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Seal of the City and County of San Francisco
City and County of San Francisco
April 26, 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, April 26, 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 as

described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, April 26, 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.         2005.1012V:    289 FREDERICK STREET, southeast corner of the intersection of Clayton and Frederick Streets, Lot 086 in Assessor’s Block 1269 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

                                   

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to construct a one-story side horizontal addition at the existing west side setback located towards the rear of the house and also to construct a rear horizontal addition at all (three) levels.  At the first and second floors, a new bay window is proposed along the existing rear wall.  A 12-foot horizontal addition is proposed at the third floor within the footprint of the existing building.

 

Section 134 of the Planning Code requires a rear yard equal to 45 percent of the lot depth.  The required rear yard may also be averaged based on the depths of the adjacent buildings provided the rear yard is not less than 25 percent of the lot depth or 15 feet, whichever is greater.  The required rear yard depth for the subject property is 43 feet.  The existing building extends approximately 12 feet into the required rear yard.  The addition of a bay window along the rear wall would extend the building an additional 2 feet into the required rear yard.

 

Section 188 of the Planning Code prohibits the intensification of any noncomplying structure.  Portions of the project are located in rear yard area.  The rear portion of the building is a noncomplying structure as approximately the last 12 feet of the existing building was originally constructed within the required rear yard area. The project is thus contrary to Section 188.

 

(MARY WOODS)

 

2.         2005.0996V:    214 ARGUELLO BOULEVARD, east side between Sacramento and California Streets; Lot 059 in Assessor's Block 1015, in an RM-1 (Residential, Low Density) District and a 40-X Height and Bulk District. The lot is irregularly shaped with a width of approximately 27 feet and a depth of approximately 106 feet.  The existing building is a three-story over garage, four-unit condominium building, which extends to within approximately 13 feet of the rear property line.   

 

REAR YARD VARIANCE SOUGHT:  The proposal is to legalize an existing redwood deck (approximately 25 feet wide by 13 feet deep and approximately 4 feet above grade) at the rear of the existing ground floor unit.

 

Section 134 of the Planning Code requires the minimum rear yard depth to be 45 percent of the total depth of the lot or the average depth of the rear walls of the two adjacent buildings to a minimum of 25 percent of the lot depth or 15 feet, whichever is greater.  Based on averaging, the required rear yard would be approximately 17 feet.  The existing deck is located entirely within the required rear yard. 

 

 

(MAX PUTRA)

 

3.         2006.0007V:    2010 LYON STREET, east side between Clay and Washington Streets, Lot 023 in Assessor’s Block 0999 in an RH-3 (Residential, Three-Family) District and a 40-X Height and Bulk District. 

 

REAR YARD VARIANCE SOUGHT:  The proposal is to replace existing stairs with new stairs and a new deck at the second floor generally within the same location at the rear of the existing three-story plus attic, single-family dwelling.

 

Section 134 of the Planning Code requires a minimum rear yard to be 45 percent of the total lot depth  or the average depth of the rear walls of the two adjacent buildings to a minimum of 25 percent of the lot depth or 15 feet, whichever is greater. Based on averaging, the required rear yard would be 20 feet measured from the rear property line. The proposed stairs and deck would be located within 8 feet and 18 feet respectively of the rear property line.

 

The proposed stairs and deck would be contrary to Section 134.

 


 

 

 

(AARON STARR)

 

4.         2005.1091V:    14-18 WOOD STREET, south side, between Lupine Avenue and Geary Boulevard. Lot 012 in Assessor's Block 1057, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

 

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to add a third story onto an existing two-story non-complying structure with three dwelling units, provide a parking space in the rear yard setback, and make façade and interior alterations.

 

Section 134(b) of the Planning Code prohibits vehicles from being parked or stored in the required rear yard.  The proposed parking space does not meet the requirements in Section 134 of the Planning Code because it will extend approximately 15’ into the required rear yard setback.

 

Section 134(c) of the Planning Code requires the subject property to have a 15’ rear yard.  The proposed addition does not meet the requirements in Section 134 of the Planning Code because portions of the addition will be located within the required rear setback.  At its furthest point, the addition will be within 3 feet of the rear property line.

