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, November 16 , 2005, City Hall,  1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

 

 

9:30 A.M.

 

A.     CONSENT CALENDAR

 

All items listed hereunder constitute a Consent Calendar and are considered to be routine by the Zoning Administrator.  There will be no separate discussion of these items unless a member of the public so requests, in which case the matter shall be removed from the Consent Calendar and considered as a separate item at this time or at a future hearing.

 

 

(SHAUNN MENDRIN)

 

1.         2005.0637V:    139 DOWNEY STREET, west side, between Frederick and Ashbury Streets; Lot 096 in Assessor's Block 096, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

 

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to raise the existing structure approximately 3 feet (which will increase the buildings height from approximately 23 feet to 26 feet) to accommodate the installation of a new garage, reconstruction of the rear deck and stairs and the addition of a new second unit at the ground floor (behind the garage).  The existing rear portion of the structure extends approximately 12 feet into the required rear yard.  Raising the house will require reconstruction of the rear deck and stairs, including new firewalls.  

 

Section 134(a) of the Planning Code requires a 36-foot deep rear yard.  The deck, stairs and firewalls will be located within the required rear yard.  Although the reconstructed deck will increase the rear yard from 17 feet 9 inches to 20 feet, providing approximately 3 additional feet to the rear yard area, the project still does not meet the rear yard requirement. 

 

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. The existing building has a 17 feet 9 inches rear yard, and because portions of the building already encroach 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.

 

(GLENN CABREROS)

 

2.         2005.0696V:    2453 FILBERT STREET, south side between Pierce and Scott Streets, Lot 026 in Assessor’s Block 0536 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 gate and solid wall approximately 12 feet tall (at the highest point) and 17 feet wide along the front lot line, in association with construction of a new garage and stairs.

 

Section 132 of the Planning Code requires the front setback to be the average of two adjacent front setbacks but no greater than 15 feet.  The proposed gate and wall are entirely within the required 15-foot front setback area.  While Section 136 of the Planning Code allows construction of the garage and stairs without a variance the same Section only allows for an open fence/wall no more than 6 feet in height or a solid fence/wall no more than 3 feet in height.  The proposal is to extend the garage front wall across the entire lot width, thus requiring the variance.

 

                                                                                                                           (MICHAEL SMITH)

 

3.         2005.0658V:    100 EAGLE STREET, north side between Market and Mono Streets; Lot 018 in Assessor’s Block 2711 in a RH‑2 (Residential, House, Two‑Family) District and a 40‑X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a two-story horizontal addition at the rear of the building with circular stairs to grade.  The addition would measure 6-feet in depth, 13’-6” in width, and 24-feet in height. The stairs would project four-feet beyond the rear wall of the addition.

 

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15-feet measured from the rear property line.  The proposed addition would extend to within approximately 13’-6” of the rear property line encroaching 1’-6” into the required rear yard. 

 

(DAN DIBARTOLO)

 

4.         2005.0653V:    30 LA FERRARA TERRACE north side between Kearny Street and Grant Avenue; Lot 002C in Assessor's Block 0061, in an RH-3 (Residential, House, Three-Family) District and a 40‑X Height and Bulk District.

 

                                    REAR YARD VARIANCE SOUGHT: The project is to construct a second story deck at the rear of the structure, within the required rear yard. The proposed deck project, at the western portion of the yard area, would be approximately 9 feet above grade, approximately 14’-8” in width and would encroach approximately 10’-4” into the 15 foot required rear yard.

 

 

                                   

 

                                    Section 134 of the Planning Code requires that the rear yard be equal to 45% of the lot depth, or the average of the adjacent properties, but in no case less than 25% of the lot depth or 15 feet, whichever is greater.  In this case, the required rear yard is 15 feet in depth.

 

 

(MAX PUTRA)

 

5.         2005.0858V:    6534 THIRD STREET, northwest side between Le Conte and Key Avenue, Lot 7 in Assessor’s Block 5475 in an RM-1 (Residential, Mixed, Low Density) Zoning District and a 40-X Height and Bulk District. 

