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Seal of the City and County of San Francisco
City and County of San Francisco
January 28, 2004PLANNING 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, January 28, 2004
Session Begins at 9:30 A.M.

Public Hearing

Craig Nikitas, 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.

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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.

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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, January 28, 2004, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(GLENN CABREROS)

1. 2003.1129V: 2734-2736 BUCHANAN STREET, east side between Broadway and Vallejo Street, Lot 015 in Assessor's Block 0566 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 for a rear horizontal expansion of the existing partial third floor of this two-unit building and to relocate the existing rear wall 9 inches into the rear yard from its present location. The lot has an irregular shape with a 10-foot wide portion of the lot (as measured from the east property line) measuring 66.25 feet deep. The remainder of the lot is 18 feet wide and 100 feet deep. Since two stories of the existing building were constructed to the portion of the rear lot line that measures 10 feet wide, the last 16.6-foot deep (by 10 foot wide) portion of the building is non-complying. The proposed rear horizontal expansion at the third floor and relocation of the existing rear wall would align the rear of the building with the jog in the eastern side property line, 66.25 feet deep as measured from the front property line.

        Section 134 of the Planning Code requires a 34-foot 6-inch rear yard for the 100-foot deep portion of the lot and a 16.6-foot rear yard for the 66.25-foot deep portion of the lot. The proposed rear yard measures 33 feet 9 inches at the 100-foot deep portion. No rear yard is proposed at the 66.25-foot deep portion at all levels of the subject building.

        Section 188 of the Planning Code prohibits the intensification of any noncomplying structure. The project proposes relocating one of the two dwelling units to the ground floor, thus converting the rear portion of the existing ground floor into habitable space. A portion of the ground floor dwelling unit is located within an area of the existing building that was originally constructed in the area of the rear yard and is thus non-complying.

(DAN DIBARTOLO)

2. 2003.1030V: 1615 BAKER STREET, west side between Pine and Bush Streets, Lot 003 in Assessor's Block 1047 in an RH-2 (Residential, House, Low-Density) District and a 40-X Height and Bulk District.

            REAR YARD, NON-COMPLYING STRUCTURE and EXPOSURE VARIANCES SOUGHT: The proposal is to raise the existing two-story structure in order to add a new ground floor containing a new dwelling unit and a new two-car garage. Because the existing two-story structure already encroaches into the rear yard, the proposal requires rear yard and non-complying structure variances. The proposal would not decrease the existing 24-foot rear yard at the subject property.

        Section 134 of the Planning Code requires a rear yard area in an RH-2 District to be equivalent to 45 percent of total lot depth, or when using the average of the two adjacent rear yards, no less than 25 percent of the total lot depth or 15 feet, whichever is greater. Though the existing and proposed rear yard would be 24 feet, the required rear yard of the subject property is approximately 42 feet 6 inches.

        Section 140 of the Planning Code requires all dwelling units to face directly on an open area of either (1) a public street or alley, (2) a rear yard meeting the requirements of the code, or (3) an open area of no less than 25 feet in every horizontal dimension. The project does not increase the existing discrepancy of the rear yard from applicable Code provisions. However, because the existing and proposed structure encroaches into the required rear yard, the new dwelling unit does not meet the requirements of Section 140.

        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.

(DAN DIBARTOLO)

3. 2003.0818V: 2010-2012 PIERCE STREET, southeast corner at Perine Street, Lot 015B in Assessor's Block 0634 in an RH-2 (Residential, House, Low-Density) District and a 40-X Height and Bulk District.

        REAR YARD, NON-COMPLYING STRUCTURE and USABLE OPEN SPACE VARIANCES SOUGHT: The proposal is to construct a new single car garage with rooftop deck entirely within the required rear yard. The property contains an existing four-unit residential building. The existing rear yard is located between the rear-building wall of the existing structure and

        the rear property line and is approximately 13 feet deep. The proposed garage would be built from the existing rear-building wall to the rear property line, thereby encroaching into the rear yard. The garage entrance would be set back approximately 16 feet from the north side property line (Perine Street frontage).

        Section 134 of the Planning Code requires a rear yard area in an RH-2 District to be equivalent to 45 percent of total lot depth, or when using the average of the two adjacent rear yards, no less than 25 percent of the total lot depth or 15 feet, whichever is greater. With averaging, the required rear yard of the subject property is 15 feet.

        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.

