March 23, 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, MARCH 23, 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, March 23, 2005, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:
9:30 A.M.
A. ITEMS PROPOSED FOR CONTINUANCE:
1. 2003.1152V: 329 BAY STREET, south side between Powell and Mason Streets through to Vandewater Street; Lot 036, in Assessor's Block 041 in a C-2 (Community Business) District, the Northern Waterfront Special Use District No. 2, and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The site contains a one-story building with 8,550 square feet of existing retail space; 2500 square feet of which are currently in use. The project would demolish the existing building and construct a new four-story building approximately 40' high containing 21 dwelling units and 3,100 square feet of retail space. Twenty-one parking spaces would be located below grade, with vehicular access from Vandewater Street. The ground floor would include the entrance to 20 units located on floors 2 thru 4, one dwelling unit, the entrance to the basement-parking garage, and commercial space fronting Bay Street.
Section 134(a)(1) of the Planning Code requires that a building which contains dwellings in the C-2 District have a minimum rear yard depth equal to the larger of 25 percent of the lot depth or 15 feet. The subject lot is 120 feet deep and the required rear yard would be 30 feet. The project proposes no rear yard, but substitutes two light courts approximately 25 feet in depth on each side property line at mid-lot.
This item is proposed to be continued to the Planning Commission Hearing of Thursday, March 24, 2005 beginning at 1:30 pm in Room 400, City Hall, 1 Dr. Carlton B. Goodlett Place.
B. REGULAR CALENDAR:
(SARA VELLVE)
1. 2004.1133V: 1692 - 1698 PAGE STREET / 416 - 418 CLAYTON STREET, northeast corner of the intersection of Clayton and Page Streets; Lot 019 in Assessor's Block 1224 in an RH-3 (House, Three-Family) District and 40-X Height and Bulk District.
LOT AREA, REAR YARD, USABLE OPEN SPACE, NONCOMPLYING
STRUCTURE VARIANCES SOUGHT: The subject 3,150 square foot lot contains
two structures, a four-unit building fronting on Page Street, and a two-unit
building fronting on Clayton Street. The proposal is to split the existing
lot into two separate lots with one structure on each lot. A rear egress
stair would be replaced at the structure fronting Page Street. The stair
would extend approximately four feet from the rear-building wall; a portion
of the stairway would abut the interior side property line.
Section 121(e)(2) of the Planning Code
requires a minimum lot area of 1,750 square feet. Although the proposed
lot size for the structure facing Page Street would be Code-complying
at approximately 1,984 square feet, the proposed lot size for the structure
at 416 - 418 Clayton Street would be approximately 1,165 square feet.
Section 134 of the Planning Code requires a
minimum rear yard depth of approximately 15 feet for the structure located
at 416 - 418 Clayton Street, measured from the proposed rear property
line. The existing structure currently abuts the rear property line and
would not provide a rear yard. The required minimum rear yard depth for
the structure at 1692 - 1698 Page Street is fifteen feet from the rear
property line. The existing structure extends to within six feet of the
required rear yard, and the proposed stairway encroaches to within two
feet of the proposed property line.
Section 135 of the Planning Code requires
a minimum of 100 square feet of private - usable open space, or 133 square
feet of common usable open space, for each of the dwelling units on the
subject property. There is currently no open space provided for either
of the structures that satisfies the requirements of the Planning Code.
The proposed lot subdivision would not alter this noncomplying situation.
Section 188 of the Planning Code prohibits
the reconstruction of a noncomplying structure once it is demolished.
Because a portion of the existing rear stairway located at 1692 - 1698
Page Street 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)
2. 2004.0967V: 2870 PACIFIC AVENUE, north side between Broderick and Divisadero Streets; Lot 008 in Assessor's Block 0962; in an RH-1(D) (Residential, Single-Family) District and a 40-X Height and Bulk District.
SIDE YARD, FRONT SETBACK, AND NONCOMPLYING STRUCTURE
VARIANCES SOUGHT: The proposal is to alter a two-story single-family
dwelling by expanding the building at both floor levels into the required
side yards and front setback.
