April 28, 2004PLANNING DEPARTMENT
CITY AND COUNTY OF
Notice of Hearing on Application
For Zoning Variance
CITY HALL - Room 408
1 Dr. Carlton B. Goodlett Place
Wednesday, April 28, 2004
Session Begins at 9:30 A.M.
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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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, April 28, 2004, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:
1. 2003.1313V: 3891 - 3893 CLAY STREET, south side between Cherry and Maple Streets; Lot 020 in Assessor's Block 1013, in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
REAR YARD SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to replace the rear three-story exterior staircase on the east side of the building with a new four-story spiral staircase with a property line one-hour fire rated wall extending to the fourth floor.
Section 134 of the Planning Code requires that the rear yard in an RH-1 District be equal to 25 percent of the lot depth, but in no case less than 15 feet. In this instance, the required rear yard would be approximately 26 feet. The existing rear yard measures (from the rear lot line) approximately 24 feet to the rear façade of the building, and approximately 10 feet to the existing staircase. The proposed spiral staircase and one-hour fire wall would be approximately 6 feet from the rear lot line.
Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building 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.
2. 2004.0102V: 44 CONRAD STREET, west side between Diamond and Arbor Streets; Lot 005 in Assessor's Block 7552 in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
FRONT SETBACK VARIANCE: The proposal is to construct a second floor deck at the front of the recently approved addition. The deck would measure 5-feet in depth, 15-feet in width, and 12-feet in height above the surface below. Because the deck would encroach into the required front setback its size is regulated by Section 136 of the Code which restricts the deck to 3-feet in depth and 9-feet in width with a minimum of 7½ -feet of clearance beneath. The deck does not comply with these requirements and is the only portion of the project that is subject to the front setback variance.
Section 132 of the Planning Code requires a minimum front setback of approximately 9'-9" for the subject property, measured from the front property line. The proposed deck would extend to within approximately 5-feet of the front property line encroaching 4'-6" into the required front setback.
3. 2003.1244V: 50 ROCKWOOD COURT, north side, Lot 025 in Assessor's Block 2936A, located in an RH-1(D) (Residential, House, One-Family Detached) District and in a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a one-story horizontal addition to the rear of the existing single-family dwelling.
Planning Code Section 134 requires a rear yard equal to 25 percent of the lot depth. The subject lot has an average depth of 83.5 feet and therefore requires a rear yard depth of 21 feet. The proposed addition, which is not parallel to the rear property line, encroaches into the rear yard by a minimum of 5.5 feet and a maximum of 7 feet. In order to construct the proposed addition, a rear yard variance must be justified pursuant to the criteria set forth in Planning Code Section 305.
4. 2004.0056V: 716 SANCHEZ STREET, west side, between 20th & Liberty Streets, Lot 004 in Assessor's Block 3604, located in an RH-1 (Residential, House, One-Family) District, in a 40-X Height and Bulk District and in the Dolores Heights Special Use District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a staircase that would provide access from a new roof deck, one-story down to the rear yard. The proposed stairs are a building code requirement triggered by a proposed roof deck on the rear portion of the existing house.
Planning Code Section 241 (a) requires a minimum rear yard depth equal to 45 percent of the lot's depth, or 25 feet which ever is greater. The subject property's required rear yard depth is 36 feet. The existing building currently encroaches 10.5 feet into the required rear yard. The proposed staircase would project an additional 12 feet into the rear yard. In order to construct the proposed stairs, a rear yard variance must be justified pursuant to the criteria set forth in Planning Code Section 305.
5. 2003.1212V: 860 ELIZABETH STREET, north side between Douglass and Hoffman Streets; Lot 019 in Assessor's Block 2806 in an RH-2 (Residential, House, Two-Family) District.
FRONT SETBACK VARIANCE SOUGHT: The proposal is for the removal of the existing landscaping and for the construction of a driveway, parking pad with screening to allow a motor vehicle to park in the required front setback area.
Section 132 of the Planning Code requires an open and unobstructed front setback of approximately 15 feet. The requested parking space encroaches entirely into the front setback area.
Section 132(f) does not allow for motor vehicles to be parked or stored within the required front setback.
6. 2004.0123V: 125 PINEHURST WAY, west side between Kenwood Way and Upland Drive; Lot 009 in Assessor's Block 3271 in an RH-1 (D) (Residential House, One-Family, Detached) District and a 40-X Height and Bulk District.
REAR VARIANCE SOUGHT: The proposal is to construct a new third-story for the existing two-story, single-family dwelling.
Section 134 of the Planning Code requires a rear yard of 17.9 feet for the subject lot, measured from the rear property line. The proposed third-story will encroach approximately three feet into the required rear yard.
Section 188 of the Planning Code does not permit the expansion of a noncomplying structure. The existing dwelling, which already encroaches three feet into the required rear yard, is considered a legal, noncomplying structure. Therefore, the proposal to construct a new third-story would be contrary to Section 188.
7. 2004.0057V: 643 MADRID STREET, east side between France and Russia Avenues, Assessor's Block 6276 Lot 035; in a RH-1 (Residential House One Family) District, and within the 40-X Height and Bulk District.
Front Setback Variance Sought: The proposal is to construct a third story addition to the existing two story building.
