Zoning Administrator - Variance Hearing - April 26, 2017 - Agenda

Meeting Date: 
April 26, 2017 - 9:30am
Location: 
United States

Planning Department
City and County of San Francisco

Notice of Hearing
On Application for Zoning Variance

CITY HALL – Commission Chambers Room 408,
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

Public Hearing
Wednesday, April 26, 2017
beginning at 9:30 a.m.

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 and will be considered at a PUBLIC HEARING to be held on the date, time, and place listed on the first page of this Calendar.

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


Accessibility, Language Assistance and Sunshine Ordinance

[ Click Here to Display ]

 

 

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.

  1. 2016-010667VAR       (CATHLEEN CAMPBELL)
    65 BUENA VISTA AVENUE EAST, Lot 1241 in Assessor's Block 009B in a RH-3 (Residential-House, Three Family) Zoning District and a 40-X Height and Bulk District.
    EXPOSURE VARIANCE SOUGHT: The proposed project is to add three Accessory Dwelling Units at the ground floor level of an existing 4-story, 12-unit residential building undergoing seismic retrofitting.
    PER SECTION 140 OF THE PLANNING CODE the subject property is required to have windows of each unit face directly on an open area no less than 25 feet in every horizontal dimension, with an increase of five feet in every horizontal dimension at each subsequent floor immediately above. The dimensions of the open area may be reduced to 15 feet in width and depth for Accessory Dwelling Units. The subject property has a 12’ X 44' rear yard; two proposed accessory dwelling units will face onto the rear yard, which is less than the minimum 15 foot open area required for reduced dwelling unit exposure, thereby requiring an exposure variance.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-010667VAR.pdf.

  2. 2015-018073VAR       (ELLA SAMONSKY)
    245 PIERCE STREET, Lot 070 in Assessor’s Block 0846 in a RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT: The proposal is to construct a deck at the rear of the three-story, two-family residential building. The deck will be at the third floor and will be 11 feet in depth and 9 feet - 2 inches in width.
    SECTION 134 OF THE PLANNING CODE requires the subject property to maintain a rear yard of 26 feet 6 inches. The proposed deck will extend 2 feet - 9 inches 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://notice.sfplanning.org/2015-018073VAR.pdf.

  3. 2016-011975VAR       (CHRISTY ALEXANDER)
    619 CLAYTON STREET, Lot 1246 in Assessor's Block 004 in a RH-3 Zoning District and a 40-X Height and Bulk District.
    EXPOSURE VARIANCE SOUGHT: The proposed project is to add an Accessory Dwelling Unit at the ground floor level of an existing 2-story, 4-unit residential building undergoing seismic retrofitting that does not have a Code-complying rear yard.
    PER SECTION 140 OF THE PLANNING CODE the subject property is required to have windows of each unit face directly on an open area no less than 25 feet in every horizontal dimension, with an increase of five feet in every horizontal dimension at each subsequent floor immediately above. The dimensions of the open area may be reduced to 15 feet in width and depth for Accessory Dwelling Units. The subject property has a 11 feet X 25 feet rear yard; the proposed accessory dwelling unit will face onto the rear yard, which is less than the minimum 15 foot open area required for reduced dwelling unit exposure, thereby requiring an exposure variance.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-011975VAR.pdf.

  4. 2016-005042VAR       (KIMBERLY DURANDET)
    3490 20TH STREET, Lot 021 in Assessor's Block 3729 in the Mission NCT (Neighborhood Commercial Transit) Zoning and 55-X Height and Bulk Districts.
    REAR YARD MODIFICATION VARIANCE SOUGHT: The proposal is to convert the 2nd and 3rd floors of an existing mixed use (retail and office) building from office to residential use. The conversion will include expansion of the structure through the addition of one egress stair and the expansion of an existing egress stair including roof stair penthouses. Minor alteration of the façade to create a new egress door will be included in the scope of work.
    PER PLANNING CODE SECTION 134 the subject property is required to maintain a rear yard of 23.75. The existing structure is constructed with full lot coverage. The required rear yard area of 712.5 square feet will be met through the provision of a roof deck of 734.5 square feet and is requesting a modification pursuant to Section 134(e).
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-005042VAR.pdf.