 

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

 

 

 

(SHAUNN MENDRIN)

 

5.         2006.0062V:    2320-2322 FILBERT STREET, north side, between Steiner and Pierce Streets; Lot 009B in Assessor's Block 0514, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

 

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to reconstruct (replace) the rear stairs with a three-story deck and stairs on the northwest side of the structure and it would be within approximately 22 feet of the rear yard property line.  The proposed deck will be approximately 10 feet deep and 12 feet wide.  The existing three-story stair structure is approximately 8 feet deep and 9 feet wide.  A firewall is not required.  The proposed rear deck and stairs would be located within the required rear yard, requiring a Rear Yard Variance. 

 


 

 

Section 134(c) of the Planning Code requires an approximately 33-foot deep rear yard, based on averaging the rear walls on the adjacent properties. The proposed rear deck and stairs will be slightly deeper and wider than the existing deck (approximately 2 feet by 3 feet).  The requested variance will allow the proposed new deck and new stair configuration. 

 

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. The existing deck and stairs already encroach into the required rear yard and are considered a legal noncomplying structure. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code. 

 

 

                                                                                                            (ELIZABETH WATTY)

 

6.         2006.0206V     587 BUENA VISTA WEST AVENUE, south side between Upper Terrace and Java Street; Lot 047 in Assessor’s Block 2616 in a RH-3 (Residential, House, Three-Family) and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT: This proposal seeks retroactive approval for a previously constructed rear deck.  The deck encroaches on the required rear yard and in 1995 a rear yard variance was granted by the Planning Department, pursuant to Planning Code Section 134. That variance approval, however, expired as no building permit application was submitted.

 

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 25-feet, 3-inches for the subject property measured from the rear property line.  The deck encroaches approximately 9-feet, 10-inches into the required rear yard, extending to within approximately 15-feet, 5-inches of the rear property line.

 

 

                                                                                                                        (RICK CRAWFORD)

 

7.         2005.1003V:    263 BRIGHTON AVENUE, west side between Ocean and Holloway Avenues, Assessor’s Block 6943 Lot 006; in a RH-2 (Residential House Two Family, Detached) District, and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a two-story addition to the rear of the existing building.  The addition will extend the building 16 feet 8 inches into the required rear yard. 

                                                                                

Planning Code Section 134 requires a rear yard of 50 feet 8 inches where a 34-foot rear yard is proposed. 

 


 

 

(CECILIA JAROSLAWSKY)

 

8.         2006.0324V     50 LAGUNITAS DRIVE, east side, between Cranleigh Drive and Ocean Avenue; Lot 002H in Assessor’s Block 7223 in an RH-1(D) (House, One-Family Detached Dwelling) and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a 9-foot by 19-foot, sunroom at the rear, ground-level, of an existing single-family dwelling.  The addition is alongside the existing family room, which encroaches into the required rear yard by approximately 10 feet, and would not extend any further into the rear yard than the existing family room which is 16 feet from the rear property line.  The total height of the addition would be approximately 10 feet and would not exceed the height of the existing, main structure.

 

Section 134 of the Planning Code requires a minimum rear yard of 25% of lot depth, but no less than 15 feet.

 

Section 188 of the Planning Code does not permit expansion or modification to a noncomplying structure.  The subject building is considered a legal noncomplying structure because the existing structure encroaches into the required rear yard.  Therefore, the addition of the non-complying second level would be contrary to Section 188 and would require a Variance.

 

 

(JON PURVIS)

 

9.         2006.0264V:    8 PORTER STREET, west side between Crescent Avenue and Benton Avenue; Lot 003 in Assessor’s Block 5807; in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is legalize an existing  80-foot rear dormer; and, to legalize existing rear decks at the second floor and the main floor, which project 4 feet and 6 feet respectively, beyond the existing rear building wall.

 

Section 242(e)(2) of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot, but never less than 15 feet.  For the subject property, the required rear yard is 28 feet, while the actual rear yard (beyond the existing rear building wall) is only 24 feet.

 


 

(MAT SNYDER)

 

10.       2005.0892V:    1286-1298 TREAT STREET, Lot 019 in Assessor’s Block 6524, northwest corner of Treat Avenue and 26th Street, in an RH-2 (House, Two-family) District and a 40-X Height and Bulk District.

