October 22, 2003PLANNING DEPARTMENT
CITY AND COUNTY OF
Notice of Hearing on Application
For Zoning Variance
CITY HALL - Room 408
1 Dr. Carlton B. Goodlett Place
Wednesday, October 22, 2003
Session Begins at 9:30 A.M.
Jim Nixon, Acting 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.
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 Sunshine Ordinance
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 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, October 22, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:
1. 2003.0414V: 1815 BAKER STREET, west side between California and Sacramento Streets; Lot 4 in Assessor's Block 1023 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 proposal is to construct a second floor addition, a portion of which would be in the required rear yard. The existing building is one story over a garage and is a single family dwelling.
Section 134 of the Planning Code requires that the rear yard be equal to 45 percent of the lot depth, or the average of the two adjacent properties but in no case less than 25% of the lot depth. In this case, the required rear yard would be the average, 32 feet 9 inches. The existing rear yard measures approximately 30 feet 6 inches to the rear facade of the building. The application is to expand the building vertically, adding a new floor over the existing footprint; the actual rear yard would not be reduced. The portion of the addition that would be located in the required rear yard would measure 11 feet wide by 2 feet 3 inches deep.
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 and the required rear yard, it is considered a legal, non-complying structure. The proposal is considered to be an expansion and intensification of a non-complying structure.
2. 2003.0693V: 878-882 HAIGHT STREET, north side between Divisadero and Scott Streets, Lot 019 in Assessor's Block 1238 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to demolish and reconstruct the existing decks and stairs at the rear of the three-story, three-unit building, which extends approximately 13 feet 6 inches into the required rear yard and is a non-complying structure. The existing decks and stairs project approximately 10 feet 4 inches from the rear building wall and occupy the full width of the lot (25 feet). The proposed decks and stairs would be constructed within the same structural envelope as the existing decks and stairs. The Department of Building Inspection may require the replacement structure to have fire walls along each side property line.
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, at least 25 percent of the total lot depth or 15 feet, whichever is greater. Per averaging, the required rear yard of the subject property is 25 feet. The proposed rear yard is 10 feet 9 inches.
Section 188 of the Planning Code prohibits the reconstruction of any noncomplying structure that is voluntarily razed. While maintenance and repair of a noncomplying structure is allowed, reconstruction is not permitted except in full conformity with the requirements of the Planning Code. Because the rear decks and stairs encroach into the required rear yard, reconstruction of such structures would be contrary to Section 188.
3. 2003.0678V: 255 UPPER TERRACE, east side of Upper Terrace, between Monument Way and Clifford Terrace, Lot 077, Assessor's Block 2628, located in an RH-2 (Residential, House, Two-Family) District and in a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to extend the depth of two lower balconies by 2-feet 6-inches at the rear of the existing building.
Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth. The building currently projects into the required rear yard and the extension of the balconies would further increase the degree of rear yard non-compliance. Therefore this project requires a variance.
4. 2003.0654V: 3973 23RD STREET, south side of 23rd Street, between Noe and Sanchez Street, Lot 31, Assessor's Block 3653, located in an RH-2 (Residential, House, Two-Family) District and in a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct new habitable space, decks and stairs at the rear of the existing building.
Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth. Section 136 allows a 12-foot, two-story horizontal projection into the required rear yard provided that five-foot side yards are maintained on both sides of the 12-foot projection. The proposed additions to the rear extend beyond these parameters and therefore require a variance.
5. 2003.0674V: 12 CHATTANOOGA STREET, on the west side of Chattanooga Street between 21st and 22nd Streets, Assessor's Block 3619 Lot 059; in a RH-2 (Residential House, Two Family) District and within the 40-X Height and Bulk District.
LOT WIDTH AND LOT AREA VARIANCES SOUGHT: The proposal is to adjust the lot line between the lots at 12 and 14 Chattanooga (assessor's block 3619, lots 059 and 060).
Planning Code Section 121(d) requires a minimum lot width of 25 feet where a lot width of 23.875 feet is proposed.
Planning Code Section 121(e) requires a minimum lot area of 2,500 square feet where a lot area of 2,424 square feet is proposed. Lot 60 will remain a conforming lot as a result of this proposal.
6. 2003.0634V 25 Prosper Street, east side of the street between 16th Street and 17th Street; Lot 036 in Assessor's Block 3564 in a RH-2 (House, Two-Family) District and a 40-X Height and Bulk District.
REAR YARD AND FRONT SETBACK VARIANCES SOUGHT: The proposal is to convert the existing one car garage and the remaining existing space on the ground floor level to a dwelling unit. The existing rear yard stairs will be eliminated. In place of the stairs a 5 ft. by 5 ft. rear yard addition to be incorporated into the new ground floor dwelling unit is proposed. The project includes two new roof decks: one located over the existing garage and one located over the addition in the rear yard.
Additional improvements include an interior remodel of the existing unit and the addition of three windows to the rear elevation, one on each floor. Two surface parking spaces, screened from street view with a gated fence, are proposed to be located on the subject property in front of the house.
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 0 inches. The existing house is non-compliant with current rear yard setback requirements; therefore it is necessary to seek and justify a variance for the current proposal.
Section 142 of the Planning Code states that off-street parking areas in R Districts shall be screened from all streets through use of garage doors or by some other means.
Section 136 of the Planning Code states that decorative railings and decorative grille work other than wire mesh at least 75 percent open to perpendicular view, and no more than six feet in height above grade, are allowed in front setbacks. The existing mesh fence, located in the front setback, is not allowed for the purpose of screening parking; therefore it is necessary to seek and justify a variance for the proposed 6 ft. high, front yard fence.
