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Seal of the City and County of San Francisco
City and County of San Francisco
April 22, 2009

PLANNING DEPARTMENT

CITY AND COUNTY OF

SAN FRANCISCO

Notice of Hearing on Application

For Zoning Variance

CITY HALL - Room 408

1 Dr. Carlton B. Goodlett Place

Wednesday, APRIL 22, 2009

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 Planning Code as

described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, April 22, 2009, 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.

(MARY WOODS)

1. 2009.0131V: 121 - 5th AVENUE, on the west side between Lake and California Streets; Lot 002 in Assessor's Block 1365 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The lot measures approximately 25 feet wide by 120 feet deep, with a 10-foot legislated front setback. It contains a three-story single-family house.

Rear Yard Setback Variance: The proposal is to (1) construct a second floor deck and stairs at the rear of the building, and (2) add a roof deck at the top of the second floor roof at the rear, including a one-hour fire-rated wall at rail height extending the width of the deck at the north property line.

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. The required rear yard for the subject property would be approximately 54 feet. The proposed second floor deck and stairs and the third floor deck would extend approximately 12 feet into the required rear yard, leaving an open area of approximately 42 feet.

(MICHAEL SMITH)

2. 2009.0125V: 125 MOUNTAIN SPRING AVENUE, south side at Glenbrook Avenue; Lot 014 in Assessor's Block 2708 in a RH-1(D) (Residential, House, One-Family (Detached) Zoning District and a 40-X Height and Bulk District.

Front Setback Variance: The proposal is to widen and extend the front deck closer to the front property line. The deck would be widened by approximately four-feet to align with the west edge of the building, extended 1'-3 closer to the front property line, and its railing would be changed.

Section 132 of the Planning Code requires a minimum front setback depth of approximately 14'-3 measured from the front property line. The proposed extension would extend the deck to within nine-feet of the front property line encroaching 5'-3 into the required front setback.

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 front deck already encroaches four-feet into the required front setback, it is a legal noncomplying structure. Therefore extending the deck further into the required front setback is contrary to section 188 of the Code.

(CECILIA JAROSLAWSKY)

3. 2009.0001V: 1239 32nd Avenue, on the west side of 32nd Avenue, between Lincoln Way and Irving Street; Lot 008 in Assessor's Block 1718 in an RH-1(D) (House, One-Family (Detached Dwellings)) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to rebuild the existing one-car garage, located entirely within the required rear yard.

Section 133 of the Planning Code requires that the subject property maintain side yards of three feet each. The proposed one-car garage would be built to the southern side property line and would require the approval of a Variance.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 30' in length. The proposed one-car garage encroaches into the required rear yard and would require the approval of a Variance.

(SHARON LAI)

4. 2009.0123V: 289 Magellan Avenue, on the east side of Magellan, between Pacheco and Plaza Streets; Lot 026 in Assessor's Block 2864 in an RH-1(D) (Residential, House, Detached Single-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to replace a first floor rear deck within the required rear setback, without increasing the footprint of the structure.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 25-feet in depth, where currently a non-conforming rear yard of 17-feet, 6-inches is provided for the single-family house. The proposed second floor deck will have a smaller footprint than the existing deck and will provide an approximately 20-foot rear yard. This rear yard encroachment requires a variance from Planning Code Section 134.

(ELIZABETH WATTY)

5. 2006.1453V: 45 WEST PORTAL AVENUE, on the east side between Ulloa and Vicente Streets; Lot 026 in Assessor's Block 2979A in the West Portal Neighborhood Commercial District and a 26-X Height and Bulk District.

Rear Yard Variances Sought: The proposal is to locate an equipment enclosure for a Verizon Wireless telecommunications facility within the rear yard of the subject property. The equipment enclosure and related conduits will be located adjacent to an existing Metro PCS wireless telecommunications equipment enclosure, although the subject enclosure encroaches into the required rear yard and necessitates a rear yard variance.