        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 proposed garage roof deck is for use by one of the four dwelling units. The remaining rear yard would consist of sloped driveway surface and would not be compliant with requirements of the Planning Code. Therefore, three of the units would not be provided with any usable open space.

(GEOFFREY NELSON)

4. 2003.0950V: 2332 BAKER STREET, southeast corner of Broadway and Baker Street; Lot 012 in Assessor's Block 0963; within an RH-1(D) (Residential, House, Single-Family Detached) District and a 40-X Height and Bulk District.

        REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to legalize an entry portico (open platform with columns and a roof, attached to the house) constructed in the required rear yard of the subject property. The rear wall of the existing single-family dwelling already extends into the required rear yard and is considered noncomplying with respect to the Planning Code.

        Section 134 of the Planning Code states that the minimum rear yard depth in an RH-1(D) District shall be 25% of the total depth of the lot on which the building is situated. Per a Zoning Administrator Letter of Determination dated July 18, 2003, the rear yard is considered to be the open area to the south of the dwelling, opposite its Broadway frontage. The existing dwelling projects into the required rear yard by approximately 7 feet. The proposed 12 foot tall, 12 foot wide, 7 foot deep portico would project a total of approximately 14'-6" into the required rear yard.

        Section 188 of the Planning Code states that no noncomplying structure shall be enlarged or intensified in any way that increases the discrepancy between the current configuration of the structure and the Code requirement.

        The existing single-family dwelling currently encroaches into the required rear yard by approximately 7.5 feet. The entry portico projects an additional 7 feet into the rear yard, effectively expanding the noncomplying residence and occupying new area in the required rear yard

(ELAINE TOPE)

5. 2003.1008V: 2716-2718 PINE STREET, north side between Divisadero and Broderick Streets; Lot 012 in Assessor's Block 1028 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

        REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to replace the existing enclosed porches and stairs on the first and second levels with a new master bedroom suite, deck, and stairs, on each level. Both existing and new structures extend 25 feet into the required rear yard.

        Section 134 of the Planning Code requires a minimum rear yard depth of 45% in an RH-2 District. The lot depth of the subject property is 137.5 feet and requires a 62-foot rear yard. The existing and proposed rear yard, from the stairs to the rear yard property line, are approximately 37 feet.

        Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building encroaches into the required rear yard, it is considered a legal non-complying structure. The proposed project 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.

(TINA TAM)

6. 2003.1000V: 1481 - 9th AVENUE, west side between Judah and Kirkham Streets, Lot 17 in Assessor's Block 1844 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

        PARKING VARIANCE SOUGHT: The proposal is to legalize an existing in-law unit on the ground floor of an existing one-family dwelling without providing the required off-street parking space. The proposal will result in the total of two dwelling units on the property.

        Section 151 of the Planning Code requires one parking space per dwelling unit. There is currently one off-street parking space on the property. The proposal will result in the deficiency of one off-street parking space.

(TINA TAM)

7. 2003.1295V: 112 LAIDLEY STREET, west side between 30TH Street and Harry Steps, Lot 5 in Assessor's Block 6665 in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

        REAR YARD VARIANCE SOUGHT: The proposal is to allow the construction of a one-story accessory structure (gazebo) located entirely in the required rear yard. The structure measures approximately 10 feet in width by 17 feet in depth by 12 feet in height.

        Section 134 of the Planning Code requires a minimum rear yard of 25 percent of total lot depth or 48 feet as measured from the rear property line for a 192-foot deep lot. The proposed structure will be located approximately 28 feet from the rear property line and is 70 square feet more and four feet taller than a garden structure permitted by Section 136.

                      (RICK CRAWFORD)

8. 2003.0974V: 329-331 LIBERTY STREET, on the south side of Liberty Street between Church and Sanchez Streets, Lot 038 in Assessor's Block 3605; in a RH- 1 (Residential, House, One-Family) District, Dolores Heights Special Use District, and within the 40-X Height and Bulk District.

        REAR YARD VARIANCE SOUGHT: The proposal is to fill in an area beneath the existing building to create new living space and construct a rear addition, 12 feet wide by 12 feet deep, with a roof deck, adjacent to the east side of the rearmost portion of the existing building.

        Planning Code Section 241 requires a 51 foot three inch rear yard where a 33 foot seven inch rear yard will be provided. Because of the grade of the property, the roof of the addition will be level with the grade at the rear portion of the property.

