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March 22, 2006

    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, MARCH 22, 2006

 

              Session Begins at 9:30 A.M.

     

 

                                            Public Hearing

 

                Lawrence Badiner, 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.

 

 


 

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 asdescribed below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, March 22, 2006, City Hall,  1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

 

 

9:30 A.M.

 

A.      CONSENT CALENDAR

 

All items listed hereunder constitute a Consent Calendar and are considered to be routine by the Zoning Administrator.  There will be no separate discussion of these items unless a member of the public so requests, in which case the matter shall be removed from the Consent Calendar and considered as a separate item at this time or at a future hearing.

 

  (GLENN CABREROS)

 

1.         2004.0275V:    450 FREDERICK STREET, north side between Stanyan and Shrader Streets, Lot 012 in Assessor’s Block 1262 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 demolish the existing single-family residence to allow for new construction of a two-unit, four-story building.

 

Section 134 of the Planning Code requires an approximately 31-foot deep rear yard at the subject property. The required rear yard of the subject property is reduced to a 31-foot depth based upon the depth of the adjacent building’s rear wall.  The rear portion of the new building and associated decks and stairs are proposed to extend approximately 10 feet into the required rear yard area.

 

Also per Section 134 of the Planning Code when the rear yard area is reduced through averaging, the last 10 feet of the building depth shall be limited to a height of 30 feet.  Approximately the last 7 feet of the attic (fourth floor) level is above a height of 30 feet.

 


 

 

(ISOLDE WILSON)

 

2.         2005.0957V:    2949 SACRAMENTO STREET, south side between Divisadero and Broderick Streets; Lot 029 in Assessor's Block 1025, 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 add a two car garage and a second dwelling unit at the ground floor, build a two-story addition projecting 12’-0” from the rear of the building, and to expand the top floor 21’-6” towards the front of the building.

 

Section 134(a)(2) of the Planning Code requires that the minimum rear yard depth in an RH-2 District shall be equal to 45 percent of the total lot depth. Section 134(b) of the Planning Code allows certain obstructions as specified in Section 136 of the Planning Code within a required rear yard. Section 136(c)(25)(B)(ii) of the Planning Code allows a structure limited in height not exceeding the floor level of the second floor of occupancy, excluding the ground story, at the rear of the building, in which case the structure shall be no closer than five feet to any interior side lot line. The proposed two-story addition at the rear will have only a 3’-0” side setback.

 

                                                                                                                       

                                                                                                                        (RICK CRAWFORD)

 

3.         2005.0968V:    135 MOUNTAIN SPRING AVENUE, south side between Twin Peaks Blvd and the end of Mountain Spring Avenue, Assessor’s Block 2708 Lot 013; in a RH-1 (Residential House, One Family, Detached) District, and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a one-story addition to the east side of the rearmost portion of the existing building. The addition will extend this portion of the building 2 feet 3 inches east into the existing courtyard for the full 16 feet 4 inch depth of this portion of the building.  The existing rear yard building is considered a noncomplying structure, as it is located within the required rear yard.

                                                                                

Planning Code Section 134 requires a rear yard of 25 feet where a 12 foot rear yard exists or is proposed. 

 

Planning Code Section 188 prohibits an expansion of a structure that increases the degree of noncompliance.

 


 

                                    (MICHAEL SMITH)

 

4.         2006.0273V:    1635 PLYMOUTH AVENUE, west side between Yerba Buena Avenue and Monterey Boulevard; Lot 006 in Assessor’s Block 3080 in a RH‑1(D) (Residential, House, One‑Family (Detached) District and a 40‑X Height and Bulk District.

 

SIDE YARD VARIANCE:  The proposal is to construct a horizontal addition to the north side of the building.  The addition would measure approximately 12’-6” in depth and 7’-3” in width and add over 90 square-feet of habitable area.

