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Seal of the City and County of San Francisco
City and County of San Francisco
November 13, 2002

Planning Department
City and County of San Francisco
Notice of Hearing on Application
For Zoning Variance


          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, November 13, 2002

          Session Begins at 9:30 A.M.


          Public Hearing



          Lawrence B. Badiner, Zoning Administrator



          Thomas Wang, Variance Coordinator
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.


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.

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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.


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, November 13, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:


9:30 A.M.

(TINA TAM)

1.          2002.0975V          1546 – 1550 DOLORES STREET/100-110 VALLEY STREET, northwest corner of Valley and Dolores Street; Lot 8 in Assessor's Block 6615 in an RH-2 (Residential, House, Two-Family) District.

MINIMUM LOT AREA, REAR YARD AND USABLE OPEN SPACE VARIANCE SOUGHT: The proposal is to subdivide the existing lot, approximately 2,600 square feet in area, into two lots. One of the requested lots would front on Valley Street. The other requested lot would have a frontage on Dolores Street. There is no change to the existing number of dwelling units or any physical changes to the existing two buildings on the subject property.

Section 121(e) of the Planning Code requires a minimum lot area of 2,500 square feet for all RH-2 lots, and 1,750 square feet for lots having street frontage entirely within 125 feet of the intersection of two streets that intersect at an angle of not more than 135 degrees. Both lots would be deficient in lot area. The lot fronting on Valley would be approximately 927 square feet while the other lot fronting on both Dolores and Valley Streets would be approximately 1,673 square feet in area.

Section 134 of the Planning Code requires a minimum rear yard depth of no less than 15 feet. Both lots would have existing structures encroaching into the required rear yard.

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. Both proposed lots would not have sufficient usable open space to serve the existing units.




                              (JAMILLA VOLLMANN)

2.          2002.1045V:           773 COLE STREET, west side between Beulah and Frederick Streets, Lot 006 in Assessor's Block 1261 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to rebuild and reconfigure exterior stairs and decks at the rear of the existing 4-story residential building. The proposed alteration would allow the existing building to comply with current Building Code standards for second means of egress pursuant to Section 181(b)(2) of the Planning Code.

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 stairs extend to within 36 feet 6 inches of the rear property line and the proposed stairs would extend to within 26 feet 9 inches of the rear property line where the Planning Code requires a rear yard of 60 feet 6 inches.

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)

3.          2002.1055V:           3030 WEBSTER STREET, east side between Greenwich and Pixley Streets, Lot 018A in Assessor's Block 0517 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to legalize the existing 2-story porch enclosure at the rear of a 3-story 2-unit building. The proposal also includes replacing the existing corrugated roof cover, located over the rear 3-story unenclosed stairs, with an asphalt shingled roof that extends 9 feet into the required rear yard and is 10 feet wide.

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 porch enclosure extends to within 25 feet of the rear property line and the proposed roof cover would extend to within 23 feet of the rear property line where the Planning Code requires a rear yard of 32 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)

4.          2002.0968V:           2617 OCTAVIA STREET, west side between Green and Vallejo Streets, Lot 004 in Assessor's Block 0554 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD AND FRONT SETBACK VARIANCES SOUGHT: The proposal is to relocate and reconfigure exterior stairs and decks within the required rear yard of the existing 3-story, 2-unit residential building. The proposal also includes enclosing the area under the front bay windows within the required front setback.

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 7 feet. The existing front setback is approximately 8 feet and the proposed front setback would be approximately 5 feet.

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 stairs and decks extend to within 29 feet of the rear property line and the proposed stairs and decks would extend to within 33 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 building already occupies the required rear yard and is considered a legal noncomplying structure. The proposed alteration would be contrary to Section 188.

(GLENN CABREROS)

5.          2002.1006V:          2916 GOUGH STREET, east side between Greenwich and Lombard Streets, Lot 003E in Assessor's Block 0504 in an RH-3 (Residential, House, Three-Family) District and a 40﷓X Height and Bulk District.
                              
PARKING VARIANCE SOUGHT: The current legal use of the subject property is for a single-family home. The owner is proposing to legalize a second unit, constructed without permit at the ground level of the existing


building. The proposed project would result in two units with one independently-accessible parking space where the Planning Code requires two independently-accessible parking spaces.

          Section 151 of the Planning Code requires that one independently-          accessible off-street parking space be provided for each dwelling unit.


(KAYE SIMONSON)

6.          2002.1008V:          3196 PACIFIC AVENUE, north side between Lyon Street and Presidio Avenue; Lot 3 in Assessor's Block 965 in an RH﷓1 (House, 1 Family) District and a 40﷓X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct an addition at the basement, first and second floors at the northeast corner of the rear of the existing building. The addition would extend about 3 feet from the existing rear wall to approximately align with the edge of the existing roof overhang, and would be 12 feet wide.

