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Seal of the City and County of San Francisco
City and County of San Francisco
June 27, 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, JUNE 27, 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, June 27, 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.

(SHARON YOUNG)

1. 2007.0429V: 1024 SHRADER STREET, east side between Carl Street and Parnassus Avenue, Lot 016 in Assessor's Block 1272 in an RH-3 (House, Three-Family) Zoning District and a 40 X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a new one-story rear deck and exit stairs at the rear of the two-story over basement, single-family dwelling. The proposal will involve the removal of an existing balcony (approximately 6 feet wide by 5 feet deep by 3 feet high) at the first floor level and constructing a new rear deck and exit stairs in its place. The new rear deck and exit stairs (approximately 9 feet deep by 16 feet wide by 10 feet above grade) will be set back 3 feet from the north property line and 6 feet from the south property line. Thus, the new deck will be 10 feet wider and 4 feet deeper than the existing balcony.

Section 134 of the Planning Code requires a rear yard area in an RH-3 Zoning District to be equivalent to 45 percent of the total lot depth, or when using averaging, no less than 25 percent of the lot depth or 15 feet, whichever is greater. The subject property, which is located on an irregularly shaped lot, has a lot depth of 100 feet on the north side of the lot and 125 feet on the south side of the lot. The required rear yard for the subject property is 45 feet on the north side of the lot and approximately 56 feet on the south side of the lot. Although a portion of the proposed rear deck and exit stairs could extend into the required rear yard as a permitted obstruction on the south side of the lot, a portion of the proposed rear deck and exit stairs will extend approximately 8 feet into the required rear yard on the north side of the lot.

Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure. Because the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure. Because a portion of the existing building already encroaches into the required rear yard on the north side of the lot, it is considered a legal noncomplying structure. Therefore, the proposed expansion with the construction of a new rear deck and exit stairs would be contrary to Section 188 of the Planning Code.

(KATE CONNER)

2. 2007.0346V: 984 ASHBURY STREET, east side between Clifford Terrace and Piedmont Street; Lot 029 in Assessor's Block 2617 in an RH-2 (Residential House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct stairs, and deck within the required rear yard. The subject property is non-conforming in terms of rear yard.

Section 134 of the Planning Code requires a minimum rear yard of 32 feet. The proposed deck and stairs are located entirely within the required rear yard. The proposed deck is 12-feet six-inches from the rear property line, encroaching approximately 10 feet into the required rear yard.

Section 188 of the Planning Code does not permit expansion or modification of a non-complying structure. The subject building is considered a legal noncomplying structure because the existing rear six feet of the dwelling encroaches into the required rear yard. The proposal also includes the removal of a balcony, constructed without benefit of permit, which is located in the same area as the proposed deck. The enlargement of the noncomplying building is contrary to Section 188 and requires a Variance.

(SOPHIE MIDDLEBROOK)

3. 2007.0390V: 200 RANDALL STREET (98 Whitney Street), on the north side of Randall Street, at the corner of Whitney and Randall Streets; Lot 027 in Assessor's Block 6654 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to remove the existing rear stairs and to construct a deck at the second story at the rear of the subject property.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 27' in length. The proposed new deck encroaches approximately 6' into the required rear yard, thereby providing a rear yard that measures approximately 21' in length.

(SOPHIE MIDDLEBROOK)

4. 2007.0471V: 1230-1234 SANCHEZ STREET, on the west side of Sanchez Street, between 25th and Clipper Streets; Lot 005A in Assessor's Block 6548 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a two-story horizontal rear addition by filling-in an existing notch in the northwest corner of the subject building. The proposed project also includes rebuilding the existing non-conforming rear stairs.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 46' in length. The proposed two-story horizontal addition would encroach approximately 14'6 into the required rear yard, thereby providing a rear yard that measures approximately 31'6 in length. The proposed addition will not extend beyond the depth of the existing rear bay.

(CECILIA JAROSLAWSKY)

5. 2007.0395V: 1683 - 8TH AVENUE, west side, between Lawton and Moraga Streets; Lot 18 in Assessor's Block 1935 in an RH-1 (House, One-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to demolish and rebuild an existing 20-foot wide by 20-foot deep, two car garage, which fronts on a service alley, within the required rear yard of a through lot and rebuild an existing rear stairs.