                                      

Section 133 of the Planning Code requires a minimum side yard depth of approximately five-feet measured inward from the side property line.  The proposed addition would extend to within approximately 3’-8” of the side property line encroaching 1’-4”  into the required side yard. 

 

Section 188 of the Planning Code prohibits the enlargement of a non complying structure.  Because portions of the existing north side of the building already encroach 1”-4” into the required side yard, the building is considered a legal non complying structure.  Therefore, the enlargement of the non complying portion as proposed would be contrary to Section 188.   

 

(DAN DIBARTOLO)

 

5.         2005.1015V:    240 HYDE STREET, east side between Eddy and Turk Streets; Lot 014 in Assessor's Block 0337 in an RC-4 (Residential-Commercial Combined, High-Density) District and located within the North of Market Special Use District No. 2 and an 80-T Height and Bulk District.

 

                                   REAR YARD, USABLE OPEN SPACE AND OFF-STREET PARKING VARIANCES SOUGHT: The project legalizes the conversion of a tourist hotel with 77 rooms to 77 residential hotel rooms, considered as group housing, within the seven-story structure in the RC-4 (Residential-Commercial Combined, High-Density) District and located within the North of Market Special Use District No. 2 and an 80-T Height and Bulk District.

 

                                   Section 134 (a) 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 property has a rear yard requirement of approximately 22 feet. The existing building depth extends to the rear property line, covering most of the required rear yard. Thus, conversion of the tourist hotel to residential hotel use requires a variance from applicable rear yard code provisions.

 

                                   Section 135 of the Planning Code requires 12 square feet of private usable open space or 16 square feet of commonly-used open space per group housing unit within the RC-4 District. Specifically, the project provides no usable open space where either 924 square feet of private usable open space or 1,229 square feet of commonly used open space are required.

 

 

                                   Section 150 of the Planning Code requires that group housing of any kind provide one off-street parking space for every three bedrooms, plus one for the manager’s unit, if any, with a minimum of two spaces required. Thus, the project requires 26 off-street parking spaces, where none would be provided.

 

 

(KELLEY AMDUR)

 

6.         2006.0013V:    684 ELLIS STREET, northeast corner of Ellis at Larkin Street; Lot 020 in Assessor’s Block 0321 in an RC-4 (Residential-Commercial Combined, High Density) District, The North of Market Residential Special Use District #1 (NOMRSUD#1) and an 80-T Height and Bulk District.

 

REAR YARD, USABLE OPEN SPACE AND DWELLING UNIT EXPOSURE VARIANCES SOUGHT: The proposal is to convert an existing 7-story over basement building from a mix of tourist and residential hotel rooms to 84 dwelling units.  Approximately 3,000 sq.ft. of ground floor retail would remain. 

Section 134 of the Planning Code requires a rear yard of 25% of the lot depth for the subject property.  The existing building covers the entire site, therefore, no rear yard would be provided.

 

Section 135 of the Planning Code requires 36 square feet of private usable open space or 48 square feet of common usable open space per dwelling unit in the RC-4 Zoning District.  The existing building covers the entire site, therefore, none of the proposed dwelling units will have access to any usable open space.     

 

Section 140 of the Planning Code requires at least one room in each dwelling unit to face directly on a public street, alley, side yard or Code-complying rear yard, or an open area approximately 25 feet wide and 25 feet deep.  Twenty-four of the 84 proposed dwelling units would have windows facing only an interior lightwell measuring approximately 5 feet wide and 12.5 feet  long, and six of the proposed dwelling units would have windows facing only an interior lightwell measuring approximately 3.5 feet wide and 5 feet  long.

 

Section 151 of the Planning Code requires 21 off-street parking spaces for the proposed 84 dwelling units.  Section 150(c)(1) allows the existing deficiency of 20 spaces (for the existing 59 residential hotel rooms) to be applied to the new use of dwelling units.  The project therefore requires a variance for not providing one off-street parking space.