 

LOT SIZE AND LOT WIDTH VARIANCES SOUGHT:  The proposal is to subdivide the existing lot into three separate lots such that the three-unit building at the corner (1298 Treat Avenue) would sit on its own lot and the building to the immediate north along Treat (1286 Treat Avenue) would straddle two new lots, with two of the building’s four units each sitting on their own lot.  No building expansion is proposed.

 

Planning Code Section 121(d)(2) requires that each new lot have a width of a least 25-feet.  The proposed three lots would have a width measuring 24.88-feet, 24.23-feet, and 24.39-feet respectively.

 

Planning Code Section 121(e) requires that all new lots that are less than 125-feet from an intersection be at least 1,750 square feet.  The proposed new lots only would be 1,650.5 square feet, 1,607 square feet and 1,617 square feet respectively.

 

The structures are currently non-complying for their rear yard and open space requirements.  The non-complying situation for these standards would remain the same.

 

 

(ERIKA S. JACKSON)

 

11.       2005.1079V:    54 BALMY STREET (A.K.A. 1155-1157 TREAT AVENUE), west side between 24th and 25th Streets; Lot 031 in Assessor’s Block 6522; in an RH-2 (Residential, House Character Districts, Two Units per Lot) District and a   40-X Height and Bulk District.

 

REAR YARD EXPOSURE VARIANCES SOUGHT:  The proposal is to add 760 square feet to the existing single family residence fronting on Balmy Street.  The addition includes filling out the front and rear corner, adding a third story, and includes a one-car garage on the ground floor.

 

Planning Code Section 134 allows through lots abutting properties that contain two buildings to provide the rear yard in the central portion of the lot, between the two buildings.  The depth of the rear wall of each building from the street or alley shall be established by the average of the depths of the adjacent buildings fronting on that street or alley, but in no case shall be less than 25 percent of lot depth or 15 feet, whichever is greater.  This project proposes a rear yard reduction from the required 28’-2” (25 percent of lot depth) to 18 feet.  The rear yard will be located in the central portion of the lot.

Planning Code Section 140  requires that at least one room of at least 120 square feet must face one of the following open areas: a public street or alley of at least 25 feet in width, a code complying rear yard, or an inner court measuring at least 25 feet in every direction.  The proposed project does not contain a room that faces any of the above-mentioned open areas.

 

 

B.      REGULAR CALENDAR

 

(GLENN CABREROS)

 

12.       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. 

 

(ELAINE TOPE)

 

13.       2006.0097V:    1850 CLAY STREET, north side between Franklin Street and Van Ness Avenue, Lot 003 in Assessor’s Block 0618 in an RM-3 (Residential, Mixed, Medium Density) District and a 105-D Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The subject property contains a five-story, twenty-unit residential building over a two-story 14 - car garage.  The proposal is to expand the garage approximately 29 feet to the rear at both garage levels, adding a total of 8 parking spaces.  A roof deck constructed on top of the proposed garage addition and an exterior stair leading from the upper garage floor level to the roof deck are also included in the proposal.

 

Section 134 of the Planning Code requires that the rear yard in an RM-3 District shall be equivalent to 25 percent of the total lot depth of the lot on which the building is situated, but in no case less than 15 feet, whichever is greater.  The required minimum rear yard for this parcel is 32 feet, and the proposed rear yard would be approximately 4 feet.

 

 

(AARON STARR)

 

14.       2006.0004V:    1307 BAY STREET, south side, between Octavia and Gough Streets. Lot 046 in Assessor's Block 0472, in an RM-1 (Residential, Mixed, Low Density) District with a 40-X Height and Bulk Designation.

 

REAR YARD VARIANCE SOUGHT: The proposal is to legalize and modify an existing 4th story elevator landing enclosure at the rear of the building, and to extend an approximately 13.5’ portion of the 4th story rear wall at the western side property line 6’ towards the rear property line so that it is aligned with the rest of the rear building wall.

 

Section 134(c) of the Planning Code requires the subject property to have a 15’ rear yard.  The existing 4th story elevator landing enclosure does not meet the requirements in Section 134 of the Planning Code because it extends approximately 2’ into the required rear yard setback.

