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December 11, 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, December 11, 2002

          Session Begins at 9:30 A.M.


          Public Hearing



          Lawrence B. Badiner, Zoning Administrator


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.


          Thomas Wang, Variance Coordinator


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


9:30 A.M.

(MARY WOODS)

1.          2002:1031V:          151 - 24TH AVENUE, west side between West Clay and Lake Streets; Lot 4 in Assessor’s Block 1334, in an RH-1 (D) (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.

FRONT SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to add a new street-level, two-car garage beneath the steeply up sloping front yard of the single-family house. A concrete terrace with a wooden railing would be built atop the garage. There is a distance of 40 feet between the front wall of the subject building and the 24th Avenue curb. The 40-foot distance consists of a 10-foot deep front setback between the front property line and the front building wall of the house, and a 30-foot deep area that is within the public right-of-way. Additional work not subject to the Variance includes the addition of a driveway across the public right-of-way, as well as landscaped terraces flanking the driveway, a new public sidewalk with concrete balustrade above the garage entrance and a new concrete staircase connecting the sidewalk and the street, all to be located within the public right-of-way. That part of the project within the public right-of-way was reviewed by the Planning Department under Case No. 2002.0411R and found to be consistent with the City’s General Plan.

Section 132 of the Planning Code requires that the minimum front setback shall be equal to the lesser of the average depth of adjacent front setbacks, 15 feet or 15 percent of the lot depth. The proposed garage would extend from the house to the front property line and beyond, whereas the Planning Code requires a front setback of approximately 14 feet.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing house already encroaches into the required front setback, it is considered a legal, non-complying structure. The proposed addition of a subterranean garage 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.


(GLENN CABREROS)

2.          2002.1044V:           822 LAKE STREET, north side between 9th and 10th Avenues, Lot 003 in Assessor's Block 1349 in an RM-1 (Residential, Mixed, Low-Density) District and a 40﷓X Height and Bulk District.
                              
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a 9-foot deep by 17-foot wide third floor addition at the rear of the existing three-story single-family house which already extends into the legally required rear yard and is therefore a non-complying structure.

Section 134 of the Planning Code requires a rear yard area in an RM-1 Zoning District to be equivalent to 45-percent of the total lot depth, or when using the average of the two adjacent rear yards, 25 percent of the total lot depth or 15 feet, whichever is greater. The required rear yard of the subject property measures 18 feet from the rear lot line. The proposed addition would encroach 6 feet into the required rear yard.

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 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.


(GEOFFREY NELSON)

3.                     2002.1056V:          1235 3rd AVENUE, west side between Hugo Street and Lincoln Way; Lot 008 in Assessor's Block 1747; within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

          REAR YARD VARIANCE SOUGHT: The proposal is to add a three-story horizontal addition to the rear of an existing three-story single-family dwelling, and to add a partial fourth floor. Portions of the proposed addition would encroach into the required rear yard at every floor level above the ground floor by up to 14'-8 . The proposal is also to add one additional off-street parking space within the ground floor, and widen the existing garage door opening.

          Section 134(a)(2) of the Planning Code states that the minimum rear yard depth in an RH-2 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 30'-0 . Furthermore, the height of the last 10 feet of the building built beyond the  45% line' must be held to 30 feet. In addition, only  permitted obstructions' as defined by Section 136 of the Code may project beyond the  averaging' line. The proposed additions would project 9 feet into the required rear yard at the second floor of the building, 6 feet into the required rear yard at the third floor, and 14'-8 into the required rear yard at the fourth floor of the building.

(KAYE SIMONSON)

4.           2002.1131V:          1838 LAGUNA STREET, east side between Bush and Pine Streets; Lot 19 in Assessor's Block 663 in an RH﷓2 (House, 2-Family) District and a 40﷓X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to extend the existing rear deck to the rear (east) property line, an expansion of about 14 feet. The height of the existing deck is approximately equal to the grade level of the adjacent properties. The existing grade of the rear yard of the subject property is approximately 5 feet below the level of the existing deck and the adjacent properties. The existing 10-feet-high fence (as measured from the deck) would be replaced with a new fence, also 10 feet high. Required fire-resistive walls along the side and rear property lines would be incorporated into the new fence.

Section 134 of the Planning Code requires that the rear yard shall 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 25% of the lot depth, or 20 feet. The existing rear yard to the house is 20 feet, and the rear yard as measured to the deck is 14 feet.


(GLENN CABREROS)

5.          2002.1095V:           490 AVILA STREET, east side between Rico Way and Marina Boulevard, Lot 028 in Assessor's Block 0418A in an RH-1 (Residential, House, One-Family) District and a 40﷓X Height and Bulk District.
                              