        VARIANCE TO EXPAND A NONCOMPLYING STRUCTURE SOUGHT: The existing building on the lot currently encroaches into the required rear yard by approximately 18 feet. The proposed rear addition will increase the encroachment by developing floor area behind and to the side of the existing building that increases the floor area within the required rear yard. The addition will extend no further into the rear yard than the rearmost wall of the existing building.

        Planning Code Section 188 prohibits the expansion of a noncomplying building in a way that increases its degree of nonconformity.

                      (DANIEL SIROIS)

9. 2003.0999V 3630 - 18th STREET, north side of 18th Street, between Guerrero & Dolores, Lot 80, Assessor's Block 3578, located in an RM-2 (Residential, Mixed, Moderate Density) District and in a 40-X Height and Bulk District.

        REAR YARD VARIANCE SOUGHT: The proposal is to construct new habitable space at the second level on top of an existing projection at the rear of the building. The proposal also includes the reconstruction of an egress stair and a new firewall along the east property line at the rear of the property.

        Planning Code Section 134 requires a rear yard depth equal to 45 percent of the lot's depth. This requirement can be reduced to the average depth of the two adjacent properties, or 25 percent of the lot's depth, whichever is greater. 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, and provided that this project does not encroach within the last 25 percent of the lot's depth. The proposed addition, stair, and fire wall at the rear encroaches into the required five-foot side yard on the east side of the property and therefore requires a variance.

                      (MICHAEL SMITH)

10. 2003.1024V: 1689 NOE STREET, east side of the street between Day and 30th Streets; Lot 046 in Assessor's Block 6639 in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

        PARKING VARIANCE: The proposal is to construct a second dwelling unit at the ground floor of the existing building without a requisite off-street parking space. The dwelling would have approximately 850 square feet of habitable area.

        Section 151 of the Planning Code requires a minimum of one off-street parking space for each dwelling unit. The proposed dwelling unit would not have an off-street parking space.

        Section 188 of the Planning Code prohibits the intensification or expansion of a noncomplying structure. Because the existing dwelling unit does not have an off-street parking space, it is considered a legal noncomplying structure. Therefore, the addition of a second dwelling unit without off-street parking as proposed would be contrary to Section 188.

(JIM MILLER)

11. 2003.1092V: 1436 - 1440 VALLEJO STREET, north side between Polk and Larkin Streets, Lots 10 and 2B in Assessor's Block 549, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

        LOT-FRONTAGE, LOT-AREA, REAR-YARD, AND OFF-STREET PARKING VARIANCES SOUGHT: The proposal is for a lot-line adjustment that would re-arrange the two subject lots so that the two residential buildings on Lot 10 will be each on its own lot and that the small, mid-block, land-locked lot (Lot 2B) will become the rear yard of the rear building. In so doing, the front lot (Lot 10) would be reduced in size and a new, larger rear lot would be created. The new front lot would not meet the minimum standards of the Planning Code for lot area or for rear-yard area. The proposed rear lot would not meet minimum Code standards for lot frontage or off-street parking. No new construction is proposed as part of the project.

        Section 121 of the Planning Code requires each newly-created lot to have and maintain frontage on a street or alley from which there shall be vehicular access to such lot and requires mid-block lots to contain a minimum of 2,500 square feet in area. The proposed rear lot would have no street frontage and the proposed front lot would have insufficient lot area (approximately 1,950 square feet).

        Section 134 of the Planning Code requires in an RH-3 District, a rear-yard area equal to the average of the depths of the rear yards of the adjoining buildings, 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 on the front proposed lot would be less than eight feet eight inches in depth.

        Section 150 of the Planning Code requires for one and two-family dwellings, that the off-street parking provided be on the same lot as the use served. The subject building contains two off-street parking spaces. The proposal is for one space to be deeded to the rear building and for the remaining space to serve the front building. Therefore a Variance is being sought to provide parking for the rear one-family dwelling on another lot (the proposed front lot).

(KATE MC GEE)

12. 2003.0939V: 1318 WAYLAND STREET, north side of Wayland Street, between Yale and Amherst Streets; Lot 007 in Assessor's Block 6036, in an RH-1 (House, Single-Family) District and a 40-X Height and Bulk District. The proposal is to infill a portion of the entry area and to add a bay window. The proposal includes an alteration to the buildings front façade.