 

Section 134(c)(1) of the Planning Code limits the height of the last 10’ of the allowable building depth to 30’ when the rear yard setback has been determined per Section 134(c).  The elevator landing and the proposed expansion do not meet the requirements in Section 134(c)(1) because they are approximately 10’ above 30’ in height and encroach into this area.

 

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

 

(AARON STARR)

 

15.       2005.1099V:    1600-1602 GREENWICH STREET, southwest corner of Greenwich and Franklin Streets; Lot 002 in Assessor's Block 0504, in an RH-3 (Residential, House, Three-Family) District with a 40-X Height and Bulk Designation.

 

REAR YARD VARIANCE SOUGHT: The proposal is to add a 3-story rear addition to the existing 3-story building by extending an approximately 19.5’ wide portion of the rear wall 12.5’ into the rear yard at the southern side property line.  The proposed addition will extend approximately 6’ into the required rear yard, leaving a 16’ deep rear yard.

 

Section 134(a)(2) of the Planning Code requires the subject property to have a 22’ deep rear yard.  The proposal does not meet the requirements in Section 134 of the Planning Code because the proposed extension will extend approximately 6’ into the required rear yard, leaving a rear yard approximately 16’ deep.

 

(SHARON YOUNG)

 

16.       2005.1128V:    2255 – 2257 PINE STREET, south side between Webster and Fillmore Streets fronting on Wilmot Street, Lot 027 in Assessor’s Block 0660 in an RH-2 (House, Two-Family) Zoning District and a 40‑X Height and Bulk District.

                       

MINIMUM LOT AREA, REAR YARD, AND OFF-STREET PARKING VARIANCES SOUGHT:  The proposal is to subdivide an existing through lot of approximately 3,188 square feet of area into two separate lots.  The proposed northerly lot on Pine Street would be 25 feet wide and approximately 81 feet deep.  There is an existing two-story over basement, two-family dwelling on the site fronting on Pine Street.  The proposed southerly lot on Wilmot Street, with a lot width of 25 feet and lot depth of approximately 47 feet, would contain a new three-story over basement, single-family dwelling fronting on Wilmot Street.  The purpose of the requested variance is to create a vacant and buildable lot for the construction of the new single-family dwelling.  One new off-street parking space for the new single-family dwelling will be provided within the basement garage under grade of the existing two-family dwelling.  Currently, the subject property has an existing rear yard of approximately 59 feet.  With the lot subdivision, the proposed northerly lot would have a rear yard of approximately 12 feet and the proposed southerly lot would have a rear yard of 3 feet. 

 

Section 121(f) of the Planning Code requires a minimum lot area of 2,500 square feet or 1,750 square feet for a lot having its street frontage entirely within 125 feet of the intersection of two streets that intersect an angle of no more than 135 degrees.  The proposed northerly lot fronting on Pine Street would be approximately 2,019 square feet in area.  The proposed southerly lot fronting on Wilmot Street would be approximately 1,169 square feet in area.

 

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 proposed northerly lot, with a lot depth of approximately 81 feet, has a required rear yard of approximately 20 feet.  The existing two-family dwelling would extend approximately 8 feet into the required rear yard.  The proposed southerly lot with a lot depth of approximately 47 feet, has a required rear yard of 15 feet.  The new single-family dwelling would extend 12 feet into the required rear yard.

 

Section 159(a) of the Planning Code requires off-street parking spaces for one-family and two-family dwelling units in R Districts to be located on the same dwelling unit as the dwelling served, or in a community garage pursuant to Section 209.7(a) of the Planning Code.  One required off-street parking space for the new single-family dwelling facing Wilmot Street will be provided within the basement garage under grade of the existing two-family dwelling facing Pine Street.  Vehicular access to the off-street parking space would be accessed through a driveway underneath the building.  

 

 

                                                                                                                        (KATE CONNER)

 

17.       2006.0077V:    1059 CHURCH STREET, east side between 22nd Street and 23rd Street; Lot 029 in Assessor’s Block 3629 in an RM-1 (Residential, Mixed Houses and Apartments -Low Density) District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a one-story two-car garage in the required rear yard.  The subject property is a through lot with double frontage on both Church and Severn Street.

