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




Notice of Hearing on Application

For Zoning Variance

CITY HALL - Room 408

1 Dr. Carlton B. Goodlett Place

Wednesday, JULY 22, 2009

Session Begins at 9:30 A.M.

Public Hearing

Craig Nikitas, Acting 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

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 Adele Destro, Interim 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

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




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, July 22, 2009, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.


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.


1. 2009.0372V 1 MCLAREN AVENUE,southwest corner at 28th Avenue, Lot 001C in Assessor's Block 1330 in an RH-1(D) [One-Family Detached Dwelling] Zoning District and a 40 X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a solarium that will extend into the required rear yard of the lot, which is developed with a two-story, single-family dwelling. The proposed solarium (approximately 14'6 wide by 13' deep by 7' to 10' above grade) will replace an existing solarium which provided sheltered access between the garage and the house; the existing solarium has been demolished. The proposed solarium will be set back 5 feet from the south property line.

Section 134 of the Planning Code requires a rear yard area in an RH-1(D) Zoning District to be equivalent to 25 percent of the total lot depth at grade level and at each succeeding story of the building. The subject property, with an average lot depth of approximately 90', has a required rear yard of approximately 22'6 . The proposed solarium will extend approximately 4' into the required rear yard.

Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure. Because a portion of 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, and requires a variance.



2. 2009.0320V 1059 HAIGHT STREET, south side between Buena Vista Avenue East and Broderick Street; Lot 012 in Assessor's Block 1241 in an RM-2 (Residential, Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.

REAR YARD AND PARKING SCREENING VARIANCES: The proposal is construct a parking platform approximately 12' above grade in the required rear yard that will accommodate two parking spaces, one of which is tandem. The parking spaces will be accessed from Buena Vista Avenue.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 15' in length and that no parking is permitted in the required rear yard. The proposed parking structure will be located within the entire length of the required rear yard.

Section 142 of the Planning Code requires that parking spaces be screened from the public right-of-way. The proposed parking spaces will not be completely screened from Buena Vista Avenue.


3. 2005.0200V 121 9th STREET, on the east side between Mission and Minna Streets; Lot 069 in Assessor's Block 3728 in an SLR (Service/Light Industrial/Residential) Zoning District and a 65 X Height and Bulk District, and within the Western SoMa Special Use District.

PARKING VARIANCE AND REAR YARD MODIFICATION: The proposal is to construct a 5-story residential building with 19 dwelling units, ground floor commercial space, and 17 off-street parking spaces in a ground floor garage. A 1,190 square foot interior courtyard is proposed at the second floor as a rear yard.

Section 134 of the Planning Code requires that the project provide a rear yard at the second floor that is at least 25 percent of the area of the subject property. The proposed interior courtyard is 1,300 square feet, or 23.8 percent. A rear yard modification is proposed per Planning Code Section 134(e).

Section 151 of the Planning Code requires that the project provide one off-street parking space for each dwelling unit. The proposal provides 17 off-street parking spaces for 19 dwelling units.

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))


Last updated: 11/17/2009 10:00:45 PM