January 26, 2005PLANNING 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, January 26, 2005
Session Begins at 9:30 A.M.
Public Hearing
Lawrence 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 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, January 26, 2005, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:
9:30 A.M.
The items listed below are proposed for continuance until February 23, 2005:
1. 2004.0680V: 331 FILBERT STREET, south side between Montgomery Street and Telegraph Hill Boulevard, Lot 45 in Assessor's Block 105, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.
REAR-YARD VARIANCE SOUGHT: The proposal is to construct an elevator, serving all four levels of the building, along the westerly edge of the rear balcony in the required rear-yard area of an existing two-unit residential building. The existing building has a rear yard of nine feet, six inches. Therefore, the proposed work is in a portion of the building that already extends into the required rear yard. Additionally, at the ground floor only, a small (approximately ten-square-foot) elevator machine room is proposed, also within the rear-yard area, and projecting to within seven feet six inches of the rear lot line.
(JIM MILLER)
2. 2004.0681V: 110 ALTA STREET, north side west of Montgomery Street, Lot 6 in Assessor's Block 105, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.
MODIFICATION OF EXISTING REAR-YARD VARIANCE SOUGHT: The proposal is to add a bedroom at the rear of the middle unit in the three-unit residential building on the subject lot. Presently, there is an outdoor balcony at the site of the proposed work. The upper unit extends out over the proposed work making the additional bedroom an "in-fill" project. The proposed work is in the buildable area of the lot. However, a condition of the granting of a rear-yard Variance on August 9, 2002 (Case No. 2002.0612V), for stairs at the rear of 110 Alta Street building to give access to the rear of the building at 331 Filbert Street was that any additional building on the 110 Alta Street site (even if within the buildable area thereof) would be subject to a new Variance at the call of the Zoning Administrator. Therefore, the proposed work is subject to a new Variance.
REGULAR CALENDAR
(SARA VELLVE)
3. 2004.0854V: 225 - 229 STEINER STREET, west side between Waller and Haight Streets; Lot 003 in Assessor's Block 0861 in an RH-3 (House, Three-Family) District and 40-X Height and Bulk District.
REAR YARD AND NONCOMPLYING STRUCTRUE VARIANCES SOUGHT:
The proposal is a request to legalize an existing deck on the third floor and construct a deck on the second floor at the rear of the three-unit apartment building. The decks would be located within the required rear yard of the subject property, and will project approximately eight feet from the rear-building wall. The second-floor deck will be located underneath the existing third-floor deck.
Section 134 of the Planning Code requires a minimum rear yard depth of approximately 48 feet for the subject property, measured from the rear property line. The proposed decks would extend to within approximately 20 feet of the rear property line.
Section 188 of the Planning Code prohibits the reconstruction of a noncomplying structure once it is demolished. Because a portion of the existing building already encroaches into the required rear yard, it is considered a legal, noncomplying structure. Therefore, the reconstruction as proposed would be contrary to Section 188.
(GEOFFREY NELSON)
4. 2004.0826V: 2310 STEINER STREET, east side between Washington and Clay Streets; Lot 019 in Assessor's Block 0611; 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 alter a two-story single-family dwelling by expanding the building at the rearmost approximately 10 feet of depth at the north and south sides of the structure from approximately 8 feet to 18 feet in width.
Section 134 of the Planning Code states that the minimum rear yard depth on the 100-foot deep subject lot shall be 25 feet. The existing two-story structure projects into the rear yard approximately 8 feet (approximately 17 feet from the rear lot line) at both floor levels. At the second floor level, the rearmost approximately 10 feet of the structure is set back from the north and south property lines by approximately 6 and 11 feet, respectively. The proposal would infill the northern setback to the property line, and the southern setback to the face of the main side wall, increasing the width of the structure extending into the required rear yard from approximately 8 feet to 18 feet.
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 structure is noncomplying in that the structure projects into the rear yard approximately 8 feet at both floor levels where a rear yard of approximately 25 feet is required. The proposed alterations would additionally encroach into the required rear yard at the second floor level, increasing the width of the structure extending into the required rear yard from approximately 8 feet to 18 feet.
(MARY WOODS)
5. 2004.0878V: 2500 DIVISADERO STREET, northeast corner at Pacific Avenue; Lot 013 in Assessor's Block 0961, in an RH-1(D) (One-Family, Detached) District and a 40-X Height and Bulk District. The lot is approximately 50 feet wide by 100 feet deep, containing approximately 5,000 square feet. The existing building is a three-story over garage single-family residence, covering almost the entire lot.
REAR YARD SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a new exterior stairway with a one-hour fire-rated wall connecting the first floor outdoor patio with the ground floor courtyard, within the required rear yard.
Section 134 of the Planning Code requires that the minimum rear yard depth in an RH-1(D) district be equal to 25 percent of the lot depth, but in no case less than 15 feet. In this instance, the subject lot is approximately 100 feet deep resulting in a required rear yard of 25 feet. The proposed stairway (as well as a portion of the existing building) is located entirely within the required rear yard to the edge of the rear lot line. The proposed one-story stairway would extend approximately 13 feet along the rear lot 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 new stairs and one-hour fire-rated wall are considered to be an expansion and intensification of a non-complying structure.