B. REGULAR CALENDAR

  1. 2014.1509VAR           (CARLY GROB)
    188 OCTAVIA STREET, Lot 034 in Assessor's Block 0853 in a Hayes-Gough Neighborhood Commercial Transit Zoning District and a 50-X Height and Bulk District.
    USABLE OPEN SPACE, REAR YARD MODIFICATION AND PERMITTED OBSTRUCTIONS OVER STREETS VARIANCES SOUGHT: The project proposes to construct a five-story mixed use building with 27 dwelling units over ground floor retail.
    Pursuant to SECTION 135 OF THE PLANNING CODE, 80 square feet of common usable open space is required per dwelling unit. For 27 dwelling units, 2,160 square feet of common usable open space is required. The project proposes a 2,080 square foot roof deck, and therefore requires a Variance from Section 135.
    Pursuant to the PLANNING CODE, SECTION 134(A)(1)(C), lots fronting the east side of Octavia Boulevard between Linden and Market Streets (Central Freeway Parcels L, M, N, R, S, T, U and V) are not required to provide a rear yard setback at any level of the building, provided that the project fully meets the usable open space requirement for Dwelling Units per Section 135 and the exposure requirements of Section 140. The project is compliant with exposure requirements, but is not compliant with the usable open space requirements; therefore, the project requires a rear yard modification from Section 134.
    PLANNING CODE SECTION 136(b)(2) requires that bay windows projecting over streets do not exceed a maximum projection of three feet, or two feet over sidewalks less than nine feet wide. Bays may not exceed a maximum length of 15 feet at the property line, or nine feet at the maximum projection. Bays must be separated at least two feet at the property line, and eight feet at the maximum projection. Bays must be separated from interior lot lines by one foot at the property line, or four feet at the maximum projection. Bays must be at least 50% glazed, with 1/3 the required glazing on a portion of the bay projecting at least a 30 degree angle from the property line.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2014.1509VAR.pdf.

  2. 2016-001065VAR                   (CHRISTY ALEXANDER)
    276 RIPLEY STREET, Lot 040 in Assessor's Block 5550 in an RH-2 Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT: The proposal is to construct a new three story, single-family dwelling to the rear of an existing single-family dwelling on the same lot. The new single family dwelling is proposed to be setback further from the existing home on the property than was first proposed in order to allow additional privacy, light and air to the adjacent buildings and will now be setback 14 feet into the required rear yard.
    SECTION 134 OF THE PLANNING CODE requires the subject property to maintain a minimum rear yard of 45% of the lot or 67 feet. The proposed single-family home would be setback and constructed within the required rear yard with a 53 feet setback from the rear property line.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-001065VAR.pdf.

  3. 2016-015600VAR       (DANIEL SIROIS)
    309 HOLLY PARK CIRCLE, Lot 030 in Assessor's Block 5717 in a RH-2 (Residential-House Two-Family Dwelling) Zoning District and a 40X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT: The proposal is to demolish existing rear decks and stairs constructed without permit, and to construct horizontal and vertical additions to the existing single-family house.
    PLANNING CODE SECTION 134 requires a 34-foot 6-inch rear yard on this lot (measured from the center line of the lot). The existing building encroaches a maximum of 7 feet 11 inches into the rear yard excluding the existing decks. The proposed additions would project a maximum of an additional 7 feet into the required rear (to within 15 feet of the rear property line); therefore, the project requires a rear yard variance.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-015600VAR.pdf.

  4. 2015-018474VAR       (EILIESH TUFFY)
    982 GREEN STREET, Lot 008A in Assessor's Block 0120 in an RH-2 (Residential - House, Two Family) Zoning District and a 40-X Height and Bulk District.
    FRONT YARD, STREET FRONTAGE, REAR YARD VARIANCES SOUGHT: The subject lot measures 32.5’W x 120’L. The proposal is to legalize construction of 2 new garages in the front yard facing Green Street where 1 legal carport existed. The two-family dwelling, which is 2-stories over a basement with a rear deck, is expanded horizontally toward the rear property line by approximately 1 foot at the basement level and by 9 feet at both the 1st and 2nd floors.
    PER SECTION 132 OF THE PLANNING CODE the subject property is required to maintain a front yard depth of 15 feet. The garage structures would encroach into the full 15 feet of required front yard. A 9’x15’ front yard area would be maintained between the two garages; therefore, the project requires a variance from the front yard requirement (Section 132) of the Planning Code.
    PER SECTION 144 OF THE PLANNING CODE the subject property is limited to no more than 1/3 of the width of the ground story (10 feet 10 inches) for entrances to off-street parking at the front lot line. The project devotes over 1/2 of the ground story width (22 feet) for entrances to off street parking at the front lot line; therefore, the project requires a variance from the street frontage requirement (Section 144) of the Planning Code.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain an average rear yard of approximately 32 feet. The rear addition would encroach approximately 1 foot into the required rear yard at the upper floors and the basement level encroaches into the rear 25% of the total lot depth by 4 feet; 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://notice.sfplanning.org/2015-018474VAR.pdf

