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Seal of the City and County of San Francisco
City and County of San Francisco
February 28, 2007

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, FEBRUARY 28, 2007

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 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.

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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.

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For more information on your rights under the Sunshine ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall, Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at Donna_Hall@ci.sf.ca.us.

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, February 28, 2007, 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.

(SHAUNN MENDRIN)

1. 2006.1466V: 2542 FILLMORE STREET, east side, between Pacific Avenue and Jackson Street; Lot 017 in Assessor's Block 0588, in an RM-1 (Residential, Mixed, Low Density) District with a 40-X Height and Bulk Designation.

DWELLING UNIT EXPOSURE VARIANCE SOUGHT: The proposal is to relocate the upper dwelling unit (located on the third floor) of the existing two-family dwelling to the ground floor and to combine the two upper floors into a single-family dwelling unit. The unit will be relocated behind the existing garage, facing the rear yard. The existing rear yard is noncomplying with respect to its depth requiring a dwelling unit exposure variance. As part of the project the existing rear egress stairs will be removed.

Planning Code Section 140(a)(1) requires that each dwelling unit either face a public street or rear yard complying with the requirements of the Planning Code. The proposed new unit will be located on the ground floor at the rear of the structure and will face an existing noncomplying rear yard.


(JONAS IONIN)

2. 2006.1467V: 34-36 GERMANIA STREET, northside between Fillmore and Webster Streets, Lot 034A, Assessor's Block 0868, located in an RH-3 District (Residential, House, Three-Family) and in a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to demolish existing rear non-complying decks with stairs and replace them with new decks and stairs in a different configuration, generally located on the western portion of the yard, that would increase the available rear yard.

Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth in RH-3 Districts. Pursuant to Section 134(c) the rear yard may be reduced to a depth equal to the average of the two adjacent buildings, but no less than 25 percent or 15 feet, whichever is greater. The required rear yard is approximately 19 feet. The subject property does not provide the required rear yard under the Planning Code. The existing decks and stairs already extend to within approximately three feet of the rear property line.

Planning Code Section 188 does not allow the alteration of an existing non-complying structure if the alteration further increases the degree of non-compliance. The proposal increases the non-compliance on the west side of the yard, while alleviates the non-compliance on the east side of the yard.

(JONAS IONIN)

3. 2006.1468V: 335-337 WALLER STREET, southside between Fillmore and Webster Streets, Lot 034, Assessor's Block 0868, located in an RH-3 District (Residential, House, Three-Family) and in a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to demolish existing rear non-complying decks with stairs and replace them with new stairs and landings in a different configuration, generally located on the western portion of the yard, that would increase the available rear yard.

Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth in RH-3 Districts. Pursuant to Section 134(c) the rear yard may be reduced to a depth equal to the average of the two adjacent buildings, but no less than 25 percent or 15 feet, whichever is greater. The required rear yard is approximately 15 feet. The subject property does not provide the required rear yard under the Planning Code. The existing decks and stairs already extend to within approximately six inches of the rear property line.


Planning Code Section 188 does not allow the alteration of an existing non-complying structure if the alteration further increases the degree of non-compliance. The proposal increases the non-compliance on the west side of the yard, while it alleviates the non-compliance on the east side of the yard.

(KATE CONNER)

4. 2007.0033V: 1400 HOLLOWAY AVENUE, north side between Junipero Serra Boulevard and Stratford Street; Lot 013 in Assessor's Block 7240A in an RH-1 (D) (Residential House, One-Family, Detached Dwelling) and a 28-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to demolish the existing rear stairs and porch and to construct a larger porch, stairs, and deck within the required rear yard. The subject property is non-complying in terms of rear yard.

Section 134 of the Planning Code requires a minimum rear yard of 25 feet. The proposed deck and stairs extend to 18 feet six inches from the rear property line, encroaching approximately six feet seven inches into the required rear yard.

Section 188 of the Planning Code does not permit expansion or modification of a noncomplying structure. The subject building is considered a legal noncomplying structure because the existing rear porch and stairs (in addition to the northern portion of the subject house) encroached into the required rear yard. The reconstruction and enlargement of the noncomplying rear deck and stairs is contrary to Section 188.