 

 

 

B.      REGULAR CALENDAR

 

 

 

 

(SHAUNN MENDRIN)

 

7.        2005.0956V:    825-827 COLE STREET, west side between Carl and Frederick Streets; Lot 005 in Assessor's Block 1267, in an RH-3 (Residential House, Three-Family) District and a 40-X Height and Bulk District.

 

FRONT SETBACK AND REAR YARD VARIANCES SOUGHT:   The proposal is to reconfigure the front façade to accommodate additional balcony space, add a new roof structure, infill portions of existing light wells (lateral additions) on the south side and infill two small areas (horizontal additions) at the rear of the existing structure.

 

Section 132(a) of the Planning Code requires an approximately 4-foot front setback for the subject property. The existing first floor provides a 2-foot setback and the second and third floors are built to the front property line.  The proposed second and third floor additions and the proposed roof structure would be located within the required front setback. 

 

Section 134(a)(1)(C)(2) of the Planning Code requires a 33-foot required rear yard based on averaging of the adjacent structures.  The proposed infills of the existing rear wall are located within the required rear yard area. 

 

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. Because portions of the building already encroach into the required front setback and rear yard, it is considered a legal noncomplying structure. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

 

 

 

(GLENN CABREROS)

 

8.         2006.0040V:    459 FREDERICK STREET, south side between Cole and Stanyan Streets, Lot 048 in Assessor’s Block 1267 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

                                   

PARKING VARIANCE SOUGHT:  The proposal is to legalize the removal of a one-car garage at this two-unit building.

 

Section 150 of the Planning Code states that once any off-street parking has been provided which wholly or partially meets the requirements of the Code, such space shall not thereafter be reduced, eliminated or made unusable in any manner.

 

Section 151 of the Planning Code requires one independently-accessible parking space per dwelling unit.  As a one-car garage previously existed at the two-unit subject building, the property was legally noncomplying with regard to parking.

 

 

(GLENN CABREROS)

 

9.        2004.1267V:    1812-1814 PACIFIC AVENUE, north side between Franklin and Gough Streets, Lot 010 in Assessor’s Block 0576 in an RH-2 (Residential, House, Two-Family) District and an RM-3 (Residential, Mixed, Medium Density) District and a 80-A Height and Bulk District.

           

REAR YARD, DWELLING UNIT EXPOSURE AND PARKING VARIANCES SOUGHT:  The proposal is to demolish an existing two-car garage and to construct a four-story, two-unit building with two parking spaces along the eastern side of the existing four-story, six-unit building.  The project is proposed on the front portion of the lot that is within the RM-3 Zoning District.

 

Section 134 of the Planning Code requires a 25-percent rear yard area in RM-3 Districts.  The required rear yard area for the proposed project is approximately 32 feet.  A 15-foot rear yard is proposed, so that the proposed rear wall would align with the rear wall of the existing building on the subject lot and the rear wall of the adjacent building directly to the east.

 

Section 140 of the Planning Code requires dwelling units to face directly onto a required rear yard or a public street.  One of the proposed units would be located along the north (rear) side of the proposed building and would not meet this exposure requirement.

 

Section 151 of the Planning Code requires one independently-accessible parking space per dwelling unit.  The project increases the number of units on the lot from six to eight.  With the project, the lot would have a total of five parking spaces; the same number of spaces that currently exist.

 

 

(GLENN CABREROS)

 

10.       2005.0886V:    2870 PACIFIC AVENUE, north side between Divisadero Street and Raycliff Terrace, Lot 008 in Assessor’s Block 0962 in an RH-1(D) (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.

                                   

SIDE YARD, REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to construct a partial third floor within the footprint of the existing single-family residence. The Department has identified that Raycliff Terrace is the front of the property for the purposes of  determining the location of the required side and rear yard areas

 

Section 133 of the Planning Code states that for lots 50 feet and wider, two five-foot side yards are required.  An approximately 5-foot wide by 22-foot deep area is within the required side yard.