Section 132 of the Planning Code states that
the minimum front setback on a corner lot shall be ½ the distance
of the setback of the one adjacent neighbor. On the subject lot, the required
front setback requirement is approximately 7 feet. The proposal would
remove and replace portions of the existing noncomplying envelope currently
constructed in the required front setback at the first and second floors,
and would expand the second floor level fully into the required front
setback for an additional 20 feet of building width.
Section 133 of the Planning Code states that
the minimum side yard depth on the 72-foot wide subject lot shall be 5
feet at each side of the lot. The existing two-story structure projects
into the side yard approximately 3 feet at the south lot line and fully
5 feet at the north lot line. The proposal would remove and replace portions
of the existing noncomplying envelope currently constructed in the required
side yards at the first floor.
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 required front setback, side yards
and rear yard to varying degrees. The proposed alterations would additionally
encroach into the required front setback and side yard as described above.
(GLENN CABREROS)
3. 2004.1165V: 676 OAK STREET, north side between Fillmore and Webster Streets, Lot 015 in Assessor's Block 0828 in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District.
REAR YARD, FRONT SETBACK AND NONCOMPLYING STRUCTURE
VARIANCES SOUGHT: The proposal is to replace the existing rear exit
stairs and decks within the required rear yard area and to construct at
street level a new garage and entry stairs for the existing three-story,
three-unit building.
Section 132 of the Planning Code requires that
the front setback in an RM-1 District be the average of each adjacent
front setback. The required front setback for the subject lot is 5 feet
6 inches. The project proposes construction of a new garage and reconfigured
entry stairs within the front setback area.
Section 134 of the Planning Code allows the
required rear yard area to be reduced to the average of the depths of
adjacent rear yards, but in no case to be less than 25 percent of the
lot depth or 15 feet, whichever is greater. The required rear yard for
the subject lot is approximately 22 feet. The replacement of the rear
stairs and decks is proposed within the last eight feet of the lot.
Section 188 of the Planning Code prohibits
the intensification of any noncomplying structure. The last 22 feet of
the building and rear stairs and deck were originally constructed deep
into the lot (without a rear yard area), thus are legal noncomplying structures.
The replacement stairs and deck would thus be contrary to Section 188.
(ELAINE TOPE)
4. 2004.1113V: 743 BRODERICK STREET, west side between Fulton and McAllister Streets. Lot 031 in Assessor's Block 1178 in an RH-3 (House, Three-Family) District, a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES
SOUGHT:
The proposal is to construct a one-story, ground
floor horizontal addition at the rear of this three-story two-unit building.
The addition is 3 feet deep and 13 feet wide.
Section 134 of the Planning Code requires a
minimum rear yard depth equal to 45 percent of the total lot depth. The
subject lot has an irregular shape: one half of the lot is 55 feet deep
and the other half is 90 feet deep. The proposed project is located on
the 55-foot deep portion of the subject lot, which requires a 25-foot
rear yard setback. The proposed addition to the existing non-complying
structure would reduce the rear yard to one foot.
Section 188 of the Planning Code prohibits
the expansion, intensification or change in use of a non-complying structure.
Because the existing building encroaches into the required rear yard,
it is considered a legal non-complying structure. The expansion of the
non-complying structure would be contrary to Section 188.
(SHARON YOUNG)
5. 2004.1134V: 427 - 6TH AVENUE, west side between Geary
Boulevard and Anza Street, Lot 004 in Assessor's Block 1538 in an RM-1 (Residential,
Mixed) Zoning District and a 40-X Height and Bulk District.
OFF-STREET PARKING VARIANCE SOUGHT: The proposal
is to add two new dwelling units to an existing three-story, single-family
dwelling without providing both required off-street parking spaces. Although
the project will provide two independently accessible off-street parking
spaces, three such spaces would be required. The proposal also includes
a horizontal addition to the rear and a new fourth story.
Section 151 of the Planning Code requires one
full-size, independently accessible off-street parking space for each
newly created dwelling unit. Two independently accessible off-street parking
spaces will be provided in the existing garage, which would satisfy the
parking requirement for the existing unit and one of the two proposed
new units. The proposed third dwelling unit would not have an independently
accessible off-street parking space.
