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    PLANNING DEPARTMENT

           CITY AND COUNTY OF

                SAN FRANCISCO

 

                    REVISED (4/20/2010)

        Notice of Hearing on Application

                 For Zoning Variance

 

                                CITY HALL - Room 408

              1 Dr. Carlton B. Goodlett Place

 

                 Wednesday, April 28, 2010

 

             Session Begins at 9:30 A.M.

     

 

                                           Public Hearing

 

 

              Lawrence Badiner, Zoning Administrator

                                Eva Atijera-Taylor, 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 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 sotf@sfgov.org.

 

 

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 28, 2010, 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.

 

(ERIKA JACKSON)

1.        2010.0090V:   30 NIBBI COURT, Lot 008 in Assessor's Block 5079 in an RH-1 (Residential, House, Single-Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to extend the existing 2-story single-family dwelling approximately 9 feet towards the rear property line.

 

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 21 feet.  The proposed rear addition would encroach approximately 6 feet into the required rear yard on the west side of the property because the required rear yard line is at an angle to the building, creating a triangular portion within the rear yard.  Therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

                                    http://sf-planning.org/ftp/files/notice/2010.0090V.pdf

 

 (AARON HOLLISTER)

2.         2010.0204V:   1426-1430 JACKSON STREET, Lot 010 in Assessor's Block 0185 in a RM-1 (Residential-Mixed, Low Density) Zoning District and a 65-A Height and Bulk District.

 


 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct three new balconies at the rear building wall of the subject residential building.  The balconies would be located between the two existing bay windows found at the rear building wall on floors two through four projecting approximately  5.75 feet from the rear building wall, or approximately three feet from the existing bay windows with an approximate width of nine feet each.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2010.0204V.pdf

 

(MICHAEL SMITH)

3.         2009.0380V:  260 ARBOR STREET, Lot 007 in Assessor’s Block 7554 in a RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

 

FRONT SETBACK VARIANCE SOUGHT:  The proposal is to construct a three-story over garage single-family dwelling on a vacant lot.

 

PER SECTION 132 OF THE PLANNING CODE the subject property is required to maintain a front setback of approximately 15 feet.  The proposed building would encroach approximately 10 feet, 6 inches into the required front setback and result in a front yard of 4 feet, 6 inches at the shortest point; therefore, the project requires a variance from the rear yard requirement of the Planning Code.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

                                    http://sf-planning.org/ftp/files/notice/2009.0380V.pdf

 

(SHELLEY PERDUE)

4.         2007.1486V:   890 GROVE STREET, Lot 019 in Assessor's Block 0797 in a RH-3 (Residential, House, Three-Family) Zoning District and a 50-X Height and Bulk District.

 

REAR YARD AND NON-COMPLYING VARIANCE SOUGTH:  The proposal is to construct a one-story vertical addition at the roof of the existing two-story-over basement, 21-unit tourist hotel building (d.b.a. “The Grove Inn”). The proposed addition will measure approximately 31’ wide x 42’ deep and rise approximately 9’ above the top of the existing parapet wall. The flat-roofed addition will be set back approximately 15’ from the south façade, 7’ from the west façade, and 5’ from the north façade. An elevator shaft will be installed at the rear (east) wall of the building to serve all floors.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2007.1486V.pdf

 

(AARON STARR)


 

5.         2010.0095V:   611 2ND AVENUE, Lot 003 in Assessor's Block 1642 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a new single story bay at the south wall of the existing non-conforming two-story rear extension.

 

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 41.5 feet.  The proposed bay window would encroach approximately 6.5’ into the rear yard; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

 

PER SECTION 188(a) OF THE PLANNING CODE expansion of a non-complying structure is prohibited. The existing building is considered a legal non-complying structure because portions of the building already encroach into the required rear yard. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2010.0095V.pdf

 

(ADRIAN PUTRA)

6.         2010.0169V:   463 HILL STREET, Lot 041 in Assessor's Block 0516 in a RH-1 (Residential, House, One-Family) Zoning District that is within the Dolores Heights Special Use District, and 40-X Height and Bulk District. 

 

REAR YARD, DOLORES HEIGHTS SPECIAL USE DISTRICT VARIANCE SOUGHT:  The project is to demolish and rebuild an existing deteriorated two-level deck and staircase structure located at the rear of a single-family dwelling.  The proposed deck structure will have a maximum height of approximately 15 feet above grade with 3 feet high safety railings above, and will be setback 5 feet from the eastern side property line.   The proposed deck will be the same size and height as the existing but will have an approximately 8.5 feet high firewall along the western side property line as is required by Building Code. 

