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City and County of San Francisco
April 27, 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, April 27, 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.

Accessible Meeting Policy

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

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

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

Know Your Rights Under the Sunshine Ordinance

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

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

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

ZONING ADMINISTRATOR

NOTICE OF HEARING ON

APPLICATION FOR ZONING VARIANCE

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the City Planning Code as

described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, April 27, 2005, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(GLENN CABREROS)

1. 2004.1216V: 3544 DIVISADERO STREET, east side between North Point and Bay Streets, Lot 042 in Assessor's Block 0921 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

            REAR YARD AND NONCOMPLYING STRUCTURE VARIANCE SOUGHT: The proposal is to construct a new fourth floor within the existing footprint of a three-story, two-unit building. No rear setback at the level of the fourth floor is proposed where an approximately 10-foot setback is required from the existing rear wall.

            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. When the rear yard area is reduced by averaging, the last 10 feet of building depth shall be limited to a height of 30 feet. The required rear yard for the subject lot is approximately 24 feet. The existing rear yard depth is 22 feet. Approximately the last 10 feet of building depth is proposed to a height of 40 feet.

            Section 188 of the Planning Code prohibits the intensification of any noncomplying structure. Approximately the last 2 feet of the existing building was originally constructed deep into the lot, thus is a legal noncomplying structure. The proposal to construct the fourth floor to the same depth as the existing rear wall would thus be contrary to Section 188.

(GEOFFREY NELSON)

2. 2004.1240V: 1849-51 LAGUNA STREET, west side between Pine and Bush Streets; Lot 003 in Assessor's Block 0662; within an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

          REAR YARD, USABLE OPEN SPACE, DWELLING UNIT EXPOSURE AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a deck and stair at the rear of the property, to replace a deck/stair structure that was recently removed. The deck will extend off the rear of the two-unit building approximately 9 feet and will access the second floor of occupancy at approximately 8 feet above grade. Because this construction is proposed in the required rear yard of the property, the applicant is seeking a variance from the rear yard requirements of the Planning Code. In addition, this variance will legalize the creation of a ground floor dwelling unit with less than the required dwelling unit exposure and open space.

          Section 134 of the Planning Code states that the minimum rear yard depth in an RH-2 District shall in no case be less than 25% of the depth of the lot, or 15 feet, whichever is greater. On the approximately 88-foot deep subject lot, this results in a required rear yard of approximately 22 feet. The rear wall of the building currently projects into the required rear yard by approximately 8 feet. The proposed alteration would add an open deck at the second floor and a stair from this deck to the ground, extending into the rear yard by approximately 8'-6".

          Section 135 of the Planning Code states that usable open space shall be provided for every dwelling unit. The two-family subject property does not comply with the requirement that common open space provided at the ground level be 15 feet in every horizontal dimension. The existing rear yard open space (where there had been a stair and multi-level deck which has since been removed) measures approximately 14 feet by 25 feet wide. Construction of the deck would further compromise this common usable open space, but would create Code-complying private open space on the new deck for the upper unit.

          Section 140 of the Planning Code states that every dwelling unit shall face upon a Code-complying rear yard, or public street or alleyway. The ground floor unit does not face upon either a Code-complying rear yard or a public street. A prior building permit allowing the creation of the ground floor apartment in this structure was issued without the required variance to this exposure requirement being granted.

          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 create additional occupied area within the noncomplying required rear yard, and would further exacerbate the noncomplying open space condition of the ground floor unit.

(SHARON YOUNG)

3. 2004.1193V: 1642 - 1646 BUSH STREET, north side between Franklin and Gough Streets, Lot 013 in Assessor's Block 0665 in an RH-3 (House, Three-Family) Zoning District and a 80-A Height and Bulk District.

            REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to increase the height of the ground floor commercial space in the three-story building from approximately 8.5 feet to approximately 11.5 feet, thereby raising the overall height of the building from approximately 37 feet to 40 feet. The subject building, which occupies the entire 1,800 square foot lot, consists of 1,800 square feet of currently vacant commercial space on the ground floor with a residential unit on each of the two floors above. The proposal also involves modifications to the existing storefront and a new fire escape to serve the residential units, neither of which are subject to these variances.

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

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

(SHARON YOUNG)

4. 2004.1273V: 1342 SHRADER STREET, northeast corner of Shrader and Rivoli Streets, Lot 015 in Assessor's Block 1284 in an RH-2 (House, Two-Family) Zoning District and a 40-X Height and Bulk District.

            REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to convert and/or demolish and rebuild an existing two-car garage to a one-car garage with a home office/workshop area and mezzanine located entirely within the required rear yard of an existing two-story over basement, single-family dwelling. The existing garage structure, approximately 20 feet wide by 24.5 feet deep and 12 feet high, is set back approximately 24.5 feet from the main building and abuts the rear property line. The proposed garage structure is the same dimensions as the existing garage structure, but approximately 14 feet high under the Planning Code height definition and 17.5 feet to the peak of the roof. Vehicular access to the garage structure fronts along Rivoli Street. The existing garage structure provides two independently accessible off-street parking spaces. Planning Code Section 151 requires one independently accessible off-street parking space for the subject property. The proposal will include modifications to the facade of the garage with changes to the existing roofline, side entryway, windows, and garage door.

            Section 134 of the Planning Code requires a rear yard area in an RH-2 Zoning District to be equivalent to 45 percent of the total lot depth, or when using averaging, no less than 25 percent of the lot depth or 15 feet, whichever is greater. The subject property, with a lot depth of 100 feet, has a required rear yard of 25 feet. The existing garage structure is located entirely within the required rear yard.

            Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure. Because the existing garage structure is built entirely within the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed garage alteration would be contrary to Section 188 of the Planning Code.

(SARA VELLVE)

5. 2004.1215V: 626 and 628 COLE STREET, east side between Haight and Waller Streets; Lot 018 in Assessor's Block 1247 in an RH-3 (House, Three-Family) District and 40-X Height and Bulk District.

            FRONT SETBACK, REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to extend the front of the building approximately seven feet to the front property line, and extend the rear of the building approximately 22 feet (including rear egress stairs) at all four levels of the building.

            Section 132 of the Planning Code requires a front setback of six feet for the subject property, measured from the front property line. The proposed addition would meet the front property line and encroach into the front setback.

            Section 134 of the Planning Code requires:

                      1. A minimum rear yard depth of approximately 55 feet for the subject property, measured from the rear property line. The proposed building and rear egress stairs would extend to within approximately 39 feet of the rear property line and encroach into the required rear yard.

                      2. That permitted obstructions in the required rear yard are either one story in height and full lot width, or two stories tall and set back from each side property line by five feet. The proposed rear egress stairs would be four stories in height with an addition that expands from side property line to side property line at the ground floor.

                      3. That the last 10 feet of building envelope permitted by averaging shall be limited to a height of 30 feet. The proposed building would not provide the rear set back and would be 40 feet in height.

            Section 188 of the Planning Code prohibits the expansion of a noncomplying structure once it is demolished. Because a portion of the existing rear stairway encroaches into the required rear yard, it is considered a legal, noncomplying structure. Therefore, the reconstruction as proposed would be contrary to Section 188.

(ELAINE TOPE)

6. 2004.0227V: 1212 _ 15TH 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.

            REAR YARD, MINIMUM LOT WIDTH, AND MINIMUM LOT AREA VARIANCES SOUGHT: The subject property is located within 125 feet of an intersection and it is an irregularly shaped lot, which is 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. The proposal also includes the construction of a two-unit residential building on the vacant newly-created northerly lot.

            Section 134 of the Planning Code requires that the rear yard in an RH-2 District shall be equivalent to 45 percent of the total lot depth, or when using the average of the two adjacent rear yards, not less than 25 percent of the total lot depth or 15 feet, whichever is greater. The required rear yard depth, for the 127-foot deep subject lot, is 57 feet. The proposed rear yard depth for the two-unit residential building proposed on the vacant newly-created northerly lot is approximately 47 feet.

            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 at the rear.

            Section 121 (e)(2) of the Planning Code requires that the minimum lot area for a lot in an RH-2 District, which is 125 feet from an intersection of two streets that intersect at an angle of not more than 135 degrees, shall be 1,750 square feet. The proposal will produce one lot (southernmost - existing building location), which is rectilinear and approximately 3,175 square feet and one lot (northernmost - vacant portion), which is non-rectilinear shape and approximately 3,000 square feet. However, the area of the northernmost lot that meets the minimum lot width requirement of 25 feet is only 1,325 square feet.

