April 23, 2003
Notice of Hearing on Application
For Zoning Variance
CITY HALL - Room 408
1 Dr. Carlton B. Goodlett Place
Wednesday, April 23, 2003
Session Begins at 9:30 A.M.
Lawrence B. Badiner, Zoning Administrator
Marge Gambelin, 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 City 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.
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ZONING ADMINISTRATOR
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 City 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 23, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:
9:30 A.M.
(JAMILLA VOLLMANN)
1. 2003.0015V: 132 16TH AVENUE, east side between Lake and California Streets, Lot 043 in Assessor's Block 1375 in an RH-1 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
REAR YARD AND NONCOMPLYING STRUCTURE VARIANCE
SOUGHT: The subject property contains two buildings, a single-family
dwelling at the front of the property and a shed at the rear. The
proposal is to renovate and convert the shed into habitable space
to be used as a guestroom or home office. The proposal does not include
any expansion of the shed.
Section 134(C)(2) of the Planning Code requires that the minimum rear yard depth shall be equal to 45 percent of the total lot depth of the lot on which the building is situated or the average of the two adjacent buildings, but in no case less than 25 percent or 15 feet (whichever is greater). The existing shed is located entirely within the required rear yard, in violation of Section 134 of the Planning Code.
Section 188 of the Planning Code prohibits the intensification of a noncomplying structure which increases the degree of noncompliance. The use of the rear shed would be intensified as it would become a habitable structure. The existing shed already occupies a portion of the required rear yard and is considered a legal noncomplying structure. The proposed renovation to habitable space is considered an intensification of use and would be contrary to Section 188.
(GLENN CABREROS)
2. 2003.0030V: 7309 GEARY BOULEVARD, south side between 37th and 38th Avenues, Lot 041 in Assessor's Block 1507 in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal
is to construct a two-story horizontal addition approximately 41 feet
long by 18 feet wide to the rear of the existing two-unit residence.
The last 9 feet of the rear addition is proposed to extend into the
legally required rear yard for a width of 18 feet.
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. Also when using the average of the
two adjacent rear yards (or the alternative method of averaging which
allows the required rear yard to be averaged in an irregular manner),
the required rear yard shall be no less than 25 percent of the total
lot depth or 15 feet, whichever is greater. Per regular averaging
the required rear yard for the subject lot is 26 feet.
(GLENN CABREROS)
3. 2003.0046V: 14 - 7TH AVENUE, east side between Lake Street and The Presidio, Lot 026 in Assessor's Block 1352 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES
SOUGHT: The proposal is to construct two bay windows at the rear
of the existing three-story single-family house, which currently extends
into the legally required rear yard and is a non-complying structure.
As viewed from the rear yard, the bay windows would occur along the
south side of the second story. One bay window measures approximately
3 by 12 feet and is proposed within the required rear yard area. The
other bay window measures approximately 2 by 12 feet, and only a 2
by 5-foot area of the bay is within the required rear yard.
Section 134 of the Planning Code requires
a rear yard area in an RH-2 Zoning District to be equivalent to 45
percent of the total lot depth, or when using the average of the two
adjacent rear yards, 25 percent of the total lot depth or 15 feet,
whichever is greater. Per averaging, the required rear yard of the
subject property is 58 feet.
Section 188 of the Planning Code prohibits
the expansion, intensification or change in use of a non-complying
structure. Because the rear portion of 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.
(GEOFFREY NELSON)
4. 2003.0082V: 1591 SHRADER STREET, west side between 17th Street and Belgrave Avenue; Lot 020 in Assessor's Block 1289; within an RH-1(D) (Residential, House, Single-Family, Detached) District and a 40-X Height and Bulk District.
REAR YARD, SIDE YARD, AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to add an approximately 15'-6" deep X 11'-4" wide addition to the third floor of the southwest corner rear of a three-story, single-family house, and modify the roof of an existing third-floor sunroom. This addition would expand the area above an existing glass enclosure/sunroom previously approved under prior Variances (Case Nos. 94.519V and 98.292V). The addition would encroach into the required rear yard by up to 25'-4" and into the required side yard by 3'-0". The proposed modification of the roof expands the existing envelope by raising a portion of the roof by 2'-0".
Section 133 of the Planning Code requires two open and unobstructed side yard setbacks of 3 feet each for lots with a width of 31 feet or more but less than 40 feet. The subject property varies in width at approximately 35 feet. The proposed addition at the third floor and expansion of portions of the existing roof would extend to the south property line and therefore fully encroach into the required side yard.
Section 134 of the Planning Code requires an open and unobstructed rear yard of 25% of the depth of the lot, measured from the rear property line. On the irregularly-shaped subject property, this requirement results in a rear yard requirement of approximately 25 feet 3 inches. The proposed addition at the third floor and expansion of portions of the existing roof would extend fully to the rear property line and would be entirely in the required rear yard.
Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the rear of the subject building already extends into the required side and rear yards, it is considered a legal, noncomplying structure.
(KAYE SIMONSON)
5. 2003.0077V: 2062-2064 BUSH STREET, north side between Webster and Buchanan Streets; Lot 7 in Assessor's Block 661 in an RH-2 (House, 2-Family) District and a 40-X Height and Bulk District.
FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a one-car garage in the front setback, with a zero setback at the front property line. The garage would be 15 feet wide and approximately 11 feet tall. A new entry stair is proposed on the east side of the garage addition. The building contains two dwelling units and currently has no off-street parking.
Section 132 of the Planning Code requires that the front setback be equal to 15 feet, or the average of the adjacent properties, whichever is less. In this case, the required front setback would be 15 feet. The existing front setback is 17 feet, as measured to the main facade of the house.
(KAYE SIMONSON)
6. 2003.0106V: 1910-1912 STEINER STREET, east side between Wilmot and Bush Streets; Lot 18 in Assessor's Block 659 in an RH-3 (House, 3-Family) District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCE SOUGHT: The proposal is to raise the building approximately 2 feet to construct a one-car garage at the front of the building. The building contains two dwelling units and currently has no off-street parking.
Section 134 of the Planning Code requires that the rear yard be equal to 45% of the lot depth, or the average of the adjacent properties, but in no case less than 25% of the lot depth. In this case, the required rear yard would be approximately 15 feet (25% of the lot depth). Furthermore, per Section 134(c)(1) of the Planning Code, the last ten feet of permitted building depth cannot exceed 30 feet in height. The existing rear yard is approximately 9 feet and the height of the building, at the ridge, is 33 feet. The proposed rear yard would not be reduced, but the height of the rear of the building, which is in the required rear yard, would be increased to approximately 35 feet.
Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. 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.
(KAYE SIMONSON)
7. 2003.0107V: 3352-3354 CLAY STREET, north side between Presidio Avenue and Walnut Street; Lot 10 in Assessor's Block 997 in an RH-1 (House, 1-Family) District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to remove the existing rear stair and a portion of the rear of the building, both of which are located in the required rear yard, and construct a new stair and a 3-story addition. The addition would be about 5 feet wider than rear of the existing building. The new stair would be located on the east side of the building, set in 4 feet from the side property line. A deck is proposed on the roof of the addition. The building contains two dwelling units.
Section 134 of the Planning Code requires that the rear yard be equal to 25 percent of the lot depth. In this case, the required rear yard would be 32 feet. The existing rear yard is approximately 19 feet at the ground floor and 27 feet to the second and third floors. The proposed rear yard at the new stairs and deck would be 19 feet, and the rear yard as measured to the addition would be approximately 27 feet.
Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. 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.
(MARY WOODS)
8. 2003.0108V: 154 - 158 CARMEL STREET, north side between Shrader and Cole Streets; Lot 14 in Assessor's Block 1290, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
Section 134 of the Planning Code requires the minimum rear yard depth to be equal to 45 percent of the total depth of the lot or the average of adjacent buildings, but in no case less than 25 percent of the lot depth or 15 feet, whichever is greater. In this instance, although the Planning Code requires a minimum rear yard of approximately 51 feet, the existing entry stairs, including a portion of the existing building, are already within the required rear yard by approximately 25 feet. The rebuilt stairs would maintain the existing rear yard setback of approximately 26 feet.
Section 188 of the Planning Code states that if non-complying stairs which are required under the Building Code may be completely removed and replaced within the same footprint if there is no increase in discrepancy without a variance. Because the entry stairs are being relocated and increasing an existing discrepancy, a rear yard variance would be required for the replacement. Because the existing second floor entry stairs already encroach into the required rear yard setback, they are considered legal, non-complying stairs.
9. 2003.0040V: 561 SANCHEZ STREET - east side between Hancock and 19th Streets; Lot 033 in Assessor's Block 3585 in an RH-3 (House, Three Family) District and 40-X Height/Bulk District.
REAR YARD VARIANCE SOUGHT: A request to construct a deck and stairs within the required rear yard of the existing, non-complying, single-family dwelling. The proposed deck would extend seven (7) feet to the north, twelve (12) feet towards the rear with the stairs extending an additional ten (10) feet.
Section 134 of the Planning Code requires a minimum rear yard of 49 feet, measured from the rear property line. The existing building encroaches approximately 19 feet into the required rear yard and the deck would encroach 7 feet to the side, 12 feet to the rear with the stairs extending an additional ten (10) feet. The end of the stairs would be approximately nine (9) feet from the rear property line on the south side of the lot.
Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the expansion as proposed would be contrary to Section 188.
