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Seal of the City and County of San Francisco
City and County of San Francisco
March 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, MARCH 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.

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, March 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.

(JONAS IONIN)

1. 2007.0088V: 2389 BUSH STREET, southeast corner of Bush and Pierce Streets, Lot 020, Assessor's Block 0679, located in an RH-3 District (Residential, House, Three-Family) District and in a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is for the First Apostolic Faith Church to add a new elevator shaft (within the existing building footprint) from the basement level to the third, a new deck at the third level (enlarging an existing balcony), and reconstruct existing stair from the second level down to the first in the required 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 adjacent building (for corner lots), but no less than 25 percent or 15 feet, whichever is greater. The required rear yard is 15 feet. The subject property does not provide the required rear yard under the Planning Code. The existing building, balcony, landing and stair already extend to the rear property line at the first and second levels. The new elevator would be built to within approximately six 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.

(SARA VELLVE)

2. 2007.0112V: 100 WEBSTER STREET, north east corner of Webster and Waller Streets; Lot 015 in Assessor's Block 0858 in an RH-3 (House, Three-Family) District and a 40-X Height/Bulk District.

REAR YARD AND noncomplying structure VARIANCES SOUGHT: The proposal is to replace the existing exterior egress stairs and decks, and to construct a new solid property-line firewall within the required rear yard of a two-family dwelling. The overall height of the three-level structure would be approximately 23 feet above grade.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15 feet for the subject property, measured from the rear property line. The proposed building addition would extend to the rear property line and encroach into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. As a portion of the existing building encroaches into the required rear yard, it is considered a legal, noncomplying structure. The expansion as proposed would be contrary to Section 188.

(RICK CRAWFORD)

3. 2007.0121V: 29 CORBETT AVENUE, aka 3340 Market Street, south side between Glendale Street and Iron Alley, Assessor's Block 2717 Lot 004E; in an RH-2 Residential House Two Family, District and within the 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: Demolish the existing one car garage on the back lot off of Iron Alley and construct a new two car garage with a car stacker inside to accommodate the second car. The new building will cover the entire lot.

Planning Code Section 134 requires a rear yard of 15 feet, where none is proposed.

(RICK CRAWFORD)

4. 2007.0122V: 31 CORBETT AVENUE, aka 3344 Market Street, south side between Glendale Street and Iron Alley, Assessor's Block 2717 Lot 001G; in an RH-2 Residential House Two Family, District and within the 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: Demolish the existing one car garage on the back lot off of Iron Alley and construct a new two car garage with a car stacker inside to accommodate the second car. The new building will cover

the entire lot.

Planning Code Section 134 requires a rear yard of 15 feet, where none is proposed.

(ELIZABETH WATTY)

5. 2007.0047V: 3477-3481 16TH STREET, south side between Dehon and Sanchez Streets; Lot 076 in Assessor's Block 3565 in the RM-1 (Residential, Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCESOUGHT: The proposal seeks a variance from the rear yard requirements of Planning Code Section 134, in order to replace the existing three-story staircase with a new three-story deck and staircase (approximately 16-feet wide by 14-feet, 6-inches deep) at the rear of the three-unit building.

Section 134 of the Planning Code requires a rear yard of 23 feet for the subject property. The existing staircase encroaches approximately one foot, six inches into the required rear yard, and will be demolished as part of the proposal. A new three-story staircase, with decks at every level, will encroach approximately two feet, six inches into the required rear yard, extending to within approximately 20 feet 6 inches of the rear property line. This rear yard encroachment requires a variance from Planning Code Section 134.

(MICHAEL SMITH)

6. 2007.0044V: 105 ALPINE TERRACE, east side between Duboce Avenue and 14th Street; Lot 042 in Assessor's Block 2610 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 first and second floor decks at the rear of the building. The second floor deck would measure 5'-6 in depth, 11-feet in width, and 16-feet in height measured to the floor. The first floor deck would measure 6-feet in depth, 15-feet in width, and 5-feet in height measured to the floor, with an 8-feet tall solid fire wall where the deck abuts the side property line.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 32-feet measured from the rear property line. The proposed decks would extend to within 26-feet of the rear property line encroaching 6-feet into the required rear yard.