                      (MICHAEL SMITH)

7. 2004.1205V 62 DOLORES TERRACE (a.k.a. 3587 17TH STREET), south side of the street between Dolores and Guerrero Streets; Lots 108, 109, and 110 in Assessor's Block 3578 in a RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

            LOT SIZE, AND REAR YARD VARIANCES SOUGHT: The proposal is to subdivide the existing through lot with two buildings and frontages on both Dolores Terrace and 17th Street. The new lot fronting on Dolores Terrace would be approximately 42-feet in depth and the new lot fronting on 17th Street would be approximately 58-feet in depth. No construction is proposed as part of this application.

            Section 121 of the Planning Code requires a minimum lot area of 1,750 square feet for any lot having its street frontage entirely within 125-feet of the intersection of two streets. The proposed lot fronting on Dolores Terrace would have approximately 1,056 square feet of lot area and the proposed lot fronting on 17th Street would have approximately 1,444 square feet of lot area.

            Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15-feet for each proposed lot, measured from the rear property line of the new lots. The building that fronts on Dolores Terrace would encroach approximately three-feet into this required open area providing only 12-feet of rear yard. The building that fronts on 17th Street would encroach approximately two-feet into this required open area providing only 13-feet of rear yard.

                      (TOM WANG)

8. 2004.1206V 2775 DIAMOND STREET, a through lot between Diamond and Surrey Streets; Lot 010 in Assessor's Block 6741 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

            MINIMUM LOT AREA VARIANCE SOUGHT: The proposal is to subdivide an existing through lot, approximately 2,801 square feet in area, into two separate lots. The proposed lot subdivision would occur at a line approximately 54 feet from the mid-point of the front property line (considered on Diamond Street) of the existing lot. There is an existing single-family dwelling on the site fronting on Diamond Street. The proposed southerly lot with a width of approximately 25 feet and an average depth of 54 feet, fronting on Diamond Street, would contain the existing single-family

            dwelling. The proposed northerly lot with a width of 25 feet and a depth of approximately 58 feet, fronting on Surrey Street, would be vacant. No work is proposed for the existing single-family dwelling. The requested variance is to create a vacant and buildable lot and construct a single-family dwelling fronting on Surrey Street.

            Section 121(e)(2) of the Planning Code requires a minimum lot area of 2,500 square feet for lots in the RH-2 district. The proposed southerly lot fronting on Diamond Street would be approximately 1,360 square feet in area. The proposed northerly lot fronting on Surrey Street would be approximately 1,441 square feet in area. Both proposed lots would be deficient in minimum lot area.

 

                      (RICK CRAWFORD)

9. 2004.1291V: 46 DIVISADERO STREET, east side between Duboce and 14th Streets, Lot 027 in Assessor's Block 2611; in an RH-3 (Residential House Three Family) District, and within the 40-X Height and Bulk District.

            REAR YARD AND EXPANSION OF NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a second story deck on the rear of the existing building, near the north property line, with a 23 foot tall firewall on the property line, adjacent to a blank property line wall. The addition extends 2 feet back from the dwelling. The rear of the dwelling is located within the required rear yard and is considered a noncomplying structure.

            Planning Code Section 134(c) requires a 20 foot 3 inch rear yard where a 14 foot rear yard will be provided. Planning Code Section 188 prohibits the expansion of a noncomplying structure in a fashion that increases the structure's degree of noncompliance.

(ADAM LIGHT)

10. 2005.0144V: 525-527 GOUGH STREET, west side between Fulton and Grove Streets; Lots 34 and 40 in Assessor's Block 793, in an NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and an 50-X Height and Bulk District.

          OPEN SPACE VARIANCE SOUGHT: The project design as approved by the Planning Commission included 12 private balconies that met this 30% unobstructed perimeter requirement. However, the balconies were not constructed according to the approved plans, and lack the required 30% unobstructed perimeter. Decisions regarding the structural system of the subject building were made on an ad hoc basis during construction by the project contractor and structural columns were used on the front portion of the building that boxed in the lateral sides and corners of the subject balconies, resulting in only 25% of the perimeter of each balcony being unobstructed.

          Planning Code Section 135(f)(2) requires 30% of the perimeter of residential open space provided in the form of private balconies to be unobstructed except for necessary railings. Thus the Project Sponsor must seek a variance from the residential open space requirements of the Planning Code, or make major modifications to the building.

