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December 10, 2008

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, DECEMBER 10, 2008

Session Begins at 9:30 A.M.

Public Hearing

Lawrence Badiner, Zoning Administrator

Sonya Banks, 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, December 10, 2008, 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.

(MICHAEL SMITH)

1. 2008.1194V: 542 ULLOA STREET, north side between Granville and Kensington Ways; Lot 003 in Assessor's Block 2975 in a RH-1(D) [Residential, House, One-Family (Detached)] Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a two-story horizontal addition at the rear of the building. The addition would measure 3'-6 in depth, 7'-4 in width, and 18'-9 in height.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 21-feet measured from the rear property line. The proposed addition would extend to within approximately 17-feet of the rear property, encroaching 4-feet into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure in a manner that would increase the degree of noncompliance. Because the rear portion of the building already encroaches approximately one-foot into the required rear yard, it is a legal noncomplying structure. Therefore constructing an addition that would further encroach into the required rear yard is contrary to section 188 of the Code.

(SOPHIE MIDDLEBROOK)

2. 2008.1233V: 70 DOUGLASS STREET on the west side of Douglass Street, between 17th Street and Ord Court; Lot 007A in Assessor's Block 2625 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

MINIMUM LOT SIZE AND REAR YARD VARIANCES SOUGHT: The proposal is to split the existing through-lot into two legal lots, with one single-family home on each of the lots. The existing lot configuration includes access from both Douglass Street and Ord Street, and two structures: an existing non-conforming structure that was determined to be an historic resource, currently undergoing rehabilitation, and a new, single-family home at the front of the subject lot currently under construction. The current proposal for a lot split does not include any construction, expansion, or alteration to either of the two structures on the subject lot.

Section 121 of the Planning Code requires that the minimum lot area within the RH-2 Zoning Districts be 2,500 square feet. The existing, single lot measures approximately 3,690 square feet. With the proposed lot split, the rear lot would measure approximately 2,430 square feet, and the front lot would measure approximately 1,260 square feet.

Section 134 of the Planning code requires a rear yard that measures 45% of the depth of the lot. In 2007, Variance 2006.0336V granted permission for the expansion of the existing non-conforming structure at the rear of the subject lot, and the construction of a new structure at the front of the lot while maintaining a clear 34' open courtyard between the two structures and a 4' wide side setback from the north property line. With the proposed lot split, the front lot will maintain a rear yard that measures approximately 15' in length, or 28% of the length of the lot.

(TOM WANG)

3. 2008.1219V: 1383-1385 CHURCH STREET, on the east side of Church Street between 26th and Clipper Streets; Lot 023 in Assessor's Block 6551 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is for the removal of the first and second floor decks and the construction of an in-kind replacement of both decks, at the rear of the existing two-story over garage, two-family dwelling. A stairway would also be proposed to connect the first floor deck to the rear yard.

Section 134 (c)(1) of the Planning Code requires a rear yard of approximately 29 feet, measured from the rear property line, for the subject lot. Both of the replacement decks and the new stairway would encroach 6 feet into the required rear yard to within approximately 23 feet of the rear property line.

Section 188 of the Planning Code prohibits the reconstruction after demolition of a noncomplying structure except in full conformity with its requirements. The existing decks and stairs, which are already within the required rear yard, are considered legal, noncomplying structures. Therefore, the proposed decks would result in the reconstruction of noncomplying structures.

B. REGULAR CALENDAR

(CHRISTINE LAMORENA)

4. 2008.0373: 859 – 46TH AVENUE, on the west side between Cabrillo and Fulton Streets, Lot 015 in Assessor's Block 1689 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Off-Street Parking Variance: The proposal is to legalize the creation of a second dwelling unit on the ground floor of the three story, single-family dwelling without an off-street parking space.

Section 151 of the Planning Code requires one full-size parking space for each newly created dwelling unit. No off-street parking space is proposed for the proposed second dwelling unit.

