September 24, 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, September 24, 2003
Session Begins at 9:30 A.M.
JIM NIXON, Acting 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, September 24, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:
9:30 A.M.
(MARY WOODS)
1. 2003.0635V: 131 CHERRY STREET, west side between Washington and Jackson Streets; Lot 003A in Assessor's Block 0990, in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District. The lot is irregularly shaped with a frontage of 33 feet, and a depth of approximately 57 feet at the north property line and approximately 62 feet at the south property line. The existing building is a four-story, single-family residence, with a side yard along the north property line that continues to the rear of the lot, forming an "L-shaped" open space.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to demolish the existing one-story deck and stairs at the rear of the building, and construct a three-story tiered addition of approximately 845 square feet, of which 599 square feet are within the required rear yard. The three-story tiered addition is comprised of: 1) a one-story portion (approximately 456 square feet is within the required rear yard) with deck above, abutting almost the entire width of the rear property line (29 feet) except for a small portion (4 feet) that is set back 6 feet from the rear property line; 2) a second-story portion (approximately 106 square feet is within the required rear yard) that is set back six to seven feet from the rear property line; and 3) a third-story portion (approximately 37 square feet is within the required rear yard) that is set back 10 to 12 feet from the rear property line.
Section 134 of the Planning Code requires that the minimum rear yard depth to be equal to 25 percent of the total depth of the lot, but in no case less than 15 feet. In this instance, although the Planning Code requires a minimum rear yard of approximately 15 feet, a portion of the existing rear three-story building (approximately 36 square feet) and the entire deck and stairs are already within the required rear yard. The rear building wall is approximately 13 feet to 15 feet from the rear property line while the deck is within two to four feet of the rear property line, and the stairs are four to five feet from the rear property line.
Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building already encroaches into the required rear yard setback, it is considered a legal, non-complying structure. The proposed additions of building enlargements and a rear deck are considered to be an expansion and intensification of a non-complying structure and therefore the project as proposed would be contrary to Section 188.
(MARY WOODS)
2. 2003.0529V: 546 - 28TH AVENUE, east side between Geary Boulevard and Anza Street; Lot 024A in Assessor's Block 1517, in an RM-1 (Residential, Mixed Districts, Low Density) District and a 40-X Height and Bulk District. The lot is 30 feet wide by 60 feet deep, containing approximately 1,800 square feet. The existing building is a one-story over garage, single-family residence, covering almost the entire lot.
FRONT SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a new third-floor level, approximately 1,100 square feet, of which approximately 129 square feet (4.8 feet deep by 27 feet wide) would be in the required front setback. The proposal would add a second dwelling unit.
Section 132 of the Planning Code requires that the front setback be equal to 15 percent of the lot depth, or the average depth of adjacent front setbacks, whichever is less. The proposed third-floor level, in order to align with the floors below would extend to the front property line, whereas the Planning Code requires a front setback of approximately 4.8 feet based on the average depth of adjacent front setbacks.
Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing house already encroaches into the required front setback, it is considered a legal, non-complying structure. The proposed third-floor addition would be considered to be an expansion and intensification of a non-complying structure and therefore the project as proposed would be contrary to Section 188.
(GLENN CABREROS)
3. 2003.0530V: 1751 LAKE STREET (a.k.a. 100-108 19th AVENUE), southeast corner of the intersection with 19th Avenue, Lot 029 in Assessor's Block 1378 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
MINIMUM LOT AREA, REAR YARD, OPEN SPACE AND PARKING VARIANCES SOUGHT: The subject property consists of two buildings on one lot, 100 feet deep by 32.5 feet wide. A four-story, single-family residence with two parking spaces is on the northern portion of the lot and is approximately 55 feet deep. On the southern portion of the lot is a two-story, two-unit building without parking, 28 feet deep and 32.5 feet wide. The proposal is to split the lot creating one lot for each building. The single-family residence is proposed on a lot measuring 72 by 32.5 feet. The two-unit building is proposed on a lot measuring 28 by 32.5 feet.
Section 121(e) of the Planning Code requires that the minimum lot area for a lot having its street frontage entirely within 125 feet of the intersection of two streets shall be 1,750 square feet. While the lot for the single-family residence would have 2,340 square feet in area, the lot for the two-unit building would measure 910 square feet.