(SHARON YOUNG)
6. 2004.0919V: 181 - 28TH AVENUE, west side between McLaren Avenue and Lake Street, Lot 002 in Assessor's Block 1330 in an RH-1(D) [House, One-Family (Detached)] Zoning District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a new two-car garage structure entirely within the required rear yard of an existing two-story over basement, single-family dwelling. The garage would provide two independently accessible off-street parking spaces. Planning Code Section 151 requires one independently accessible off-street parking space for the subject property. The subject property, with a lot depth of 143 feet, has an existing rear yard of approximately 62 feet. As proposed, the new garage structure, measuring approximately 25 feet wide by 19 feet deep, is set back approximately 35 feet from the main building and 12 feet from the rear property line, with access from the alley that runs behind the property. This proposal is intended to correct a Planning Code violation concerning the elimination of off-street parking located in the basement level of the main building.
Section 134 of the Planning Code requires a rear yard area in an RH-1(D) Zoning District to be equivalent to 25 percent of the lot depth or 15 feet, whichever is greater. The required rear yard for the subject property is approximately 36 feet. The new garage structure would be located entirely within the required rear yard.
(DANIEL SIROIS)
7. 2004.0840V: 101-107 28th STREET, south side, between Dolores & Church, Lot 001, Assessor's Block 6615, located in an RH-2 (Residential, Single-Family) District and in a 40-X Height and Bulk District.
LOT SIZE VARIANCE SOUGHT: The proposal is to subdivide the existing lot containing two structures into two individual lots.
Planning Code Section 132(a) requires a minimum lot size of 1.750 square feet for lots within 125 feet of an intersection. The proposed lot subdivision would create a conforming 1,769 square-foot lot and a non-conforming 881 square-foot lot. Therefore, a variance is required to create a new non-conforming 881 square-foot lot. No changes to the buildings are proposed under this application.
(DANIEL SIROIS)
8. 2004.0951V: 566 28th STREET, north side, between Castro & Diamond, Lot 017, Assessor's Block 6604, located in an RH-1 (Residential, Single-Family) District and in a 40-X Height and Bulk District.
FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a vertical addition at the front of the existing single-family dwelling.
Planning Code Section 132(a) requires a front setback equal to the average front setback of the two adjacent buildings or 15 feet whichever is less. Because the building to the east is located near the rear of the property, the subject property is subject to a 15-foot front setback. The proposed alteration requires a variance because a portion of the addition would also encroach 15-feet into the required front setback.
Planning Code Section 188 limits the expansion of non-conforming structures. Because the existing building already encroaches into the front setback and is non-conforming an exception to Section 188 is also required as part of this variance.
(DANIEL SIROIS)
9. 2004.0931V: 901 NOE STREET, west side, between 22nd Street & Alvarado, Lot 024, Assessor's Block 3626, located in an RH-2 (Residential, Single-Family) District and in a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to legalize alterations made to the rear of the existing building including the removal of a commercial oven, the establishment of new and or renovation of walls, decks, railings, stairs, fence and other projections at the rear of the property.
Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth. The existing building including previous and new projections are located in the required rear yard. Recent construction that occurred at the rear of the property has increased the degree of rear yard non-compliance. Therefore a variance is required to allow the new construction to be legalized in the required rear yard.
Planning Code Section 188 limits the expansion of non-conforming structures. Because portions of the previous projections located off the rear of the existing building have been increased in size, an exemption from Section 188 is required to legalize the new additions.
(ADAM LIGHT)
10. 2004.0181V: 176 HAIGHT STREET/227 ROSE STREET, north/south side between Octavia and Laguna Streets; Lots 9 and 9a (not technically legal lots of record) in Assessor's Block 852 in an RH-3 (Residential, House, Three Family) District and an 80-B Height and Bulk District.
LOT SIZE AND REQUIRED REAR YARD VARIANCES SOUGHT: A subdivision into the configuration of the two subject parcels was granted by the Department of Public Works (DPW) without benefit of these required variances in the early 1960s. A deed restriction was placed on the property prior to the DPW lot split by the Planning Department in 1951 allowing the construction of a separate residential building at the rear of this "through lot", facing on Rose Street, but prohibiting the subdivision or separate sale of the newer building. In order for the City to remove this restriction, the required variances must be granted so that the two parcels will be approved as two legal lots of record. No construction or change in use is proposed under this application
Planning Code Section 121(e) requires that every newly created lot in an RH-3 Zoning District shall have a minimum of 2,500 square feet if not located within 125 feet of the intersection of two streets. The current two lots are in an RH-3 Zoning District, and are not within 125 feet of the intersection of two streets. Lot 9 has an area of 1,785 square feet, and Lot 9a has an area of 1,515 square feet; therefore neither lot meets the minimum requirements of Section 121(e).
