January 25, 2006
PLANNING 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 25, 2006
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 25, 2006, 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.
(KATE CONNER)
(ELAINE TOPE)
2. 2005.0905V: 50 MONTCLAIR TERRACE, east side between Chestnut and Lombard Streets. Lot 019A in Assessor’s Block 0068, in an RH-1 (Residential, House, one-Family), District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The three-story subject building contains one dwelling unit. The proposal is to construct an approximately 6-foot by 6-foot elevator, which comes up through the northeast corner of the existing main level rear deck and serves all three-floor levels. The height of the elevator, from grade of the rear yard, to the top of the elevator penthouse is approximately 38 feet, which is also the height of the existing building.
Section 134 of the Planning Code requires that the rear yard in an RH-1 District shall be equivalent to 25 percent of the total lot depth, but in no case less than 15 feet. The required rear yard depth for the 80-foot deep subject lot is 20 feet. The existing second level deck and the proposed 6-foot deep elevator, encroach approximately 8 feet into 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 second story deck is located entirely within the rear yard setback and the subject building encroaches approximately 18 inches into the required rear yard setback, therefore both would be considered legal non-complying structures. The expansion of the non-complying structure would be contrary to Section 188.
(ELAINE TOPE)
3. 2005.0710V: 2580 GREENWICH STREET, north side between Divisadero and Scott Streets. Lot 037 in Assessor’s Block 0937, 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, contains one dwelling unit. The proposal is to horizontally extend the third level at the rear by constructing an approximately 25 foot wide by 5-foot deep addition. The proposed project would result in approximately 107 square feet of new habitable space.
Section 134 of the Planning Code requires that the rear yard in an RH-2 District shall be 45 percent of the 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. Additionally, when using the averaging method, the last 10 feet of the building depth thus permitted on the subject lot, is restricted to a height of 30 feet.
Using the averaging method, the required rear yard depth for the 100-foot deep subject lot, is approximately 37 feet. The existing house and the proposed addition extend to within 35 feet of the rear property line, encroaching into the required rear yard by two feet. The proposed third story addition would also exceed the 30-foot height limit by approximately two feet. Thus the project would require a rear yard variance.
Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. The existing 65-foot deep subject building encroaches two feet into the required rear yard and two feet above the 30-foot height restriction for the last 10 feet of the building. Therefore the subject building is considered a legal non-complying structure. The expansion of the non-complying structure would be contrary to Section 188.
(ELAINE TOPE)
4. 2005.0802V: 2226 BUSH STREET, north side between Steiner and Fillmore Streets; Lot 007 in Assessor’s Block 0659, in the Upper Fillmore Neighborhood Commercial District (NCD), and a 40‑X Height and Bulk District.
REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to convert the existing two-story office building, which contains office and commercial space on the ground floor and office space on the second floor, to office, commercial, and a one-car garage on the ground floor, and a single-family residential unit on the second floor. The subject property is a through lot with frontages on both Bush and Wilmot Streets. The subject building covers the entire lot. The conversion of space to a dwelling unit triggers rear yard requirements that cannot be met since the existing building covers the entire lot.
An approximately 120 square foot stair enclosure and an approximately 420 square foot roof top deck are also proposed, but otherwise, the building’s footprint would not change.
Section 134 of the Planning Code requires that the rear yard in the Upper Fillmore NCD shall not be less than 25% of the total lot depth or 15 feet, whichever is greater, at the second story and above and at the first story if it contains a dwelling unit. The lot depth of the subject property is approximately 127 feet and requires an approximately 32-foot rear yard at the second floor. There is no existing or proposed rear yard and therefore the proposal does not meet minimum rear yard standards and the project as proposed, is contrary to Section 134. Section 134(e) states that the rear yard
requirement in NCDs may be modified or waived by the Zoning Administrator pursuant to the procedures, which are applicable to variances.
Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the second story of the existing building encroaches into the required rear yard, it is considered a legal non-complying structure. The proposed project includes a change of use from office to housing as well as an intensification due to the approximately 120 square foot stair enclosure and the approximately 420 square foot roof top deck, which are proposed on the roof. Therefore the project as proposed, is contrary to Section 188.