Section 134(a)(2) of the Planning Code requires that the rear yard in an RH-2 District be equal to 45% of the total depth of the lot on which the building is situated, or the average of the two adjacent rear yards but in no case less than 25% of the lot depth or 15 feet whichever is greater. The proposed northern lot would create a lot with a 16-foot rear yard, where the required rear yard is 15 feet. The proposed southern lot would create a lot without a rear yard where the required rear yard is 15 feet
Section 135 of the Planning Code requires that useable open space be provided for each dwelling unit in an R District. In RH-2 Districts, the useable open space requirement is 125 square feet of private useable open space per unit or 166 square feet of common useable open space per unit. The proposal would provide the required minimum dimensions and area for useable open space for the single-family residence but not for the two-unit building. Currently, the two-unit building does not have useable open space, as a wood fence separates the two existing buildings. The proposed lot split would occur at the location of the existing wood fence.
Section 151 of the Planning Code requires one independently accessible parking space for each dwelling unit. The single-family residence would comply with the parking requirement as the building was constructed with two parking spaces. The two-unit building would not have parking as the building was constructed without a garage.
(KAYE SIMONSON)
4. 2003.0614V: 2682 BROADWAY, north side between
Divisadero and Scott Streets; Lot 2A in Assessor's Block 960 in an RH-1 (Residential,
House, 1-Family) District and a 40-X Height and Bulk District.
FRONT SETBACK, REAR YARD, AND NON-COMPLYING STRUCTURE
VARIANCES SOUGHT: The proposal is to modify the front facade of the
single-family residence, rebuilding it about 4 inches closer to the street
on the west half and 1 foot 6 inches closer on the east half. The existing
fire escape will be removed from the front of the building and a new fire
escape constructed at the rear, adjacent to the east property line and replacing
a portion of the rear decks; a fire wall will be required along the east
side property line, extending from the existing rear facade 3 feet 10 inches
and up to the third floor level.
Section 132 of the
Planning Code requires that the front setback be equal to the average
of the two adjacent properties or 15 feet, whichever is less. In this case,
the required front setback would be 15 feet. The existing front setback
varies, measuring 11 feet 3 inches at its closest point. The proposed front
setback would measure 10 feet 11 inches on the west half of the facade and
12 feet on the east half.
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 25 feet
7 inches. The existing rear yard measures approximately 25 feet to the rear
facade of the building and approximately 21 feet 2 inches to the existing
deck and proposed fire escape. While the fire escape is a permitted obstruction
pursuant to Planning Code Section 136(c)(4), the Building Code-required
firewall would extend approximately 4 feet 5 inches into the required rear
yard.
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 front
setback and 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)
5. 2003.0629V: 1900 McALLISTER STREET, northwest corner of the intersection of McAllister and Lyon Streets; Lot 005 in Assessor's Block 1159; within an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.
REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:
The proposal is to enlarge and add a roof deck to a detached garage located
in the required rear yard. The proposal is also to replace and relocate
several flights of exterior egress stairs also located in the required rear
yard. The detached garage and egress stairs are considered noncomplying
with respect to the Planning Code, as they are located in the required rear
yard.
Section 134 of the Planning Code states that
the minimum rear yard depth in an RM-1 District shall be 45% of the total
depth of the lot on which the building is situated. On a corner lot such
as the subject property, Section 134 allows this 45% rear yard to be further
reduced to a line equal to the depth of the one adjacent building. On the
subject lot, this results in a required rear yard of approximately 35 feet.
The existing stair and detached garage project into the required rear yard
fully to the rear lot line. The proposed alteration would infill an approximately
3'-0" walkway between the 3-unit residential over commercial structure
and the detached garage, essentially attaching it to the house. The proposal
is also to create usable space by lowering the roof of the garage to create
a roof deck, and to replace/relocate several egress stairs. The stairs would
be reconfigured in a location allowing greater light and air to the neighboring
property to the west.
Section 188 of the Planning Code states that
no noncomplying structure shall be enlarged or intensified in any way that
increases the discrepancy between the current configuration of the structure
and the Code requirement. The proposed alterations would expand the depth
of the existing garage by approximately 3 feet, and would occupy new area
in the required rear yard. Though the height of the garage would not be
increased, the creation of a roof deck on the garage represents an increase
in the intensity of use of the garage.
