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, July 28, 2004, City Hall,  1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(GLENN CABREROS)

1.         2004.0288V:    1 – 25^TH AVENUE, north side of the cul-de-sac, north of Sea Cliff Avenue, Lot 010 in Assessor’s Block 1301 in an RH-1(D) (Residential, House, One-Family, Detached) District and a 40‑X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT:  The proposal is to construct a fence and gate up to 9 feet tall within the front setback area.  The fence and gate are shared with Lot 009, adjacent and directly southwest of the subject property.  The project includes an approximately 12-foot tall wrought iron frame (supported by two pilasters) over the proposed gate to support a light fixture.  The fence and gate are proposed approximately 6 feet from the front lot line.

Section 132 of the Planning Code requires the required front setback to be the average of the two adjacent front setbacks but no more than 15 feet.  The required front setback for the subject property is 15 feet. (Per Section 136, fences 3 feet or less in height are permitted as-of-right within the required front setback.)

(GLENN CABREROS

2.         2004.0219V:    3 – 25^TH AVENUE, north side of the cul-de-sac, north of Sea Cliff Avenue, Lot 009 in Assessor’s Block 1301 in an RH-1(D) (Residential, House, One-Family, Detached) District and a 40‑X Height and Bulk District.

                                   

FRONT SETBACK VARIANCE SOUGHT:  The proposal is to construct a fence and gate up to 9 feet tall within the front setback area.  The fence and gate are shared with Lot 010, adjacent and directly northeast of the subject property.  The project includes an approximately 12-foot tall wrought iron frame (supported by two pilasters) over the proposed gate to support a light fixture.  The fence and gate are proposed approximately 6 feet from the front lot line.

Section 132 of the Planning Code requires the required front setback to be the average of the two adjacent front setbacks but no more than 15 feet.  The required front setback for the subject property is 15 feet.  (Per Section 136, fences three feet or less in height are permitted as-of-right within the required front setback.)

(ELAINE TOPE)

3.         2004.0227V:    1212 15^TH AVENUE, east side between Lincoln Way and Irving Street, Lot 033 in Assessor’s Block 1736 in an RH-2 (Residential, House, Two-Family) District and a 40‑X Height and Bulk District. 

MINIMUM LOTWIDTH VARIANCE SOUGHT:  The subject property is an irregularly shaped lot, approximately 128 feet deep by 55 feet wide at the rear property line and 42 feet wide at the front property line.  A one-story-over-garage single-family house is located at the front southern portion of the lot.  The northern portion of the lot is vacant.  The proposal is to split the lot between the existing building and the vacant portion of the lot resulting in two separate lots.  No construction is proposed on the vacant portion of the property at this time.

Section 121(d)(2) of the Planning Code requires that the minimum lot width for a lot in an RH-2 District shall be 25 feet.  The proposal will produce one lot (southernmost - existing building location), which is approximately 25 feet wide and one lot (northernmost – vacant portion), which is approximately 17 feet wide at the street front and 30 feet wide in the back.

(MARY WOODS)

4.         2004.0199V:    2513 OCTAVIA STREET, west side between Broadway and Vallejo Street; Lot 005 in Assessor's Block 0567, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The lot is approximately 25 feet wide by 137 feet deep, containing approximately 3,400 square feet. The existing building is a three-story over garage, single-family house.

FRONT SETBACK VARIANCE SOUGHT:  The proposal is to expand the existing one-story, single-car garage, located in the front setback area, in width, depth, and height.

                        Section 132(a) of the Planning Code requires that where one or both of the buildings adjacent to the subject property have front setbacks along a street, any building or addition constructed on the subject property shall be set back to the average of the two adjacent front setbacks, to a maximum of 15 feet.  The required front setback for the subject property is 15 feet.

                        Section 136(c)(28) allows garages within the front setback areas as permitted obstructions, provided they do not exceed the average width, depth and height of garages located on adjacent properties; in this case, the average of adjacent garages is a width of 16 feet, a depth of 18 feet and a height of 11 feet.  The garage on the subject property is proposed to be expanded to a width of 25 feet, a depth of 22 feet and a height of 13 feet; therefore, a variance from the front setback requirements is necessary.