 

 

 

Section 134 of the Planning Code requires a rear yard equal to 25-percent of the lot depth or 15 feet, whichever is greater.  The required rear yard depth for the subject property is 15 feet.  An approximately 16-foot wide by 9-foot deep area is within the required rear yard area.

 

Section 188 of the Planning Code prohibits the intensification of any noncomplying structure.  Portions of the project are located in the required side and rear yard areas. The entire proposal is within the footprint of the existing single-family residence originally constructed to the northern side property line and the rear lot line. 

 

 

(SARA VELLVE)

 

11.       2005.0906V:    101 COMMONWEALTH AVENUE, west side between Euclid Street and Geary Boulevard; Lot 001 in Assessor’s Block 1063 in an RH-1 (D) (House, One-Family (Detached)) District and a 40-X Height and Bulk District.

 

Rear yardVARIANCE SOUGHT:  The proposal is to enclose the existing 15’ x 21’ rear deck with a glass sunroom structure located within the required rear yard of the single-family dwelling.

 

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 22’ measured from the rear property line. The proposed rear addition would extend to the rear property line.

 

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the existing building is already built to the rear property line, it is considered a legal noncomplying structure. Therefore, the expansion is contrary to Section 188.

 

 

(SARA VELLVE)

 

12.       2005.0947V:    1826 FILBERT STREET, north side between Laguna and Octavia Streets; Lot 012 in Assessor’s Block 0519 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

 

Rear yardVARIANCE SOUGHT:  The proposal is to remove the existing 7’ x 14’ sunroom and construct a new 15’ x 14’ addition and egress stair from the second floor to grade at the rear of the single-family dwelling. The egress stair and rear 10’ of the addition are located within the required rear yard of the single-family dwelling.

 

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 28’ measured from the rear property line. The proposed rear addition would extend to within approximately 10’ of the rear property line and encroach into the required rear yard.

 

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the existing building is already built to the rear property line, it is considered a legal noncomplying structure. Therefore, the expansion is contrary to Section 188.

 

 

(SHARON YOUNG)

 

13.       2005.0890V:    401 - 42nd AVENUE, southwest corner of Clement Street and 42nd Avenue, Lot 001 in Assessor’s Block 1474 in an RH-2 (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 solarium, approximately 17 feet wide by 11.5 feet deep by 10 feet high, within the required rear yard of an existing two-story over garage, two-family dwelling.  The solarium would be at the first story level on an existing deck above the garage.  The subject property is on a lot with a width of 25 feet and a depth of 70 feet, with an existing rear yard of approximately 3 feet.  Currently, the portion of the existing building where the new solarium is proposed extends approximately 12 feet into the required rear yard. 

 

Section 134 of the Planning Code requires a rear yard area in an RH-2 Zoning District to be equivalent to 45 percent of the total lot depth, or when using averaging, no less than 25 percent of the lot depth or 15 feet, whichever is greater.  The subject property, with a lot depth of 70 feet, has a required rear yard of 17.5 feet.  The proposed solarium extends approximately 12 feet into the required rear yard. 

 

Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure.  Because the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure.  Therefore, the proposed alteration would be contrary to Section 188 of the Planning Code. 

 

 

 

(MARY WOODS)

 

14.       2005.0929V:    1275 - 15th AVENUE, west side between Irving Street and Lincoln Way; Lot 016 in Assessor's Block 1735, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.   

 

PARKING VARIANCE SOUGHT:  The existing two-story over garage building, which is authorized as a single-family residence, contains an illegal dwelling unit on the ground floor/garage level. The proposal is to legalize the second dwelling unit without providing the required independently accessible off-street parking space.

 

 

Section 151 of the Planning Code requires that one independently accessible off-street parking space be provided for every dwelling unit. In this instance, the existing garage contains one parking space only.