(TINA TAM)
6. 2003.0522V 4136-17th STREET, north side between Eureka and Diamond Streets, Lot 30A in Assessor's Block 2623 in an RH-3 (Residential, House, Three-Family) District.
REAR YARD VARIANCE SOUGHT: The proposal is
to construct a new sun porch and stairs at the rear of the property. The
new stairs are located entirely in the required rear yard.
Section 134 of the
Planning Code requires a minimum rear yard of 15 feet. The proposed
new stairs would extend to zero feet of the rear property line (encroaching
15 feet into the required rear yard).
(TINA TAM)
7. 2003.0542V 121 HOFFMAN AVENUE, northeast corner of Hoffman Avenue and 23rd Street; Lot 25A in Assessor's Block 2802 in an RH-2 (Residential, House, Two-Family) District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a second story vertical addition to an existing one-story over garage, single-family dwelling. The new vertical addition is approximately 320 square feet in size. The proposal also includes reconstruction of the enclosed stairs, one-story in height and located entirely within the required rear yard.
Section 134 of the Planning Code requires a minimum rear yard of approximately 15' for the subject property, measured from the rear property line. The proposed extension would extend to approximately four feet of the rear property line, encroaching approximately 11 feet into the required rear yard.
Section 188 of the Planning Code does not permit the expansion of a noncomplying structure. The subject building is considered a legal noncomplying structure because a portion of the existing building already encroaches into the required rear yard. Therefore, the proposed reconstruction and expansion of the subject noncomplying structure would be contrary to Section 188 and would require a Variance.
Section 134 of the Planning Code requires a minimum rear yard of 15 feet. The proposed new stairs would extend to zero feet of the rear property line (encroaching 15 feet into the required rear yard).
(SARA VELLVE)
8. 2003.0623V: 809/811 NOE STREET - east side between 21st and Hill Streets; Lot 092 in Assessor's Block 3621 in an RH-1 (House, One Family) District and 40-X Height/Bulk District. The subject lot is located within the Dolores Heights Special Use District.
REAR YARD VARIANCE SOUGHT: The proposal is to demolish and reconstruct the one story rear extension of the subject building. The proposed extension will be one foot shorter, one foot wider and partially setback three feet from the south property line. An adjacent deck will be reduced from eight feet deep to three feet (+/-). The proposal requires a Variance as the extension exceeds the rear yard requirement of the Dolores Heights SUD (Code Section 241).
Section 241 of the Planning Code requires a minimum rear yard of approximately 39 feet for the subject property, measured from the rear property line. The rear addition would extend to 25 feet from the rear property line and encroach 14 feet into t he required rear yard. The current extension extends 15 feet into the required rear yard.
(MICHAEL SMITH)
9. 2003.0608V: 4062 23rd STREET, north side of the street between Noe and Castro Streets; Lot 018 in Assessor's Block 3624 in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE: The proposal is to construct a one-story vertical addition at the rear of the building. The addition will increase the height of the building by 5'-6", measure approximately 30'-8" in depth, and it would be set back 31'-4" from the existing front building wall.
Section 134 of the Planning Code requires a minimum rear yard depth of approximately 51'-4" (45%) measured from the rear property line. The proposed addition would extend to within approximately 38-feet of the rear property line encroaching 13'-4" into the required rear yard.
Section 134(C)(1) of the Planning Code requires that the last ten-feet of building depth be limited to 30-feet in height in any case in which a rear yard requirement is reduced. The proposed addition would measure 35-feet in height extending 5-feet above the permitted height for the last ten-feet of building depth.
Section 188 of the Planning Code prohibits the intensification or expansion of a noncomplying structure. Because the rear portion of the building already encroaches 13'-4" into the required rear yard, the one-story vertical addition over this portion of the building would be contrary to Section 188.
(MICHAEL SMITH)
10. 2003.0706V: 3991 20th STREET, south side of the street between Sanchez and Church Streets; Lot 055C in Assessor's Block 3605 in a RH-1 (Residential, House, One-Family) District, the Dolores Heights Special Use District, and a 40-X Height and Bulk District.