 

Section 134 of the Planning Code requires a minimum rear yard of 25% of the lot depth or 29.375 feet.  The proposed garage structure will cover approximately 73% of the required rear yard. 

 

 

                                                                                                                        (KATE CONNER)

 

18.       2005.0992V:    255A HENRY STREET, south side, west of the intersection with Castro Street; Lot 059 in Assessor’s Block 2612 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to enlarge a garden shed in the rear yard.  The proposed garden shed exceeds the height limit and maximum square footage.  The garden shed is an existing non-conforming structure.  Currently the garden shed covers 160 square feet of land and is approximately 18 feet in height.  The proposal includes enlarging the garden shed by raising the roofline, which although the overall height remains the same, the angle of the original shed roof is reduced. 

 

Section 134 of the Planning Code requires a minimum rear yard of 28.75 feet.  Pursuant to Section 136.c.23, a garden structure may be placed in the rear yard as long as it is does not cover more than 100 square feet of land and is no taller than eight feet in height.  The structure, as is, is larger than the maximum dimensions permitted and further modifying the structure would require a rear yard variance.


 

 

Section 188 of the Planning Code does not permit expansion or modification to a noncomplying structure.  The subject structure is considered a legal noncomplying structure because the garden shed encroaches into the required rear yard and exceeds the square footage and maximum height of an allowable projection. 

 

 

                                                                                                            (ELIZABETH WATTY)

 

19.       2005.0974V:    3969 23rd STREET, south side, between Sanchez and Noe Streets; Lot 32 in Assessor’s Block 3653 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 redesign the previously approved rear deck and staircase, and to construct a firewall along the side of the new staircase. The deck, staircase and firewall will be located along the western property line, and will extend further into the required rear yard than the previously approved design. The staircase exceeds the height and length limit allowed for stairs encroaching into the required rear yard, and a portion of the deck that has been enlarged to provide a landing for the new staircase is also located within the required rear yard. These design modifications require a rear yard variance.

 

Section 134 of the Planning Code requires a rear yard depth of approximately 47-feet for the subject property, measured from the rear property line.  The redesigned staircase, deck, and firewall extend to within approximately 18-feet, 2-inches of the rear property line, encroaching into the required rear yard.

 

Section 188 of the Planning Code does not permit expansion or modification of a noncomplying structure. The existing deck and staircase are considered legal noncomplying structures because they encroached into the required rear yard.  Therefore, the redesign and further encroachment of this noncomplying structure into the required rear yard would be contrary to Section 188 and would require a variance from the rear yard requirements.

 

 

(JON PURVIS)

 

20.       2006.0966V:    207-209 9th STREET, east side between Howard and Tehama Streets; Lot 081 in Assessor’s Block 3729; in an SLR (Service/Light Industrial) Mixed-Use District, a 50-X Height and Bulk District, and within the Housing/Mixed-Use Overlay District per Planning Commission Resolution No. 16202.


 

REAR YARD MODIFICATION SOUGHT:  The proposal is to convert a three-story office building into 19 Single Room Occupancy dwelling units with rear yard open space on roof decks.  A vertical addition would add a new fourth story.

 

Section 134(a) of the Planning Code requires a rear yard equal to 25 percent of the total depth of the lot provided at the lowest story containing a dwelling unit, or 20 feet for the subject lot.  There is a five-foot rear yard at the first story and there would be a 13-foot rear yard at the new fourth story.

                                                                                                                                                          

Section 134(e) of the Planning Code allows for modification of the above requirements in South of Market Mixed-Use Districts pursuant to the procedures applicable to variances.

 

(KIMBERLY DURANDET)

 

21.       2006.0140V:    585 KANSAS STREET, an interior lot on the east side of Kansas Street; Lot 008A in Assessor’s Block 4009, in an RH-3 (Residential, House, Three- Family) District, a 40-X Height and Bulk District.

 

PARKING VARIANCE SOUGHT:  The project is to legalize and bring up to Building Code and existing second dwelling unit at the ground level without additional off street parking.  The size of the unit is 420 square feet.

 

Planning Code Section 151 requires one off-street parking space for each dwelling unit.  The property has one off-street parking space.  No additional parking is proposed.