        FRONT SETBACK VARIANCE SOUGHT: The proposal is to infill a portion of the entry area (65 square feet) of the existing three story, single-family dwelling, creating a new entry at the ground level. The proposal also includes the addition of a new bay window (24 square feet) and to create a new stair from the ground floor entry to the main living level. The proposal also includes adding a new roof at the infill portion and opening up a portion of the attic to create a cathedral ceiling.

        Planning Code Section 132 requires the subject building to be set back to the average of the two adjacent front setbacks. The only adjacent building is setback 12 feet from the front property line. Ttherefore, the required front setback is 12 feet.

(JON PURVIS)

13. 2003.0997V: 185 BERRY STREET, south side, bounded by Berry, 3rd and 4th Streets and China Basin Channel; Lot 005 in Assessor's Block 3803 (aka "China Basin Landing"); in an M-2 (Heavy Industrial) Use District and a 90-X Height and Bulk District.

        PARKING VARIANCE SOUGHT: The proposal is to reduce the off-street parking required under Variance Case No. 1997.321V on October 29, 1997, from 533 off-site parking spaces and 69 on-site spaces, to 240 on-site spaces.

        Section 151 of the Planning Code requires that one off-street parking space be provided for every 500 square feet of floor area occupied by office uses, subject to reduction based on pre-existing parking deficiencies, or 272 spaces for the pre-existing Wharfside Building and 613 spaces for the 1991 Berry Street Building, or 885 spaces total.

        This original parking requirement was modified under two previous variances, including Case No. 1989.448V in 1989, which allowed the 613 spaces for the Berry Street Building to be provided off-site within an 800-foot radius; and Case No. 1997.321V in 1997 which allowed the total 885-space requirement to be reduced to 600 spaces, 533 of which would be provided within 1,500 foot radius, and another 69 provided on-site.

        (JON PURVIS)

14. 2003.0925V: 878-884 KANSAS STREET, west side, south of 20th Street; Lot 16 in Assessor's Block 4093; in an RH-2 (Residential, House, Two-Family) Use District and a 40-X Height and Bulk District.

        REAR YARD VARIANCE SOUGHT: The proposal is to rebuild the rearmost 8 feet of the subject non-complying residential building, including the rear stairs and landings. The upper level rear rooms would be rebuilt as exterior decks with solid firewalls on each side and open railings at the rear.

        Section 134(a)(2) of the Planning Code requires that buildings in the RH-2 District provide a rear yard of 45 percent of the lot depth, subject to reduction based on conditions on the adjacent lots, or 40 feet for the subject property. The existing building is noncomplying in that it projects 15 feet into this rear yard.

        Section 188(a) of the Planning Code allows non-complying structures to be enlarged, altered or relocated, provided that with respect to such structure there is no increase in any discrepancy, or any new discrepancy, at any level of the structure, between existing conditions on the lot and the required standards for new construction. The rebuilt decks and stairs would include firewalls on the side property lines and would project three feet farther into the rear yard than the existing structure.

        (BEN FU)

15. 2003.0973V: 3641 MISSION STREET, west side, between Appleton Avenue and Highland Avenue; Lot 022 in Assessor's Block 5713, in an RH-2 (Residential, Two-Family House) District and Bernal Heights Special Use District with a 40-X Height and Bulk Designation.

        REAR YARD AND OFF-STREET PARKING VARIANCES SOUGHT: The proposal is to establish an additional dwelling unit on the proposed new second floor without providing the required additional parking spaces. The project also proposes the extension at the front building by a depth of 11'-0" on both levels.

        Planning Code Section 242 requires a minimum rear yard depth of 45 percent of the total depth of the lot minus any front setback depth over 5'-0". Because the existing building has a 17'-6" front setback, a depth of 12'-6" may be credited toward the rear yard requirement. The proposed extension in the front setback area reduces the credit to 1'-6", thus rendering the existing structure non-complying for the rear yard requirement.

        Planning Code Section 188 prohibits the intensification or increase in any discrepancy at any level of a non-complying structure. The project includes the addition of a second story for the entire depth of the existing building, an extension of the first story, and a rear stair that extends more than six feet into the required open area.

        Planning Code Section 242 also restricts the number of off-street parking spaces to three for alterations that add 200 square feet or more of usable floor area with usable floor area between 2,251 to 2,850 square feet. The project proposes a total usable floor area of approximately 2,600 square feet. Therefore, a total of three spaces are required. Only two spaces are proposed with the project.

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 10:00:42 PM