Section 134(a)(1)(A) of the Planning Code requires a rear yard of approximately 30'-0 , measured parallel to the rear property line, at grade level and at each succeeding level of the building. The proposed Verizon Wireless mechanical equipment area would measure approximately 14'-0 deep, 8'-0 wide, by 8'-0 tall, and be located at grade within the rear yard along the southern property line, directly behind the existing Metro PCS equipment area. The Verizon equipment area would encroach approximately 12'-0 into the required rear yard, extending to within 18'-0 of the rear property line. This encroachment necessitates a variance from the rear yard provisions of the Planning Code.

B. REGULAR CALENDAR

(AARON STARR)

6. 2009.0121V: 2887 BUSH STREET, on the south side between Baker and Lyon Streets; Lot 026 in Assessor's Block 1054 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to reconstruct, in-kind and extent an existing 3-story deck and stair structure that is located within the required rear yard of this 3-story, 2-unit building. This proposal seeks to legalize work that is already complete.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that equals 45% of the lot depth or the average of the adjacent building. The required rear yard for this property measures 24' in depth. The proposed deck is located entirely within the required rear yard.

(SARA VELLVE)

7. 2009.0181V: 626, 626A, 628 COLE STREET, east side between Haight and Waller Streets; Lot 018 in Assessor's Block 1247 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to remove the existing rear egress stairs and decks, and to construct new decks, stairs and solid property-line fire walls at the rear of the three-story three-unit building.

Section 134 of the Planning Code requires that the subject property maintain a rear yard of approximately 35 feet in depth from the rear property line. The proposed new decks and stairs would project approximately 6 feet into the required rear yard.

(MICHAEL SMITH)

8. 2009.0098V: 1090 DOLORES STREET, west side between 23rd and 24th Streets; Lot 011 in Assessor's Block 3649 in a RM-1 (Residential, Mixed, Low-Density) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a one-story detached garage at the rear property line. The garage would be 25' in width, extending from side property line to side property line, and 24-feet in depth measured from the rear property line. The garage would measure 15'-3 to the roof deck railing at its tallest point and have a roof deck on top that is surrounded by a privacy screen that extends above the roof deck railing. There would be seven-feet of open space between the garage and the rear of the building with an elevated catwalk connecting the roof deck to a one-story deck at the rear of the building.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 36-feet measured from the rear property line. The proposed garage would extend to the rear property, encroaching 36-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 five-feet into the required rear yard, it is a legal noncomplying structure. Therefore constructing a garage addition that would extend further into the rear yard is contrary to section 188 of the Code.

(MICHAEL SMITH)

9. 2008.1230V: 4021 20TH STREET, south side between Sanchez and Noe Streets; Lot 086 in Assessor's Block 3604 in a RH-1 (Residential, House, One-Family) Zoning District, the Dolores Heights Special Use District, and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to relocate the existing cottage at the rear of the lot, enlarge the building's footprint and rehabilitate it in the process. A horizontal addition would be constructed at the side of the building that would increase its width by 3'-3 . The cottage would be moved forward approximately two-feet and moved to the east approximately ten-feet. The result of the building addition and relocation would create a 3'-6 yard behind the cottage and 11'-3 yards on both sides of the cottage. The project also proposes to remove a second floor addition.

Section 241 of the Planning Code requires a minimum rear yard depth of approximately 51'-4 measured from the rear property line. The proposed addition and relocation of the rear cottage would extend to within 3'-6 of the rear property line, encroaching approximately 48-feet into the required rear yard.

Section 188 of the Planning Code prohibits the expansion or relocation of a noncomplying structure in a manner that would increase the degree of noncompliance. Because the rear cottage already encroaches into the required rear yard, it is a legal noncomplying structure. Therefore moving the building and constructing an addition that would increase the degree of noncompliance is contrary to section 188 of the Code.