(JIM MILLER)

11. 2004.0505V: 575 HAYES STREET, south side between Octavia and Laguna Streets, a through-lot to Linden Street, Lot 20 in Assessor's Block 818, split between the Hayes-Gough Neighborhood Commercial District ("NCD") and an RH-3 (House, Three-Family) District, and within a 50-X Height and Bulk District.

          REAR-YARD, LOT-SIZE, OFF-STREET PARKING AND USABLE OPEN SPACE VARIANCES SOUGHT: The proposal is to split the subject lot into two lots and to construct a new, two-unit, four-story residential building with rooftop open space on the proposed new lot with its frontage on Linden Street after demolition of a two-space rear-yard garage thereon. The two-unit-over-commercial building on the Hayes Street side of the lot would be retained. The proposed new lot line would follow the zoning boundary that divides the lot. The proposed lot with its frontage on Linden Street would be 50 feet deep and would be within an RH-3 District.

          Section 134, et seq., of the Code sets forth standards for rear-yard areas. It requires, in an RH-3 District, a rear yard, open and clear from the ground up, equal to the average of the depths of the rear yards of the adjoining buildings with a minimum yard area of 25 percent of the depth of the lot (and in no case less than 15 feet). In the Hayes-Gough NCD, rear-yard area is required equal to 25 percent of the depth of the lot beginning at the first residential level of the building. The proposed new lot on Linden Street (RH-3) would continue to contain existing outdoor seating area, deck and stairs of the restaurant in the ground floor of the Hayes Street building. The two existing dwelling units on the Hayes Street lot (Hayes-Gough NCD) would extend all the way to the proposed new rear lot line.

          Section 121(e), et seq., of the Code requires that newly-created lots situated as is the subject property, contain a minimum of 1,750 square feet in area. The proposed new lot with its frontage on Linden Street would contain 1,375 square feet.

          Section 151, et seq., of the Code requires each newly-created dwelling unit (in both the Hayes-Gough NCD and an RH-3 District) to be served by one off-street parking space. The existing two-car garage serving the existing two dwelling units on the subject property would be demolished to make way for the proposed new two-unit residential building on the proposed Linden Street lot. That new building would contain off-street parking for two cars resulting in a deficit of two such spaces.

          Section 135 of the Code requires each dwelling unit in the Hayes-Gough NCD to be served by 60 square feet of usable open space (if that space is all-private). The reconfiguration of the rear exit stairs of the Hayes Street building may cause the existing usable open space to be reduced to below the Code-required minimum.

(MICHAEL LI)

12. 2004.0355V: 1158 SUTTER STREET, north side between Polk and Larkin Streets; Lot 010 in Assessor's Block 0669 within the Polk Street Neighborhood Commercial District and a 65-A Height and Bulk District.

          REAR YARD MODIFICATION SOUGHT: The proposed project is the addition of three stories to the existing building. The new six-story building will contain 14 dwelling units, 14 parking spaces, and approximately 2,300 square feet of commercial space.

          Section 134 of the Planning Code requires a minimum rear yard depth of approximately 30' 0" for the subject property, measured from the rear property line. The project will provide an interior courtyard in the middle of the lot beginning at the second floor (on the roof of the garage).

(MAT SNYDER)

13. 2004.1261V: 925 SOUTH VAN NESS AVENUE, Lot 028 in Assessor's Block 3611, east side between 20th Street and 21st Street, in an RH-3 (House, Three-family) District and a 50-X Height and Bulk District.

          REAR YARD VARIANCE SOUGHT. The proposal is to demolish the existing rear porch and construct a new deck and stairs in approximately the same location. The new stairs would be reconfigured to run along the width of the new rear deck. The deck and stair would be approximately 12-feet from the rear stair.

          Planning Code Section 134(c) requires a 55-foot rear yard measured from the rear property line. Planning Code Section 188(a) does not allow legally existing structures that don't meet the requirements of the current Code to be voluntarily demolished and rebuilt without a variance.

(BEN FU)

14. 2004.1204V: 819 FLORIDA STREET, east side, between 20th and 21st Streets; Lot 023E in Assessor's Block 4086, in a RH-2 (Residential, Three-Family) District with a 40-X Height and Bulk Designation.

          REAR YARD VARIANCE SOUGHT: The proposal is to (1) legalize a rear building extension constructed without permit; (2) replace a second floor rear deck and stair constructed without permit; and (3) enclose space below the second floor rear deck that encroaches into the required rear yard, on an existing two-story, single-family dwelling.

