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December 17, 2003PLANNING DEPARTMENT

CITY AND COUNTY OF
SAN FRANCISCO

Notice of Hearing on Application
For Zoning Variance

CITY HALL - Room 416
1 Dr. Carlton B. Goodlett Place

Wednesday, December 17, 2003

Session Begins at 9:30 A.M.

Public Hearing

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/.

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, December 17, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 416 as follows:

9:30 A.M.

(GLENN CABREROS)

1. 2003.0917V: 362 - 25TH AVENUE, east side between California and Clement Streets, Lot 031 in Assessor's Block 1409 in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

            PARKING VARIANCE SOUGHT: The proposal is to eliminate one of three independently-accessible parking spaces and replace it with a tandem parking space.

            Section 151 requires one independently-accessible parking space for each dwelling unit. The subject property was legally constructed with three dwelling units and three independently-accessible parking spaces. Ground floor rooms were constructed without permit at the rear of the garage with one of the independently accessible parking spaces replaced by a tandem space. This proposal would provide three parking spaces within the garage, however one of the spaces would be tandem in order to legalize the rooms constructed at the garage level.

(GLENN CABREROS)

2. 2003.0957V: 2560 DIVISADERO STREET, southeast corner of the intersection with Broadway, Lot 013C in Assessor's Block 0961 in an RH-1(D) (Residential, House, One-Family Detached) District and a 40-X Height and Bulk District, and

            2663 BROADWAY, south side between Divisadero and Scott Streets, Lot 016 in Assessor's Block 0961 in an RH-1(D) (Residential, House, One-Family Detached) District and a 40-X Height and Bulk District.

            REAR AND SIDE YARDS VARIANCES SOUGHT: The proposal at Lot 013C (2560 Broadway) is to construct habitable space over the garage, a pool enclosure within the rear yard, and an interior connection to a new single-family dwelling proposed on Lot 016 (2663 Broadway). The proposal at Lot 016 (2663 Broadway) is to construct a two-story single-family home with a garage with an interior connection to the single-family dwelling at 2560 Divisadero Street.

            Section 133 of the Planning Code requires two side yards each of five feet on lots with a width greater than 50 feet, and two side yards each of four feet for lots with a width of 40 feet or more, but less than 50 feet. Lot 013C has a five-foot side yard requirement, and in the area of work proposed above the existing garage no side setback is provided. Lot 016 has a four-foot side yard requirement. However, along the west side of Lot 016, no side yard is provided along the west side property line to accommodate the interior connection to Lot 013C.

            Section 134(a)(1) of the Planning Code requires that the rear yard in an RH-1(D) District be equal to 25% of the total depth of the lot on which the building is situated. The required rear yard for lot 013C is 25 feet. A 12 feet deep by 52 feet wide portion of the pool enclosure, and a 13 feet deep and 42 feet wide interior connection to Lot 016 would be within the required rear yard.

                      (MICHAEL SMITH)

3. 2003.0955V 129 ASHTON AVENUE, west side of the street between Grafton and Holloway Avenues; Lot 008 in Assessor's Block 6988 in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE: The proposal is to remove the last 13'-3" of the building and construct an addition in its place that will increase the depth of the building by four-inches. The addition will have clerestory windows that will make it 3'-7" taller than the existing building. There will be an addition to the south side of the building that will extend it 7'-3" toward the south side property line.

            Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15'-0" measured from the rear property line. The proposed addition would extend to within approximately 5'-4" of the rear property line encroaching 9'-8" into the required rear yard.

            Section 188 of the Planning Code prohibits the intensification or expansion of a noncomplying structure. Because the rear portion of the building already encroaches 9'-3" into the required rear yard, it is considered a legal noncomplying structure. Therefore, expansion of this portion of the building as proposed would be contrary to Section 188.

    (MICHAEL SMITH)

4. 2003.0943V 205-207 CASELLI AVENUE, south side of the street between 19th and Yukon Streets; Lot 016 in Assessor's Block 2702 in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE: The proposal is to construct a roof deck at the rear of the building and rebuild the exterior rear stairs extending them vertically to access the new roof deck increasing the depth of the stairs by 1'-10". A fire escape would be constructed at the west side of the new roof deck.