Planning Code Section 134 requires a rear yard equaling 45% of the lot depth, or the average rear yard of the two abutting neighbors, whichever is less, with an absolute minimum required rear yard of 15 feet or 25% of lot depth, whichever is greater. Lot 9 has a rear yard measuring approximately 13 feet in length, and Lot 9a has a rear yard measuring approximately 6 feet, in length, neither meeting the absolute 15-foot minimum. Because the parcels are divided such that neither lot has a code complying rear yard, and there is no way to subdivide the parcels so that two code-complying rear yards are created, the subject parcels cannot comply with the requirements of Section 134.
(MARK LUELLEN)
11. 2004.0908V: 1139B GREEN STREET south side between Hyde and Leavenworth Streets, Lot 090 in Assessor's Block 125 in an RH-3 (Residential, Three Family) District, and a 40-X Height and Bulk District.
REAR YARD SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct an additional story above a portion of the existing one-story single family dwelling, which currently extends 12 feet into the rear yard. The subject site is almost landlocked, with only a 16-foot walkway providing access to Green Street. The parcel has three non-complying structures comprising two dwelling units built in the required rear yard, with the majority of the buildable area and the walkway as its usable open space.
Section 134(a)(2) of the Planning Code requires that a building which contains dwellings in the RH-3 District have a minimum rear yard depth equal to 15 feet of the lot depth. The subject property is seeking a variance under Planning Code Section 134(a)(2) to provide a rear yard depth of 3 feet where a minimum rear yard depth of 15 feet is required.
Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. The existing building encroaches into the required rear yard by 12 feet and therefore is considered a legal non-complying structure. The proposed vertical addition increases the discrepancy between the required rear yard and the actual yard provided.
(MICHAEL LI)
12. 2004.1197V: 1751 LEAVENWORTH STREET, west side between Vallejo Street and Broadway; Lot 002B in Assessor's Block 0152 within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to extend the existing two-story building by 7 feet at the ground floor and add a deck at the second floor.
Section 134 of the Planning Code requires a minimum rear yard depth of 15 feet for the subject property, measured from the rear property line. The proposed project would encroach approximately 2 feet into the required rear yard.
(BEN FU)
13. 2004.0836V: 335 WINFIELD STREET, east side, between Cortland Avenue and Eugenia Avenue; Lot 026 in Assessor's Block 5670, in an RH-2 (Residential, Three-Family) District and the Bernal Heights Special Use District with a 40-X Height and Bulk Designation.
REAR YARD VARIANCE SOUGHT: The proposal is to enlarge a legally non-complying structure in the rear yard.
Planning Code Section 242 requires lots in a RH-2 District to provide a minimum rear yard of 45% of the total depth of the lot. The subject property is 70'-0" deep. The required rear yard is approximately 31' from the rear lot line to the rear building wall. The existing rear building intrudes approximately 14' into the required rear yard, leaving a rear yard of approximately 18'. The existing rear stair and landing further intrude into the rear yard by approximately 4', leaving a rear yard to the stairs of approximately 14'. The proposal is to reconstruct the rear stair and landing and increase the headroom at the rear by approximately 10', which would enlarge the existing non-complying building envelope.
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.
(JON PURVIS)
14. 2004.0859V: 85 WOOL STREET, east side north of Eugenia Avenue; Lot 035 in Assessor's Block 5646; in an RH-1 (Residential, House, Single-Family) Use District, a 40-X Height and Bulk District, and in the Bernal Heights Special Use District.
REAR YARD AND MASS REDUCTION VARIANCE SOUGHT: The project is to replace an existing rear deck and stairs within the required rear yard and to build a new third-story addition of approximately 454 square feet, which would exceed the mass reduction requirements of the Planning Code.
Section 242(e)(2) of the Planning Code requires a rear yard equal to 35 percent of the total depth of the lot, or 16 ft-8in for the subject lot. There is an existing 6ft-4in x 18ft rear deck & stairs, which leaves only a 7ft-2in rear yard. It would be demolished and replaced with a smaller 3ft-5in x 14ft-7in deck & stairs that would provide a 13ft-6in rear yard.
Section 242(e)(3) of the Planning Code requires that after the calculation of the maximum permissible height and lot coverage in an RH-1 District, a total of 650 square feet of usable floor area must be deleted from the exterior of the building, causing a reduction in square footage as well as building volume. The subject building, with the addition, provides a mass reduction of only approximately 330 square feet.
15. 2004.1132V: 3288 FOLSOM STREET, the west side of Folsom Street at Stoneman Street; Lot 021 in Assessor's Block 5532; in an RH-2 (Residential, House, Two-Family) District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.
PARKING VARIANCE SOUGHT: The project is to construct a new third story family room above an existing single-family dwelling, without providing additional off-street parking. The new floor would be set back 12.5 feet from the front property line and would include a new roof deck at the rear with new stairs and landings to the rear yard.
Section 242(e)(4) of the Planning Code requires three off-street parking spaces be provided whenever the usable floor area of dwellings within the Bernal Heights Special Use District exceeds 2,251 square feet. This additional parking requirement is triggered whenever alterations add more than 200 square feet of usable floor area. This addition would add approximately 750 square feet, which brings the total usable floor area to 2,325 sq. ft. Only one Code-complying off-street parking space can be accommodated within the existing garage.
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
