June 23, 2004
CITY AND COUNTY OF
Notice of Hearing on Application
For Zoning Variance
CITY HALL - Room 408
1 Dr. Carlton B. Goodlett Place
Wednesday, June 23, 2004
Session Begins at
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.
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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, June 23, 2004, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:
1. 2003.0959V: 2301 LOMBARD STREET, southwest corner at Pierce Street; Lot 31 in Assessor’s Block 512 in an NC-3 (Neighborhood Commercial, Moderate-Scale) Zoning District and a 40-X Height and Bulk District.
ZONING ADMINISTRATOR CONVERSION DETERMINATION FOR GASOLINE SERVICE STATION: The proposal is to convert the existing closed gas station (formerly a Chevron service station) to a non-service station use. There is no new use proposed for the site at this time. Future uses must conform to those permitted in the Zoning District and conform to the regulations of the Planning Code.
Section 228.4 of the Planning Code established criteria for the Zoning Administrator Conversion Determination for gasoline service stations. The Zoning Administrator shall approve the application and authorize the gasoline service station conversion if the Zoning Adminstrator determines from the facts presented that the owner of the subject property is not earning a fair return on investment. There shall be a rebuttable presumption that the property owner is earning a fair return on investment if the property owner has earned at least a 9 percent return on the property owner’s total investment in the property for the 24-month period immediately preceeding the filing of the application.
2. 2004.0131V: 3865 CLAY STREET, south side between Cherry and Maple Streets, Lot 052 in Assessor’s Block 1013 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 for a three-story horizontal expansion at the rear of the existing four-story, single-family residence and to fill in portions of the rear yard a maximum of five feet to create a more level rear yard. The subject lot is irregularly shaped, as the lot is 30 feet wide for a depth 103 feet as measured from the front lot line. Since the eastern side lot line jogs 5 feet to the west at a depth of 103 feet, the remainder lot measures 25 feet wide for a depth of 53 feet. A 5-foot wide area of the ground floor currently occupies 11 feet of the required rear yard for the portion of the lot that is approximately 103 feet deep. The proposed horizontal expansion of the ground floor, 5 feet wide by 15 feet deep, would occupy the remainder of the required rear yard at 103-foot deep portion of the lot.
Section 134 of the Planning Code requires an approximately 26-foot deep rear yard for the 103-foot deep portion of the lot. No rear yard is proposed at the 103-foot deep portion at the level of the ground floor. Additionally, no construction over three feet tall in height is allowed within the required rear yard, except for permitted obstructions under Section 136. The infill of the rear yard to create a more level yard does not qualify as a permitted obstruction.
Section 188 of the Planning Code prohibits the intensification of any noncomplying structure. A portion of the existing ground floor is located within the required rear yard and is thus non-complying.
3. 2004.0132V: 2501 VALLEJO STREET, southwest corner of Pierce and Vallejo Streets; Lot 001 in Assessor’s Block 0561; within an RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a raised platform/deck and stairs in the required rear yard of the property. The raised platform would occupy the entire depth of the rear yard for that portion of the rear yard away from the street, and would result in that portion of the rear yard being raised by between approximately 8 and 11 feet from existing grade. The overall dimensions of the raised platform and associated steps are approximately 28 feet by 16 feet. Also proposed in this application is a new dormer at the roof level on the west side of the subject property.
Section 134 of the Planning Code states that the minimum rear yard depth in an RH-1 District shall be 25% of the total depth of the lot on which the building is situated or 15 feet, whichever is greater. On the subject lot, this results in a required rear yard of approximately 13 feet. The proposed raised platform/deck would project fully to the rear lot line into the required rear yard at a height of between 8 and 11 feet above grade level. The platform/deck would occupy approximately ½ of the lot width (23 feet of a 45 foot wide lot).
4. 2004.0324V: 593 42nd AVENUE, west side between Anza Street and Geary Boulevard; Lot 012 in Assessor’s Block 1502; within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
REAR YARD, FRONT SETBACK, AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to expand the single-family dwelling into the required rear yard and side yard at both levels of the two-story structure, and to legalize portions of the structure constructed illegally into the required front setback.