            Section 134 of the Planning Code requires a minimum rear yard depth of approximately 41'-10" measured from the rear property line. The proposed stairs would extend to within approximately 19'-0" of the rear property line encroaching 22'-10" into the required rear yard.

            Section 188 of the Planning Code prohibits the intensification or expansion of a noncomplying structure. Because the rear stairs already encroach 21'-0" into the required rear yard, it is considered a legal noncomplying structure. Therefore, expansion of the stairs as proposed would be contrary to Section 188.

                      (ELAINE TOPE)

5. 2003.0928V 506-508 Liberty Street, north side between Noe Street and Castro Street; Lot 052 in Assessor's Block 3603 in an RH-2 (House, Two-Family) District and a 40-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: The proposal is to replace the existing back stairs, with new code complying stairs, which extend an additional 3 ft. 6 in. deeper into the existing rear yard setback. The proposal also includes new 6 ft. 6 in. by 12 ft. back decks/landings, integral with the stair, one on each of the three floor levels.

            Section 134 of the Planning Code requires a minimum rear yard depth of 45% in an RH-2 zone. The lot depth of the subject property is 100 feet and requires a 45 ft. rear yard setback. The existing rear yard setback, from the stairs to the rear yard property line, is approximately 28 ft. The proposed rear yard setback would be approximately 25 ft. The existing house and stairs, as well as the proposal, are non-compliant with current rear yard setback requirements; therefore it is necessary to seek and justify a variance for the current proposal.

                      (DANIEL SIROIS)

6. 2003.0848V 53 STATES STREET, south side of States Street, with Castro Street being the closet cross street, Lot 074, in Assessor's Block 2623, 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 a new three story plus penthouse addition to the rear of the existing one-story over basement single-family dwelling.

            Planning Code Section 134 requires a rear yard equal to 45 percent of the lot's depth. This code section allows either a reduction in rear yard requirements based on the average depth of the adjacent buildings or a rear yard equal to 25 percent of the lot depth, which ever is greater. In this case the rear yard requirement is 25 percent of the lot depth. The rear main building wall of the proposed addition encroaches four feet into the subject property's required rear yard and a bay window and balcony at the second level projects seven-feet into the required rear yard. These projections are subject to a rear yard variance.

                      (DARIO JONES)

7. 2003.0927V 330 DORANTES AVENUE, located on the north side of Dorantes Avenue; Lot 014 in Assessor's Block 2883 in an RH-1 (Residential House, One-Family) District and a 40-X Height and Bulk District.

            SIDE YARD SET BACK VARIANCE SOUGHT: The proposal is for the construction of a new rear addition, and a new third-story vertical addition to the existing single-family dwelling.

            Section 131 of the Planning Code requires a two side yards of 4 feet each for lots with a width between 40 and 50 feet. As proposed a one-foot portion of the proposed third story encroaches into the required side setback on the east side of the subject property.

(WINSLOW HASTIE)

8. 2003.0930V: 230-238 LEXINGTON STREET, west side between 19th and 20th Streets; Lot 72 in Assessor's Block 3596, located in an RH-3 (House, Three-Family) District and 50-X Height and Bulk District.

            REAR YARD VARIANCE SOUGHT: This project proposes to infill a rear lightwell at the ground level and to infill beneath the existing building at the rear of the ground level in order to accommodate off-street parking for the nine existing dwelling units.

            Per Section 134 of the Planning Code, the rear yard requirement in an RH-3 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 24 feet, 3 inches. This legal, non-complying building currently encroaches into the required rear yard approximately 10 feet, 6 inches. The proposed ground floor infill would intensify this non-compliance at the rear of the property.

(JON PURVIS)

9. 2003.0729V: 1631 19th STREET, south side, between Wisconsin and Arkansas Streets; Lot 25A in Assessor's Block 4069; in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

            FRONT SETBACK VARIANCE SOUGHT: The proposal is to demolish a garage at the front of the lot and construct a two-story single-family dwelling in its place at the front property line, and to convert the two-family dwelling at the rear to a single-family dwelling, leaving 25 feet of open space between the two structures.

            Section 132 of the Planning Code requires that buildings be set back from the street an average of the front setback of the adjacent buildings (excluding accessory structures, e.g. garages), up to a maximum requirement which, for the subject property would be 15 feet. The proposal is to build the new front building at the front property line with no front setback.

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