REAR YARD VARIANCE: The proposal is to construct a rear addition with a roof deck and infill beneath the existing rear deck with a one-story addition. The rear addition will contain a new internal stairway and increase the depth of the building by 4'-6" and measure 22'-4" in height above grade.
Section 134 of the Planning Code requires a minimum rear yard depth of approximately 38'-6" measured from the rear property line. The proposed addition would extend to within approximately 32'-6" of the rear property line encroaching 6-feet into the required rear yard.
Section 188 of the Planning Code prohibits the intensification or expansion of a noncomplying structure. Because the rear deck already encroaches 6-feet into the required rear yard, the one-story infill beneath the deck would be contrary to Section 188.
(TOM WANG)
11. 2003.0543V: 4230, 4234 and 4238 20TH STREET, north side between Castro and Collingwood Streets; Lots 047, 048 and 049 in Assessor's Block 2696 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to remove an existing three-story staircase and replace it with a new three-story staircase, connecting each dwelling level to the ground, at the rear of the existing three-story over basement, three-family dwelling. A deck would also be constructed adjacent to the new staircase at the first and second floor, respectively.
Section 134(c)(1) of the Planning Code requires a minimum rear yard of 43 feet, measured from the rear property line, for the subject lot. The proposed three-story staircase would extend to within 31 feet of the rear property line, encroaching 12 feet into the required rear yard. Both proposed first and second floor decks would extend to within 34 feet of the rear property line, encroaching 9 feet into the required rear yard.
Section 188 of the Planning Code prohibits the reconstruction after demolition of a noncomplying structure except in full conformity with its requirements. The existing staircase which is already within the required rear yard is considered a legal, noncomplying structure. Therefore, the project would result in the reconstruction of a noncomplying structure.
(MAT SNYDER)
13. 2003.0540V: 1817 - 19th STREET, south side between DeHaro Street and Carolina Street, Lot 31 in Assessor's Block 4071, in an RH-2 (House, Two-family) District and a 40-X Height and Bulk District.
REAR YARD AND LOT SIZE VARIANCE SOUGHT: The project is to construct an addition to the existing single-family house that would include adding two additional stories, adding approximately seven-feet of depth to the rear of the house, adding about six-feet of width to the structure toward the rear, and making façade changes to the front of the house.
Planning Code Section 134c(1) requires an approximately 19.5-foot rear yard measured from the rear property-line based on the average depths of the adjacent two buildings. For the rear most three-feet of the allowable building envelope (the depth between the rear yard line as determined by the average of the adjacent two rear buildings, and 45-percent of the lot depth), the height is further limited to 30-feet. The proposal includes constructing an addition that would be three stories at the rear of the structure and would extend 12-feet from the rear property line.
Planning Code Section 121(e)(2) requires that all lots have an area of at least 1,750 square feet where they are within 125-feet from the nearest intersection. The existing subject lot is 1,665 square feet but was created without review by the Planning Department for conformance with this standard. This Variance would establish the existing lot as a legal lot of record under the Planning Code.
(MAT SNYDER)
14. 2003.0540V: 624 Natoma Street, north side between 8th Street and 7th Street, Lot 47 in Assessor's Block 3727, in an RED (Residential Enclave District), and a 40-X Height and Bulk District.
PARKING AND REAR YARD VARIANCE SOUGHT. The
project is to legalize an existing fifth ground floor unit of an existing
four-unit structure without providing parking and to construct a two-story
rear deck that would extend approximately seven-feet into the required rear
yard.
Planning Code Section 151 requires one parking
space for each dwelling unit. The structure is currently legally non-complying
for parking in that it does not include any parking spaces for the four
existing legal units.
Planning Code Section 188(a) prohibits the
discrepancy between the Code-required parking situation and the actual parking
situation to be made greater. By legalizing the existing ground floor unit
without providing parking, the parking discrepancy would be made greater.
Planning Code Section 134(a)(1) requires
an 18.75-foot deep rear yard measured from the rear property line. The proposal
is to construct a two-story deck that would extend approximately 6-feet
from the rear property line.