Section 134 of the Planning Code requires a minimum rear yard of 25 feet, where 0 has been proposed; therefore, the construction of the two-car garage would be contrary to Section 134 and would require a Variance.

(CECILIA JAROSLAWSKY)

6. 2006.0754V: 1710 - 8TH AVENUE, east side, between Moraga and Noriega Streets; Lot 12 in Assessor's Block 2042 in an RH-2 (House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD AND PARKING VARIANCE SOUGHT: The proposal is to excavate below the existing garage and create a new level of habitable space, remodel the existing interior three-level, single-family dwelling, add a rear deck and convert the structure from a one-family dwelling to a two-family dwelling with one parking space, on a severely downward sloping lot.

Section 134 of the Planning Code requires a minimum rear yard of 45 feet, where 26 has been proposed; therefore, the construction of the rear decks would be contrary to Section 134 and would require a Variance.

Section 151 of the Planning Code requires one parking space per dwelling unit requiring two, on-site parking spaces where one is proposed; therefore, the addition of the dwelling unit without the parking space would be contrary to Section 151 and would require a Variance.

(MICHAEL LI)

7. 2005.0930V: 1355 PACIFIC AVENUE, south side between Hyde and Leavenworth Streets, Lot 031 in Assessor's Block 0184 within an NC-2 (Small-Scale Neighborhood Commercial) District and a 65-A Height and Bulk District.

REAR YARD MODIFICATION AND DWELLING UNIT EXPOSURE VARIANCE SOUGHT: The proposed project is the demolition of the existing two-story industrial building and the construction of a four-story-over-basement, 53-foot-high building containing 23 dwelling units and a garage with 24 parking spaces.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 34' 5 for the subject property, measured from the rear property line. Instead of a yard at the rear of the subject property, the project will provide a yard along the western side of the proposed building beginning at the second floor.

Section 140 of the Planning Code requires every dwelling unit in every use district to face either a public street, a public alley at least 25 feet in width, a rear yard meeting the requirements of this Code, or an open area at least 25 feet in every horizontal dimension for the floor at which the dwelling unit in question is located and the floor immediately above it, with an increase in five feet in every horizontal dimension at each subsequent floor. Fifteen of the proposed dwelling units will not provide the required exposure.

(BEN FU)

8. 2007.0345V: 60 PEARL STREET, west side, between Duboce Avenue and Market Street; Lot 051 in Assessor's Block 3502, in a RM-1 (Residential, Mixed, Low Density) District with a 105-E Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a new rear deck at the first floor to the rear of the existing two-story over garage, three-family dwelling.

Planning Code Section 134(c)(2) requires a minimum rear yard depth of 45 percent of the lot depth. The requirement may be reduced by averaging the depth of the adjacent buildings. The subject property has a required rear yard depth of approximately 26 feet. The existing building encroaches approximately seven feet into the required rear yard, leaving an existing rear yard of approximately 19 feet. The project proposes the construction of a new deck at the first floor above the ground floor garage and rooms. The new deck of approximately six feet wide by nine feet deep would be approximately eight feet above grade, leaving a rear yard of approximately ten feet from the deck and up to 19 feet elsewhere.


B. REGULAR CALENDAR

(MARY WOODS)

9. 2007.0282V: 1967 CLAY STREET, south side between Gough and Franklin Streets; Lot 103 (formerly Lot 11A) in Assessor's Block 0624, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The lot is approximately 28 feet wide by 127 feet deep, containing approximately 3,600 square feet. The existing four-unit condominium building is four stories at the front and three stories at the rear, which extends to within approximately 30 feet of the rear property line.

REAR YARD SETBACK AND NON-CONFORMING STRUCTURE VARIANCES SOUGHT: The proposal is to replace an existing third floor metal deck (approximately 3 feet deep by 12 feet wide) with a new wooden deck (approximately 6 feet deep by 10 feet wide) and railing at the rear of the existing three-story building.