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to alter a two-story portion of the three-story single-family house that is within the required rear yard and is therefore a non-complying structure. Two areas of the proposal require a rear yard variance. One area measures 3 feet by 6 feet for a height of two stories to enlarge a guest room on the ground floor and a family room on the floor above (2nd floor). The second area measures 3 feet by 25 feet to allow for a new kitchen area at the 2nd floor.



Section 134 of the Planning Code requires a rear yard area in an RH-1 Zoning District to be equivalent to 25 percent of the total lot depth or 15 feet, whichever is greater. The required rear yard for the subject lot measures 22 feet 6 inches from the interior lot line parallel to Avila Street.

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 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.


                                                  (MICHAEL SMITH)

6.           2002.0959V:          1768 NOE STREET, west side of the street between 30th and Laidley Streets; Lot 008 in Assessor's Block 6651 in a RH﷓1 (Residential, House, One﷓Family) District and a 40﷓X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a detached one-car garage with a basement at the rear property line on Laidley Street of a through lot with frontages on both Noe and Laidley Streets. The garage would have a centerline depth of 20-feet a width of 12'-10 and measure 11'-6 in height above curb level.

Section 134 of the Planning Code requires a minimum rear yard depth of (25%) approximately 24'-2 for the subject property, measured from the rear property line. The proposed garage addition would extend to the rear property line encroaching 24'-2 into the required rear yard.


                                        (SARA VELLVE)

7.          2002.1040V:          1784 SANCHEZ STREET - west side between Randall and 30th Streets; Lot 014 in Assessor's Block 6653 in an RH-2 (House, Two Family) District and 40-X Height/Bulk District.

VARIANCE SOUGHT: A request to expand the existing, non-complying, single-family dwelling further into the required rear yard of the lot. The proposed extension would increase the depth of the structure by approximately 5 feet and increase the height at the rear by approximately 7 feet.

Section 134 of the Planning Code requires a minimum rear yard depth between 28 and 33 feet for the subject property, measured from the rear property line, and the existing building already encroaches into the rear yard and is therefore an noncomplying structure. The subject lot is triangular at the rear with varying depth, which accounts for the atypical rear yard requirement and encroachment.


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.



                                                                                                                        (TOM WANG)

8.          2002.1170V:          1524 TENTH AVENUE, east side between Kirkham and Lawton Streets; Lot 036 in Assessor's Block 1855 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 allow the retention of two first floor decks, both constructed without permit, at the rear and south side of the existing two-story over garage, single-family dwelling. A fire-rated wall, 12 feet high above grade, will be required along the north side lot line for the rear deck and a second fire-rated wall, 12 feet high above the grade, will be required along the south side lot line for the south side deck.

Section 134(c)(1) of the Planning Code requires a minimum rear yard of 52 feet, measured from the rear property line, for the subject lot. The rear deck extends to within 35 feet of the rear property line, encroaching 17 feet into the required rear yard while the south side deck extends to within 47 feet of the rear property line, encroaching 5 feet into the required rear yard.

                                                  (DAN DIBARTOLO)

9.           2002.0960V:           124 LILY STREET, north side, between Gough and Octavia Streets; Lot 32 in Assessor’s Block 838, in the Hayes-Gough Neighborhood Commercial District ( NCD ) and 50﷓X Height and Bulk District.
.
                              REAR YARD MODIFICATION SOUGHT: The proposal is to add two new floors, renovate and convert the existing two story commercial structure for use as a single-family residence. A portion of the existing structure is in the required rear yard of the lot, resulting in no rear yard on the property. Thus, additional building expansion in the required rear yard in an NCD requires a modification of the rear yard requirement.

Section 134 Of the Planning Code requires a minimum rear yard depth of 25% at the lowest story containing a dwelling unit and in no case less than 15 feet for the subject property, measured from the rear property line. The subject lot has a depth of 120 feet and is a through lot with street frontages on both Oak and Lily Streets. The lot contains structures on both street frontages. The structure on the Oak Street frontage extends 56 feet in depth from the applicable front property line, while the existing and proposed structure on Lily Street extends 45 feet in depth from the rear property line. An interior open space between the structures is 19 feet deep by 25 feet wide and will not be altered by the current proposal. The existing structure completely covers the required 30-foot rear yard and is considered as a non-complying structure per Section 188 of the Planning Code. Thus, to enlarge the structure, the project requires that the rear yard provisions are modified in accordance with Section 134 (e) of the Planning Code.



                                        (JIM MILLER)

10.           2002.1058V:          176 - 178 PAGE STREET, north side of between Gough and Octavia Streets, a through-lot to Lily Street, Lot 14 in Assessor’s Block 848, in an NC-3 (Moderate Scale Neighborhood Commercial) District ( NCD ) and a 50-X Height and Bulk District.