(KATE MCGEE)
15. 2003.0538V: 1187-1189 SOUTH VAN NESS, east side of South Van Ness Avenue, between 22nd and 23rd Street; Lot 027 in Assessor's Block 3638, in an RH-3 (Residential House, Three Family) Zoning District and in a 50-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is
to construct a 120 square foot deck at the rear of the top floor flat located
at 1187 South Van Ness Avenue. The proposed third floor addition would measure
120 square feet. The deck would wrap around the rear building wall, including
the rear bay window, and measures 19 feet in length and approximately 9
feet in depth. The building currently protrudes into the required rear yard
up to 23 feet and is therefore a non-complying structure.
Planning Code Section 134(c) states that
the rear yard requirement of 45 percent can be reduced based upon the average
of the adjacent buildings. In this case, the rear yard requirement is 43
feet (43 percent). The proposed addition protrudes 14 feet into the required
rear yard leaving a rear yard depth equal to 29 feet (23 percent), and therefore
requires a Rear Yard Variance.
Planning Code Section 188 states that a non-complying
structure can be increased provided that there is no increase in any discrepancy,
or any new discrepancy, at any level of the structure. The proposal to expand
upon the existing non-complying structure increases its discrepancy and
thus, requires a Rear Yard Variance.
(KATE MCGEE)
16. 2003.0605V: 110 BRADFORD STREET, west side of Bradford, between Powhattan and Cortland Avenue; Lot 003 in Assessor's Block 5656, in an RH-1 (Residential, House, One-Family) District and in the Bernal Heights Special Use District, with a 40-X Height and Bulk Designation.
REAR YARD VARIANCE SOUGHT: The proposal to
construct a 490 square-foot horizontal rear addition at the building's ground
floor is within the required rear yard and therefore requires a Variance.
The proposed addition measures up to 25 feet in length, up to 21 feet in
width and approximately 13 feet in height. The proposed addition would encroach
18 feet into the required rear yard and would be 40 feet from the rear property
line. The project also includes a trellis that extends over the patio area
and measures 19 feet in width and 9 feet in depth on the south side, and
4 feet in depth on the north side.
Planning Code Section 242(e)(2)(A) requires
that buildings on lots which have a depth greater than 70 feet shall not
be deeper than 45.5 feet measured from the front property line; the remainder
of the lot is to be used for rear yard. For the subject property, the required
rear yard is 54.5 feet.
(JULIAN BANALES)
17. 2003.0464V: 1142-1144 TREAT AVENUE & 43 LUCKY STREET, being a through lot from Treat Avenue to Lucky Street; Lot 010 in Assessor's Block 6521, in an RH-2 (Residential, House, Two-Family) Zoning and a 40-X Height and Bulk District.
LOT AREA, USABLE OPEN SPACE, AND REAR YARD VARIANCES
SOUGHT: The proposal is to (1) subdivide an existing 2,812.5 square
foot through-lot into two separate lots of 1,125 square feet and 1,687.5
square feet, each with frontage on only one right-of-way. The proposed lot
along Lucky Street would be 45 feet deep while the proposed lot along Treat
Avenue would be 67.5 feet deep.
Planning Code Section 121(e)(2) requires
that all properties in the RH-2 Zoning District contain no less than 2,500
square feet of lot area.
Planning Code Section 135 requires that no
less than 125 square feet of private usable open space be provided for a
single dwelling unit in accordance with the standards in Planning Code Section
135(f) and (2) for the proposed Treat Avenue lot because Planning Code Section
135 requires that a total of no less than 333 square feet of common usable
open space be provided for the two existing
dwelling units in accordance with the standards of Section 135(g). The Lucky
Street property would provide no eligible usable open space. The Treat Avenue
lot would not provide any eligible usable open space, although an open space
of approximately 130 square feet would be provided. The proposed open spaces
would not vary from existing open areas on the property.
Planning Code Section 134(c) requires a minimum
required rear yard shall be 45% of the lot depth or the average depth of
the two adjacent lot, but in no case shall be less than 25% of the lot depth
or 15 feet, whichever is greater. Existing structures on each of the proposed
lots extend (at deepest) to within approximately 3.5 feet (Lucky St. lot)
and 10 feet (Treat Ave. lot) of the proposed shared rear lot line, and each
contain obstructions within the rear yard space, such as stairs and landings.
The proposed rear yard would not be reduced relative to existing conditions.
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