(GEOFFREY NELSON)

5.         2004.0175V:    3075 PACIFIC AVENUE, south side between Baker and Lyon Streets; Lot 014C in Assessor’s Block 0975; within an RH-1 (D) (Residential, House,  Single-Family, Detached) District and a 40-X Height and Bulk District.

      SIDE YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to expand a single-family dwelling into the required side yards at the second floor level and at a new third floor level.  The existing envelope of the existing single-family dwelling already extends into both required side yards and is therefore considered noncomplying with respect to the Planning Code.

      Section 133 of the Planning Code states that the minimum side yard in an RH-1(D) District shall be 3 feet at each side of the lot for a lot greater than 31 feet but less that 40 feet in width.  The proposed third floor addition would fully project into each required side yard for a depth of approximately 81 feet at the east property line and 59 feet at the west property line.  A portion of the second floor would be extended to the rear, also extending into the required side yard for a depth of five additional feet along the west property.

      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 existing single-family dwelling currently encroaches into the required side yards described above at all levels.  The proposed expansion to the rear by approximately 5 feet at the second floor level and the creation of a new third floor level will increase the nonconformity by additionally extending into the required side yards at those levels.

                                                     (RICK CRAWFORD)

6.         2004.0308V:    320 LAWTON STREET, north side between 9^th and 10^th Avenues, Assessor’s Block 1855 Lot 021; in a RH-2 (Residential, House, Two- Family) District, and within the 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:  The proposal is to replace the existing two story tall stairs at the rear of the building.  The existing stairs are located entirely within the required yard and a variance is necessary to remove the existing stairs and construct new stairs in the exact same location. 

Section 134 of the Planning Code requires a minimum rear yard of 45 feet measured from the rear property line where a rear yard of 28.5 feet is proposed.

                                                      (DANIEL SIROIS)

7.         2004.0431V     1675 15^th Avenue, west side between Moraga Street and Aloha Avenue, Lot 041 in Assessor’s Block 1928, located in an RH-1 (Residential, House, One-Family) District and in a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a second story horizontal addition over the existing garage at the front of the building.

Planning Code Section 132 requires an 11-foot front setback for this property. The proposed horizontal addition requires a variance because it would encroach into the front setback by approximately 10 feet.

                                                                 (SARA VELLVE)

8.         2004.0327V:  1049 DOLORES STREET:  west side between 23^rd and 24^th Streets; Lot 037 in Assessor’s Block 3648; in an RH-3 (House, Three-Family) District and 40-X Height and Bulk District.

REAR and SIDE YARD VARIANCE SOUGHT:  A request to reconstruct and expand the noncomplying rear decks and stairs at the first and second floors over garage of the four-family structure.  The proposed deck and stairs will be approximately 27 feet wide, the deck will project 8 feet and the stairs project 13 feet from the rear building wall.  The deck will be set back approximately 3 feet from the southern side property line and the stairs will abut the northern side property line.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 29’ for the subject property, measured from the rear property line.  The proposed stair extends to within approximately 24 feet of the rear property line and encroaches into the required rear yard.

Section 136(c)(25)(B)(ii) of the Planning Code requires that projections into the required rear yard that are two floors above grade must be set back five feet from each side property line.  The proposed stair is located entirely within the northern five-foot setback, and the decks project two feet into the southern five-foot setback.

                                                           (MICHAEL SMITH)

9.         2004.0307V:    833-35 DOUGLASS STREET, east side between 24^th and Jersey Streets; Lot 026 in Assessor’s Block 6505 in an RH‑2 (Residential, House, Two‑Family) District and a 40‑X Height and Bulk District.

REAR YARD VARIANCE:  The proposal is to construct a new deck and stairs in the approximate location at the existing deck and stairs.  The new stairs will extend to the roof to access a new roof deck.  The stairs would measure 13’-6” in width, 16’-8” in depth, and 38’-9” in height measured from grade to the uppermost stair railing.  The height and depth of the building will remain unchanged.