(EDGAR OROPEZA)

7. 2007.0120V: 643- 645 MINNA STREET, Lot 075 in Assessor's Block 3727, a lot on the east side of Minna Street between 7th and Julia 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, OPEN SPACE, EXPOSURE AND PARKING VARIANCES SOUGHT: The project proposes to legalize the existing ground floor dwelling unit built without benefit of a permit. No expansion to the existing building footprint is proposed.

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 20 feet is required from the first story and above. The existing rear yard of 10 feet will remain.

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.

Planning Code Section 135 requires usable open space be provided for each dwelling unit within the  RED Districts composed of an outdoor area designed for outdoor living, recreation or landscaping. The existing rear yard of approximately 250 square feet is proposed to be shared by 4 dwelling units and does not meet the minimum dimension requirements to be credited as common 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 dwelling unit does not satisfy the exposure requirement.

Planning Code Section 151 requires the addition of one (1) new off-street parking space for each new dwelling unit. Thus the proposed project results in a requirement for one (1) new off-street parking space. One parking space exists, no new off-street parking is proposed.


(ERIKA S. JACKSON)

8. 2006.1111V: 2177 BAYSHORE BOULEVARD, through lot, between Tunnel and Blanken Avenues; Lot 003 in Assessor's Block 5066B; in an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District.

REAR YARD MODIFICATION, AND EXPOSURE VARIANCE SOUGHT: The proposal is to demolish an existing commercial building and construct a new mixed use building with commercial and four residential units.

Planning Code Section 134 establishes a rear yard requirement of 25 percent of lot depth in NC Districts that shall be provided at all levels of the building in NC-1 Districts. Planning Code Section 134(e)(1) allows the rear yard requirements in NC Districts to be waived or modified. Due to the irregular lot shape, this project proposes a rear yard that is not within the exact 25 percent of lot depth line, but is comparable in area.

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. Units 1, 2, and 3 do not meet these requirements.

(TIM FRYE)

9. 2007.0217V: 1 SOUTH PARK, Lot 007 in Assessor's Block 3775, located on the southwest corner of 2nd and South Park Streets in an SSO (Service/Secondary Office) District, and a 65-X Height and Bulk District.

PARKING VARIANCE SOUGHT: Under valid permits, the Project Sponsor has begun to rehabilitate, seismically upgrade and renovate the historic warehouse building. Previous entitlements included a Zoning Map Amendment, a Certificate of Appropriateness, Conditional Use Authorization, and a Rear Yard Variance. The project was to allow the conversion of the light-industrial building to up to 35 dwelling units.

Planning Code Section 151 requires a minimum of one off-street parking space for each dwelling unit. During construction it was determined that the proposed electrical room required expansion that would eliminate one of the required thirty-five (35) off-street parking spaces. The number of independently accessible parking spaces will remain the same at fourteen (14); however, the type of automated stackers will be changed to accommodate twenty (20) cars instead of twenty-one (21). This change will reduce the overall off-street parking to thirty-four (34) spaces. The ADA off-street parking spaces will not be impacted.

B. REGULAR CALENDAR

(AARON STARR)

10. 2007.0058V: 140-142 HERMANN STREET, north side between Buchanan and Webster Streets; Lot 014 in Assessor's Block 0869, in an RH-3 (Residential, House, Three-Family) District with a 40-X Height and Bulk Designation.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a garage addition that is 13' deep by 11' wide and 9' tall at the west side of the required front setback under the existing entry stairs. The top of the new garage will be developed as a landing for the entry stairs.

Section 132 of the Planning Code requires the subject property to have a front setback depth of 15'. The proposed garage addition will be located entirely within the required front setback.

