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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, December 7, 2011

Session Begins at 9:30 A.M.

Public Hearing

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 and Audio Recording of the Hearing 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.    ITEMS TO BE CONTINUED (to January 25, 2012)

(ADRIAN PUTRA/DOUG VU)
1.    2011.1091V:    3348 MARKET STREET; Lot 005A in Assessor’s Block 2717 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
    
REAR YARDSETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal includes the expansion of an existing noncomplying garage structure. The expansion will result in an encroachment into the required rear yard area, necessitating the granting of rear yard and noncomplying structure variances.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 15 feet.  Therefore, the proposal to expand the garage 3 feet 6 inches into the required rear yard requires a variance from the rear yard requirement (Section 134) of the Planning Code.

PER SECTION 188 OF THE PLANNING CODE a noncomplying structure cannot be altered to result in any new or additional discrepancy between the existing conditions on the lot and the required standards for new construction.  Therefore, the proposal to expand the garage 3 feet 6 inches into the required rear yard requires a variance from the noncomplying structures requirement (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/2011.1091V.pdf.

(ADRIAN PUTRA/DOUG VU)
2.    2011.1066V:    3939 – 3941 17TH STREET; Lots 107 & 108 in Assessor’s Block 3582 in a RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.
    
REAR YARD SEBACK AND NON-COMPLYING VARIANCES SOUGHT:   The proposal includes the demolition of a rear addition and the construction of a replacement addition to the existing noncomplying two-family dwelling. The replacement addition is located within the required rear yard and will change the roofline and increase the height at the rear of the building, necessitating the granting of rear yard and noncomplying structure variances.

PER SECTION 134 OF THE PLANNING CODE the last 10 feet of building depth permitted on the subject lot is limited to a height of 30 feet. Therefore, the proposal to raise the rear of the building 2 feet 10 inches to a new height of 34 feet 9 ½ inches requires a variance from the rear yard requirement (Section 134) of the Planning Code.

PER SECTION 188 OF THE PLANNING CODE a noncomplying structure cannot be altered to result in any new or additional discrepancy between the existing conditions on the lot and the required standards for new construction. Therefore, the proposal to rebuild the rear addition 4 feet and 3 feet 6 inches closer to the west and east property lines, respectively, requires a variance from the noncomplying structures requirement (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/2011.1066V.pdf

B.    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.

(ELIZABETH WATTY)
3.    2011.0915V:    2600 PACIFIC AVENUE, Lot 003 in Assessor's Block 0584 in a RH-1 (Residential- House, One Family) Zoning District and a 40-X Height and Bulk District.
 
REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal includes the construction of a new dormer window along the northern (rear) slope of the existing noncomplying single-family dwelling. Although the new dormer will not extend above the existing roof's ridgeline, it will volumetrically expand a portion of the roof that is located within the required rear yard, necessitating the granting of rear yard and noncomplying structure variances.

PER SECTIONS 134 AND 188 OF THE PLANNING CODE the Subject Property is required to maintain a rear yard of approximately 32'-0", measured parallel to the rear property line.  The existing single-family dwelling encroaches into the required rear yard by approximately 28'-0", extending to within approximately 4’-0” of the rear property line. The proposed dormer encroaches into the required rear yard by approximately 19'-0", extending to within approximately 13'-0" of the rear property line. This rear yard encroachment necessitates rear yard and noncomplying structure variances, pursuant to Planning Code Sections 134 and 188, respectively.

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/2011.0915V.pdf.

C.    REGULAR CALENDAR

 (BEN FU)
4.    2011.1062V:    169 NEVADA STREET, Lot 021 in Assessor's Block 5655 in a RH-1 (Residential- House, One Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD, PARKING, AND MASS REDUCTION VARIANCES SOUGHT:  The proposal is to create additional usable floor area by (1) raising the existing roof height three additional feet, (2) proposing a new dormer on the north side facade, and (3) adding a new two-story rear addition to the existing two-story, single-family dwelling.

PLANNING CODE SECTION 242 requires buildings on lots which have a depth greater than 70 feet may not be deeper than 45'-6" measured from the front property line; the remainder of the lot shall be used for rear yard. The required rear yard depth for the subject lot is 53'-0". The existing rear yard is approximately 51'-0" measured to the rear building wall and 43'-0" measured to the rear deck.  The proposed building expansion encroaches approximately 6’-0” into the required rear yard, and the proposed rear stair and deck encroach an additional 13'-0"; leaving a rear yard of approximately 47'-0" measured to the rear building wall and 34’-0” measured to the rear stair; therefore, a variance is required.
 
PLANNING CODE SECTION 242 requires a total of 650 square feet of usable floor area to be removed from the exterior of the building, causing a reduction in square footage as well as building volume. The proposal is approximately 240 square feet short of meeting the requirement; therefore, a variance is required.

PLANNING CODE SECTION 242(e)(4) sets forth the parking standards for new constructions and alterations.  Three off-street parking spaces are required for construction that results in usable floor area between 2,251 to 2,850 square feet.  The total usable floor area proposed with the addition would be approximately 2,840 square feet.  One independently accessible parking space exists but no additional spaces are proposed; therefore, a variance is required.

PER PLANNING CODE SECTION 188, a non-complying structure is prohibited from intensification or increase in discrepancy at any level.  The existing building is a non-complying structure in terms of rear yard.  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/2011.1062V.pdf.