Section 134 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, but in no case less than 15 feet. On the extremely short (27’) subject lot, the resulting required rear yard is the minimum 15 feet. The existing dwelling sits fully in the required rear yard, with the exception of an approximately 1 foot wide section of unbuilt lot along the south lot line. The proposed addition would expand the structure to full lot coverage, fully to the south and east (front) lot lines.
Section 132 of the Planning Code states that buildings in RH districts shall be set back from the street the average of the two adjacent buildings, or, where one of the adjacent buildings’ fronts on another street (such as in this case), that building shall be disregarded, and the required setback for the subject lot shall be equal to the front setback of the adjacent building on its opposite side. On the subject lot, this results in a required front setback of approximately 4 feet. Proposal is to expand the property to the south at both floor levels, encroaching 2 feet into the required front setback. The proposal is also to legalize an expanded bay window constructed without proper permits, which extends approximately three feet into the required front setback.
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 for the full depth of the required 15 feet, and into the front setback by approximately three feet. The proposed alterations would expand the noncomplying structure both into the rear yard and the front setback.
5. 2004.0133V: 838 CLAYTON STREET, east side between Frederick Street and Parnassus Avenue; Lot 076 in Assessor’s Block 1269 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 construct a 4 foot wide by 11 foot deep addition on an existing second story roof area located adjacent to the south property line at the rear of the two-story-over-garage single-family house.
Section 134 of the Planning Code requires a rear yard in an RH-2 District to be equivalent to 45 percent of the total lot depth, or when using the average of the two adjacent rear yards, not less than 25 percent of the total lot depth or 15 feet, whichever is greater. The required rear yard for the subject property is 45 feet. The existing rear yard is approximately 41 feet. The addition would extend approximately 4 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 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.
6. 2004.0143V: 132 CLARENDON AVENUE, north side between Stanyan Street and Johnstone Drive; Lot 027 in Assessor’s Block 2687 in an RH-1(D) (Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District.
OBSTRUCTIONS IN REQUIRED FRONT SETBACK VARIANCE SOUGHT: The proposal is to erect two fences, each being13-foot long and 6-foot 8-inch tall and an entry gate with a canopy above, 8-foot 6-inch tall. One fence and the entry gate would be along the west edge of the driveway and the other fence would be along the east edge of the driveway, at the front of the existing single-family dwelling.
Section136(17) of the Planning Code permits fences no more than three feet in height within the required front setback. Pursuant to Section 132(a) of the Planning Code, the required front setback for the subject lot is 13 feet measured from the front property line. The proposed fence along east edge of the driveway that is more than 3 feet in height would extend approximately 11 feet into the required front setback to within 2 feet of the front property line. The proposed fence along the west edge of the driveway that is more than 3 feet in height would extend approximately 4 feet into the required front setback to within 9 feet of the front property line. The proposed entry gate that is more than 3 feet in height would be entirely within the required front setback.
7. 2004.0145V 366 LIBERTY STREET, north side, between Sanchez and Church Streets; Lot 49 in Assessor’s Block 3605 in an RH-1 (Residential, House, One-Family) and the Dolores Height Special Use District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a horizontal extension, up to four-foot in depth, two stories in height, at the rear of an existing single-family dwelling. The proposal also includes repair of the existing rear deck, measured 11 feet above grade.
Section 241 of the Planning Code requires a minimum rear yard of approximately 51 feet (45 percent of total lot depth). The eastern portion of the proposed extension would extend to approximately 44 feet, while the western portion will extend to 49 feet of the rear property line, encroaching between two to seven feet into the required rear yard.
Section 188 of the Planning Code does not permit the expansion of a noncomplying structure. The subject building is considered a legal noncomplying structure because a portion of the existing building already encroaches into the required rear yard. Therefore, the proposed reconstruction and expansion of the subject noncomplying structure would be contrary to Section 188 and would require a Variance.
8. 2004.0244V: 55 CROSS STREET, south side between Pope and Allison Streets, Lot 044 in Assessor’s Block 6466; in a RH-1 (Residential House One Family) District, and within the 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct an elevated deck in the rear yard above an enclosed storage space. Construction of the addition was begun without a Building Permit.
Planning Code Section 134 requires a 15 foot rear yard a zero foot rear yard is proposed.
