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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, May 25, 2011

 

             Session Begins at 9:30 A.M.

     

 

                                           Public Hearing

 

line

               Scott F. Sanchez, 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.sfplanning.org.

 


 

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 311 within San Francisco, (415) 701-2311 outside Bay Area, or TYY (415) 701-2323.  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 The Administrator by mail at 1 Dr. Carlton B. Goodlett Place, Room 244, 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 25 Van Ness Avenue, Suite #220, 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 the date, time, and place listed on the first page of this Calendar.

 

 

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.

 

 (TOM WANG)

1.           2011.0425V:   237-239 MINERVA STREET, Lots 070, 112, & 113 in Assessor’s Block 7092 in a RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

             

REAR YARD VARIANCE SOUGHT:   The proposal is to document the as-built condition of the two single-family dwellings at 237-239

Minerva Street.

    

PER SECTION 132 OF THE PLANNING CODE the subject property is required to maintain a front setback of 15 feet. The subject buildings feature front setbacks of 9 feet; therefore, the project requires a variance from the front setback 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/2011.0425V.pdf

 

 

B.      REGULAR CALENDAR

 

(SHARON YOUNG)

2.                                 2011.0002V:   1366 HAYES STREET, Lot 018 in Assessor’s Block 1201 in a RM-1 (Residential, Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.


 


 

                                                           

                                                            REAR YARD VARIANCE SOUGHT:  The proposal is to legalize the construction of a garden shade structure (approximately 25’ wide by 13’ deep by 9’ above grade) which is located entirely within the required rear yard of the three-story, single-family dwelling. The garden shade structure abuts both side (east and west) property lines and is  3’ from the rear property line.  The garden shade structure was constructed beyond the scope of work approved under Building Permit Application No. 2010.05.28.3452.

SECTION 134 OF THE PLANNING CODE requires a rear yard area in an RM-1 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 subject property, with a lot depth of 137.50 feet, has a required rear yard of approximately 62 feet.  The garden shade structure is located entirely within the required rear yard.

 

                                                            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/2011.0002V.pdf

 

(AARON STARR)

3.                                 2011.0262V:   1547-1551 FRANKLIN STREET, Lot 002 in Assessor’s Block 0665 in a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and a 130-E Height and Bulk District.

REAR YARD, USEABLE OPEN-SPACE PARKING:  The proposal is to add a residential unit and storage space to the ground floor of the 3-unit, 3.5-story residential building.  The proposed project will not expand the subject building’s foot print or envelope. The subject building current does not have any parking and no parking will be provided for the new residential unit.   The project sponsor is seeking a waiver from the parking requirement (Planning Code Section 151), per Planning Code Section 161(j).

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 19’.  The proposed excavation of the existing crawl space to create storage is located entirely within the required rear yard.

PER SECTION 135 OF THE PLANNING CODE the subject property is required to provide 80 sq. ft. of usable open space per residential unit.  Useable open space will not be provided for the proposed residential unit.

 

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/2011.0262.pdf

 

 

                                                                                                                        (TOM WANG)

4.                                 2011.0076V:   252 ORIZABA AVENUE, Lot 053 in Assessor’s Block 7106 in a RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

                                     

                                                            REAR YARD VARIANCE SOUGHT:   The proposed work for the existing two-story, single-family dwelling is to construct a second floor rear deck with a stairway leading to grade.

 

                                                            SECTION 134 (A)(1) OF THE PLANNING CODE requires a minimum rear yard depth of 15 feet, measured from the rear property line, for the subject lot. The proposed second floor rear deck with a stairway would encroach 11 feet into the required rear yard to within 4 feet of the rear property line. The proposed second floor deck would be approximately 8 feet tall above grade. 

                                                            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/2011.0076V.pdf

 

(SHARON LAI)

5.           2011.0237V:   435 DUBOCE AVENUE, Lot 087 in Assessor’s Block 3537 in a RH-2 (Residential, Transit-Oriented Neighborhood) District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to add a 6th dwelling unit and rear deck within an existing 3-story mixed-use building, and to clarify related approvals under building permit number 2008.03.20.7576. The existing building measures approximately 96 feet in depth and 50 feet in width.

 

PER SECTION 188 OF THE PLANNING CODE the subject building is located partially within the required rear yard and is a non-complying structure. The proposed 6th dwelling unit and associated rear deck are located within the required rear yard, which intensifies the non-conformity of the existing conditions. The proposed alteration requires a variance from the non-complying structure requirements.

 

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 45 feet, where 4 feet is currently provided.  The proposed rear deck at the third floor is located within the required rear yard and will be 4 feet away from the rear property line; therefore, the project requires a variance from the rear yard requirement.