Section 134 of the Planning Code requires a minimum rear yard of approximately 29’-6” for the subject property, measured from the rear property line.  The proposed deck and stairs would result in a 15’-4” rear yard.

Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure.  Because the existing rear stairs already encroach into the required rear yard, it is considered a legal noncomplying structure.  Therefore the replacement and expansion as proposed would be contrary to Section 188.  

                                               (DARIO JONES)

10.       2003.1212V:    860 ELIZABETH STREET, north side between Douglass and Hoffman Streets; Lot 019 in Assessor’s Block 2806 in an RH-2 (Residential, House, Two-Family) District.

FRONT SETBACK VARIANCE SOUGHT:  The proposal is for the removal of the existing landscaping and for the construction of a driveway, parking pad, and screening to allow a motor vehicle to park in the required front setback area.

Section 132 of the Planning Code requires an open and unobstructed front setback of approximately 15 feet.  The requested parking space encroaches entirely into the front setback area.

Planning Code Section 132(f) does not allow motor vehicles to be parked or stored within the required front setback.

                                                                                             (ADAM LIGHT)

11.       2004.0322V:    1001 GREENWICH STREET, southwest corner of Jones Street; Lot 1 in Assessor’s Block 93 in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

                                                REAR YARD, OPEN SPACE, AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to enlarge an existing legal non-complying two-and-one-half-story building containing one dwelling unit and a vacant ground floor Limited Commercial Use (LCU) with mezzanine, and convert it into three dwelling units with ground level parking, eliminating the existing vacant LCU space.  The proposed project would expand the existing building vertically within the existing building footprint (with the exception of a new required fire escape that would expand the building footprint by approximately 12 square feet), adding one full story and a partial penthouse story toward the rear of the property.  The level where the LCU space is currently located would be reconfigured such that the ceiling height of the ground level would be lowered for the proposed residential parking spaces, and one of the proposed units would occupy the current mezzanine level.  The existing dwelling unit would remain in its current location. 

                                                Planning Code Section 134 requires a rear yard equaling 45% of the lot depth.  The subject lot is 80 feet deep (measured from the Jones Street frontage), resulting in a required rear yard of 20 feet.  The existing building occupies over half of the required yard (there is a non-complying rear yard area in the southwest corner of the lot that measures 15’-4” by 16’-2”, with a deck and stair leading to the rear yard encroaching into part of this area), and the proposed two-story addition to the building would also occupy the same area of the required rear yard as the existing building does, with the exception of the required fire escape which would occupy an additional approximately 12 square feet.

(KATE McGEE)

12.       2004.0260V:    107 ELLSWORTH STREET, east side of Ellsworth Street; Lot 031 in Assessor's Block 5650, in an RH-1 (Residential, House, One-Family) District, a 40-X Height and Bulk Designation, and in the Bernal Heights Special Use District.

                                    OFF-STREET PARKING VARIANCE SOUGHT:  The proposal is to construct a rear addition, and remodel existing floor space on the dwelling’s 1st, 2nd, and 3rd floors, resulting in a total floor area equal to approximately 1,994 square feet, which would require 2 parking spaces.  No additional parking is proposed.  The proposal includes one parking space and therefore requires an off-street parking variance.

                                    Planning Code Section 242(e)(4) requires additions of over 400 square feet of usable floor area within the Bernal Heights Special Use District to provide the required parking as established for new construction. 

                                    (WINSLOW HASTIE)

13.  2004.0325V:         1388 ALABAMA STREET, west side between 25th and 26th Streets; Lot 016 in Assessor's Block 4271, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

                                    REAR YARD VARIANCE SOUGHT: The proposal is to legalize an existing storage structure that is located within the required rear yard.