 

 

                                                                                                                                    (TOM WANG)

 

15.       2005.1142V:    1124 AND 1126 CHURCH STREET, west side between 23rd and Elizabeth Streets; Lot 005 in Assessor’s Block 3651 in an RH-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT: The lot is a through lot and contains two separate structures.  A two-story, two-family dwelling occupies approximately the front half of the lot on Church Street.  A one-story, garage structure containing a commercial use for a number of years occupies approximately the rear half of the lot on Nellie Street. The proposal is to demolish the existing garage structure, including removing the commercial use and replace it with a two-story, single-family dwelling.

 

Section 134(c)(4)(C) of the Planning Code requires a minimum rear yard of 29 feet 4 inches (25% of the total lot depth) located in the central portion of the subject lot, between the existing two-family dwelling fronting on Church Street and the proposed single-family dwelling to replace the existing garage structure fronting on Nellie Street. The proposed single-family dwelling would leave a rear yard of 13 feet 6 inches in the central portion of the subject lot, which is 15 feet 10 inches less than the minimum required rear yard.

 

Section 188 of the Planning Code prohibits the reconstruction of a noncomplying structure once it is removed. Since the existing garage structure encroaches approximately 15 feet 10 inches into the required minimum rear yard in the central portion of the lot, it is considered a legal noncomplying structure. To replace the existing garage structure with a similar-sized single-family dwelling would result in the reconstruction of a noncomplying structure.

                 

                                                                                                                       

                                                                                                                        (DANIEL SIROIS)

 

16.       2005.0949V:    20 NATICK (AKA 46 NATICK) STREET, west side between Wilder & Chenery Streets; Lot 0302 in Assessor’s Block 6746, located in an RH-2 (Residential, Two-Family) District and in a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT: The proposal is to legalize a deck connected to the cottage located at the rear of the lot.

 

Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth or 56 feet in this particular case. The existing cottage and the rear deck are non-complying in that they are located entirely within the require rear yard.

 

 

Planning Code Section 188 does not allow the enlargement of non-complying structures without there being findings to support a variance for the proposed enlargement.

 

                                                                                                                       

                                                                                                                        (DANIEL SIROIS)

 

17.       2005.1159V:    4123-4125 17Th STREET, south side between Diamond & Eureka Streets; Lot 035 in Assessor’s Block 2649, located in an RH-3 (Residential, Three-Family) District and in a 40-X Height and Bulk District.

 

OPEN SPACE AND EXPOSURE VARIANCES SOUGHT: The proposal is to create a legal third dwelling unit on the ground floor of the existing two-unit building in conjunction with other improvements to the property including the construction of a new garage for two cars. 

 

Planning Code Section 135 requires the provision of open space at a ration of 100 square feet per unit or 133 square feet per unit if provided in a common area. The subject property currently provides no usable open space that meets Planning Code requirements and no new usable open space is proposed as part of this project.

 

Planning Code Section 140 requires all dwelling units to have exposure onto streets, alleys or code-complying rear yards. The proposed dwelling unit would have exposure onto a small rear yard that does not comply with the Planning Code requirements.

 

 

                                                                                                                        (MICHAEL SMITH)

 

18.       2006.0058V:    664 DOUGLASS STREET, west side between 23rd and Alvarado Streets; Lot 003 in Assessor’s Block 2802 in a RH-2 (Residential, House, Two‑Family) District and a 40‑X Height and Bulk District.

 

REAR YARD VARIANCE:  The proposal is to construct a vertical addition at the rear of the building.  The addition would measure 15’-6” in depth and would replace the pitched roof with a flat roof, lowering the height of the building by 1’-9” from the existing peak.   The addition would not increase the depth of the building.

                                      

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 40’ measured from the rear property line.  The proposed addition would extend to within approximately 27’-6” of the rear property line encroaching 12’-6” into the required rear yard.   


 

 

 

Section 188 of the Planning Code prohibits the enlargement of a noncomplying structure in a manner that increases its degree of nonconformance.  Because the rear portion of the existing building already encroaches 12’-6” into the required rear yard, the building is considered a legal noncomplying structure.  Therefore, the enlargement of the noncomplying portion as proposed would be contrary to Section 188.      