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 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 32 feet. The existing rear yard measures (from the rear lot line) approximately 30 feet to the rear façade of the building. The proposed deck replacement would be located entirely within the required rear yard, and would be approximately 24 feet from the rear lot line.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building already encroaches into the required rear yard setback, it is considered a legal, non-complying structure. The proposed deck replacement is considered an expansion of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(AARON STARR)

10. 2007.0321V: 1902 GREEN STREET, north side between Laguna and Buchanan Streets; Lot 005 in Assessor's Block 0542, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.


REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: There are two buildings on the lot. The proposal is to extend the rear, west side of the single-family house at the front of the lot approximately 6' toward the west side property line and reduce the depth of the building by approximately 4'. This would essentially widen the rear portion of this building to that same width as the rest of the building leaving an approximately 6' side setback at the western side of the property. The proposal also includes a fire escape that will extend approximately 3.5' into the rear yard.

Section 134(c) of the Planning Code requires the subject property to have a rear yard equal to approximately 26'. Because the subject property has two structures, one at the front of the lot and one at the rear, the required rear yard may be located between the two buildings. Approximately 16' of the proposal is within the required rear yard. The proposal would leave approximately 10' between the two buildings.

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 project would be contrary to Section 188(a).

(AARON STARR)

11. 2007.0376V: 640-642 WALLER STREET, north side between Scott and Pierce Streets; Lot 011 in Assessor's Block 0862, 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 demolish the existing unenclosed 12' deep by 3.5' wide rear access stairs at the west side property line, and replace them with an 11' deep by 7.5' wide enclosed staircase along the west side property line at the rear of a two-unit building. The roof of the new stairs will be approximately 18.5' above grade at the highest point adjacent to the subject building, and angle down with the slope of the stairs until it reaches approximately 10.5' above grade.

Section 134(a)(2) of the Planning Code requires the subject property to have a rear yard equal to 45% of the lot depth, or approximately 62'. The proposed staircase 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 project would therefore be contrary to Section 188(a).

(SHARON YOUNG)

12. 2007.0375V: 751 - 753 COLE STREET, southwest corner of Cole and Beulah Streets, Lots 029 and 030 in Assessor's Block 1261 in an RH-3 (House, Three-Family) Zoning District and a 40 X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a new roof deck and exit stairs at the rear of the three-story over basement, two-family dwelling. The proposal will involve (1) the construction of a new roof deck (approximately 21.5 deep wide by 11.5 feet deep) above the second story level at the rear, which includes removing a portion of the sloped roof and rear dormer to create a level deck surface, thereby lowering the overall height of the existing rear extension 3.5 feet from 37.5 feet to 34 feet; and (2) the replacement of existing rear exit stairs which extend from the basement to the first story levels (approximately 3 feet deep by 11 feet wide by 8.5 feet above grade) with new stairs which extend from the basement to the second story levels. The new stairs, approximately 3.5 feet deep by 25 feet wide by 19.5 feet above grade, will abut the side property lines on the corner lot. To meet the current Building Code requirements, the proposal will also include the construction of a new rear exit door at the 2nd story level that will provide access to the new stairs, and a one-hour fire rated wall along that portion of the stairs adjacent to the south property line to a height of approximately 11 feet above grade that is not the subject of this variance.

Section 134 of the Planning Code requires a rear yard area in an RH-3 Zoning District to be equivalent to 45 percent of the total lot depth, or when using averaging, no less than 25 percent of the lot depth or 15 feet, whichever is greater. The subject property, with a lot depth of 80 feet, has a required rear yard of 20 feet. The proposed roof deck above the second story level will extend approximately 6.5 feet into the required rear yard. The proposed exit stairs will extend approximately 13 feet into the required rear yard.


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

(AARON HOLLISTER)

13. 2007.0130V: 1 MONTAGUE PLACE, on the south side of Montague Place between Union and Green Streets, Lot 009 in Assessor's Block 0114, within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a garage extension at the ground-floor level of the existing building. The garage would extend approximately 8' from the rear of the building, with a width of 15' and a height of approximately 6' above grade.

Section 134 of the Planning Code requires a minimum rear yard depth of 15' for the subject property, measured from the rear property line. The proposed garage extension would extend to within 7' of the rear property line, encroaching 8' into the required rear yard.