7. 2003.0731V 90 MOUNTAIN SPRING AVENUE, in the northeast corner of Mountain Spring Avenue and Stanyan Street, near Twin Peaks Boulevard; Lot 051 in Assessor's Block 2706 in an RH-1(D) (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to (1) extend the entire existing first floor deck towards the rear (north) of the lot and (2) expand the existing first floor kitchen by enclosing a portion of the extended first floor deck.
Section134 (a)(1) of the Planning Code requires a rear yard of 18 feet 9 inches, measured from the rear (north) property line. The proposed deck extension and kitchen expansion would both encroach 15 feet 9 inches into the required rear yard to within 3 feet of the rear (north) property line.
Section188 of the Planning Code prohibits the enlargements or alterations to a noncomplying structure. Since the entire existing first floor deck and a portion of the existing kitchen are already in the required rear yard, they are considered a legal noncomplying structure. Therefore, the project would result in the enlargement of a noncomplying structure.
8. 2003.0707V: 625 PACHECO STREET - west side between 10th and 11th Avenues; Lot 001B in Assessor's Block 2130A in an RH-1 (House, Single Family) District and 40-X Height/Bulk District.
VARIANCE SOUGHT: A request to construct a sunroom within the required rear yard of the existing, non-complying, single-family dwelling. The proposed sunroom would extend ten (10) feet from the rear building wall, will be set back three (3) feet from the west property line and five (5) feet from the east property line.
Section 134 of the Planning Code requires a minimum rear yard of 28 feet, measured from the rear property line. The existing building encroaches approximately seven (7) feet into the required rear yard and the sunroom would encroach another ten (10) feet towards the rear of the lot, resulting in an 11 foot rear yard.
Section 134 of the Planning Code requires a minimum rear yard of 28 feet, measured from the rear property line. The existing building encroaches approximately seven (7) feet into the required rear yard and the sunroom would encroach another ten (10) feet towards the rear of the lot.
Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the expansion as proposed would be contrary to Section 188.
9. 2003.0632V: 666-670 PENNSYLVANIA AVENUE, west side, between 20th and 22nd Streets; Lot 026 in Assessor's Block 4103, in a RH-2 (Residential, Two-Family House) District with a 40-X Height and Bulk Designation.
OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to permit the addition of a second dwelling unit at the basement level without providing the required additional parking space.
Planning Code Section 151 requires one off-street parking space be provided for each dwelling unit. Two parking spaces are required for two dwelling units. The new proposal converts an existing wet bar to a kitchen at the basement level to establish a second unit. No changes in building envelope or any additional physical alterations are proposed to the exterior or the interior of the building. No parking spaces currently exist. No new parking is proposed.
10. 2003.0704V: 608 TEXAS STREET, west side, between 20th and 22nd Streets; Lot 016 in Assessor's Block 4101, in a RH-2 (Residential, Two-Family House) District with a 40-X Height and Bulk Designation.
FRONT SETBACK VARIANCE SOUGHT: The proposal is to legalize an existing fence constructed within the front setback requirement without permit.
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 north of the subject property has a front setback of 2'-0". The adjacent building to the south of the subject property has a front setback of 4'-6". The required front setback for the subject lot would be 3'-3" at all levels. The project proposes the legalization of a fence 10'-3" above grade, 3'-3" into the front setback requirement, and constructed without the filing of a building permit application.
11. 2003.0648V: 3126 - 22ND STREET, north side of 22nd Street, between South Van Ness Avenue and Capp Street; Lot 013 in Assessor's Block 3615, in an NC-1 (Neighborhood Commercial Cluster) District and in a 50-X Height and Bulk Designation.
12. 2003.0728V: 231-35 SAN JOSE AVENUE, east side between 24th and 25th Streets; Assessor's Block 6514, Lot 22, RM-2 (Mixed Residential, Moderate Density) District and 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposed project involves a horizontal and vertical extension at the rear of the 3-unit dwelling. The existing rear balcony and stairs would be replaced with a ground level garage, 11 feet in height, that would extend to the rear property line. The roof of this garage structure would serve as a deck, and stairs would lead from that up to new rear balconies and entries at the second and third floors.
Per Section 134 of the Planning Code, the rear yard requirement in an RM-2 zoning district shall be equal to either 45 percent of the total lot depth or the average between the depths of the rear building walls of the two adjacent buildings, but cannot be less than 25 percent of the lot or 15 feet, whichever is greater. Using the averaging method, the rear yard requirement for the subject property would be 22 feet, 6 inches. The current deck and stair configuration extends approximately 8 feet, 6 inches into the required rear yard. The proposed garage would extend to the rear property line. Above the ground level, the proposed open stairs would extend approximately 13 feet into the required rear yard. In addition, a roof canopy is proposed over the rear stairs.
13. 2003.0649V: 4107 FOLSOM STREET, northwest corner of Folsom Street and Ogden Avenue, Lot 30 in Assessor's Block 5732, in an RH-1 (House, One-family) District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.
PARKING VARAINCE SOUGHT. The project is to legalize and complete the demolition of a structure in the rear yard that was used for parking and to remove the property's existing curb cut.
Planning Code Section 242(e)(4) requires one parking space for each dwelling unit. The property had been legally non-complying for parking in that it only included one parking space for the two existing units. Planning Code Section 188(a) prohibits the increase in discrepancy from Planning Code standards. By legalizing the removal of the parking structure and removing the existing curb cut, the parking discrepancy on the lot would be made greater.
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))