                                    Planning Code Section 134(c) requires a minimum required rear yard to be the average depth of the two adjacent lots, but in no case shall be less than 25% of the lot depth or 15 feet, whichever is greater. Therefore, the minimum rear yard requirement for the subject property is 25 feet. The existing property is non-complying as there is a storage structure located along the rear property line as well as an addition to this structure that further encroaches into the required rear yard towards the front of the lot—the size of this structure is 25 feet in width and 36 feet in depth. However, the portion of this structure that encroaches into the required rear yard measures 25 feet in width by 9 feet, 3 inches in depth.

(MAT SNYDER)

14.       2004.0270V:    695 ARKANSAS STREET, southeast corner of Arkansas Street and an unimproved portion of the 22nd Street Right of Way (to be vacated), Lot 26 and 25E in Assessor’s Block 4099, and a 15 by 111 foot portion of the 22nd Street Right Of Way, in an RH-2 (House, Two-Family) District and a 40-X and OS Height and Bulk District. 

                                    FRONT SETBACK VARIANCE SOUGHT:  The proposal is to construct an addition in a portion of the existing unimproved 22nd Street Right-of-Way that is proposed to be vacated and annexed to Lot 26.  The addition would measure 15-feet wide by 35.5-feet deep by 22.5-feet tall. 

                                    Planning Code Section 132 requires that a 15-foot setback be provided in front of the dwelling.  The house is built to 2-feet of the front property line and is therefore considered non-complying.  The proposal is to build the addition with the same front setback as the rest of the house. 

(JON PURVIS)

15.       2003.1209V:    1550 BRYANT STREET, west side north of 15th Street, a through lot to Florida Street; Lots 006 and 007 in Assessor’s Block 3923 (consisting of a parking lot and the former Hamm’s Brewery building); in an M-1 (Light Industrial) Use District and a 40-X Height and Bulk District.

                                    PARKING VARIANCE SOUGHT:  The proposal is to reduce the off-street parking required under Variance Case No. 1985.582V granted on June 19, 1986, from 138 spaces, including 40 spaces on Lot 007 and 98 spaces off-site, to 60 spaces on Lot 007 using valet parking. 

                                    Section 151 of the Planning Code requires that one off-street parking space be provided for every 500 square feet of floor area occupied by office uses, subject to reduction based on pre-existing parking deficiencies.

                                    In the 1980s, the former Hamm’s Brewery building was converted from manufacturing use to office, wholesale, and retail uses, representing an off-street parking requirement of 183 spaces.   This requirement was reduced through two prior parking variances (Case No. 1981.582V granted on July 8, 1983 and Case No. 1985.582V granted on June 19, 1986) to the current 138 space requirement, including 40 spaces provided on lot 007 and 98 spaces provided off-site and leased from another property owner.   

                                    That lease is due to expire February 5, 2005 and there is no alternative leased parking available within 800 feet of the subject property.       

(JON PURVIS)

16.       2003.1189V:    201 CHARTER OAK AVENUE, east side between Augusta Street and Silver Avenue; Lot 022 in Assessor’s Block 5393; in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

                                    LOTSIZE, REAR YARD AND OPEN SPACE VARIANCES SOUGHT:  The proposal is to subdivide Lot 22 into two lots.  One of the newly created lots (the southern lot) would be below the minimum required lot size, and is proposed for the construction of a new three-story single-family dwelling.  The other newly created lot (the corner lot) would contain an existing single-family dwelling, whose rear yard and open space areas would be made less Code complying.

                                    Section 121(e) of the Planning Code requires a minimum lot area of 1,750 square feet for all newly created lots within 125 feet of an intersection of two streets.   The new corner lot would be 1,954 square feet and the new southern lot would be 1,390 square feet.  

                                    Section 134(a) of the Planning Code requires a rear yard equal to 25 percent of the lot area, or 15 feet (whichever is greater), for all dwellings in the RH-1 District.  This required rear yard area for the existing dwelling is provided to the south of the structure and would be used to create the new southern lot, leaving the existing dwelling without a Code complying rear yard.

                                    Section 135 of the Planning Code requires 300 square feet of useable open space for all dwellings in the RH-1 District.  As with the rear yard, this required open space for the existing dwelling is located to the south of the structure and would be used to create the new southern lot, leaving the existing dwelling without Code complying open space.

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