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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, JANUARY 28, 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, January 28, 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.

(SHARON LAI)

1. 2008.1299V: 1111 DOUGLASS STREET(a.k.a. 4399 26th Street), at the southeast corner of Douglass Street and 26th Street; Lot 020A in Assessor's Block 6561 in an RH-1 (Residential, Single-Family House) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a two-story horizontal rear extension, measuring 4-feet, 6-inches in depth for approximately half the width of the lot. The enclosure resulted in an increase of habitable area within the required setback.

Section 134 of the Planning Code requires that the subject property maintain a rear yard equal to 25-percent of the lot depth of 19-feet. The existing two-story single-family home has a rear yard setback of approximately 19-feet in depth. The proposed extension will decrease the rear yard setback to 14-feet, 6 –inches. This rear setback encroachment requires a variance from Planning Code Section 134.

(MICHAEL SMITH)

2. 2008.1343V: 301 TWIN PEAKS BOULEVARD, east side between Burnett Avenue and Raccoon Drive; Lot 004 in Assessor's Block 2720 in a RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a one-story vertical addition at the north side of the building over the garage where the current roof deck is located. The addition will have a roof deck on top and add 324 sq. ft. of habitable area. The project includes exterior and interior alterations that include constructing a wind screen at the front porch to partially shelter the entry and enlarging the balconies at the rear of the building by one-foot to make them more usable and wrapping them around the northeast corner of the building. The project would not add to the building footprint.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15-feet measured from and parallel to the rear property line. The proposed addition would extend to within six-feet of the rear property at its closest point at the northern edge of the lot, encroaching nine-feet into the required rear yard. The proposed rear balcony extension would extend to the rear property line at its closest point at the northern edge of the lot, encroaching 15-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 and the rear balconies already encroach six-feet and 13-feet respectively into the required rear yard, it is a legal noncomplying structure. Therefore constructing an addition that would increase the height of the nonconforming portion of the building and extend the balconies further into the rear yard is contrary to section 188 of the Code.

(MICHAEL SMITH)

3. 2008.1198V:275 – 277 CHATTANOOGA STREET, east side between 23rd and 24th; Lot 018 in Assessor's Block 3649 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Lot Width, Lot Area, Rear Yard, Open Space, and Dwelling Unit Exposure Variances: The proposal is to subdivide the lot containing two separate buildings into two lots. The lot fronting on Chattanooga Street would have 1,510 square-feet of lot area and the lot fronting on Mersey Alley would have 1,075 square-feet of lot area.

Section 121(d) of the Planning Code requires that all newly created lots have a minimum width of 25-feet. Because the existing lot is only 22-feet in width the newly created lot that fronts on Mersey Alley would also be 22-feet in width which is not wide enough to meet this Code requirement.

Section 121(e) of the Planning Code requires a minimum lot area of 2,500 square-feet for any newly created lot. Neither lot would have sufficient lot area to meet this requirement.

Section 134 of Planning Code requires a minimum rear yard depth of 15-feet for the proposed lot fronting on Mersey Alley. As a result of the proposed lot split the existing building would encroach 10-feet into this required open area.

Section 135 of the Planning Code requires a minimum of 125 square-feet of private usable open space for each dwelling unit. Usable open space must meet certain minimum standards, and once provided, it cannot be removed. The open space on the proposed lot that would front on Mersey Alley will not meet the minimum horizontal dimensions to be credited as usable open.

Section 140 of the Planning Code requires that all dwelling units face onto a qualifying open area for exposure. The dwelling at the rear of the lot would continue to face onto the space between the buildings but because the space would be located on a different lot the exposure does not comply with this Code requirement.

(ELIZABETH WATTY)

4. 2008.1235V: 735 DOLORES STREET between Liberty and 20th Streets; Lot 057 in Assessor's Block 3607 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Noncomplying and Variances: The proposal is to construct a new deck and staircase along the north side property line and to construct a new staircase descending from the rear balcony to the rear yard. The existing grade along the north side of the property is not level and there is an existing staircase and deck that provides egress from the first floor side door. The proposal is to rebuild a similar deck and staircase, creating a flat deck from the side door to the north property line, extending along the side property line until it intersects with the rear property line. The proposed deck floor is approximately eight feet above the lowest point of grade, and will have a fire-rated railing above the deck floor along the north property line.

Section 134 of the Planning Code requires that the Subject Property must maintain a rear yard of approximately 26 feet. The proposed deck and staircase will extend to the rear property line along the north side property line, encroaching approximately 26 feet into the required rear yard. The proposed staircase that will descend from the rear noncomplying balcony is approximately four feet wide, 11 feet above grade, and will encroach approximately nine feet six inches into the required rear yard, extending to within 16 feet 6 inches of the rear property line.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure that increases the structure's degree of noncompliance. The subject building's rear balcony is noncomplying as it encroaches nine feet six inches into the required rear yard. Expansion of the non-complying balcony toward the south property line to include the proposed one-story staircase increases the structure's degree of noncompliance and thus requires a noncomplying structure variance.