 

(ERIKA S. JACKSON)

 

22.       2005.1045V:    522 SHOTWELL STREET, west side between 19th and 20th Streets; Lot 032 in Assessor’s Block 3594; in an RM-1 (Residential, Mixed Low Density) District, and a 50-X Height and Bulk District.

 

OFF-STREET PARKING, REAR YARD EXPOSURE VARIANCES SOUGHT:  The proposal is to construct a two-unit residence with a two-car garage in the front yard of an existing two-unit residence.  The project includes the legalization of an addition to the rear of the structure that was constructed without benefit of a permit.

 

Planning Code Section 151 establishes minimum standards for required off-street parking spaces at one space for each dwelling unit.  A variance was granted in 1996 allowing the legalization of a second dwelling unit without a parking space.  Therefore the parking requirement for this project is three parking spaces.  There is currently one parking space provided for the existing building which will be replaced by a two-car garage in the new building.  Therefore a parking variance is sought for one parking space.


 

 

Planning Code Section 134 requires all lots within an RM-1 District to have a minimum rear yard of 45 percent of lot depth.  However, the minimum rear yard to be reduced to the average between the depths of the rear building walls of the two adjacent buildings, but only to 25 percent of lot depth.  The existing building (excluding the rear addition) is a legal non-conforming structure because it does not comply with this Code Section.  The addition of a new building in the front yard would require the provision of a code complying rear yard.  Since that rear yard is occupied by the existing building, a rear yard variance is required.  This project also includes the legalization of a rear addition consisting of a two-story dining room/bedroom, enclosed patio, and rear staircase that extends into the rear 45 percent of the lot.

 

Planning Code Section 140 requires that at least one room of at least 120 square feet must face one of the following open areas: a public street or alley of at least 25 feet in width, a code complying rear yard, or an inner court measuring at least 25 feet in every direction.  The proposed inner court, which is being used to satisfy the exposure requirement for the existing rear structure, measures 23’-8.5” by 30’-0”.

 

 

(ERIKA S. JACKSON)

 

23.       2005.0933V:    928 HAMPSHIRE STREET, west side between 21ST and 22nd Streets; Lot 003 in Assessor’s Block 4143; in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

 

OFF-STREET PARKING, REAR YARD VARIANCES SOUGHT:  The proposal is to convert an existing single-family residence to a two-unit residence, including the legalization of an addition to the rear of the structure and a roof deck on top of the addition that was constructed without a permit.

 

Planning Code Section 151 establishes minimum standards for required off-street parking spaces at one space for each dwelling unit.  Therefore the parking requirement for this project is two parking spaces.  There is currently one parking space provided for the existing legal unit.  No additional parking is proposed.

 

Planning Code Section 134  requires all lots within an RH-2 District to have a minimum rear yard of 45 percent of lot depth.  However, the minimum rear yard may be reduced to the average between the depths of the rear building walls of the two adjacent buildings, but only to 25 percent of lot depth.  The project proposes to legalize the rear addition and to construct a new rear deck that intrude into the required rear yard and into the rear 25 percent of the lot.  The required rear yard is 30 feet based on the average of the adjacent buildings; the proposed rear yard is 10 feet.

 

 

(JON PURVIS)

 

24.       2005.0754V:    306 ELSIE STREET, northeast corner at Santa Marina Street; Lot 001A in Assessor’s Block 5675; in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

 

                                    REAR YARD VARIANCE SOUGHT:  The proposal is to add a third story to the existing two-story single-family dwelling, with the new story and added egress stairs projecting into the required rear yard, which is opposite and parallel to Elsie Street.

 

                                    Section 242(e)(2) of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot, but never less than 15 feet.  For the subject property, the required rear yard is 15 feet.  Since the existing rear yard depth is only 9-12 feet, the lot is already non-complying for rear yard.  The new third story would match the existing building footprint, with added egress stairs increasing the level of non-compliance, resulting in a rear yard of 6-12 feet.

 

            NOTE:  On December 15, 2005 and February 22, 2006 following public testimony, the Zoning Administrator left open the public hearing on this item to give project sponsor time to revise the project and for interested parties to review.  This case will be heard today.

 

 

 

 

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