                                                                                                                                                           

 

                                                                                                                                    (MAX PUTRA)

 

19.       2005.0973V:    236 MULLEN AVENUE, north side between Montcalm  Street and Peralta Avenue,  Lot 21 in Assessor’s Block 5537 in an RH-1 (Residential, Single-Family) District 40-X Height and Bulk District and in the Bernal Heights Special Use District.

 

                                    REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to legalize and reconstruct the existing deck built without benefit of permit over the kitchen. The proposed deck is at the third/attic floor at the rear of the existing three-story over garage, single-family house. The proposal is also to reconstruct 7 feet high windscreens along the perimeter of new deck. The requested new deck and windscreens would be 24 feet above grade.

 

                                    Section 242(e)(2) of the Planning Code provision for Bernal Heights Special Use District requires a minimum rear yard depth of 35 percent of the total depth of the lot or 24 feet 6 inches measured from the rear property line. The proposal would be located approximately 8 feet from the rear property line.

 

                                    Section 188 of the Planning Code prohibits the expansion of a non-complying structure. Because the existing structure at the rear already encroaches 16 feet 6 inches into the required rear yard, it is considered a legal non-complying structure.

 

 

                                    (MAX PUTRA)

 

20.                               2005.1154V:     77 ELLSWORTH STREET, east side north of Powhattan Street, Lot 22 in Assessor’s Block 5625 in an RH-1 (House, Single-Family) District in an 40-X Height and Bulk District and in the Bernal Heights Special Use District.

 

REAR YARD, NON-COMPLYING STRUCTURE AND OFF-STREET PARKING VARIANCES SOUGHT: The proposal is to construct a new stairway enclosure on the south side at the rear portion of the existing two-story plus an attic, single-family house. The proposal is also to enclose the existing unfinished space at the ground floor for the new master bedroom. The new stairway would connect the master bedroom at the ground floor to new family room at the first floor.

 

Section 242(e)(2) of the Planning Code provision for Bernal Heights Special Use District requires a minimum rear yard depth of 35 percent of the total depth of the lot or 24 feet and 6 inches measured from the rear property line. The proposal would be located approximately 21 feet from the rear property line.

 

                                    Section 188 of the Planning Code prohibits the expansion of a non-complying structure. Because the existing structure at the rear already encroaches 3 feet and 6 inches into the required rear yard, it is considered a legal non-complying structure.

 

Section 242(e)(4) of the Planning Code requires three off-street parking spaces if one or more alterations add over 400 square feet of usable floor area and the total usable floor area of the building is over 2,250 square feet. The proposed building would add approximately 622 square feet of usable floor area for a total usable floor area of 2,428 square feet. The subject property has one existing off-street parking space and the required two additional off-street  parking spaces would not be provided.

 

 

                                                                                                                                           (BEN FU)

 

21.                               2005.0967V:    1259-1261 GUERRERO STREET, east side, between 24th and 25th Streets; Lot 014 in Assessor's Block 6513, in a RH-3 (Residential, House, Three-Family) District with a 40-X Height and Bulk Designation.

 

                                                            REAR YARD AND OFF STREET PARKING VARIANCE SOUGHT:  The project proposes to relocate a dwelling unit from the building at the front of the property into the existing rear carriage house.  The relocated unit in the carriage house will be approximately twice the size of the existing unit.  

 

                                                            Planning Code Section 134(a)(2) requires that all lots in a RH-3 District to have a basic minimum rear yard depth equal to 45 percent of the total depth of the lot on which the building is situated.  Rear yards may be reduced to the average of the extensions of the two adjacent rear walls, as long as it is no less than 25 percent of the lot depth, or 15’-0”, whichever is greater.  The required rear yard for the 123’-0” deep lot is approximately 50’-0”.  The 21’-0” deep carriage house is located at the rear of the lot and was originally constructed in 1901.  The subject property has a mid-lot open space of approximately 28’-5”.  The carriage house is a non-complying structure because it is located in the required rear yard area.