(ELIZABETH WATTY)

5. 2007.0071V: 440 - 27TH STREET, north side between Noe and Sanchez Streets; Lot 014 in Assessor's Block 6580 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

FRONT SETBACK AND NONCOMPLYING STRUCTURE VARIANCESSOUGHT: The proposal seeks a variance from the front setback requirements of Planning Code Section 132, in order to construct a one-story addition (approximately six square feet in floor area) at the eastern corner of the ground floor façade. The addition to the front of the house will square off the existing angled ground-floor corner to allow for a wider garage door that will measure eight-feet in width. This project also includes a two-story rear addition and a deck that are not the subject of this variance hearing, which are the subject of a separate notice procedure.

Section 132 of the Planning Code requires a front setback of 15 feet for the subject property. The existing house is located within the front setback, extending to approximately six feet, six inches from the front property line. The proposed addition will be a triangular shaped volume, measuring three feet six inches by three feet six inches, with a floor area of approximately six square feet. The addition will not encroach beyond the existing front or eastern building wall (squaring off the existing angled corner), and will extend to within six feet, six inches of the front property line. This front setback encroachment requires a variance from Planning Code Section 132.

Section 188 of the Planning Code does not permit the expansion or modification of a noncomplying structure. The existing single-family residence is a legal noncomplying structure because it encroaches into the required front setback along 27th Street. The proposed horizontal addition to the front eastern corner increases the discrepancy of the existing noncomplying residence. Modifying a noncomplying structure is contrary to Section 188, thus the proposal requires a noncomplying structure variance.

(APRIL HESIK)

6. 2006.1490V: 956-960 UNION STREET: north side between Jones and Taylor Streets, Lot 5C in Assessor's Block 99, within an RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District.

OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to convert the existing storage space in the basement into one dwelling unit, increasing the number of dwelling units in the building from three to four.

Section 151 of the Planning Code requires off-street parking for residential uses. One independently accessible, off-street parking space is required for every dwelling unit in an RM-2 District. The subject three-unit residential building, which contains one independently accessible off-street parking space and two tandem off-street parking spaces, is legally nonconforming with regard to the parking requirement. The project will not provide any additional off-street parking for the proposed new dwelling unit and therefore requires an off-street parking variance.

(EDGAR OROPEZA)

7. 2007.0049V: 660 NATOMA STREET, Lot 059 in Assessor's Block 3727, a lot on the west side of Natoma Street between 7th and 8th Streets in the RED (Residential Enclave) Mixed Use District, The Western SOMA Special Use District, and a 40-X Height and Bulk District.

REAR YARD MODIFICATION SOUGHT: The project proposes the new construction of a four story, four dwelling unit building with a rear yard of 15 feet on 2nd floor and above.

Planning Code Section 134 requires that all properties within the RED District provide a minimum rear yard of 25% of the total depth of the lot on which the building is located at the lowest story containing a dwelling unit, and succeeding level or story of the building. In this case a rear yard of 18 feet 9 inches is required from the second story and above. The project proposes a rear yard of 15 feet on the second story and above.

Planning Code Section 134(e) allows for the rear yard requirements to be modified or waived in NC and South of Market Districts provided that subsections (1)(A)(B) and (C) are met and provided that procedures applicable to variances are met.

(ERIKA S. JACKSON)

8. 2007.0010V: 1106 TREAT AVENUE & 13 LUCKY STREET, between 24th and 25th Streets; Lot 004 in Assessor's Block 6521; in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

LOT AREA, REAR YARD, USABLE OPEN SPACE, EXPOSURE VARIANCES SOUGHT: The proposal is to subdivide an existing 2,809 square foot through-lot into two separate lots, each with frontage on only one right-of-way. The proposed lot along Treat Avenue would be approximately 75 feet deep while the proposed lot along Lucky Street would be approximately 38 feet deep. No construction is proposed as a part of this application.

Planning Code Section 121(e)(2) requires that all properties in the RH-2 Zoning District contain no less than 2,500 square feet of lot area. The Treat Avenue lot would be approximately 1,875 square feet, and the Lucky Street lot would be approximately 950 square feet.

