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May 28, 2003PLANNING 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 28, 2003
Session Begins at 9:30 A.M.

Public Hearing

 

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.

Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408, Fourth Floor, San Francisco, CA. The closest accessible BART Station is the Civic Center Station located at the intersection of Market, Hyde and Grove Streets. Accessible curb side parking has been designated at points along McAllister Street. Accessible MUNI Lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro Lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. American sign language interpreters and/or a sound enhancement system will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 72 hours prior to a hearing. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

For more information on your rights under the Sunshine ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall, Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at Donna_Hall@ci.sf.ca.us.

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin.. Code 16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/.

ZONING ADMINISTRATOR

NOTICE OF HEARING ON

APPLICATION FOR ZONING VARIANCE

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the 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, May 28, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(JAMILLA VOLLMANN)

1. 2003.0140V: 639-641 39TH AVENUE, west side between Anza and Balboa Streets, Lot 007 in Assessor's Block 1582 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct decks, 19 feet wide by 7 feet deep, at the rear of the second and third levels of the existing three-story two-unit building. The decks would be setback 3 feet from both side property lines and would extend into the required rear yard. A spiral staircase is proposed through the center of the decks, connecting them to the yard.

Section 134(a)(2) of the Planning Code requires that the minimum rear yard depth in an RH-2 District 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 ground story is within 54 feet of the rear property line and the proposed decks would extend to within 44 feet of the rear property line where the Planning Code requires a rear yard of 54 feet.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure which increases the degree of noncompliance. The existing second and third floor of the subject building is cantilevered over the required rear yard and is considered a legal noncomplying structure. The proposed alteration would be contrary to Section 188.

(JAMILLA VOLLMANN)

2. 2003.0450V: 1350 WALLER STREET, north side between Ashbury Street and Masonic Avenue, Lot 011 in Assessor's Block 1244 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to replace the church's front stairway with a covered porch and stairway, and to install an ADA compliant handicap lift that would be located behind a new shingled wall with entry gates in the required front setback. The proposal also includes remodeling the front facade and side towers in a manner that resembles the building's original 1904 shingle style facade.

Section 132 of the Planning Code requires that the minimum front setback depth shall be equal to the average of the two adjacent front setbacks but in no case more than 15 feet. In this case, the minimum required front setback is 3 feet 8 inches. The existing front setback is approximately 9 feet 9 inches and the proposed front setback would be approximately 2 feet.

(GLENN CABREROS)

3. 2003.0426V: 1546 PAGE STREET, north side between Ashbury Street and Masonic Avenue, Lot 011 in Assessor's Block 1223 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is for new construction of a three-unit, four-story building on a vacant lot. A 6-foot deep by 15-foot wide fire stair, required as a second means of egress under the Building Code, is proposed to project 6 feet into the required rear yard with 5-foot side setbacks from each side property line. The fire stair is proposed to provide access from all levels of the building including the roof.

Section 134 of the Planning Code requires a rear yard area in an RH-3 Zoning District to be equivalent to 45 percent of the total lot depth, or when using the average of the two adjacent rear yards, no less than 25 percent of the total lot depth or 15 feet, whichever is greater. Per averaging, the required rear yard of the subject property is 20 feet 8 inches.

(KAYE SIMONSON)

4. 2003.0271V: 185 EDGEWOOD AVENUE, west side near Belmont Avenue; Lot 12 in Assessor's Block 2641 in an RH-1(D) (House, One-Family, Detached) District and a 40-X Height and Bulk District.

REAR YARD, SIDE YARD, FRONT SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct an addition at the second floor at the rear of the single-family residence, which is located in the required rear and side yards, and to expand the front garage, which is located in the required front setback.

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 approximately 30 feet. The existing rear yard is approximately 16 feet at the ground floor. The proposed addition is a vertical expansion within the required rear yard; the existing rear yard would be maintained.

Section 133 of the Planning Code requires that side yards be provided, with at least one side yard measuring 3 feet or greater, and the sum of both side yards equal to at least 6 feet. The existing south side yard is 3 feet and would not be changed. The existing north side yard is zero, and the side yard at the proposed addition would also be zero.

Section 132 of the Planning Code requires that the front setback be 15 feet or the average of the two adjacent properties. In this case, the required front setback would be approximately 13 feet. The existing garage is located in the required front setback, and has a zero setback. The application proposes widening the garage from 12 feet to 20 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 and side yards and the required front setback, it is considered a legal, non-complying structure. The proposal is considered to be an expansion and intensification of a non-complying structure.