(MICHAEL SMITH)

10. 2009.0155V: 3987 20TH STREET, south side between Church and Sanchez Streets; Lot 055A in Assessor's Block 3605 in a RH-1 (Residential, House, One-Family) Zoning District, the Dolores Heights Special Use District, and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a three-story addition with a roof deck at the rear of the building. The addition would extend the building depth by 5'-6 , measure approximately 31'-6 above grade, and includes spiral stairs at the rear. The roof deck includes a glass wind screen that extends 3'-6 above the railing.

Section 241 of the Planning Code requires a minimum rear yard depth of approximately 38'-6 measured from the rear property line. The proposed addition would extend to within 26'-6 of the rear property, encroaching 12-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 six-feet into the required rear yard, it is a legal noncomplying structure. Therefore constructing an addition that would extend further into the rear yard is contrary to section 188 of the Code.

(SHARON LAI)

11. 2008.1178V: 1344 Clayton Street, on the east side of Clayton Street, fronting also on Corbett Avenue as a through-lot, cross street is Deming Street; Lot 015 in Assessor's Block 2660 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal seeks a variance to construct an additional dwelling unit, by replacing an existing detached garage structure fronting on Corbett Avenue with a four-story single family home.

Section 134 of the Planning Code requires that the subject property maintain a rear yard of 45% of the lot depth, 52-feet. The new dwelling unit, fronting on Corbett Avenue, is proposed to be located entirely within the required rear yard. The new dwelling unit footprint proposes to be approximately 57-feet deep, leaving a distance of 18-feet between the two structures. Approximately 51-feet of the proposed dwelling is located within the required rear yard, thus requiring a variance from Planning Code Section 134.

(ELIZABETH WATTY)

12. 2009.0177V: 103 RANDALL STREET, at the southwest corner of Chenery Street; Lot 001 in Assessor's Block 6663 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Noncomplying Structure Variances Sought: The proposal is to legalize a third-floor horizontal expansion and roof deck with solid parapet walls that encroach into the required rear yard. The existing mixed-use structure is noncomplying with regard to the required rear yard. The construction of a third-floor horizontal addition and a roof deck with solid railings increases the structure's degree of noncompliance by creating additional volume within the required rear yard.

Section 134 (a) (2) of the Planning Code requires a rear yard of approximately 27'-0 , measured from and parallel to the rear property line (perpendicular to Randall Street). The existing building (at the first two floors) extends to the rear property line, encroaching 27'-0 into the required rear yard. The addition proposed for legalization extends approximately 9'-0 into the required rear yard, and the roof deck located on top of the 2nd floor roof contains solid railings around all three sides, which is an encroachment of approximately 18'-0 . Both alterations are considered rear yard encroachments and necessitate rear yard variances.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure that increases the structure's degree of noncompliance. The rear portion of the existing structure is noncomplying as the lower two levels encroach 27'-0 into the required rear yard. The roof deck railings and expansion of the third-story toward the rear of the lot increase the structure's degree of noncompliance and thus require noncomplying structure variances.

(RICK CRAWFORD)

13. 2008.0673V: 71 Granada Avenue on the west side of Granada Avenue, between Grafton and Lake View Avenues; Lot 004 in Assessor's Block 7016 in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct additions to the rear and side of the existing dwelling that will encroach into the required rear yard. The rear addition will extend to the rear property line. An addition proposed to the front of the building and a partial second floor addition are not subject to this request.

Section 134 of the Planning Code requires that the subject property maintain a rear yard of 0 feet where 28 feet are required.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure that increases the structures degree of noncompliance.

(TOM WANG)

14. 2009.0190V: 1270 Sanchez Street(Bethany United Methodist Church), on the southwest corner of Sanchez and Clipper Streets; Lot 001 in Assessor's Block 6553 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to expand the second floor along the west lot line and around the southwest corner, at the existing two-story over basement church. The proposed second floor expansion would include additional church office space and an interior stairway connecting first and second floors.