(TINA TAM)
10. 2003.0198V: 32 OCEAN AVENUE, north side, between Alemany Boulevard and Mission Street, Lot 5 in Assessor's Block 3207, in an NC-3 (Neighborhood Commercial, Moderate-Scale) District and a 65-A Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The subject property is a through lot (fronting both on Ocean and San Juan Avenues) and contains three detached structures, owned and occupied by The Ocean Avenue Presbyterian Church. The proposal is to convert the assembly area on the second floor of the existing two-story building fronting on San Juan Avenue into a three-room dormitory for six residents.
Section 132 of the Planning Code requires a minimum rear yard of 25 percent at each residential level. Since the existing building fronting on San Juan Avenue is located entirely in the required rear yard, the creation of a dormitory, a type of residential use, requires a rear yard variance. There is no rear yard requirement for nonresidential uses.
11. 2003.0041V 160 YERBA BUENA AVENUE, located on the south side of Yerba Buena Avenue between Maywood Drive and Santa Paula Avenue; Lot 038 in Assessors Block 3078 in an RH-1(D) (Residential House, Detached) 40-X Height and Bulk District.
REAR YARD SET BACK VARIANCE SOUGHT: The proposal is for the construction of a detached one-story, two-car garage located at the rear southwest portion of the irregular shaped lot.
Section 134 of the Planning Code requires a rear yard of 30.9 feet for the southwest portion of the subject lot, measured from the rear property line. The proposed new-detached garage will encroach approximately twenty one (21) feet into the required rear yard for this area of the irregular shaped lot.
(JON PURVIS)
12. 2003.0002V: 1514 25th STREET, north side, between Texas and Mississippi Streets; Lot 28 in Assessor's Block 4224; in an RH-3 (Residential, House, Three-Family) District with a 40-X Height and Bulk designation.
PARKING VARIANCE SOUGHT: The proposal is to allow the subdivision of the subject lot without providing the required off-street parking space on one of the newly created lots. On January 30, 2002, a Lot Width Variance was granted for Case No. 2000.1129V allowing this 50-foot-wide lot to be subdivided into two lots with widths of 32 feet and 18 feet.
Planning Code Section 121(d) requires the standard minimum lot width to be 25 feet. The variance was granted with a condition that the existing two-unit building on the lot be improved with a one-space-minimum garage to replace the existing parking space on the easterly side of the property. The proposal is to allow this lot split without providing this off-street parking space.
(DAN SIDER)
13. 2002.0909V: 1277 Howard Street and 776 Tehama Street, being a through lot; Lot 076 in Assessor's Block 3729, in an SLR (Service / Light Industrial / Residential) Mixed-Use Zoning District and a 50-X Height and Bulk District.
OFF-STREET PARKING VARIANCE AND REAR YARD EXCEPTION SOUGHT: The proposal is to (1) demolish an existing one-story industrial building facing Tehama Street, (2) demolish an existing two-story industrial building along Howard Street, and (3) construct a single new building with frontages on both Howard and Tehama Streets containing 16 off-street parking spaces in a ground-level garage and 18 dwelling units on upper levels. The structure would contain 5 stories and would be 50 feet in height.
OFF-STREET PARKING VARIANCE SOUGHT: The project would contain a total of 16 independently accessible off-street parking spaces and 18 total dwelling units.
Planning Code Section 151 requires that all properties in the SLR Zoning District provide one independently accessible off-street parking space for each dwelling unit.
REAR YARD EXCEPTION SOUGHT: The subject lot is 160 feet deep and would therefore require a rear yard of 40 feet along either Tehama or Howard Streets. The proposal would create an approximately 40 foot-deep center courtyard in the middle of the property extending from the lowest residential level.
Planning Code Section 134(a)(1) requires than all residential structures in the SLR Zoning District provide a rear yard equal to at least 25 percent of the total lot depth.
Planning Code Sections 134(e)(1) and 307(g) allow for exceptions from certain specific Code standards through administrative review rather than the Variance process.
(BEN FU)
14. 2003.0237V: 1559-1561 JERROLD AVENUE, south side, between Third and Mendell Streets; Lot 017 in Assessor's Block 5278, in a RH-1 (Residential, One-Family House) District with a 40-X Height and Bulk Designation.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a new two-story addition at the rear of the dwelling. The existing rear building wall intrudes approximately 3'-0" into the required rear yard, leaving a rear yard of approximately 22'-0". The proposed two-story rear addition intrudes an additional 6'-4" into the required rear yard, leaving a rear yard of 15'-8".
Planning Code Section 134(c) requires that in all RH-1 Zoning Districts, the minimum rear yard requirement depth shall be equal to 25 percent of the total depth of the lot, or 15'-0", whichever is greater. The rear yard is required at all levels. The required rear yard depth is 25'-0".
Planning Code Section 188 prohibits intensification or increase in any discrepancy at any level of a non-complying structure. The existing building is a non-complying structure. The proposed addition enlarges the existing non-complying building envelope.
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