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, with an angled rear lot line. The existing rear yard measures approximately 2 feet at the west and 6 feet at the east edge of the building. The resulting rear yard at the proposed addition would be approximately 1 to 3 feet.

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.


                                                                                                              (RICK CRAWFORD)

7.          2002.1039V:          3624 IRVING STREET, on the north side of Irving Street between 37th and 38th Avenues, Lot 22 in Assessor's Block 1713 in a RH-2 (Residential House Two Family) District and within the 40-X Height and Bulk District.

Rear Yard Variance Sought: The proposal is to enclose an existing light well at the rear of the building on the property. The light well to be enclosed is located within the required rear yard for the property.

Planning Code Section 188 prohibits the expansion of a noncomplying structure in a manner that increases the structure's degree of noncompliance.



The existing structure does not comply with the rear yard requirement of Planning Code Section 134, and the proposed addition will increase the amount of building within the required rear yard. The existing building has a light well toward the front of the building, a light well toward the rear and a courtyard near the center of the building. This request involves only the rearmost light well and does not affect the central courtyard.


          (JIM MILLER)

8.          2002.0850V:          430 VALLEJO STREET, north side between Kearny and Montgomery Streets, Lot 14 in Assessor's Block 133, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

REAR-YARD VARIANCE SOUGHT: The proposal is to legalize work done in the required rear-yard area of the subject lot consisting of the installation of a metal spiral stairway from the top floor of the building to the ground, a landing of approximately 20 square feet at the top-floor level, and the construction of a rear perimeter fence a portion of which is 11 feet, five inches tall.

Section 134 of the Planning Code requires, in an RH-3 District, a rear-yard area, open and clear from the ground up. equal to the average of the depths of the rear yards of the adjoining building with a minimum yard area of 25 percent of the depth of the lot (and in no case less than 15 feet). The rear yard, in which the spiral stair is situated, is five feet three inches in depth.

Section 136 of the Planning Code provides for obstructions in required open areas including yards. Pursuant thereto, steps or stairs from the first residential level to the ground may project a maximum of six feet into the required yard area. Also thereunder, fences in rear-yard areas may have a maximum height of ten feet (above the adjoining grade). Portions of the fence as built exceed this height


(BEN FU)

9.          2002.0938V:          100-104 ANDOVER STREET, southwest corner of Powhattan Avenue and Andover Street; Lot 001 in Assessor’s Block 5646, in a RH-1 (Residential, Single-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 enlarge a legally non-complying rear structure.

Planning Code Section 242 requires that in RH-1Districts, all lots that have a depth of 70 feet or less must provide a minimum rear yard of 35% of the total depth of the lot. The subject property is 70'-0 deep. The required rear yard is 24'-6 from the rear lot line to the rear building wall. The existing rear building wall intrudes approximately 4'-6 into the required rear yard, leaving a rear yard of approximately 20'-0 . The existing building is a non-complying structure; non-complying structures may not be altered to become more non-complying. The proposed alteration to increase headroom by 2'-2 enlarges the existing non-complying building envelope.


(KATE MCGEE)

10.           2002.0973V:          201 ELLSWORTH STREET, southeast corner of Eugenia and Ellsworth; Lot 038 in Assessor’s Block 5661, in an RH-1 (Residential, House, One-Family) District and in the Bernal Heights Special Use District, with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a deck on the building's third story within the required rear yard. The proposed deck measures 15 feet in length, and 5 feet in depth. The proposed deck would encroach approximately 7 feet into the required rear yard and would be approximately 17 feet from the rear property line.

Planning Code Section 242(e)(2) requires a rear yard of 35 percent of the total depth of the lot on which the building is located.



(MAT SNYDER)

11.          2002.0833V:          123 CORTLAND AVENUE, north side between Prospect Avenue and Winfield Street, Lot 18 in Assessor's Block 5617, in an RH-2 (House, Two-family) District, and a 40-X Height and Bulk District, and the Bernal Height Special Use District.

                    REAR YARD VARIANCE SOUGHT. The project is to demolish the existing two story porch structure and rear stairs, and replace them with a new two-level deck and new rear stairs in the same location.

                    Planning Code Section 242(e)(2)(B) requires a 34.5-foot rear yard measured from the rear property line. The building is currently built approximately 8-feet from the rear property line, which creates a non-complying situation for the property. Planning Code Section 188 allows existing non-complying structures to remain for the life of the structure, however, does not permit them to be rebuilt after being demolished. The proposed new deck and stairs would be within the required rear yard and would require a variance even they will be located in the same location as the previously existing rear porch and stairs.







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