(ELIZABETH WATTY)

5. 2008.1338V: 945-949 ELIZABETH STREET between Hoffman Street and Grand View Avenue; Lot 048, 049, 050 in Assessor's Block 2828 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Front Setback and Rear Yard Variances Sought: The proposal is to construct several new decks and staircases throughout the property. The property contains two detached structures: the front structure (949 Elizabeth Street) contains one dwelling-unit and the rear structure contains two dwelling-units (945 and 947 Elizabeth Street). There are two decks proposed for the front structure (949 Elizabeth Street) that require variances: the front deck requires a front setback variance, and the new rear deck will require a rear yard variance. There are two new decks with staircases proposed for the rear structure (945 and 947 Elizabeth Street), which also require rear yard variances.

Section 132 of the Planning Code requires a front setback of approximately 10 feet. The proposal is to construct a new deck at the front of the property that encroaches 10 feet into the front setback, extending to the front property line. The deck will not exceed a height of five feet six inches above grade.

Section 134 of the Planning Code requires that the Subject Property maintain a rear yard of approximately 51 feet. The new rear deck for the front structure (949 Elizabeth Street) is located at the first floor level and measures seven feet deep by nine feet wide. This deck encroaches approximately five feet into the rear yard. The proposed decks with staircases that will be located at the front of the rear structure (945 and 947 Elizabeth Street) are located entirely within the required rear yard.

(TOM WANG)

6. 2008.1297V: 49 CHULA LANE, on the south side of Chula Lane, between Church and Dolores Streets; Lot 050 in Assessor's Block 3566 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 remove an existing one-story deck with stairs connecting to the rear yard and construct a one-story addition with a roof deck, at the rear of the one-story over garage, single-family dwelling. The one-story deck currently encroaches 3 feet 6 inches into the required rear yard.

Section 134(c)(1)(B) of the Planning Code requires a minimum rear yard of approximately 21 feet, measured from the rear property line, for the subject lot. The proposed one-story addition would encroach 6 feet into the required rear yard to within 15 feet of the rear property line.

Section 188 of the Planning Code prohibits enlargements, alterations and reconstruction of a noncomplying structure. Since the subject deck currently encroaches into the required rear yard, it is considered a noncomplying structure. The proposed one-story addition would result in a reconstruction of a noncomplying structure.

(AMNON BEN-PAZI)

7. 2007.1134V: 5 CYRUS PLACE, on the west side of Cyrus Place, south of Broadway; Lot 052 in Assessor's Block 0155 in an RH-3 (Residential, Three-Family) Zoning District and a 65-A Height and Bulk District.

Rear Yard and Expansion of Non-Complying Structure Variances: The proposal is to add a third floor, a habitable basement, and a rear horizontal extension to the existing two story, two-unit building. The new third floor would be set back 15 feet from the street and would increase the overall building height from 19.5 feet to 31 feet. The proposed rear horizontal extension would step back at each floor.

Section 134 of the Planning Code requires that the subject property maintain a rear yard measuring approximately 41 feet in dept. The proposed rear yard would measure approximately 19 feet in depth, thus the project would require a Rear Yard variance. The existing rear yard measures approximately 32 feet in depth, thus the building is a Non-Complying Structure per Section 188 of the Planning Code. The project would thus require an Expansion of Non-Complying Structure Variances.

(EDGAR OROPEZA)

8. 2008.1281V: 456 PRENTISS STREET, west side between Jarboe and Tompkins Avenues; Lot 010 in Assessor's Block 5701, within the RH-1 (Residential House, One-Family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.

Front Setback Variance: The proposal is to legalize the existing 8-foot stucco and Wood fence located at the front property line of the subject property built without benefit of a Building Permit Application.

Section 136© (17) of he Planning Code (Permitted Obstructions) permits fences of no more than 3-feet in height above grade within the front setback of any residential property. In this case the existing fence is approximately 8-feet in height and located within the front setback of the property.

Section 132 of the Planning Code sets the requirements for minimum front setback areas to every building in all RH, RTO, and RM Districts, in order to relate the setbacks provided to the existing front setbacks of adjacent buildings. In any case in which the lot constituting the subject property is separated from the lot containing the nearest building by an undeveloped lot or lots for a distance of 50 feet or less parallel to the street or alley, such nearest building shall be deemed to be an  adjacent building, but a building on a lot so separated for a greater distance shall not be deemed to be an  adjacent building.