(BEN FU)

14. 2007.0420V: 3119HARRISON STREET, east side, between Precita Avenue and Cesar Chavez Street; Lot 001H in Assessor's Block 5504, in a RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation, and within the Bernal Heights Special Use District.

PERMITTED OBSTRUCTION AND OFF-STREET PARKING VARIANCES SOUGHT: The proposal is to demolish the existing garage and storage structure and construct a new three-story, two-unit residential building with a below grade garage.

Planning Code Section 136(c)(2), (3) sets the requirement for the maximum bay window envelope. The project has no required front setback. The proposed bay window is approximately 5'-0 wider than the permitted envelope.

Planning Code Section 242 requires seven off-street parking spaces for new construction with usable floor area between 5,851 to 6,850 square feet. The project proposes six parking spaces for a total area of approximately 6,000 square feet. Thus, requiring a Variance for one parking space.

(TIM FRYE)

15. 2005.0725V: 309 RUTLEDGE STREET, located between 24th & 25th Streets; Lot 029 in Assessor's Block 5541, in an RH-1 (Residential, House, Single-Family) District, and Bernal Heights Special Use District.

REAR YARD AND MASS REDUCTION, VARIANCES SOUGHT: The proposal is to remove the last 26-feet of the subject dwelling, construct a rear addition, and restore and rehabilitate the remainder of the historic structure.

Planning Code Section 242(e)(2)(A) requires that lots which have a depth greater than 70 feet may not have buildings deeper than 45.5 feet measured from the front property line and that the remainder of the lot shall be used for rear yard. The current building depth is approximately 61-feet and provides a rear yard of approximately 13.5-feet. The required rear yard for the subject property is 29.5-feet. The proposal is to maintain the significant portions of the historic structure and construct a rear addition that will result in a building depth of approximately 69-feet and a rear yard setback of approximately 6.5-feet.

Planning Code Section 242(e)(3) requires that a total of 650 square feet of usable floor area must be deleted from the exterior of the building, causing a reduction in square footage as well as building volume. With the retention of the majority of the historic structure, the maintenance of the side yard, and the creation of a courtyard between the historic structure and the new addition, a total of 897 square feet have been eliminated from the code-complying buildable envelope identified by the Planning Code. However, as the new addition projects into the required rear yard adding an additional 1,056 square feet to the proposal, the project seeks a variance from mass reduction requirement.

PARKING WAIVER: Planning Code Section 242(e)(4)(A)(iii) states that if one or more alterations add over 400 square feet of usable floor area and the total usable floor area of the building is between 1,651 and 2,250 square feet, a total of two parking spaces is required. One or both of these required spaces may be waived by the Zoning Administrator. The structure has an unaltered historic facade as determined by the Planning Department and the owner has conveyed a facade easement to the San Francisco Architectural Heritage foundation. A waiver of two spaces is proposed.

(EDGAR OROPEZA)

16. 2007.0326V: 2 JOY STREET, northwest corner of Joy Street & Holladay Avenue; Lot 002 in Assessor's Block 5575, in an RH-1 (House, One-Family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.

REAR YARD AND SCREENING OF PARKING AREA VARIANCES SOUGHT: The project is to add one curb cut and off-street unscreened parking space within the required rear yard of the property.

Planning Code Section 242(e)(2)(a) requires lots of 70 feet or greater provide 45.5 feet of open space measured from the rear lot line. The project proposes a new curb cut and off-street parking space within the required rear yard.

Planning Code Section 142 requires every off-street parking space where not enclosed by solid building walls be screened from view from all streets and alleys through use of garage doors or by some other means. The project proposes an unscreened parking space within the required rear yard.

(EDGAR OROPEZA)

17. 2007.0449V: 78 PERALTA STREET, north side between York & Hampshire Streets; Lot 011A in Assessor's Block 5513, in an RH-2 (House, Two-Family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.

PARKING VARIANCE SOUGHT: The project is to maintain the existing two-dwelling units on the property. A variance was granted in 1998 to legalize the second unit, on condition that the current owner lives on the property. The proposed variance would remove this condition.

Planning Code Section 242(e)(4) requires two independently accessible off-street parking spaces when a building's total usable floor area is between 1301 to 2250 square feet. The subject building has approximately 1,750 square feet of usable floor area. No off-street parking is proposed.

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