  5. 2016-012099VAR       (LAURA AJELLO)
    2849-2851 STEINER STREET, Lot 002 in Assessor's Block 0559 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 12 foot wide by 13 foot deep second story deck at the rear of a two-family dwelling.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 20 feet. As the proposed addition would extend to within 8 feet of the rear property line, a variance from the rear yard requirement is required.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-012099VAR.pdf.

  6. 2016-011462VAR       (MICHAEL CHRISTENSEN)
    1709 REVERE AVENUE, Lot 033 in Assessor's Block 5343 in an RH-2 Zoning (Residential-House, Two Family Zoning) District and a 40-X Height and Bulk District.
    FRONT SETBACK VARIANCE SOUGHT: The proposal is to legalize an existing six-foot tall fence within the required front setback.
    PER SECTION 132 OF THE PLANNING CODE the subject property is required to maintain a front setback equal to one-half the front setback of the adjacent building.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-011462VAR.pdf.

  7. 2016-014950VAR       (NICHOLAS FOSTER)
    2125 HYDE STREET, Lot 031 in Assessor's Block 0095 in a RM-2 (Residential-Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.
    USEABLE OPEN SPACE AND EXPOSURE VARIANCES SOUGHT: The Project proposes the conversion of one existing dwelling unit into three (3) dwelling units. The existing 3-bedroom dwelling unit is located on two floors, with an internal staircase connecting the two floors. The Project involves interior tenant improvements and does not otherwise propose any expansion of the existing building envelope.
    SECTION 135 OF THE PLANNING CODE requires useable open space for each dwelling unit in the following amounts: 80 square feet space if private, or approximately 107 square feet if common. Additionally, any such open spaces must meet the dimensional requirements of Subsections (f) and (g). The project proposes the addition of two (2) dwelling units, therefore the amount of common open space required would be approximately 1,064 square feet. The project provides 782 square feet of common open space that meets the dimensional requirements of the Code, approximately 282 square feet short of the requirement of the Code; therefore, the proposal requires a variance.
    SECTION 140 OF THE PLANNING CODE requires each dwelling unit to face directly onto a qualifying street, a Code-complying rear yard or open area as defined by the Code. As the subject property fronts onto a Code-complying Street (Hyde Street), the existing dwelling unit meets the requirements of the Code Section related to dwelling unit exposure. However, the conversion of the existing dwelling unit into three (3) dwelling units would lead to two (2) units that meet dwelling unit exposure (the two (2) units fronting onto Hyde Street), and one (1) unit that faces onto an open area that does not meet the dimensional requirements of the Code; therefore, the proposal requires a variance.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-014950VAR.pdf.

  8. 2014.0867V     (TODD KENNEDY)
    181 EDGEHILL WAY, Lot 012 in Assessor's Block 2933 in a RH-1(D)(Residential - House, One Family- Detached) Zoning District and a 40-X Height and Bulk District.
    FRONT AND REAR YARD VARIANCES SOUGHT: The proposal is to construct a single-car garage addition at the southwest side of the existing house as shown in plans on file under Building Permit Application No. 2014.06.30.9998.
    PER SECTION 132 OF THE ZONING CODE, any addition constructed on the subject property is required to maintain a front setback of 2'6" from the front property line. The proposed new garage would be built to the front property line; therefore, a variance is required.
    PER SECTION 134 OF THE ZONING CODE, requires the main structure and any additions maintain a rear setback of 25% of the lot depth, or 15 feet from the rear property line, whichever is greater. The proposed garage addition would encroach 14 feet into the required 15 feet rear yard; 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://notice.sfplanning.org/2014.0867V.pdf.

  9. 2015-012087VAR       (VERONICA FLORES)
    50 ASHBURY TERRACE, Lot 017A in Assessor's Block 2617A in an RH-1(D) (Residential - House, One Family -Detached) Zoning District and a 40-X Height and Bulk District.
    REAR YARD AND OPEN SPACE VARIANCES SOUGHT: The proposal is for a horizontal addition on the third floor of an existing legal, non-complying single-family residence. The project includes converting an existing roof deck to a new bedroom and also a third floor side addition on the northeast corner of the property. The proposal also includes facade alterations.
    PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard of 15 feet. The existing building encroaches into the required rear yard to within 4 feet of the rear property line. The proposal includes a side addition to within 4 feet of the rear property line; therefore, the project requires a variance.
    PER PLANNING CODE SECTION 135, the subject property is required to have 300 square feet of usable open space. The existing building currently only has approximately 178 square feet of usable open space on a third floor deck, which is being converted into an additional bedroom; therefore, the project requires a variance.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2015-012087VAR.pdf.