Section 134(c)(4)(B) of the Planning Code requires a minimum rear yard depth of approximately 32 feet, measured from the rear property line (the south property line opposite Clipper Street lot frontage). The proposed second floor expansion would encroach approximately 27 feet into the required rear yard to within 5 feet of the rear property line

Section 188 of the Planning Code prohibits enlargements, alterations and reconstruction of a noncomplying structure. Since the second floor currently encroaches into the required rear yard, it is considered a noncomplying structure. The proposed second floor expansion would result in an enlargement of a noncomplying structure.

(TOM WANG)

15. 2009.0153V: 1197-1199 Dolores Street, on the northeast corner of Dolores and 25th Streets; Lot 018 in Assessor's Block 6511 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Off-street Parking Variance: The proposal is to allow the retention of a third dwelling unit, approximately 690 square feet, on the ground floor of the existing three-story building. The subject building contains three dwelling units; however, the present authorized use is only for two dwelling units.

Section 151 of the Planning Code requires one full-size, independently accessible off-street parking space for each dwelling unit. The garage at the subject property contains two such required parking spaces, one for each of the existing two dwelling units. The applicant does not propose a third parking space to serve the requested third unit.

(EDGAR OROPEZA)

16. 2009.0152V: 43 LATONA STREET, east side between Bayview and Thornton Avenue; Lot 011 in Assessor's Block 5358, within the RH-2 (Residential House, Two-Family) District, and a 40-X Height and Bulk District.

Rear Yard Variance: The project proposes legalization of the purported in-kind replacement of an existing deck and stairs located at the rear of the existing single-family dwelling.

Section 134 of the Planning Code states that the minimum rear yard for properties located within the RH-2 Districts, shall be equal to 45 percent of the total lot depth measured from the rear property line. The rear yard may be reduced based on the average depth of the adjacent buildings. In this case the required rear yard is approximately 32-feet. The existing building already intrudes approximately 20-feet into the required rear yard. The project rebuilt without a building permit an existing deck and stairs located at the rear of the existing single-family dwelling, extending the deck further into the required rear yard than the existing. The existing rear yard of approximately 13-feet shall remain.

(CECILIA JAROSLAWSKY)

17. 2008.1357V 138 DELMAR SREET, between Frederick and Piedmont Streets; Lot 067 in Assessor's Block 1270 in an RH-2 (House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to add a 15-foot wide by 10-foot deep, one-level rear addition onto a non-complying structure and requires approval of a Variance for expansion of a non-complying structure. The existing structure extends less than three feet into the rear yard. While the proposal falls within allowable obstructions within the rear yard, the code requires a 5-foot side-yard setback and the existing structure extends 2-feet six-inches into this area.

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

(ADRIAN PUTRA)

18. 2007.1389V: 3943-3947 17TH STREET, on the southeast corner of 17th Street and Hartford Street; Lot 078 in Assessor's Block 3582 in an RH-3 (Residential, House, Three-Family) and a 40-X Height and Bulk District.

Rear Yard Variance and Expansion of a Noncomplying Structure: The project is to demolish an approximately 15 feet high, 5 feet deep, and 13 feet, 6 inches wide rear porch and staircase structure, and in its place construct an enclosed staircase structure that is approximately 39 feet high, 7 feet deep, and 16 feet, 3 inches wide at the rear of the subject building. The proposed staircase structure will provide a required means of egress for an existing dwelling unit at the top floor.

Section 134 of the Planning Code requires that the subject property maintains a setback of 22 feet from the rear property line. The proposed horizontal rear extension will have no setback from the rear property line.

Section 188 of the Planning Code allows a noncomplying structure to be altered, providing that there is no new or increased discrepancy at any level between existing conditions on the lot and the required standards of the Planning Code. The existing building is a noncomplying structure within the required rear yard with a rear setback of approximately 1 foot, 6 inches where 22 feet is required. (continued from 3/25/09)

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