9. 2004.0016V: 1460 MONTGOMERY STREET, and 285 – 287 GREENWICH STREET, east side of Montgomery Street between Filbert and Greenwich Streets and south side of Greenwich Street between Montgomery and Sansome Streets, Lot 26A in Assessor’s Block 85, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.
LOT-SIZE, LOT-FRONTAGE, LOT WIDTH AND REAR-YARD VARIANCES SOUGHT: The proposal is to split an “L”-shaped lot which wraps around the lot at the corner of Greenwich and Montgomery Streets (thereby giving it frontage on both of those streets) into two lots, each with one of the two residential buildings existing thereon, each with substandard rear-yard area and lot width, one that would not comply with the lot-size standards, and one that would not comply with the lot frontage standards of the Planning Code (“Code”). The proposed lot associated with the two-unit building at 285 – 287 Greenwich Street would front entirely on the Greenwich Street steps and, therefore, would not have Code-required vehicular access to it. It would contain 1,767 square feet in area and would narrow at its rear in such a manner as not to contain the applicable minimum 1,750 square feet in area within the portion of the lot to be at least 25 feet in width. A portion of the rear-yard area of this lot would be less than the minimum 15 feet in depth. The proposed new lot associated with the three-unit building at 1460 Montgomery Street would contain 1,559 square feet in area; insufficient to meet the minimum lot-size standard of the Code. It, too, would narrow at its rear such that a portion of its width would be less than 25 feet. A portion of its rear-yard area would be less than the Code-minimum 15 feet in depth. The purpose of the requested Variances is to separate the title to the two separate buildings. No new construction is proposed as part of the project.
Section 121, et seq., of the Planning Code sets forth minimum lot frontage, width and area standards. It 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. It also requires lots which have their frontages entirely within 125 feet of a corner, such as both of those proposed, to contain a minimum of 1,750 square feet in area. In addition, each newly-created lot must have a minimum width of 25 feet which width must be maintained for sufficient depth to encompass the minimum new-lot square footage within the portion that has such a width. The proposed lot with Montgomery Street frontage would have vehicular access at its front. As described above, neither of the proposed new lots would comply with the standards contained in Code Section 121, et seq.
Section 134, et seq., of the Planning Code set forth standards for rear-yard areas. It requires, in an RH-3 District, a rear yard, open and clear from the ground up, 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 proposed lot line separating the subject lot into two would be a diagonal. The resulting rear-yard areas of both lots would be, in part, less than 15 feet deep, and therefore, substandard.
10. 2004.0321CEKV!: 550 GREEN STREET, north side between Jasper and Stockton Streets, Lot 18 in Assessor’s Block 116 in the North Beach Neighborhood Commercial District (“NCD”) and a 40-X Height and Bulk District.
USABLE OPEN SPACE VARIANCE SOUGHT: The proposal is to convert the upper two floors of the subject building to a group-housing structure. The building covers 100 percent of the lot and there is no possibility of developing the Code-required usable open space thereon.
Section 135 of the Planning Code establishes usable open space requirements. For group housing structures and SRO units, the minimum amount of usable open space provided by use for each bedroom is one-third the amount required for a dwelling unit in the zoning district containing the subject property. In the North Beach NCD, 60 square feet of usable open space must be provided for each dwelling unit if that space is all private. Space provided in common must be 1.33 times the “all-private” amount. In the subject case, 22 group-housing rooms are proposed. Therefore, 582.2 feet of outdoor usable open space would be required (440 X 1.33). No such space is being proposed. Therefore, this project would not comply with the usable open space standards of the Planning Code.
11. 2003.1152V: 329 BAY STREET, south side between Powell and Mason Streets through to Vandewater Street; 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 as described below proposes to fill the required rear yard and to provide open space in a 4-story courtyard (approx. 30’ x 21’) on the east side, in a 3-story courtyard (approx. 30’ x 20.75’) on the west side, and 1,400 square feet on the roof. The proposed open space would equal 2,815 square feet.
The project site contains an existing one-story building with 8,550 square feet of retail use; 2,500 square feet are currently being used. 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 21 units located 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.
Section 134(a)(1) requires that a building which contains dwellings in the C-2 District have a minimum rear yard depth equal to the larger of 25 percent of the lot depth or 15 feet which ever is greater. The subject lot is 120 feet deep and the required rear yard would be 30 feet, equaling 2,030 square feet.