 

PER SECTION 241 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 51.5 feet.  The proposed rear deck structure would encroach approximately 23 feet into the required rear yard and result in a rear yard of 28.5 feet; therefore, the project requires a variance from the rear yard requirement (Section 241 – Dolores Heights Special Use District) of the Planning Code.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2010.0169V.pdf

 

(ANGELA THREADGILL)

7.         2010.0085V:   369-377 GREEN STREET, Lot 036 in Assessor's Block 0133 in a RM-1 (Low-density Residential, Mixed) Zoning District and a 40-X Height and Bulk District. 

 

REAR YARD VARIANCE SOUGHT:  The proposal is to extend the existing underground garage to provide a total of four off-street parking spaces for the existing five dwelling units.

 

PER SECTION 136(c)(26) OF THE PLANNING CODE, the underground garage shall not occupy any area within the rear 15 feet of the depth of the lot.  A portion of the proposed underground garage will occupy the rear 15 feet of the lot, thus the project requires a variance from the rear yard requirement (Section 136) of the Planning Code.

 

PER SECTION 188 OF THE PLANNING CODE, expansion, intensification or change of use of a non-complying structure is prohibited.  Because the existing structure already encroaches into the required rear yard, it is considered a legal, non-complying structure.  The proposal is considered to be an expansion and intensification of a non-complying structure.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2010.0085V.pdf

 

(GLENN CABREROS)

8.         2010.0114V:   1122 PAGE STREET, Lot 008 in Assessor's Block 1219 in a RM-2 (Residential, Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.

 

UNIT EXPOSURE VARIANCE SOUGHT:  Request for useable open space, dwelling unit exposure, non-complying structure and rear yard variances.

 

PER SECTIONS 305, 135, 140, 188 and 134 of the PLANNING CODE, for a project proposing to insert a dwelling unit behind the garage area of the existing three-unit building to result in a four-unit building in an RM-2 Zoning District. No expansion of the building envelope is proposed. The existing building contains two parking spaces. One additional parking space is proposed for the added dwelling unit, resulting in three parking spaces within the building.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2010.0114V.pdf

 


 

(SHARON LAI)

9.         2009.0695V:   356 ELIZABETH STREET, Lot 026 in Assessor's Block 3652 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCE SOUGHT: The project proposes to expand the existing 2-unit building by raising the height of the third floor and installing dormers. The construction at the second and third floor of the existing non-complying structure extends within the required rear yard, which triggers rear yard and non-complying structure variances. The further expansion within the required rear yard also lessens the open space and would therefore require an open space variance. A request for Discretionary Review was heard and denied on March 25, 2010, and the project as proposed was supported by the Planning Commission.

 

SECTION 188 OF THE PLANNING CODE does not permit the intensification of a non-complying structure. The existing residence is a non-complying structure because it encroaches into the required rear yard setback. The proposed expansions will intensify the encroachment and is contrary to Section 188.

 

SECTION 134 OF THE PLANNING CODE requires 45% (29-feet) of the lot depth be maintained as the rear yard, where currently 0-feet are provided. The proposed horizontal and vertical expansions at the second and third floor are within the required rear yard.

 

SECTION 135 OF THE PLANNING CODE requires 133 square feet per unit of shared open space. The existing condition provides 245 square feet in open space and will reduce to 160 square feet, where 266 square feet is required.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2009.0694V.pdf

 

 

B.         REGULAR CALENDAR

 

 (SARA VALLVE)

10.       2010.0082V:   121 COMMONWEALTH AVENUE, Lot 004 in Assessor's Block 1063 in an RH-1(D) (House, One-Family, Detached Dwelling) Zoning District and 40-X Height and Bulk District.

 

FRONT SETBACK VARIANCE SOUGHT:  The proposal is to extend the front portion of the second floor approximately 9 feet towards Commonwealth Avenue. As a result, the second floor will extend slightly beyond the depth of the first floor. The addition would extend the width of the building at the front facade.

 


 

PER SECTION 132 OF THE PLANNING CODE the subject property is required to maintain a minimum front setback of approximately 15 feet, measured from the front property line.  The proposed front addition would extend to within approximately 14 feet of the front property line and encroach into the required front setback.