(DARIO JONES)
6. 2004.1122V: 64 LINARES AVENUE, north side between Ventura and 8th Avenues; Lot 013 in Assessor's Block 2127 in an RH-1 (D) (Residential House, One-Family, Detached) and a 40-X Height and Bulk District.
SIDE YARD VARIANCE SOUGHT: The proposal includes
the reconstruction of an existing one-car garage located within the required
east side yard setback. The reconstruction of the garage is proposed to
have a roof deck behind a solid railing with a maximum height of six feet.
In addition a one-story rear deck located within the west side yard setback
is also proposed.
Section 133 of the Planning Code requires
two side yards of four feet for the subject lot. A variance is required
to permit the reconstruction of the garage as it is proposed to be located
approximately two feet into the required east side yard setback. A variance
is also required for the proposed rear deck as it is proposed to be located
approximately 2 feet into the west side yard setback.
Section 136 of the Planning Code requires
railings to be no more than three feet six inches above the surface of
any structure in a required open area. The proposed roof deck above the
garage is proposed to have a solid railing with a maximum height of six
feet.
Section 188 of the Planning Code does not permit
the expansion of a noncomplying structure. The existing garage, which
already encroaches two feet into the required east side yard, is considered
a legal, noncomplying structure. Therefore, the proposal to reconstruct
the existing garage would be contrary to Section 188.
(DELVIN WASHINGTON)
7. 2004.1121V 68 ROCKWOOD COURT, north side between Rockwood Avenue and the end of Rockwood Court; Lot 028 in Assessor's Block 2936A in an RH-1 (D) (Residential House, One-Family, Detached) and a 40-X Height and Bulk District.
REAR VARIANCE SOUGHT: The proposal is to re-construct
and enlarge a ground floor deck and build a new deck on the second floor.
Both decks will encroach into the required rear yard.
Section 134 (c) of the Planning Code requires
a rear yard of 15 feet for the subject lot, measured from the rear property
line. The proposed two new decks will encroach approximately 9 feet 6
inches into the required rear yard.
(DANIEL SIROIS)
8. 2004.1217V 197-199 Portola Drive, east side between Diamond Heights & 25th Street, Lot 007A, Assessor's Block 2848, located in an RM-1 (Residential, Mixed, Low Density) District and in a 40-X Height and Bulk District.
FRONT SETBACK VARIANCE SOUGHT: The proposal
is to construct a two-story horizontal addition to the front of the existing
two-unit building.
Section 132 of the Planning Code requires
a front setback on the subject lot equal to the front setback of the adjacent
building. In this case the front setback requirement is 13 feet. The proposed
addition requires a variance because the proposed 19-foot addition encroaches
within the 13-foot front setback.
(TOM WANG)
9. 2004.1107V 634 - 30th STREET, north side of a cul-de-sac between Beacon and Castro Streets; Lot 023 in Assessor's Block 7537 in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.
FRONT SETBACK VARIANCE SOUGHT: The proposal
is to construct a one-story addition, including a garage and a storage
room, to the front of the existing three-story, single-family dwelling.
The existing garage would be converted to a home office.
Section 132(a) of the Planning Code requires
a front setback of 15 feet, measured from the front property line, for
the subject lot. The proposed one-story addition would extend to the front
property line, encroaching 15 feet into the required front setback.
(CRAIG NIKITAS)
10. 2004.1144V: 1347-49 KEARNY STREET AND 52-54 SONOMA STREET, west side of Kearny Street through to Sonoma Street between Union and Green Streets; Lot 003, Block 0115 in an RH-3 (Residential Three-Family) District, and a 40-X Height and Bulk District.
LOT SIZE, LOT WIDTH, AND REAR YARD, NON-COMPLYING
STRUCTURE VARIANCES SOUGHT: The lot, 20 feet in width by 80 feet in
depth, is developed with a four-story two-family dwelling fronting on
Kearny, and a three-story two-family dwelling with frontage on Sonoma
Street. Various non-complying structures (garage, porch, decks and stairs)
obstruct the rear yard. The proposal is to divide the lot into two new
equal lots, each 40 feet in depth. No construction or expansion of the
existing buildings is proposed.
Section 134 of the Planning Code requires that
buildings which contain dwellings in this District have a minimum rear
yard depth that may be determined by averaging the adjacent buildings,
down to a minimum equal to the larger of 25 percent of the lot depth or
15 feet. The subject lot contains two buildings separated by a yard that
does not meet these requirements.