Planning Code Section 132 requires the proposed third story to be setback 10 feet 5 inches from the front property line. The proposed third story will only be setback 2 feet 5 inches from the front property line.
8. 2003.1152V: 329 BAY STREET, south side between Powell and Mason Streets; Lot 036 in Assessor's Block 041 in a C-2 (Community Business) District and in the Northern Waterfront Special Use District No. 2 and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The project site contains an existing
one-story building with 8,550 square feet of retail use. The project
would demolish the existing building and construct a new four-story
building approximately 40' high containing 21 dwelling units and 3,100
square feet of retail space. Twenty-one parking spaces would be located
below grade. The ground floor would include the entrance to 20 units
on floors 2 thru 4, one walk-up unit, the entrance to the basement-parking
garage and commercial space fronting Bay Street. Vehicular access
to the project would be from Vandewater Street.
Planning Code Section 134(a)(1) requires that a building which
contains dwellings in the C-2 District have a minimum rear yard depth
equal to 25 percent of the lot depth but not less than 15 feet. The
required rear yard is 30 feet at the first residential level of the
Proposed Project. The project site is a through lot running from Bay
Street to Vandewater Street
9. 2004.0304V: 380-386 ELLIS STREET, north side between Jones and Taylor Streets; Lot 011 in Assessor's Block 0324 in an RC-4 (Residential-Commercial Combined, High-Density) District, the North of Market Residential Special Use District Subarea No. 2, and an 80-130-T Height and Bulk District.
OFF-STREET PARKING VARIANCE SOUGHT: The
project is the modification of a previously approved proposal (Case
No. 2001.0283EKCV) for the demolition of an existing one-story commercial
building and the construction of an 80-foot-high, eight-story building
containing religious, educational, and group housing uses.
Section 151 of the Planning Code requires
a total of 19 off-street parking spaces (18 spaces for the group housing
units and one space for the educational institution). The original
project provided a total of eight off-street parking spaces, and the
modified project is proposing to provide zero spaces.
10. 2003.1239V: 12 PROSPECT AVENUE, west side between Coso and Esmeralda Avenues; Lot 007 in Assessor's Block 5610, in an RH-2 (House, Two-Family) District, Bernal Heights Special Use District, and 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposed
project involves the construction of enclosed stairs at the rear of
the property and the expansion of the existing deck to form the roof
of a parking structure over an existing parking pad to the rear property
line. The subject property sits on a through lot with auto access
at the rear from Lundy's Lane.
Planning Code Section 242(e)(2)(B), states
the rear yard requirement in an RH-2 zoning district shall be
equal to 45 percent of the total lot depth. Section 242(e)(2)(c)(ii)
of the Planning Code allows any part of a front setback exceeding
five feet to be subtracted from the required rear yard. Applying 5
feet, 8 inches from the front setback, the required rear yard for
the subject property is 25 feet, 10 inches. The proposed new deck
over the carport will encroach into the rear yard to the rear property
Planning Code Section 134 prohibits parking
in the required rear yard; this variance would also allow two off-street
parking spaces to be located within the rear yard.
11. 2004.0023V: 1785- 1787 ALABAMA STREET, northeast corner of Alabama and Ripley Streets, Lot 14 in Assessor's Block 5541 in an RH-2 (House, Two-family) District, in the Bernal Heights Special Use District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal
is to demolish an existing legally non-complying garage that is located
within the required rear yard and accessed from Ripley Street, and
construct a new garage that would be within the exact same building
envelope. The new garage would be 25-feet deep measured from Ripley
Street, and 17.5 feet wide and about 10-feet tall. The new garage
would feature two garage doors instead of one and would provide two
parking spaces instead of one. The curb cut would be slightly reconfigured
Planning Code Section 242(e)(2)(B) requires
a 36-feet deep rear yard measured from the rear property-line (the
property-line perpendicular to Ripley Street). The proposed garage
would be within the last 17.5-feet of the required rear yard.
Planning Code Section 188(b), does not
allow a legal non-complying building to be replaced if voluntarily
demolished except within full conformity of the Planning Code.
12. 2003.1245V: 968 YORK STREET, west side between 21st Street and 22nd Streets, Lot 11 in Assessor's Block 4144, in an RH-2 (House, Two-family) District, and a 40-X Height and Bulk District.
REAR YARD AND PARKING VARIANCE SOUGHT:
The project is to legalize the existing ground floor dwelling, to
demolish the existing porch structure at the rear, and to build a
new rear addition that would generally fit within the same building
envelope of the existing porch structure with the gabled roof extended
to the rear of the building. The project entails providing an additional
tandem parking space in-lieu of the required independently accessible
parking space. The new rear addition would be about 7.5-feet deep,
25-feet wide, and would extend the roof gable to the rear of the building
above the proposed addition (about 24-feet tall measured to the pitched
Planning Code Section 151 requires one
independently accessible parking space for each dwelling unit. The
proposal is to expand the garage to allow two non-independently accessible
Planning Code Section 134(c)(1) requires
a 34-foot rear yard measured from the rear property-line. The proposal
is to build a rear addition that would extend approximately two-feet
into the required rear yard.
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))