                              REAR-YARD VARIANCE SOUGHT: The proposal is to demolish and reconstruct a three-car garage, exit stairs and a privacy fence (separating the property from the adjoining elevated freeway) at the rear (Lily Street side) of the subject two-unit residential building and the construction of a new three-car garage, exit stair and privacy fence in their place. The new garage structure would have an open deck (with a hot tub) on its roof. In addition, a deck would be constructed off the rear of the upper unit. A portion of this new construction would occupy space that the Planning Code establishes as required rear-yard open area.

                              Section 134 of the Planning Code requires that, in the Hayes-Gough NCD, the minimum rear yard depth be equal to 25 percent of the total depth of the lot on which the building is situated, but in no case less than 15 feet, and must be provided at the lowest story containing a dwelling unit, and at each succeeding level or story of the building.


(KATE MCGEE)

11. 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.

(KATE MCGEE)

12. 2002.1047V:          1049 CAROLINA STREET, east side of Carolina Street, between 22nd and 23rd Street; Lot 037 in Assessor’s Block 4161, 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 legalize a dwelling unit located within the required rear yard. The subject dwelling unit is located along the rear property line and measures approximately 20 feet in width and 17 feet in depth, and occupies 340 square feet.

Planning Code Section 134 requires a rear yard of 45 percent of the total depth of the lot on which the building is located.


(BEN FU)

13.           2002.1085V:          40 MONTEZUMA STREET, south side, between Shotwell Street and Coso Avenue; Lot 034 in Assessor’s Block 5520, in a RH-1 (Residential, Single-Family House) District and in the Bernal Heights Special Use District with a 40-X Height and Bulk designation.

                              VARIANCE SOUGHT (Front Setback, Permitted Obstruction & Mass Reduction): The proposal is to construct a new three-story over garage, single-family residential building on a vacant lot that intrudes into the required front setback. The project also exceeds the permitted obstruction envelope, and provides no mass reduction.

                              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 west of the subject property has a front setback of 7'-6 . The adjacent building to the east of the subject property has a front setback of 19'-6 . The required front setback for the subject lot would be 13'-6 at all levels. The project proposes no front setback at the garage and the level above, and a 13'-6 setback above at the third and forth levels. A garage would be permitted within the front setback, but the second level requires a Variance.

                              Planning Code Section 136 requires all permitted bay window and balcony obstructions to have a maximum length of 15'-0 at the line establishing the required open area and shall be reduced in proportion to the distance from such line by means of 45 degree angles drawn inward from the ends of such 15'-0 dimension, reaching a maximum of 9'-0 along a line parallel to and at a distance of 3'-0 from the line establishing the required open area. The proposed bay windows are 11'-5 in length along a line parallel to and at 3'-0 in depth.


                              Planning Code Section 242 also requires all buildings inRH-1 Districts to delete a total of 650 square feet of usable floor area from the exterior of the building, causing a reduction in building square footage and volume. The proposed building seeks a mass reduction of approximately 540 square feet.
          

(MAT SNYDER)

14.          2002.0570V:          2501 CESAR CHAVEZ STREET, southwest corner of Cesar Chavez and Kansas Street, Lot 001 in Assessor's Block 4339, in an M-2 (Heavy Industrial) District, a 65-J Height and Bulk District and the Industrial Protection Zone Special Use District.

                              PARKING, LOADING, BICYCLE PARKING, AND SHOWER FACILITIES VARAINCES SOUGHT. The project is to demolish the existing industrial building and construct a new self-storage facility that would be approximately 65-feet tall, and include approximately 136,000 square feet of self storage use, approximately 1,500 square feet of accessory office use, and one accessory manager's dwelling unit.

                              Planning Code Section 151 requires that one parking space be provided for every 2,000 occupied square feet of storage use and one parking space be provided for every dwelling unit (including accessory dwelling units). For the subject project, approximately 67 parking spaces are required; the project only proposes 16 parking spaces (seven of which would double as loading spaces).

                              Planning Code Section 152 requires three loading spaces for the subject use. Planning Code Section 154 requires that the first measure 25-feet deep by 10-feet wide with a vertical clearance of 12-feet, and every other loading space measure 35-feet deep, 12-feet wide with a minimum vertical clearance of 14 feet. Only one of the required loading spaces would have the standard required depth of 35-feet.

                              Planning Code Section 155.4(3) requires that twelve bicycle parking spaces be provided within for the proposed project. The project does not propose any bicycle parking spaces.

                              Planning Code Section 155.3 requires that four showers and eight clothes lockers be provided for the commercial use. The project does not propose any shower facilities (outside of the accessory dwelling unit).










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