(AARON STARR)

11. 2006.1514V: 160 SHRADER STREET (AKA 2196 HAYES STREET), northeast corner of Shrader and Hayes Streets; Lot 018 in Assessor's Block 1193, in an RH-3 (Residential, House, Three-Family) District with a 40-X Height and Bulk Designation.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a 4.5' wide by 11.5' long walkway from the rear of the third story of the 2-unit building to the roof of the detached garage located at the rear of the property. The proposed walkway will be located 17.5' from the southern property line (Hayes Street), 5' from the northern property line, and 17.5' above the Hayes Street sidewalk grade. The proposal also includes installing a roof deck, which will be setback a minimum of 4' from the side and rear property lines, on top of the existing detached garage.

Section 134(c) of the Planning Code requires the subject property, which is 110' deep, to have a rear yard depth of 42'. The proposed walkway will be located entirely within the required rear yard.

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. The proposed expansion would be contrary to Section 188 of the Planning Code.

(SHAUNN MENDRIN)

12. 2007.0085V: 597 26th AVENUE, northwest corner of Anza Street and 26th Avenue; Lot 15D in Assessor's Block 1518, in an RM-1 (Residential Mixed, Low Density) District and a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a three-story horizontal addition approximately 18 feet deep and 20 feet wide at the rear of the existing house. The addition will be located on the south side of the site, adjacent to Anza Street. The addition will include an exterior stairwell for egress approximately 6 feet deep by 17 feet wide.

Section 134(a) of the Planning Code requires a minimum 37-foot deep rear yard. The addition will be located within the required rear yard, leaving approximately 22 feet for the rear yard.

(SHAUNN MENDRIN)

13. 2006.1512V: 2308 BUCHANAN STREET, east side, between Washington and Clay Streets; Lot 013 in Assessor's Block 0614, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to add a new dwelling unit within the existing basement level of a single-family home without providing the required second independently accessible off-street parking space. A tandem parking space will be provided.

Section 151 of the Planning Code requires one independently accessible parking space per dwelling unit. The proposal includes one independent off-street parking space and will add one tandem off-street parking space.

(JONAS IONIN)

14. 2007.0185V: 3001 PACIFIC AVENUE, southwest corner of Pacific and Baker Streets, Lot 001, Assessor's Block 0975, located in an RH-1(D) District (Residential, House, Single-Family, Detached) District and in a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is for the Arab Republic of Egypt's Consulate to expand the noncomplying garage structure approximately 4'-8 east, toward Baker Street and install a new bridge/walkway that will span from a new roof terrace (above the garage) and the main residence.

Planning Code Section 134 requires a rear yard equal to 25 percent of the lot depth in RH-1(D) Districts. The required rear yard is approximately 31'-10 . The subject property does not provide the required rear yard under the Planning Code. The proposed addition to the garage and almost half of the bridge/walkway would extend into the required yard.

Planning Code Section 188 does not allow the alteration or expansion of an existing non-complying structure if the alteration further increases the degree of non-compliance.

(SARA VELLVE)

15. 2006.0955V: 375 – 17th AVENUE, west side between Clement Street and Geary Blvd; Lot 017 in Assessor's Block 1449 in an RH-2 (House, Two-Family) District and a 40-X Height/Bulk.

REAR YARD, PARKING AND noncomplying structure VARIANCES SOUGHT: The proposal is to expand the rear of the existing noncomplying structure into the required rear yard. The ground floor of the structure would extend to the rear property line and the second and third floors would extend to within approximately 8 to 12 feet of the rear property line. A second unit would be established on the ground floor without the required one (1) off-street parking space.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 17 feet for the subject property, measured from the rear property line. The proposed building would extend to the rear property line at the ground floor and within approximately eight to 12 feet on the second and third floors.

Section 151 of the Planning Code requires one off-street parking space for each newly created dwelling unit. The proposal does not include the required off-street parking space for the proposed ground-floor dwelling unit.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. As a portion of the existing building encroaches into the required rear yard, it is considered a legal, noncomplying structure. The expansion as proposed would be contrary to Section 188.


(SARA VELLVE)

16. 2007.0004V: 3330 CLAY STREET: north side between Walnut Street and Presidio Avenue; Lot 007 in Assessor's Block 0997 in an RH-1 (House, One-Family) District and a 40-X Height/Bulk.