 

                                                            Planning Code Section 134(b) prohibits motor vehicle, trailer, boat or other vehicles parked or stored within the required rear yard.  The proposed relocation would place off-street parking spaces in the required rear yard. 


 

 

 

                                                            Planning Code Section 151 requires off-street parking spaces be provided in the minimum quantities per use or activity.  For each new dwelling unit, one off-street parking space shall be provided.  Three spaces are required and currently exist in the rear carriage house.  The proposed conversion of the rear carriage house from parking to residential relocates one of the parking spaces into the required rear yard and two others into the existing driveway without screening.  The spaces would be non-independently accessible.

 

                        Planning Code Section 188 prohibits intensification or increase in any discrepancy at any level of a non-complying structure with standards set forth in the Code.  The existing rear carriage house is a non-complying structure.  The proposed conversion to residential use intensifies the use of the structure.

                                                                                                                                                (MAT SNYDER)

 

22.    2005.0969V:       3352-3354 21St STREET, Lot 018 in Assessor’s Block 3608, north side between Guerrero Street and Valencia Street, in an RH-3 (House, Three-family) District and a 40-X Height and Bulk District.

 

                                    REAR YARD AND DWELLING UNIT EXPOSURE VARIANCES SOUGHT.  The proposal is to establish a third dwelling unit at the rear of the ground level, construct a new garage at the existing basement / ground level, and to construct a three story rear horizontal addition at the rear. 

 

                                    Planning Code Section 134(c) requires a 28-foot, nine-inch rear yard measured from the rear property-line.  The new addition would extend to 23-feet from the rear property-line.

 

                                    Planning Code Section 134(c) also restricts the last ten feet of buildable depth from being taller than 30-feet (where the rear yard line is determined by averaging the depths of the adjacent two building).   The proposed addition at the third floor would be approximately 36-feet in height for a portion that would measure seven-feet in depth by nine-feet in width. 

 

                                    Planning Code Section 140 requires that each dwelling unit either face a right-of-way or a conforming rear yard.  The new proposed dwelling unit would only face (or have exposure to) a rear yard that does not meet the requirements of the Code. 

 

                        (KIMBERLY DURANDET)

 

23.                               2005.0983V:   981 INGERSON AVENUE, an interior lot on the southwest side of Ingerson Avenue; Lot 024 in Assessor's Block 4970, in an RH-1 (Residential, House, Single-Family) District, a 40-X Height and Bulk District, and the Candlestick Park Special Sign District.

 

 

 

REAR YARD VARIANCE SOUGHT:  The project proposes to legalize a two-story horizontal rear addition to the single-family dwelling that extends 7 feet into the required rear yard leaving a distance of 8 feet to the property line.  Assessor’s records show the lot dimensions to be 35 feet wide by 50 feet deep.  This lot is significantly shorter than all other lots in this block.

 

Planning Code Section 134c requires a minimum rear yard of 15 feet for the subject property. 

 

                                                                              (KIMBERLY DURANDET)

 

24.                               2006.0012V:  2 AZTEC STREET, a corner lot on the south side of Aztec Street at the intersection of Coso Avenue; Lot 009 in Assessor's Block 5521, in an RH-1 (Residential, House, Single-Family) District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.

 

                                                            REAR YARD VARIANCE SOUGHT:  The project proposes to build a new rear deck and stairs.  Portions of the building already extend into required rear yard which for this lot would be toward Coso Avenue.  The proposed deck would be built on the eastern border of the property and encroach five(5) to fourteen(14) feet into the required rear yard including the last 15 feet to the property line.  However, this proposal would increase the usable open space for the subject property.

 

                                                                                Planning Code Section 242(e) requires a minimum rear yard of 15 feet for the subject property.  The subject property is a corner trapezoidal shaped lot.

 

 

 

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 10:00:43 PM