 

PER SECTION 140 OF THE PLANNING CODE all dwelling units shall face an open area no less than 25 feet in every horizontal dimension or a public street. 4 of the 6 proposed dwelling units (#s 3, 4, 5 and 6) do not face an open area compliant with the Code requirements and therefore requires a variance from the exposure requirements.

 

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/2011.0237V.pdf

 

(ELIZABETH WATTY)

6.                                   2011.0299V:   281 DOUGLASS STREET,  Lot 023 in Assessor’s Block 2692 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:   The proposal includes the construction of a new one-story deck at the rear of the existing single-family dwelling. Although the deck will not extend further into the rear yard than the existing rear staircase, it will be located within the required rear yard, necessitating the granting of a rear yard variance.

 

PER SECTION 134 OF THE PLANNING CODE the Subject Property is required to maintain a rear yard of approximately 28’-8”, measured parallel to the rear property line.  The existing two-story dwelling and its one-story rear staircase currently encroach into the required rear yard; the dwelling has a staggered rear building wall, with the deepest portion extending to within 21’-6” of the rear property line (7’-2” encroachment), and the existing rear staircase extends 3’-0” beyond the house, extending to within 18’-6” of the rear property line (10’-2” encroachment). The new one-story deck will be located within the existing notch at the rear of the existing single-family dwelling, connecting to the existing rear staircase, and will extend to within 18’-6” of the rear property. This 10’-2” encroachment necessitates a rear yard variance, pursuant to Planning Code Section 134.

 

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/2011.0299V.pdf

 

                                                                                                                        (TOM WANG)

7.           2011.0274V:   3938 17TH STREET,  Lot 015B in Assessor’s Block 3563 in a RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

             

                                                            REAR YARD VARIANCE SOUGHT:   The proposed work for the existing one-story over garage, single-family dwelling includes the demolition and reconstruction of the last 19 feet of the ground floor and the last 12 feet of the second floor and (2) the addition of a second floor rear stairway leading to grade.

 

                                                            The proposed work would not change the existing building footprint, but would include a new gable roof above the reconstructed first and second floors to match the existing gable roof.

                                                           

 

                                                            SECTION 134(A)(2) OF THE PLANNING CODE requires a minimum rear yard depth of 58 feet 6 inches, measured from the rear property line, for the subject lot. Although the demolition and reconstruction of the rear portion of the ground and second floors would not change the current building footprint, it would encroach 19 feet into the required rear yard to within 39 feet 6 inches of the rear property line.

 

                                                            SECTION 188 OF THE PLANNING CODE prohibits enlargements reconstruction of a non-complying structure. Since a portion of the subject building was legally constructed within the currently required rear yard, it is considered a legal non-complying structure. The proposed work would result in the reconstruction and expansion 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/2011.0274V.pdf

 

(ADRIAN PUTRA)

8.                                   2011.0236V:   97 MIGUEL STREET (AKA 192-196 LAIDLEY STREET),  Lot 024B in Assessor’s Block 6665 in a RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

                                                                                         

REAR YARD VARIANCE SOUGHT:   The subject property at 97 Miguel Street (aka 192-196 Laidley Street) is a through lot that contains a four-family dwelling fronting Laidley Street, and a two-car garage structure that fronts Miguel Street.  For Planning Code purposes, the property line adjacent to Miguel Street is considered the rear property line.  The project is to rehabilitate and expand the two-car garage structure. 

 

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 36.5 feet.  The existing garage structure is located entirely within the required rear yard; therefore the project requires a variance from the rear yard requirement of the Planning Code.

 

PER SECTION 188 OF THE PLANNING CODE, a non-complying structure can 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 rear garage structure constitutes a non-complying structure from the rear yard requirement with no existing rear yard setback, where approximately 36.5 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/2011.0236V.pdf


 

 

(BEN FU)

9.                                   2010.1133V:   352 RICHLAND AVENUE, Lot 062 in Assessor’s Block 5744 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

 

                                                            OFF-STREET PARKING VARIANCE SOUGHT:  The proposal is to construct a two-story rear addition on to the existing single-family dwelling.  The existing building encroaches into the required rear yard; however, the proposal will not encroach into the rear yard.


PLANNING CODE SECTION 242(e)(4) sets forth parking requirements for the Bernal Heights SUD.  Three off-street parking spaces are required for construction with usable floor area between 2,251 to 2,850 square feet.  The total usable floor area proposed with the addition would be approximately 2,373 square feet.  One space currently exists and no additional parking will be provided; therefore, a Variance is required.