OPEN SPACE, REAR YARD AND noncomplying structure VARIANCES SOUGHT: The proposal is to expand the top-floor apartment by enclosing the approximately 365 square foot deck at the northwest corner of the structure. The northeast corner of the apartment would be cut back to create an approximately 5' by 18' deck. The apartment would not be enlarged beyond the existing building walls.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 32 feet for the subject property, measured from the rear property line. The proposed building addition would extend to within 15 feet of the rear property line and encroach into the required rear yard.

Section 135 of the Planning Code requires the width of a deck to be a minimum of six feet in depth if it is to be counted as the required open space. The proposed deck is approximately five feet in depth.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. As a portion of the existing building encroaches into the required rear yard, it is considered a legal, noncomplying structure. The expansion as proposed would be contrary to Section 188.

(APRIL HESIK)

17. 2007.0063V: 1094-1096 UNION STREET (AKA 2022-2024 LEAVENWORTH STREET), northeast corner of the intersection of Union and Leavenworth Streets, Lot 009 in Assessor's Block 0098, within an RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District. The subject property contains two buildings, with 1094-1096 Union Street located on the front portion of the lot and 2022-2024 Leavenworth Street located on the rear portion of the lot.

REAR YARD VARIANCE SOUGHT: The proposal is to alter the rear building at 2022-2024 Leavenworth by constructing an addition to an existing rooftop sunroom and partially filling in a ligthwell at the interior property line. The sunroom would be expanded by approximately 242 square feet, and the lightwell would be reduced by approximately 17 square feet.


Section 134 of the Planning Code requires a minimum rear yard depth of 28'-2 for the subject property, measured from the rear property line. The proposed addition to the sunroom would extend to within 19'-10 of the rear property line, encroaching 8'-4 into the required rear yard. The proposed building expansion into the lightwell would extend to within 25'-2 of the rear property line, encroaching 3'-0 into the required rear yard.

(MICHAEL LI)

18. 2007.0131V: 210-210 ½ ROSE STREET (AKA 231-233 PAGE STREET), north side between Laguna and Octavia Streets; Lot 022 in Assessor's Block 0852 within an RH-3 (Residential, House, Three-Family) District and a 80-B Height and Bulk District.

MINIMUM LOT AREA AND REAR YARD VARIANCES SOUGHT: The proposed project is the subdivision of a through lot into two smaller lots. The subject lot is occupied by two separate buildings containing a total of four dwelling units. Following the proposed subdivision, the southern parcel fronting Rose Street lot will contain one building with a total of two units, and the northern parcel fronting Page Street lot will contain one building with a total of two units.

Section 121(e) of the Planning Code requires a minimum lot area of 2,500 square feet. The Rose Street lot would be approximately 1,295 square feet, and the Page Street lot would be approximately 1,705 square feet.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15 feet for the Rose Street lot and approximately 17' 6 for the Page Street lot, measured from the rear property lines. The proposed subdivision would result in two new lots, each of which would have a building that would encroach into the required rear yard.

Section 135 of the Planning Code requires 100 square feet of private usable open space or 133 square feet of common usable open space for each dwelling unit. All usable open space must meet certain minimum dimensions. All four units on the subject property currently have access to usable open space. The proposed subdivision will not impact the existing usable open space.

(EDGAR OROPEZA)

19. 2006.1521V: 1145 WISCONSIN STREET, Lot 034 in Assessor's Block 4220, a lot on the east side of Wisconsin Street between Connecticut and 25th Streets in the RH-2 (Residential House, Two Family) Zoning District, and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The project proposes to legalize an accessory building built without benefit of a permit within the last 15 feet of the required rear yard. No new construction is proposed.

Planning Code Section 134(C)(2) requires that all properties within the RH-2 District have a minimum rear yard of 45% of the total depth of the lot on which the building is located, or 45 feet for the subject property. The existing accessory building measuring approximately 14 feet deep by 23 feet wide and 9 feet tall is within the last 15 feet of the required rear yard and abuts the rear property line. The existing courtyard (open space between both buildings) is approximately 900 total square feet measuring 36 feet deep by 25 feet wide.

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