Planning Code Section 134(c) requires a minimum required rear yard of 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. The required rear yard for the Treat Avenue lot is approximately 34 feet from the shared rear property line where only 5 feet is provided. The required rear yard for the Lucky Street lot is approximately 17 feet from the shared rear property line where only 3 feet is provided.


Planning Code Section 135 requires that a total of no less than 333 square feet of common usable open space be provided for the two existing dwelling units in accordance with the standards of Planning Code Section 135(g), and (2) for the proposed Lucky Street lot because Planning Code Section 135 requires that no less than 125 square feet of private usable open space be provided for a single dwelling unit in accordance with the standards in Code Section 135(f). The lot on Treat Avenue would provide approximately 152 square feet of usable open space and the Lucky Street lot would provide approximately 75 square feet of usable open space.

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 structure on Lucky Street does not contain a room that faces any of the above-mentioned open areas.

B. REGULAR CALENDAR

(SHAUNN MENDRIN)

9. 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. A variance hearing was held on March 22, 2006 for the proposal noted above. A new two-story metal staircase (firewall not required) for egress located at the rear of the structure has been added to the proposal. The proposed new staircase is located within in the required rear yard.

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 infill of the existing rear wall and the new two-story metal staircase (firewall not required) 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.

(AARON STARR)

10. 2006.1486V: 1227-1229 – 8TH AVENUE, west side, between Lincoln Way and Irving Street; Lot 005 in Assessor's Block 1742, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to construct an approximately 15' wide by 5.5' deep 2-story deck at the rear of the subject property. The existing stairwell at the north side property line that extends 13' into the rear yard will remain.

Section 134(c) of the Planning Code requires the subject property, which is 120' deep, to have a rear yard depth of 54'. The proposed deck will extend approximately 2' into the required rear yard.

(MARY WOODS)

11. 2006.0095V: 850 BRODERICK STREET, southeast corner at Golden Gate Avenue; Lot 023 in Assessor's Block 1156, in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District. The lot is approximately 95 feet wide by 137 feet deep, containing approximately 13,000 square feet. The existing vacant three-story plus basement building previously contained 32 group housing units, used by single mothers and their children.

FRONT SETBACK, REAR YARD AND OFF-STREET PARKING VARIANCES SOUGHT: The proposal is to demolish the existing L-shaped building (approximately 21,000 square feet), and construct a new L-shaped three-story plus basement building (approximately 31,000 square feet) with an interior courtyard facing the adjacent buildings (a configuration similar to the existing building) to be used as a 47-unit group housing facility (including a manager's unit) for previously homeless seniors. The proposal will require Variances from the Planning Code pursuant to front setback (Section 132), rear yard (Section 134), and off-street parking (Section 151) requirements.

Section 132 of the Planning Code requires that the front setback be equal to the average of the two adjacent front setbacks or 15 feet, whichever is less. In this case, since the subject property is a corner lot, the required front setback would be 4 feet based on the average front setback at 840 Broderick Street. The project's proposed front setback ranges from 0 to three feet on Broderick Street.

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. Since the subject property is a corner lot, the required rear yard would be approximately 49 feet based on the rear yard of the adjacent building at 840 Broderick Street. The project's proposed rear yard will have a similar configuration and location as the existing rear yard. It would be provided in the interior southeast corner of the lot and would measure approximately 44 feet wide by 77 feet deep.

Section 151 of the Planning Code states that for group housing of any kind, the required off-street parking spaces shall be one for each three bedrooms or for each six beds, whichever results in the greater requirement, with a minimum of two spaces required. Based on a bed count of 47, 16 spaces are required. However, the project proposes to provide four parking spaces, including a stall for a handicapped accessible van.

(KATE CONNER)

12. 2006.1307V: 1607 - 9TH AVENUE, west side between Moraga Street and Lawton Street; Lot 001A in Assessor's Block 1934 in an RH-2 (Residential House, Two-Family) and a 40-X Height and Bulk District.

PARKING VARIANCE SOUGHT: The proposal is to construct a new studio dwelling unit in an existing single-family dwelling without providing the required parking. There is no increase in the building footprint. The proposed unit would be situated behind the garage on the ground floor.

Section 151 of the Planning Code requires that one off-street parking space be provided for each proposed dwelling unit. The subject house has only one off-street, independently accessible parking space. With the addition of a second dwelling unit, the parking requirement is increased to two spaces.