PER PLANNING CODE SECTION 188, a non-complying structure may not intensify or increase in discrepancy at any level.  The existing building is a non-complying structure in terms of rear yard and parking.  The proposed addition enlarges the existing non-complying building envelope; therefore, a Variance 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/2010.1133V.pdf

 

(GLENN CABREROS)

10.                               2010.0731V:   3801 JACKSON STREET, Lot 001 in Assessor's Block 0990 in an RH-1 (Residential House, One Family) Zoning District and a 40-X Height and Bulk District.

 

                                                            REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to construct a three-story side horizontal addition along the south façade of the rear portion of the existing single-family residence.  The ground floor is proposed to extend to the south side property line.  An approximately 3’-6” side setback is proposed at the 3rd floor and for most of the 2nd floor side addition.


PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a 25-percent rear yard depth of approximately 19 feet.  The existing rear yard is approximately 15 feet deep at the midpoint of the width of the lot; the rear lot line runs at an angle to the rear wall and front lot line of the subject property. The proposed rear yard would measure approximately 17 feet along the south side property line.  The project would not extend further than the existing rear building wall.



 


 

 

                                                            PER SECTION 188 OF THE PLANNING CODE the rear portion of the existing structure is a non-complying structure that may be altered provided no new discrepancy would be created. As approximately the last 4 feet (at the midpoint of the width of the lot) of the existing building projects into the required rear yard area, the building is a non-complying structure. The proposal would project 3 feet, at its greatest depth, into the required rear yard and a new discrepancy would be created.  The project 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/2010.0731V.pdf

 

(RICK CRAWFORD)

11.                               2011.0244V:   471-477 FULTON STREET, Lot 026 in Assessor’s Block 0793 in the Hayes Gough Neighborhood Commercial Transit Zoning District and a 40-X Height and Bulk District

 

                                                            REAR YARD AND EXPOSURE VARIANCES SOUGHT: The proposal is to legalize the conversion of two ground floor commercial units, one located in a building located at the rear of the lot, and one in the building at the front of the lot, to residential use.  The project will result in the legalization of the two dwelling units

                                                            PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 34 feet 5 inches at the first floor with residential units.  The proposal will create a ground floor residential unit with a rear yard of 12 feet 3 inches; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

                                                            PER SECTION 140 OF THE PLANNING CODE all dwelling units must face on a public street, conforming rear yard or other defined open space.  The proposal will create one dwelling unit without a room facing a public street, conforming rear yard or other defined open space: therefore, the project requires a Variance from the dwelling unit exposure (Section 140) requirements 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/2011.0244V

 

(CHRISTINE LAMORENA)

12.                               2011.0225V:   845 MARINA BOULEVARD, Lot 009 in Assessor's Block 0909 in a RH-1 (Residential, House, One-family) Zoning District and a 40-X Height and Bulk District.

 


 


REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to construct a three-story horizontal addition approximately 12 feet deep by 13 feet wide at the rear southeast corner of the single-family dwelling.  The proposal would infill the property’s entire rear yard.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard depth of approximately 15 feet.  The existing building was constructed within the required rear yard area except for the approximately 12 foot by 13 foot open space.  Thus, the proposed rear addition would encroach entirely into the required rear yard.

PER SECTION 188 OF THE PLANNING CODE a non-complying structure may be altered provided no new discrepancy is created.  The rear portion of the existing building is a non-complying structure as it was originally constructed within the required rear yard area.  The proposed horizontal addition would enlarge the non-complying structure, and thus 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/2011.0225V.pdf

 

(AARON HOLLISTER)

13.                                 2011.0251V:   780-784 GREEN STREET, Lot 024 in Assessor’s Block 0118 in a RM-2 (Residential-Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.

 

                                                            REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to expand an egress stair structure located at the rear of the residential structure found at the subject site. The stair structure expansion would bring the stair structure into compliance with current Building Code standards for emergency egress. The new stair structure would extend approximately 7.5 feet further into the rear yard area than the current stair structure and the width of the structure would expand approximately one foot.

 

                                                            PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 34.3 feet. The subject property currently has a rear yard of approximately 33.6 feet. The expanded stair structure would approximately extend another 7.5 feet into the rear yard resulting in a rear yard of approximately 26.2 feet.

 

                                                           


 

 

                                                            PER SECTION 188 OF THE PLANNING CODE non-complying structures are not permitted to be expanded. The existing structure is considered a legal non-complying structure because portions of the structure already encroach into the required rear yard. Therefore, the proposed expansions 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/2011.0251V.pdf

 

 

C.      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: 12/16/2011 1:30:41 PM