              (SARA VELLVE)

5. 2003.0240V: 1211/1215 DOLORES STREET - east side between 25th and 26th; Lot 030 in Assessor's Block 6534 in an RH-3 (House, Three Family) District and 40-X Height/Bulk District.

VARIANCE SOUGHT IN CONJUNCTION WITH A LOT SPLIT: A request for an exception to the open space requirement for units 1211/1215 of the subject property. The variance is required as a result of a proposed lot split between 1211/1215 and 1217 Dolores. The variance does not address any proposed construction or alterations.

Section 135 of the Planning Code requires 266 square feet of common usable open space, or a sufficient combination of private and common open space for 1211/1215 Dolores. The proposed lot split would provide only 168 square feet of the required open space for these two units. The open space requirement is fulfilled for the unit at 1217 Dolores.

              (TOM WANG)

6. 2003.0170V 619 SANCHEZ STREET, east side between Cumberland and 19th Streets; Lot 054 in Assessor's Block 3600 in an RH-1 (Residential, House, One-Family) District and Dolores Heights Special Use District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to remove a rear portion of the existing two-story, single-family dwelling and replace it with a two-story addition.

Section 241(a) of the Planning Code requires a minimum rear yard of approximately 34 feet, measured from the rear property line, for the subject lot. The existing building extends to within 33 feet of the rear property line. The proposed two-story addition would extend to within 23 feet of the rear property line, encroaching 11 feet into the required rear yard.

              (RICK CRAWFORD)

7. 2003.0171V: 209 STATES STREET, on the south side of States Street between Ord Court and Levant Street, Assessor's Block 2619 Lot 176; in a RH-2 (Residential House Two Family) District and within the 40-X Height and Bulk District.

REAR YARD SET BACK VARIANCE SOUGHT: The proposal is to demolish the existing rear stairs that extend to the rear property line and construct a new bay window and balcony 3 feet from the rear property line.

Planning Code Section 134 requires a 15 foot rear yard where a 3 foot rear yard will be provided.

              (DANIEL SIROIS)

8. 2003.0279V: 467 DUNCAN STREET, south side of Duncan Street, between Sanchez and Noe, Lot 029, Assessor's Block 6602, located in an RH-2 (Residential, House, Two-Family) District and in a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct: 1) a horizontal addition at the front of the existing single-family dwelling; 2) cylindrical dormers and a spiral staircase connected by a catwalk and glass railing on the east side of the existing roof that extends beyond the front of the existing house, and; 3) a deck extending from the front façade of the building.

Planning Code Section 134 requires a rear yard equal to 45 percent of the lot's depth. The existing house is located entirely within the required rear yard. All proposed alterations are also located within the required rear yard.

Planning Code Section 188 does not allow the alteration of an existing non-complying structure if the alteration further increases the degree of non-compliance. The proposal would increase the non-compliance and therefore requires a variance.

              (ELAINE TOPE)

9. 2003.0199V 41 SANTA ANA AVENUE, east side of the street between San Anselmo Avenue and St. Francis Boulevard; Lot 023 in Assessor's Block 3072 in a RH-1 (D) (House, One-Family Detached Dwellings) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to enclose an existing second story deck on the existing two-story house. The existing house, constructed in 1923 is 2,430 square feet, and the remodeled house will be 2,499 square feet.

Section 134 of the Planning Code requires a minimum rear yard depth of (25%). The lot depth of the subject property is 80 feet and requires a 20-foot rear yard setback. The existing rear yard setback, from the house to the rear yard property line, is 15 feet 10 inches. The existing house is non-compliant with current rear yard setback requirements; therefore it is necessary to acquire variance for the current project.

(TINA TAM)

10. 2003.0355V: 132 MONTEREY BOULEVARD, north side, between Acadia and Baden Streets, Lot 12 in Assessor's Block 6769, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

EXPOSURE VARIANCE SOUGHT: The proposal is to allow construction of a new three-story over garage, single-family dwelling at the front of the subject property. There is currently an existing legal non-complying one-story, single-family dwelling located at the rear portion of the lot.

Section 140 of the Planning Code requires all dwellings units to face directly on an open area of either (1) a public street or alley, (2) a rear yard meeting the requirement of the code, or (3) an open area of no less than 25 feet in every horizontal dimension. The proposal will result in a loss of exposure for the existing dwelling at the rear of the lot since that dwelling will no longer meet any of the scenarios mentioned in the above.