 

                                    FRONT SETBACK VARIANCE SOUGHT:  The proposal is to construct a new three-story, two-family dwelling on a vacant lot.

 

                                    Section 132 of the Planning Code requires a minimum front setback of 15 feet measured from the property line. The proposed building would extend to within 5 feet of the front property line.  The proposed three-story, two-family dwelling would be contrary to Section 132.

 

 

 

(MAX PUTRA)

 

6.         2005.0629V:  65 MANCHESTER STREET, east side between Bessie and Stoneman Streets, Lot 36 in Assessor’s Block 5523 in an RH-2 (Residential, Two-Family) District and a 40-X Height and Bulk District and in the Bernal Heights Special Use District.

 

                                    REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to replace existing stairs, two-level decks and a fire escape with new stairs and three-level decks at first, second and third floors generally within the same location at the rear of the existing four-story over basement, two-family house.

 

                                    Section 242(e)(2) of the Planning Code provision for Bernal Heights Special Use District requires a minimum rear yard depth of 45 percent of the total depth of the lot or 36 feet measured from the rear property line. The proposal would be located approximately 15 feet from the rear property line.

 

                                    Section 188 of the Planning Code prohibits the expansion of a non-complying structure. Because the existing stairs and decks at the rear already encroach 21 feet into the required rear yard and are more than two stories above grade, they are considered legal non-complying structures. The proposed stairs and decks would be contrary to Sections 188 and 242.

 

 

 

                                                                                                                                           (BEN FU)

 

7.         2004.0655V:    2518 25TH STREET, north side, between San Bruno Avenue and Vermont Street; Lot 012 in Assessor's Block 4262, in a RH-2(Residential, Two-Family House) District with a 40-X Height and Bulk Designation.

 

                                    FRONT SETBACK VARIANCE SOUGHT: The proposal is to extend the front building wall into the required front setback area.

 

                                    Planning Code Section 132 requires that in RH and RM Districts, all lots where one or both of the adjacent buildings have front setbacks along a street or alley, the subject property shall be set back to the average of the two adjacent front setbacks.  In addition, all stairs and landings may not occupy more than 2/3 the buildable width of the lot along a front or rear building wall.

 

                                    Adjacent buildings to the north and south of the subject property each has a front setback of approximately 8’-0”.  The required front setback for the subject lot would be 8’-0” at all levels.  The project proposes to legalize existing stairs, decks and landings that occupy the entire width of the buildable width of the lot.  In addition, the existing stair on the ground level intrudes 8’-0” into the front setback, and the existing deck on the top floor occupy approximately 9’-0” over the maximum buildable width. 

 

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.

 

 

 

B.     REGULAR CALENDAR

 

(ELAINE TOPE)

 

8.         2005.0855V:    2950-52 PINE STREET, north side between Lyon and Baker Streets.  Lot 013 in Assessor’s Block 1030, in an RH-2 (Residential, House, Two-Family), District and a 40-X Height and Bulk District.

 

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:  The three-story subject building, which is located at the rear of the lot, contains two dwelling units.  The proposal is to infill an existing notch at the rear of the building by constructing an approximately 10 foot wide by 6-foot deep ground floor addition, which would extend to the rear property line.

 

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.  Using the averaging method, the required rear yard depth for the 137.5-foot deep subject lot, is approximately 59 feet.  Thus, the proposed 6 foot deep addition, which extends to the rear property line, would be located within the required rear yard.

 

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure.  The existing 34-foot deep subject building is entirely located within the rear yard and is therefore considered a legal non-complying structure.  The expansion of the non-complying structure would be contrary to Section 188.

 

 

(SHAUNN MENDRIN)

 

9.         2005.0625V:    638-642 OAK STREET, north side, between Fillmore and Webster Streets; Lot 009 in Assessor's Block 0828, in an RM-1 (Residential, Mixed, Low Density) District with a 40-X Height and Bulk Designation.