Section 188 of the Planning Code prohibits
an increase in discrepancy of a non-complying structure. Approval of the
lot split would create two lots with non-complying rear yards, and other
conditions.
Section 121(d) of the Planning Code requires
lots to have minimum widths of 25 feet. The lot split creates two new
lots with widths of 20 feet, the width of the existing lot.
Section 121(e) of the Planning Code requires
that lots have minimum areas. The two lots proposed would each have areas
of 800 square feet and would not comply with this requirement.
(MICHAEL LI)
11. 2004.1075V: 733 FRONT STREET, northwest corner at Pacific Avenue; Lot 002 in Assessor's Block 0166 within a C-2 (Community Business) District and an 84-E Height and Bulk District.
REAR YARD, DWELLING UNIT EXPOSURE, AND OFF-STREET
PARKING VARIANCES SOUGHT: The proposal is to convert an existing seven-story
office building into 71 dwelling units on the second through seventh floors
with office/retail space on the ground floor.
Section 134 of the Planning Code requires a
minimum rear yard depth of approximately 34 feet, 6 inches for the subject
property, measured from the rear property line, beginning at the lowest
level containing a dwelling unit. The existing building covers the entire
lot and encroaches into the required rear yard.
Section 140 of the Planning Code requires every
dwelling unit in every use district to face either a public street, a
public alley at least 25 feet in width, a rear yard meeting the requirements
of this Code, or an open area at least 25 feet in every horizontal dimension
for the floor at which the dwelling unit in question is located and the
floor immediately above it, with an increase in five feet in every horizontal
dimension at each subsequent floor. Twenty-eight of the proposed dwelling
units will not provide the required exposure.
Section 151 of the Planning Code requires off-street
parking for residential and commercial uses. One parking space is required
for every dwelling unit. There are 34 existing parking spaces, all of
which will be allocated to the residential component of the project, leaving
a shortfall of 37 residential parking spaces. One parking space is required
for every 500 square feet of occupied floor area of office/retail space,
where the occupied floor area exceeds 5,000 square feet. With a total
of 14,000 square feet of office/retail space on the ground floor, 28 off-street
parking spaces are required. The proposed project will not provide any
parking spaces for the office/retail space.
(JIM MILLER)
12. 2004.1173V: 374 LOMBARD STREET, northeast corner at Julius Street, Lot 8 in Assessor's Block 61, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.
REAR-YARD VARIANCE SOUGHT: The proposal is
to reconstruct and enlarge rear exit stairs and to construct an entry
corridor on the fourth floor (across the third-floor roof) to give access
from said stairs to the top-floor unit. This construction is within the
otherwise-required rear-yard area of an existing five-unit residential
building.
Section 134 of the Planning Code sets forth
standards for required rear-yard area. In an RH-3 District, such rear
yard may be reduced to the average of the coverage of the two adjoining
lots (or match the depth of the one adjoining building if only one adjoining
lot exists) up to a maximum buildable area of 75 percent of the lot with
a minimum rear yard area equal to 25 percent of the lot depth). The one
adjoining lot is developed to 100 percent of its area at a higher height
than the building on the subject lot. Therefore, the required rear yard
area of the subject lot is the last 17.5 feet (or 25 percent) of its depth.
(KATE McGEE)
13. 2004.1256V: 105 FRANCONIA STREET, east side of
Franconia Street, between Mullen and Montcalm Avenues; Lot 015 in Assessor's
Block 5537, in an RH-1 (House, Single-Family) Zoning District, in a 40-X Height
and Bulk District and in the Bernal Heights Special Use District. The project
consists of a rear addition at each level and a new third floor.
REAR YARD VARIANCE SOUGHT: The proposed building
depth is 55 feet and protrudes 9.5 feet into the required rear yard area.
This horizontal extension adds a bedroom at the second and third floor.
A deck extends 3 feet from the master bedroom on the third floor.
Planning Code Section 242(e)(2)(A) states
that buildings on lots, which have a depth greater than 70 feet, may not
be deeper than 45.5 feet.