          (JON PURVIS)

11. 2003.0089V: 1143 FLORIDA STREET, east side, between 23rd and 24th Streets; Lot 030 in Assessor's Block 4208; in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk designation.

REAR YARD, OPEN SPACE AND DWELLING UNIT EXPOSURE VARIANCES SOUGHT: The proposal is to construct a second dwelling unit on this lot to be located at the front of the lot and set 7.5 feet back from the front property line. A 20 ft x 26 ft inner court would be provided between the existing dwelling at the rear and the new dwelling at the front.

Section 134 of the Planning Code requires a 25 percent minimum rear yard be provided on residential lots. The proposal would result in a 20 percent rear yard between the new and existing building.

Section 135 of the Planning Code requires that every dwelling unit in the RH-2 District have access to open space of at least 125 square feet, and that if provided within an inner court, only one wall bordering the open space may be higher than the corresponding horizontal dimension of the court. Under the proposal, three of the surrounding walls would be higher than the corresponding horizontal dimension of the court.

Section 140 of the Planning Code requires that every dwelling unit must face onto an open area, and that, if the open area is within an inner court, the court must be no less than 25 feet in every horizontal dimension. Under the proposal, the court would be 26 feet wide and 20 feet deep.

        (DAN SIDER)

12. 2003.0035V: 3579 MISSION STREET, east side, between Santa Marina Street and Appleton Avenue; Lot 027 in Assessor's Block 5712, in an RH-2 (Residential, House, Two-Family) Zoning District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.

OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to construct a three-story vertical addition containing two dwelling units to the existing one-story legally non-conforming commercial structure. The existing structure contains no off-street parking; no new off-street parking is proposed as part of this project.

Planning Code Section 242(e)(4)(B)(ii) requires that within the Bernal Heights Special Use District and an RH-2 Zoning District, and in cases where an addition of more than 200 usable square feet is proposed, buildings with a total usable residential floor area between 2,251 and 2,850 square-feet must provide 4 off-street parking spaces.

The proposal calls for the establishment of 3,414 square feet of usable residential space, however no off-street parking would be created. The structure currently contains approximately 1,000 gross square feet of commercial space which occupies the entire ground story. Pursuant to Code Section 151, this space does not require any off-street parking.

(MAT SNYDER)

13. 2003.0292V: 893 WISCONSIN STREET, Landmark No. 148, the Kerrigan House - Ruth Cravath Stoneyard and Studio, east side between 22nd Street and Madera Street, Lot 57 in Assessor's Block 4162, in an RH-2 (House, Two-family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT. The proposal is to construct an addition at the rear of the house.

Planning Code Section 134(c) requires a 31-foot deep rear yard for the subject property. The north rear corner of the house extends beyond this required rear yard line and therefore is considered to be legally non-complying.

The project proposes to construct an addition that would be within the allowable building envelope for a two-story rear yard extension, which requires a five-foot setback from each side property line. (Planning Code Section 136(c)(25)(A) and (B)(ii)). However, because there is already a non-complying encroachment into the side five-foot setback on the north side, a Variance is required.

(SUSAN SNYDER)

14. 2002.1133V: 3148 SAN BRUNO AVENUE, between Olmstead and Mansell Streets; Lot 19 in Assessor's Block 6156; in an RM-1 (Residential, Mixed, Low Density) District with a 40-X Height and Bulk designation.

OFF-STREET PARKING AND REAR VARIANCES SOUGHT: The proposal is to legalize a fourth dwelling unit in the basement.

Section 151 of the Planning Code requires one independently accessible parking space per dwelling unit. A total of four parking spaces are required. The project proposes to eliminate one parking space in the garage, leaving one space in the garage and one space in the side yard, for a total of two spaces.

Section 134 of the Planning Code states that parking shall not be provided in the required rear yard area. Parking may be provided in the rear yard, contingent upon this variance.

Public Comment:

At this time, members of the public may address the Zoning Administrator on items of interest to the public that are within the subject matter jurisdiction of the Zoning Administrator except agenda items. With respect to agenda items, your opportunity to address the Zoning Administrator will be afforded when the item is reached in the meeting. Each member of the public may address the Zoning Administrator for up to three minutes.

The Zoning Administrator will not take action on any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the Zoning Administrator may:

(1) respond to statements made or questions posed by members of the public; or

(2) request staff to report back on a matter at a subsequent meeting; or

(3) direct staff to place the item on a future agenda. (Government Code Section 54954.2(a))

Adjournment

Last updated: 11/17/2009 10:00:41 PM