 

REAR YARD VARIANCE SOUGHT: The proposal is to legalize a wood deck constructed without permits at the rear of the 2^nd and 3^rd floors.  The deck will be reinforced as required by the Building Code and a new one-hour rated firewall is required to be constructed on the east side of the deck.  The project will also include the construction of new egress stairs at the northern end of the deck and a one-hour rated firewall is also required on the east side of the stairs.  A portion of the existing deck and the new stairs are located within the required rear yard area.

 

Section 134 of the Planning Code requires a 51 foot 6 inch deep rear yard, based on averaging the rear walls on the adjacent properties.  The existing deck extends approximately 16 feet into the required rear yard.  In addition, the required egress will be located within the required rear yard.  The requested variance will legalize the existing deck, new stairs and new one-hour rated firewall required for the existing deck and new stairs.  

 

 

 

                                                                                                                        (MAX PUTRA)

 

10.       2005.0615V:    123 CORBETT AVENUE, south side between Hattie and Ord Streets, Lot 026 in Assessor’s Block 2657 in an RH-2 (Residential, Two-Family) District and a 40-X Height and Bulk District. 

 

OFF-STREET PARKING, REAR YARD AND NON-COMPLYING VARIANCES SOUGHT:  The proposal is to legalize a second dwelling unit on the first floor with tandem parking, and  reduce the size of the existing non-complying decks at the rear of the existing two-story, single-family dwelling.

 

 

 

Section 151 of the Planning Code requires the provision of a second, full size, independently accessible off-street parking space to serve the requested unit. The subject property has one existing off-street parking space and a second off-street tandem parking space would be provided.

 

Section 134 of the Planning Code requires a minimum rear yard depth of 25 percent or 19 feet measured from the rear property line. The proposed decks reduction would be within 8 feet from the rear property line.

 

Section 188 of the Planning Code prohibits the expansion, alterations and reconstruction of a non-complying structure. Because the rear portion of the existing two level decks already encroach 10 feet into the required rear yard, they are considered legal non-complying structures.

 

The requested second unit and decks reduction in size would be contrary to Sections 151, 134 and 188 of the Planning Code.

 

 

 

 

                                    (BEN FU)

 

11.       2005.0832V:    3019 CESAR CHAVEZ STREET, south side, between Alabama and Florida Streets; Lot 021 in Assessor's Block 5505, in a RH-2 (Residential, House, Two Family) District with a 40-X Height and Bulk Designation and with the Bernal Heights Special Use District.

 

                                    REAR YARD AND OFF-STREET PARKING VARIANCE SOUGHT:  The project proposes (1) to construct a rear yard addition that intrudes into the required rear yard, (2) to increase the number of required parking spaces, and (3) to add a new dwelling unit to the existing one-unit, three-story building.

 

                                    Planning Code Section 242(e)(2)(B) requires lots in RH-2 districts to 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 37’-0”, or 45 percent of the lot depth.  The proposed 13’-0” deep by 17’-0” wide rear yard addition encroaches approximately 12’-6” into the required rear yard.

 

Planning Code Section 151 requires one independently accessible off-street parking space per each dwelling unit.  One off-street parking space currently exists and no additional spaces are proposed. 

 

 

 

                                    Planning Code Section 242(e)(4) requires three off-street parking spaces for alteration and new construction with usable floor area between 2,251 to 2,850 square feet.  The parking requirement is one space per dwelling, or based on the usable floor area, whichever is greater.  Each space must be independently accessible and allow maneuvering space.  The project proposes a usable floor area of approximately 2,350 square feet; therefore, three spaces are required.  One off-street parking space currently exists and no additional spaces are proposed. 

 

                                    Planning Code Section 188 prohibits intensification or increase in any discrepancy at any level of a non-complying structure/lot.  The existing structure is non-complying in terms of parking.  Two spaces are currently required but one exists.  The proposal intensifies the existing non-complying parking requirement.