In this case the front setback requirement for the property is approximately 3'-6 where only a fence of approximately 3-feet in height is permitted. The project proposes to legalize a fence of approximately 8-feet in height located at the front property line.

B. REGULAR CALENDAR

(SHARON YOUNG)

9. 2007.0714V: 586 - 588 41ST AVENUE AND 4950 ANZA STREET, Lot 013 in Assessor's Block 1504 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

MINIMUM LOT AREA AND REAR YARD VARIANCES SOUGHT: The proposal is to subdivide an existing 2,500 square foot corner lot into two separate lots. The proposed northerly lot, with an existing two-story, two-family dwelling at 586 - 588 41st Avenue, would be 25 feet wide and 61 feet deep. The proposed southerly lot, with an existing one-story, single-family dwelling at 4950 Anza Street, would be 25 feet wide by 39 feet deep. With the lot subdivision, the proposed northerly lot would have a rear yard of approximately 5 feet and the proposed southerly lot would have a rear yard of 3 feet. The proposal will also involve the addition of a new lateral deck on the second floor level at 588 - 588 41st Avenue abutting the east property line and a new two-story vertical addition at 4950 Anza Street that are not the subject of this variance. No building permits have been filed on these modifications. Once these permits have been filed, additional notice will be sent.

Section 121(e)(2) of the Planning Code requires a minimum lot area of 2,500 square feet or 1,750 square feet for a lot having its street frontage entirely within 125 feet of the intersection of two streets that intersect at an angle of no more than 135 degrees. The proposed northerly lot fronting 41st Avenue would be 1,525 square feet in area. The proposed southerly lot fronting on Anza Street would be 975 square feet in area. The required minimum lot area for both new lots would be 1,750 square feet.

Section 134 of the Planning Code requires a rear yard area in an RH-2 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 proposed northerly lot, with a lot depth of 61 feet, has a required rear yard of approximately 15 feet. The existing two-family dwelling at 586 - 588 41st Avenue would extend approximately 10 feet into the required rear yard. The proposed southerly lot with a lot depth of approximately 39 feet, has a required rear yard of 15 feet. The existing single-family dwelling at 4950 Anza Street would extend 12 feet into the required rear yard.

(ELIZABETH WATTY)

10. 2009.0009V: 154 MAYWOOD DRIVE, at the west side of Maywood Drive between Ravenwood Drive and Brentwood Avenue; Lot 021 in Assessor's Block 3041 in an RH-1(D) (Residential, House, One-Family (Detached))Zoning District and a 40-X Height and Bulk District.

Front Setback Variance Sought: The proposal is to demolish the existing garage structure and construct a new one-story-over garage structure in a similar location.

Section 132 of the Planning Code requires a front setback of 15 feet for the Subject Property. The new one-story-over-garage structure would be approximately 10 from the front property line, encroaching approximately five feet into the required 15-foot front setback. This encroachment is contrary to Planning code Section 132 and thus requires a front setback variance.

(AARON HOLLISTER)

11. 2008.1293V: 475 TURK STREET (aka 10-12 Dodge Street), south side of Turk Street, between Larkin and Hyde Streets, Lot 020 (formerly known as Lot 011) in Assessor's Block 0346 in an RC-4 (Residential-Commercial, High Density) Zoning District, North of Market Special Use District - Subarea No. 1 and an 80-T Height and Bulk District.

Minimum Lot Size and Rear Yard Variance: The proposal is to subdivide the subject lot into two lots each containing one building. No construction or physical expansions of the structures on the project site are proposed under this application.

Section 121 of the Planning Code requires a minimum lot size of 1750 square feet. The proposed rear lot containing a two-story brick building will be approximately 1560 square feet.

Section 134 of the Planning Code requires that the proposed front, corner lot maintain an approximate 22.5-foot rear yard and that the proposed rear lot maintain a 15-foot rear yard. After subdivision, the proposed front lot would have an approximate three-foot rear yard and the proposed rear lot would have an approximate six-foot rear yard.

(DIEGO SANCHEZ)

12. 2008.1339V: 646 SHOTWELL STREET, on the west side of Shotwell Street, between 20th and 21st Streets; Lot 040 in Assessor's Block 3611 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 legalize an existing 13' x11' – 6 deck extending more than 12 feet into the required open area and encroaching into the last 25% of lot depth. The deck encroaches into the 45' required rear yard in excess of 20 feet, leaving a rear yard of 24' – 9 .

Section 134 of he Planning Code requires a rear yard clear of obstructions not listed under Section 136. A deck extending more than 12 feet into the required open area and encroaching into the last 25% of lot depth is not listed under Section 136.

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: 1/19/2010 10:38:56 AM