12. 2004.0371V: 393 GROVE STREET (aka 292 IVY STREET), southeast corner at Gough Street; Lot 014 in Assessor’s Block 0809 in the Hayes-Gough Neighborhood Commercial District and a 50-X Height and Bulk District.
OFF-STREET PARKING VARIANCE SOUGHT: The project is a change of use on the second floor. A former art gallery is being converted to an office use.
Section 151 of the Planning Code requires 14 off-street parking spaces for the proposed office use. There is one existing parking space in the building that can be allocated to the proposed office use, which leaves a deficit of 13 spaces.
13. 2004.0139V: 405 CHAPMAN STREET, Lot 45 in Assessor’s Block 5627, south side between Folsom Street and Banks Street, in an RH-1 (House, Single-family) District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.
REAR YARD VARIANCE SOUGHT. The proposal is to construct a rear deck at the third floor level. The deck would measure 8.5 feet deep by 8.5 feet wide, and would be setback from the eastern side property-line by five feet. The deck would be approximately 20-feet above grade.
Planning Code Section 242(e)(2)(B) requires a 17.5-foot deep rear yard measured from the rear property-line. The proposed deck would be built within eleven-feet of the rear property line. Planning Code Section 242(e)(2)(C)(iv) does not allow decks within the required rear yard in the Bernal Heights Special Use District that are otherwise permitted under Planning Code Section 136(c)(25).
14. 2004.0100V: 79 MONTEZUMA STREET, north side, between Coso Avenue and Shotwell Street; Lot 006 in Assessor's Block 5519, in a RH-1 (Residential, One-Family House) District and Bernal Heights Special Use District with a 40-X Height and Bulk Designation.
REAR YARD, OFF-STREET PARKING, AND MASS REDUCTION VARIANCES SOUGHT: The proposal is to construct a rear addition on the first and second floors on an existing two-story dwelling and to legalize an existing one-story rear extension constructed without a permit. The total current proposed addition is approximately 400 square feet.
Planning Code Section 242 requires that all lots of 70 feet or less in depth in RH-1 districts must have a minimum rear yard depth equal to 35 percent of the total depth of the lot. The required rear yard for the subject lot is 24’-6”. An existing 6’-6” rear building enclosure was constructed without permit and intrudes approximately 9” into the required rear yard.
Planning Code Section 242(e)(4) set forth the parking standards for new constructions and alterations. Three off-street parking spaces are required for construction with usable floor area between 2,251 to 2,850 square feet. The total usable floor area proposed with the addition would be approximately 2,650 square feet. No spaces are proposed.
Planning Code Section 242(e)(3) requires a total of 650 square feet of usable floor area to be deleted from the building, causing a reduction in square footage as well as building volume. The proposed building provides a mass reduction of approximately 260 square feet.
15. 2003.1188V: 601-603 MISSISSIPPI STREET, east side between 20th and 22nd Streets; Lot 037 in Assessor's Block 4103, in an RH-2 (Residential, House, Two-Family) Zoning and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to remove the existing two-story enclosed porches and rear deck and stairs and to construct new enclosed space to accommodate new bedrooms at the ground floor, a solarium and utility room at the second level with a small deck and stairs, and a roof deck at the new attic level.
Planning Code Section 134(c) requires a minimum required rear yard to be 45% of the lot depth or the average depth of the two adjacent lots, but in no case shall be less than 25% of the lot depth or 15 feet, whichever is greater. A 12-foot extension is permitted in addition to the basic buildable depth. For the subject property, the basic rear yard requirement is 42 feet. The existing building is non-complying in that the rear yard is approximately 26 feet in depth. The proposed new structure with new decks would extend the same distance from the rear building wall as the non-complying building does currently, leaving the same rear yard of 26 feet. However, the new rear stairs leading to the yard would be reconfigured to run parallel to the rear building wall rather than running straight out into the rear yard. The maximum height would be approximately 20 feet.
Planning Code Section 188(c) prohibits a non-complying structure that is voluntarily demolished from being reconstructed. The proposed demolition and new construction would be contrary to this Section.
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))