(BRITTANY BENDIX)
5.    2011.0715V:    10-12 LUCKY STREET, Lot 039 in Assessor's Block 6521 in a RH-3(Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

LOT SIZE AND REAR YARD VARIANCES SOUGHT:  The proposal is to legalize the subdivision of a lot which is substandard in regards to lot size, and to reconstruct the existing deck and stairs in the rear yard.

PER SECTION 121 OF THE PLANNING CODE, the newly created lot must have a minimum lot area of 1,750 square feet. The proposed lot will have a total lot area of 1,450 square feet; therefore, a variance is required.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 45% of the lot depth, equal to 26-feet for the subject lot. The existing building currently encroaches into the required rear yard and provides a rear yard of 12.5-feet. The existing deck and stairs were built without benefit of a permit and are 8.5-feet deep and 16.5-feet wide, which results in a rear yard of 4-feet. The proposed deck and stairs would be 10.5-feet deep and 13.5-feet wide and would leave a rear yard of 2-feet.  The top level of the deck is 14-feet above grade and has a railing of 3.5-feet. The proposed deck and stairs will not require any firewalls.
 
PER SECTION 188 OF THE PLANNING CODE, a non-complying structure cannot be expanded.  The subject building is considered a non-complying structure because it is located partially within the required rear yard; therefore, the project requires a variance from the non-complying structure requirement (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/2011.0715V.pdf.

(CHRISTINE LAMORENA)
6.    2011.0830V:    2882-2890 GEARY BLVD., Lot 045 in Assessor's Block 1069 in a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:   The proposal is to convert two vacant office spaces (approximately 500 square feet each) into two new dwelling units on the second floor of the four-story mixed-use building.  

PER SECTION 134 OF THE PLANNING CODE the subject property requires a rear yard of 15 feet in depth at the second floor.  The existing building covers the entire subject lot and no rear yard for the two new dwelling units at the second floor is proposed.  

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/2011.0830V.pdf.


 (ELIZABETH WATTY)
7.    2009.0737V:    719 SARGENT STREET;  Lot 046 in Assessor’s Block 7084 in a RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:  The proposal seeks to legalize the horizontal rear addition and staircase, as well as numerous interior alterations constructed without benefit of permit, cited through the Department of Building Inspection’s Notice of Violation No. 200857216.

PER SECTION 134 OF THE PLANNING CODE the Subject Property is required to maintain a rear yard of approximately 25’-0”, measured parallel to the rear property line.  The horizontal rear addition extends approximately 12’-3” beyond the existing (legal) single-family dwelling and the rear staircase is located at the back of the horizontal rear addition, extending an additional seven feet (7’-0”). The addition and staircase together encroach approximately 14’-0” into the required rear yard, extending to within 11’-0” of the rear property line. This 14’-0” 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/2009.0737V.pdf.

(GLENN CABREROS)
8.    2011.0943V:    2808 LAGUNA STREET, Lot 021 in Assessor's Block 0543 in a RH-2(Residential -House, Two-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:  The project proposes to construct a deck on the roof of the two-story-over-basement single-family house and to construct two open spiral staircases at the rear of the building.  One spiral staircase would connect the rear yard to the one-story roof deck above.  The other spiral staircase would connect the proposed roof deck to the one-story roof deck below.

PER PLANNING CODE SECTION 134, the required rear yard for the subject property, based on averaging the adjacent lot to the north, is approximately 39 feet.  The proposed stairs connecting the new roof deck to the one-story roof deck below would project 4 feet into the required rear yard.

PER PLANNING CODE SECTION 136, a 12-foot deep, one-story rear extension is allowed as a permitted obstruction into the required rear yard.  The proposed stairs connecting the rear yard to the one-story roof deck above would extend 4 feet beyond the rear wall of the existing one-story permitted obstruction.

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/2011.0943V.pdf.

 (GLENN CABREROS)
9.    2011.1164V:    305 SPRUCE STREET, Lot 002 in Assessor's Block 1012 in a RH-1(Residential -House, One-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:  The project proposes a three-story horizontal addition at the rear of the four-story, single-family residence. Only the horizontal addition at the ground floor is subject to the variance request.

PLANNING CODE SECTION 134 requires a 25-foot rear yard for the subject property.  The proposed rear addition at the ground floor would include a roof deck and project 8 feet into 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/2011.1164V.pdf.
 (RICHARD SUCRE)
10.    2011.1057V:    28 MONTCALM STREET, Lot 002 in Assessor's Block 5530 in a RH-1 (Residential-House, One Family) Zoning District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.

REAR YARD VARIANCE SOUGHT:  The proposal includes construction of a one-story horizontal addition on the ground floor and construction of a rear deck stair from the ground floor to grade.  The proposed addition and deck stair would extend into the required rear yard.

PER SECTION 242(e)(2) OF THE PLANNING CODE , the subject property is required to maintain a rear yard of 27 feet, which is based upon a depth of 45.5 feet from the front property line and the 2 feet 6 inch front setback bonus.  The proposed addition would project approximately 3 feet 6 inches into the required rear yard, while the proposed deck stair would project approximately 7 feet from the new horizontal addition, thus resulting in a rear yard of approximately 23 feet 6 inches (to the addition). Therefore, the project requires a variance from the rear yard requirement (Section 242(e)(2)) 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/2011.1057V.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: 12/1/2011 10:58:45 AM