          Planning Code Section 134(a)(2) requires that all lots in a RH-2 District to have a minimum rear yard depth equal to 45 percent of the total depth of the lot on which the building is situated. The subject lot has a rear yard requirement of 45 feet, or 45 percent of the lot depth. An existing 7 foot rear building extension was constructed without permit and intrudes approximately 4 feet into the required rear yard, leaving an existing rear yard of 42 feet, or 42 percent of lot depth. The existing rear deck and stair, also constructed without permit, further encroach approximately an additional 16 feet into the required rear yard, leaving a rear yard of approximately 25 feet, or 25 percent of lot depth.

(BEN FU)

15. 2004.1260V: 41 STONEMAN STREET, south side, between Manchester and Shotwell Streets; Lot 021 in Assessor's Block 5545, in a RH-2 (Residential, Two-Family) District and Bernal Heights Special Use District with a 40-X Height and Bulk Designation.

          REAR YARD AND OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to (1) construct bay windows in the front and rear on the second and third levels of the existing building; (2) increase building height for the rear 3/4 of the building by altering the existing front-gabled roof to side-gabled roof; and (3) increase the total building area without providing the required additional parking space on an existing two-story over garage, single-family dwelling.

          Planning Code Section 242 requires that all lots in a RH-2 district must have a minimum rear yard depth equal to 45 percent of the total depth of the lot in which the building is located. The required rear yard for the subject lot is approximately 34' feet or 45 percent of the lot depth. The existing rear yard is approximately 26 feet; the proposed rear yard is approximately 24 feet, or 32 percent of lot depth. The required rear yard is not met by: (1) approximately 1 foot of the proposed additional building height occurs within the required rear yard; (2) a proposed bay window on the third level that encroaches approximately 4 feet into the rear yard; (3) the existing building encroaches approximately 8 feet into the required rear yard; and (4) another proposed rear bay window on the second level farther encroaches 2 feet into the required rear yard.

          Planning Code Section 242(e)(4) sets forth the parking standards for new construction and alteration. Two off-street parking spaces are required for usable floor area between 1,301 to 2,250 square feet. The total usable floor area with the proposed addition would be approximately 1,800 square feet. One parking space exists. No additional spaces provided.

          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)

16. 2004.1324V: 59 MANCHESTER STREET, east side south of Bessie Street; Lot 040 in Assessor's Block 5523; in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District, and is within the Bernal Heights Special Use District.

          REAR YARD VARIANCE SOUGHT: The proposal is to construct a rear deck at the second and third story at the southeast corner of the subject three-story single-family dwelling, and within the required rear yard. The deck would be approximately 8 feet wide and 7 feet deep on both levels and would not project beyond the rear building wall, but would fill in the southeast notch of the building. A solid one-hour-rated firewall would be constructed along the south property line abutting the deck rising from the ground to approximately 21 feet to the top of the railing of the upper level deck. No stairs are proposed.

          Section 242(e)(2) of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot, or 36 feet for the subject lot. The existing rear yard is 26 feet, which is legally non-complying. Section 242(e)(2)(C) allows a building to intrude into this required rear yard area up to the extent that an adjacent building intrudes, provided the intrusion is no wider than half of the width of the lot, and the lot coverage resulting from this intrusion is offset by otherwise permitted coverage in the rear of the subject property. The subject building and both adjacent buildings already intrude into the required rear yard by approximately 10-15 feet. The proposed deck would not extend beyond these existing structures.

(JON PURVIS)

17. 2004.1303V: 137 PORTER STREET, east side south of Benton Avenue; Lot 018 in Assessor's Block 5826; in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District, and is within the Bernal Heights Special Use District.

          REAR YARD AND GARAGE DOOR WIDTH VARIANCES SOUGHT: The proposal is to construct on this vacant lot a new three-story, two-family dwelling that would project into the required rear yard open area, with a two-car garage at the first story with a 15-foot-wide door.

          Section 242(e)(2) of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot, subject to reduction equal to the amount of the front setback greater then five feet, or a total rear yard of 28 feet for the subject lot. The building, with rear decks on the two upper levels, would provide a 15-foot rear yard.

          Section 242(e)(5) of the Planning Code allows a maximum garage door width of 12 feet. The building would provide a 15-foot wide garage door.

Public Comment:

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

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

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

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

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

    Adjournment

Last updated: 11/17/2009 10:00:42 PM