  10. 2016-006747VAR       (WAYNE FARRENS)
    320 WALNUT STREET, Lot 015 in Assessor's Block 1008 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 a one-story horizontal expansion at the rear of the existing three-story, three-unit residential building.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 22 feet. The proposed rear addition would encroach approximately 22 feet into the required rear yard at the ground level resulting in no rear yard; therefore, the project requires a variance from the rear yard requirement of the Planning Code.
    PER SECTION 140OF THE PLANNING CODE all dwelling units are required to face onto an open area meeting the requirements of the Planning Code. The proposal includes reconfiguration of one dwelling unit to only face onto the substandard rear yard, which does not meet the exposure requirements of the Planning Code; therefore, the project requires a variance from the exposure 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://notice.sfplanning.org/2016-006747VAR.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


Hearing Procedures

The Zoning Administrator typically holds Variance Hearings on the 4th Wednesday of each month at 9:30 a.m., at the San Francisco City Hall, Room 408. City Hall is located at One Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. Hearings are open to the public.

At the hearing, the Project Sponsor (Variance Applicant) will be given 5 minutes to present their case, including relevant testimony and evidence. The hearing room is equipped with a projector that can display photographs, architectural plans or other drawings and images. Members of the public will be given 3 minutes each to speak on the item. If a member of the public speaks against an item, the Project Sponsor will be given a 3 minute rebuttal.

Persons attending a hearing may comment on any scheduled item. When speaking, please note that a timer is displayed for each speaker and indicates how much time remains. Speakers will hear a loud sound indicating that the speaker's opportunity to address the Zoning Administrator has ended.

Please note that some items may appear on the Consent Calendar. These items are considered routine and may be granted by the Zoning Administrator. There is no separate discussion of consent items unless the Zoning Administrator, member of the public or staff so requests, in which event the matter is removed from the Consent Calendar and will be moved to the Regular Calendar in the Agenda.

In addition, the Zoning Administrator may consider a request for continuance to a later date. He may choose to continue the item to the date proposed, to continue the item to another date, or to hear the item on this calendar.

After all of the testimonies are submitted, the Zoning Administrator will consider the evidence, deliberate, and either make a decision, take the matter under advisement, or continue the matter in order for additional information to be presented.

Each hearing ends with general public comment, at which time members of the public may address the Zoning Administrator for up to 3 minutes 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 during the meeting.

All Agenda of Variance Hearings and its Audio Recording (from June 2010 to present) are available on our website for access.

Sound-Producing Devices Prohibited

The ringing of and use of mobile phones and other sound-producing electronic devices are prohibited at this meeting. Please be advised that the Zoning Administrator may order the removal of any person(s) responsible for the ringing or use of a mobile phone, pager, or other similar sound-producing electronic devices (67A.1 Sunshine Ordinance: Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

Decision Letter and Appeal Process

No decision is final until a Variance Decision Letter is issued. Due to current backlogs, decision letters may take up to 2 months to complete from the date of the hearing. The Zoning Administrator's action to grant or deny a variance application may be appealed to the Board of Appeals within 10 days of the date of the Decision Letter. For more information on how to file an appeal, please contact the Board of Appeals in person at 1650 Mission Street, Suite 304, call (415) 575-6880, or visit the San Francisco Board of Appeals website.

Protest of Fee or Exaction

You may protest any fee or exaction subject to Government Code Section 66000 imposed as a condition of approval in accordance with Government Code Section 66020. The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction. For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development. 

The Zoning Administrator's approval or conditional approval of the development subject to the challenged fee or exaction as expressed in its Motion, Resolution, or Discretionary Review Action or the Zoning Administrator's Variance Decision Letter will serve as Notice that the 90-day protest period under Government Code Section 66020 has begun.

Challenges

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Zoning Administrator or Planning Commission, at, or prior to, the public hearing.

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code

If the Zoning Administrator's or Commission's action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16. This appeal is separate from and in addition to an appeal of an action on a project. Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA. For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184. If the Department's Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.