MASS REDUCTION VARIANCE SOUGHT: The proposed
third story and horizontal addition exceeds the maximum building envelope
because the proposal aims to add approximately 540 square feet beyond
what is permitted by the Planning Code. In addition, the proposal aims
to maximize the dwellings volume, without reducing the usable floor area.
Planning Code Section 242(e)(C)(iv)(3) states
that a total of 650 square feet of usable floor area must be deleted from
the maximum permissible height and lot coverage, causing a reduction in
square footage as well as building volume.
(KATE McGEE)
14. 2005.0067V: 27 WINFIELD STREET, east side of Winfield Street, between Coso and Esmeralda Avenues; Lot 051 in Assessor's Block 5612, in an RH-1 (House, Single-Family) Zoning District, in a 40-X Height and Bulk District and in the Bernal Heights Special Use District. The project consists of an addition to the existing garage level at the front, interior remodeling, and an addition to the third floor.
NON-COMPLYING STRUCTURE VARIANCE SOUGHT: The
proposal is to enlarge the existing garage which already resides in the
front setback area.
Planning Code Section 188 states that a non-complying
structure may be enlarged, altered or relocated provided that with respect
to such structure there is no increase in any discrepancy. The required
front setback for the subject building is 9 feet. Currently, the building
has a front setback of 8 feet.
FRONT SETBACK AND/OR PARKING VARIANCE SOUGHT: The
proposal is to add 8 feet to the front portion of the garage, adding 88
square feet and creating a second parking spot in tandem. The proposal
also includes a third story addition and bay window, which encroaches
three feet into the required front setback area. The proposal also includes
adding two new bedrooms, a family room and two new bathrooms.
Planning Code Section 132 requires the
subject building to be set back to the average of the two adjacent front
setbacks. The required front setback for the subject building is 9 feet.
Planning Code Section 242(e)(4) requires 2
off-street parking spaces for the proposed addition. Providing the second
parking space requires a front setback variance and results in increasing
the discrepancy of an existing non-complying structure. A parking variance
is sought to retain the existing single parking space without providing
a second space.
(MAT SNYDER)
15. 2004.1149V: 366 PENNSYLVANIA
AVENUE, Lot 005 in Assessor's Block 4039,
west side between 18th Street and 19th Street, in an RH-2
(House, Two-family) District and a 40-X Height and Bulk District
PARKING VARIANCE SOUGHT. The proposal is to
establish a second dwelling unit at the ground level without providing
a second parking space. The new unit would be completely within the existing
building; there would be no exterior addition.
Planning Code Section 151 requires one standard-size
independently accessible parking space for each dwelling unit. Only one
parking space would be provided for the two dwelling units.
16.
2005.0022V 15 SUMNER STREET, east side between
8th and Rausch Streets; Lot 055 in Assessor's Block 3730, in an
RED (Residential Enclave) Zoning District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is
to raise the existing two-unit building approximately two feet to accommodate
a new two-car garage, to replace the existing rear stairs and extend them
to the new roof deck, and to construct a 20-square foot rear addition.
Planning Code Section 134(a)(1) requires a
minimum required rear yard of 25% of the total lot depth, or, in this
case, 15 feet. The existing building is non-complying in that the rear
yard is less than six feet in depth. The replaced rear egress stairs and
the 20-square foot addition are all located within the required rear yard.
Planning Code Section 188 states that a non-complying
structure cannot be enlarged so as to increase the discrepancy with standards
set forth in the Planning Code. The proposed enlargement would be contrary
to this Section.
(WINSLOW HASTIE)
17. 2004.1105V: 1234 HOWARD STREET, north side
between 7th and 8th Streets; Lot 014 in Assessor's Block
3728, in an SLR (Service/Light Industrial/Residential) Zoning District and
a 50-X Height and Bulk District.
REAR YARD MODIFICATION SOUGHT: The proposal
is to demolish the existing two-story industrial building and construct
a new five-story, 18-unit residential building.
Planning Code Section 134(a)(1) requires a
minimum required rear yard of 25% of the total lot depth, or, in this
case, approximately 41 feet. The proposed new building will be H-shaped
in plan with full lot coverage. The two central light courts will provide
light and air to the residential units and will be used as common 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))
