning Code requires a minimum lot area of 2,500 square feet for all RH-1 lots. Both lots would be deficient in lot area. The lot at the front will be approximately 1,525 square feet while the other lot at the rear will be approximately 1,225 square feet in area.

Section 134 of the Planning Code requires a minimum rear yard depth of no less than 27 feet and six inches. Both lots have existing structures encroaching into the required rear yard and will not meet this rear yard requirement.

Section 135 of the Planning Code requires a minimum of 125 square feet of private usable open space or 166.25 square feet of common usable open space to serve each dwelling unit. The existing courtyard, approximately 225 square feet in size, will not be sufficient common usable open space to serve both units on the subject property. The existing five-foot, three-inch side yard setback for the unit at the front will also not be wide enough to meet the minimum horizontal dimension of six feet for private usable open space.

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 not have sufficient exposure to serve the existing dwelling unit at the rear.

(DAN DIBARTOLO)

10. 2003.0401V: 1839-1841 STOCKTON STREET, west side of Stockton between Greenwich and Lombard Streets, Lot 005 in Assessor's Block 0076 in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a new four-story, two-unit residential building. The property contains an existing three-unit residential building at the rear of the 137.5-foot deep lot. The proposed structure would be built at the front of the lot and would extend 75' 7" in depth from the front property line, thereby encroaching approximately 9'5" into the required rear yard of the lot.

Section 134 of the Planning Code provides that the minimum depth of a rear yard between two buildings on a lot in the RM-1 District shall be 25 percent of the subject lot's depth, or 15 feet, whichever is greater. The required rear yard for the subject lot (based on the 137.5 foot lot depth) is 34.4 feet. It is required that this rear yard be provided between the proposed structure at the front of the lot and the existing non-complying structure at the rear of the lot. The proposed new structure would encroach approximately 9'5" into the required rear yard.

        (JON PURVIS)

11. 2003.0463V: 114 ST. MARY'S AVENUE, north side, between San Jose Avenue and Mission Street; Lot 43 in Assessor's Block 6692; in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk designation.

PARKING VARIANCE SOUGHT: The proposal is to add a second dwelling unit at the lower level of this single-family dwelling without providing a second off-street parking space.

Section 151 of the Planning Code requires that one off-street parking space be provided for every dwelling unit in the RH-2 District. The proposal would result in two dwelling units with one off-street parking space.

(JULIAN BANALES)

12. 2003.0434V: 1447 VALENCIA STREET, east side of Valencia Street, between 25th and 26th Streets; Lot 018 in Assessor's Block 6530, in the Valencia Neighborhood Commercial District and in a 50-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The project is to construct an enclosed 2-car garage in the rear yard and to reconstruct and enlarge an existing rear deck and stars.

Planning Code Section 134 requires a rear yard of 25% of the total depth of the lot on which the building is located, or approximately 29 feet for the subject property. The existing building has a rear yard of 29 feet, with deck and stairs protruding 13.5 feet into the rear yard.

The project proposes to build an enclosed garage of 21 feet by 25 feet on the rear property line. The garage would be 9 feet in height and would have a roof deck above. The rear stairs would be reconfigured and the deck on the top level would be expanded so that it would extend 10 feet from the rear building wall and would be 21 feet in width at its longest dimension.

(JULIAN BANALES)

13. 2003.0405V: 2356 BRYANT STREET, south side between Hawes and Coronado; Lot 12 in Assessor's Block 4145; in an RM-1 (Residential, Mixed, Low Density) District with a 40-X Height and Bulk designation.

OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to add a third dwelling unit without providing the required parking space.

Planning Code Section 151 requires the provision of one-off street parking space for each additional dwelling unit. A studio unit of approximately 460 square feet is proposed at the ground level, for a total 3 dwelling units. The project requires three off-street parking spaces. Only two spaces would be provided.

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