(MICHAEL SMITH)

5. 2008.0012V: 3255 MARKET STREET, northwest corner at Caselli Avenue; Lot 007 in Assessor's Block 2703 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a one-story vertical addition on a single-family dwelling. The addition would be set back nine-feet from the rear building wall with a roof deck within the setback area. The proposal includes enlarging the existing third floor deck at the rear of the building and adding stairs to connect it to the deck below.

Section 134 of the Planning Code requires a minimum rear yard depth of 15-feet measured from and parallel to the rear property line. The proposed addition would extend to within approximately 12-feet of the rear property, encroaching 3-feet into the required rear yard. The proposed deck expansion would extend to within one-foot of the rear property, encroaching 14-feet into the required rear yard.

Section 188 of the Planning Code prohibits the enlargement of a noncomplying building in a manner that would increase the degree on nonconformance. Because the rear portion of the building and the attached decks already encroach as much as 9-feet and 14-feet respectively into the required rear yard, it is a legal noncomplying structure. Therefore their enlargement in height and depth respectively are contrary to section 188 of the Code.

(ADRIAN PUTRA)

6. 2008.1177V: 253 SANCHEZ STREET, on the east side of Sanchez Street, between 15th Street and 16th Street; Lot 029 in Assessor's Block 3558 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to demolish and rebuild in-kind, an existing one-story storage structure, which is located within the required rear yard area of the subject property. The existing storage structure located within the required rear yard, has a building footprint of approximately 525 square-feet (21 feet by 25 feet), and a maximum height of approximately 11 feet above grade.

Section 134 of the Planning Code requires that the subject property maintains a rear yard of approximately 52 feet in lot depth. The existing storage structure which is to be demolished and rebuilt in-kind is located within this required rear yard.

Section 136(a)(G)(23) of the Planning Code allows structures commonly used in gardening activities, such as greenhouses and sheds for storage of garden tools, if no more than eight feet in height above grade and covering no more than 100 square feet of land.

(ADRIAN PUTRA)

7. 2008.0854V: 688-690 DOUGLASS STREET, on the west side of Douglass Street, between Alvarado Street and 23rd Street; Lot 008 in Assessor's Block 2802 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard and Dwelling Unit Exposure Variances: The subject property contains a single-family house that fronts on Douglass Street and has an authorized use as a two-unit residential house. The project is to construct a new single-family house at the rear of the subject property to act as a replacement dwelling unit for the dwelling unit that was removed without a permit from the existing building. The proposed single-family dwelling will be located at the rear of the subject property and will be approximately 21 feet deep, 25 feet wide, and will have a height of 15 feet above grade.

Section 134 of the Planning Code requires in the situation where there is a legally existing dwelling at the front and rear of the subject lot that the minimum yard depth between the two buildings is 25 percent of the subject lot depth or 15 feet, whichever is greater. Construction of the proposed single-family house will result in a minimum yard depth of approximately 17.5 feet between dwellings units on the subject property, where 25 feet is required.

Section 140 of the Planning Code requires each dwelling unit to have windows face directly on an unobstructed open area that is no less than 25 feet in every horizontal dimension. The proposed single-family house to be placed at the rear of the subject property faces an open area that is approximately 17.5 feet in depth where 25 feet is required.

(TIM FRYE)

8. 2008.1113V: 1001 CALIFORNIA STREET, southwest corner of California and Mason Streets, Assessor's Block, 0254, Lot 080. The subject property is within an RM-4 (Residential, Mixed) District with a 65-A Height and Bulk District and within the Nob Hill Special Use District.

Useable Open Space Variance: The proposal is to convert the existing ground-floor commercial space to two (2) residential units without code-complying open space.

Section 135 of the Planning Code requires 36 square feet of private open space or 48 square feet of common open space be provided for each dwelling unit. The subject building has full lot coverage and no open space is proposed as part of the project.

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 10:00:45 PM