 

 

                                                                                                                                          (BEN FU)

 

12.       2005.0562V:    3645 FOLSOM STREET (aka 3659 FOLSOM), east side, between Powhattan and Eugenia Avenues; Lot 021 in Assessor's Block 5652, in a RH-1 (Residential, House – One-Family) District with a 40-X Height and Bulk Designation and in the Bernal Heights Special Use District.

 

                                    FRONT SETBACK, REAR YARD, OFF-STREET PARKING AND GARAGE DOOR WIDTH VARIANCES SOUGHT:  The project proposes to demolish the existing single-story warehouse and to construct a new two-story over garage single-family dwelling.

 

                                    Planning Code Section 132 requires that in a RH-1 District, where one or both of the buildings adjacent to the subject property have front setbacks along a street or alley, any new construction on the subject property shall be setback to the average of the two adjacent front setbacks.  The subject property has a front setback requirement of approximately 6 inches.  The project proposes no front setback area.

 

                                    Planning Code Section 242(e)(2) requires all lots of 70 feet or less in depth in RH-1 districts to have a minimum rear yard depth equal to 35 percent of the total depth of the lot in which the building is located.  However, a building may intrude into the required rear yard up to the extent that the adjacent building intrudes, provided the intrusion is no wider than half of the width of the lot, and 25 percent of the total lot depth is provided as rear yard open space.  The coverage resulting from the intrusion must be offset by otherwise permitted coverage in the rear of the subject property.  The project proposes a rear stair and deck that intrude into the required rear yard without providing the required offset within the otherwise permitted coverage in the rear yard.  The required rear yard is 24’-6”; the proposed rear yard is 17’-6”.

 

                                   

 

 

 

                                    Planning Code Section 242(e)(4) requires 3 off-street parking spaces for new construction with usable floor area between 2,251 to 2,850 square feet.  Each space must be independently accessible and allow maneuvering space.  The project proposes a usable floor area of approximately 2,500 square feet; therefore, 3 spaces are required - 2 off-street parking spaces are proposed. 

 

                                    Planning Code Section 242(e)(5) limits the maximum width of a garage door to 12’-0”.  The project proposes a garage door width of 14’-0”.

 

 

                                                                                                                                    (MAT SNYDER)

 

13.       2005.0655V:    354-356 PARK STREET, Lot 063 in Assessor’s Block 5721, south side between Andover and Holly Park Circle, in an RH-2 (House, Two-family) District and a 40-X Height and Bulk District.

 

                                    PARKING, FRONT SETBACK, AND REAR YARD VARIANCES SOUGHT.  The proposal is to construct a third floor vertical addition for the entire depth of the two-unit structure along with a third floor deck that would project seven-feet at the rear, in conjunction with repairing fire damage.

 

                                    Planning Code Section 132 requires a 4.5-foot front setback as determined by the average setback of the two adjacent buildings.  The subject building is built to the front property-line and therefore is considered non-complying per Planning Code Section 180(a)(2).  Planning Code Section 188(a) does not permit a non-complying situation to become more non-complying.  By constructing a third floor addition that would also be built to the front property-line, the structure would become more non-complying for the front setback requirement. 

 

                                    Planning Code Section 242(e)(2)(E) requires a 45-foot rear yard.  In the Bernal Heights Special Use District, building extensions, such as decks, are not permitted to project into the required rear yard.  The proposal would include an additional third floor seven-foot deep deck that would extend approximately five-feet into the required rear yard. 

 

                                    Planning Code Section 242(e)(4)(B) requires that buildings in the Bernal Heights Special Use District be brought up to compliance with the parking requirement when an addition includes more than 199 square feet of usable floor area.  The addition would result in the structure being approximately 3,327 square feet, which requires four parking spaces under Planning Code Section 242(e)(4) (the Bernal Heights parking requirements).  The proposal would only maintain a single independently accessible parking 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