 

PER SECTION 133 OF THE PLANNING CODE the subject property is required to maintain a minimum side yard of 3 feet from each side property line. The proposed addition extends to within approximately 2 feet of the south property line, encroaching into the required side yard.

 

PER SECTION 188 OF THE PLANNING CODE expansion of a noncomplying structure is prohibited. Because the south portion of the existing building already encroaches into the required side yard, it is considered a legal, noncomplying structure. Therefore, the expansion as proposed would be contrary to Section 188.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2010.0082V.pdf

 

 

(DIEGO SANCHEZ)

11.       2010.0123V:   1101 DE HARO STREET, Lot 047 in Assessor’s Block 4160 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District

 

REAR YARD VARIANCE SOUGHT:  The proposal is to add a four story addition to an existing non-conforming three story single family dwelling.  The existing non-conforming dwelling, set back 30 feet from the front property line, is within the required rear yard, resulting in a rear yard that does not meet Planning Code requirements.   The proposed addition, approximately 31 feet in depth, would extend the structure to within 2 feet of the front property line.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2010.0123V.pdf

 

(DIEGO SANCHEZ)

12.        2010.0078V:   355 CAPP STREET, Lot 056 in Assessor’s Block 3590 in a RTO-M (Residential, Transit Oriented, Mission) Zoning District and a 40-X Height and a 40-X Height District.

EXPOSURE VARIANCE SOUGHT:  The proposal is to add a third dwelling unit within the garage area of an existing multi-family structure. The proposed new dwelling unit would not have a window that opens onto a street, alley or code complying rear yard.  The proposed new dwelling unit also would not have an area to use as open space that would be free of obstructions into that area such as fences.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2010.0078V.pdf

 

 (BEN FU)

13.      2009.0869V:   2235 MISSION STREET, Lot 031 in Assessor’s Block 3590 in a Mission Street NCT Zoning District, Mission ABC/RUSD Special Use and 65-B Height and Bulk District.

 

REAR YARD AND EXPOSURE VARIANCE SOUGHT:  The proposal is to reduce the existing commercial space at the rear on the first and second floors to accommodate two new one-bedroom dwellings, one on each floor.  The proposed units would encroach into the required rear yard and do not meet the exposure requirement.  The total number of dwellings would increase from six to eight.

PER PLANNING CODE SECTION 134, the subject property is required to provide a rear yard at the lowest story containing a dwelling unit, and at each succeeding level or story of the building.  The required rear yard for the subject property is approximately 30’-8”.  The project proposes a rear yard of approximately 20’-0”.

PER PLANNING CODE SECTION 140, each dwelling unit in every use district must face either a public street, a public alley at least 25 feet in width, a rear yard meeting the Planning Code requirements, or an open area at least 25 feet in every horizontal dimension for the floor at which the dwelling unit in question is located.  The proposed units do not face a public open area or a qualifying open space or rear yard.  Therefore, the project requires a Variance from the rear yard and exposure requirements (Planning Code Sections 134 and 140).

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2009.0869V.pdf

 

(RICK CRAWFORD)

14.      2009.1179V:   14 MACONDRAY LANE, Lot 025A in Assessor's Block 0120 in an RM-2 (Residential Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District
 
REAR YARD VARIANCE SOUGHT:  The proposal is to construct new decks, one on each floor, and a stair enclosure at the rear of the 3-story over basement single-family dwelling.  The decks on the lower two stories will extend back approximately 12 feet from the rear of the building.  The third floor deck will extend back approximately 3 from the rear of the building.  The new stairs will extend back approximately 7 feet from the rear of the building.

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2009.1179V.pdf

 

(ANGELA THREADGILL)

 

 

(BEN FU)

15.       2010.0079V:   3659 FOLSOM STREET, Lot 021 in Assessor’s Block 5652 in an RH-1 (Residential, House, Single-Family) Zoning District, Bernal Heights Special Use District, and 40-X Height and Bulk District.

 

CURB CUT VARIANCE SOUGTH:  The proposal is to legalize a 16’-4” curb cut constructed without documentation. 

PER PLANNING CODE SECTION 242(e)(5), the maximum curb cut width allowed in the Bernal Heights Special District is 10’-0”.  The 16’-4” curb cut was constructed without documentation. Therefore, the project requires a Variance from the curb cut requirement (Planning Code Sections 242).

 

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at:

http://sf-planning.org/ftp/files/notice/2010.0079V.pdf

 

 

 

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: 11/9/2010 10:16:29 AM