(MICHAEL SMITH)

13. 2006.0780V:. 976 ELIZABETH STREET, north side between Grand View Avenue and Hoffman Street; Lot 021 in Assessor's Block 2807 in a RH 2 (Residential, House, Two Family) District and a 40 X Height and Bulk District.

FRONT SETBACK VARIANCE: The proposal is to construct vertical and horizontal additions to the building and add a dwelling unit. The required parking space for the new dwelling unit would be uncovered and located within the required front setback. The parking space would be screened from public view by a new, six-feet tall, solid wood fence. The existing street trees in front of the property would not be removed.

Section 132 of the Planning Code requires a minimum front setback depth of approximately 15-feet measured from the front property line. The proposed parking space would extend to the front property line encroaching 15-feet into the required front setback. The new fence is also subject to the variance because it is not permitted within the front setback.

(MICHELLE GLUECKERT)

14. 2006.1507V: 2530-2532 FOLSOM STREET, on the west side of Folsom Street between 21st Street and 22nd Street; Lot 067 in Assessor's Block 3614, in a RH-3 (House, Three-Family) Zoning District, and a 40-X Height and Bulk District.

PARKING VARIANCE SOUGHT: The proposal is to legalize the third unit on the ground floor of the building. No expansion to the existing building envelope is proposed. Currently, two off-street parking spaces exist on the site. The proposal does not include the addition of a third parking space.

Planning Code Section 151 requires one off-street parking space for each dwelling unit. The variance would allow for a total of three dwelling units and only two off-street parking spaces provided on the site.

(MICHELLE GLUECKERT)

15. 2007.0051V: 838 ALABAMA STREET, on the west side of Alabama Street between 20th Street and 21st Street; Lot 13 in Assessor's Block 4084, in a RH-2 (House, Two-Family) Zoning District, and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to legalize the raising of the height of the dwelling by approximately two feet. The existing dwelling encroaches into the required rear yard by approximately 13 feet. A variance is required for the expansion of a noncomplying structure that encroaches into the required rear yard.

Planning Code Section 134 states that the rear yard requirement for the subject lot is 26.5 feet. The existing dwelling extends to within 13.5 feet of the rear property line. Rear stairs extend from the dwelling to within ten feet of the rear property line.

Planning Code Section 188 does not permit the expansion or modification of a noncomplying structure. The subject building is considered a legal noncomplying structure because the existing building encroaches into the required rear yard. The enlargement of this noncomplying structure is contrary to Section 188 and requires a Variance

(ERIKA S. JACKSON)

16. 2006.1522V: 211 WINFIELD STREET & 308 VIRGINIA AVENUE, through lot between Eugenia and Virginia Avenues; Lot 003 in Assessor's Block 5644; in an RH-2 (Residential, House, Two-Family) District, a 40-X Height and Bulk District, and in the Bernal Heights Special Use District.

FRONT SETBACK, USABLE OPEN SPACE, PARKING VARIANCES SOUGHT: The proposal is to reconfigure the existing two units and construct a new façade on Winfield Street. The top two levels would combine to create a single owner occupied unit. The lower level storage area would be converted to a second unit.

Planning Code Section 132 requires every front setback in an RH District to be an average of the two adjacent buildings. The addition of a 3'6 by 16'4 bay window on the front façade extends into the required front setback.

Planning Code Section 135 requires that a total of no less than 125 square feet of private usable open space be provided for a single dwelling unit in accordance with the standards in Code Section 135(f). The lower unit would provide approximately 40 square feet of usable open space and the upper unit would provide approximately 70 square feet of usable open space. Additionally, neither open space area meets the 10-foot minimum for private usable open space. Therefore, both lots would not provide any eligible usable open space.

Planning Code Section 242(e)(4) requires alterations to comply with the parking standards for new construction if the alteration adds more than 200 square feet of usable floor area. This 200 square feet of usable floor area is considered to be cumulative from the effective date of this ordinance. This addition adds approximately 168 square feet of usable floor area. An addition in 2001 added approximately 184 square feet of usable floor area. Therefore, the total number of parking spaces required is 3 for 2,493 square feet of usable floor area. There are 2 existing parking spaces.

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 10:00:44 PM