(ELAINE TOPE)
5. 2005.0803V: 2232 BUSH STREET, north side between Steiner and Fillmore Streets; Lot 008 in Assessor’s Block 0659, in the Upper Fillmore Neighborhood Commercial District (NCD), and a 40‑X Height and Bulk District.
REAR YARD, AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to convert the existing two-story industrial building, which contains office, commercial and storage space on the ground floor and office space on the second floor, to office, commercial, and a one-car garage on the ground floor, and a single-family residential unit on the second floor. The subject property is a through lot with frontages on both Bush and Wilmot Streets. The subject building covers the entire lot. The conversion of space to a dwelling unit triggers rear yard requirements that cannot be met since the existing building covers the entire lot.
A 140 square foot stair enclosure and an approximately 500 square foot roof top deck are also proposed, but otherwise, the building’s footprint would not change.
Section 134 of the Planning Code requires that the rear yard in the Upper Fillmore NCD shall not be less than 25% of the total lot depth or 15 feet whichever is greater, at the second story and above, and at the first story if it contains a dwelling unit. The lot depth of the subject property is approximately 127 feet and requires an approximately 32-foot rear yard at the second floor. There is no existing or proposed rear yard and therefore the proposal does not meet minimum rear yard standards and the project as proposed, is contrary to Section 134. Section 134(e) states that the rear yard requirement in NCDs may be modified or waived by the Zoning Administrator pursuant to the procedures, which are applicable to variances.
Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the second story of the existing building encroaches into the required rear yard, it is considered a legal non-complying structure. The proposed project includes a change of
use from office to housing as well as an intensification due to the approximately 140 square foot stair enclosure and the approximately 500 square foot roof top deck, which are proposed on the roof. Therefore the project as proposed, is contrary to Section 188.
(SARA VELLVE)
6. 2005.0768V: 45 SEA VIEW TERRACE, southeast corner of Sea View Terrace and 31st Avenue; Lot 003K in Assessor’s Block 1390 in an RH-1 (D) (House, One-Family (Detached Dwelling)) District and a 40-X Height and Bulk District.
REARYARD, SIDE YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a 7-foot deep horizontal addition on the ground floor with a deck and railing above, and reconstruct a portion of the rear egress stairs located adjacent to the south property line within the required rear and side yards of the three-story over garage, one-family dwelling. As the addition would be located within the required rear and side yards, and attached to a noncomplying structure, variances are required.
Section 133 of the Planning Code requires a minimum side yard of five feet along the south portion of the structure adjacent to the south property line. The proposed egress stair and horizontal addition would be located within the required side yard.
Section 134 of the Planning Code requires a minimum rear yard depth of approximately 20 feet for the subject property, measured from the rear property line. The existing structure and proposed addition are located at the rear of the lot and would thus be located entirely within the required rear yard.
Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. As the existing building is already built within the required rear yard it is considered a legal noncomplying structure. Therefore, the expansion is contrary to Section 188.
(SHAUNN MENDRIN)
7. 2005.0689V: 1905-1907 PIERCE STREET, west side, between Pine and California Streets; Lot 006 in Assessor's Block 0656, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a two-story high approximately 7-feet deep horizontal addition at the rear of the existing house. The addition will accommodate a new stairwell, office/den and roof deck. The addition will extend no further than the existing rear wall.
Section 134(a) of the Planning Code requires a minimum of 25-foot deep rear yard. The addition will be located within the required rear yard, leaving approximately 16 feet for the required rear yard.
Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. The existing building has a 16-foot 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.
(RICK CRAWFORD)
8. 2005.1025V: 33-35 CUMBERLAND STREET, south side between Dolores and Guerrero Streets, Lot 021 in Assessor’s Block 3598; in a RH-3 (Residential, House, Three-Family) District, and within the 40-X Height and Bulk District.
REAR YARD AND EXPANSION OF A NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is remove the existing second story deck at the rear of the subject property and construct new rear decks at the second and third stories, and stairs from the second floor deck to the ground. The new second story deck and stairs will extend 5 feet 4 inches longer than the existing second story deck or 15 feet 9 inches from the rear wall of the building. The existing building is considered a noncomplying structure as it currently encroaches 32 feet into the rear yard
Planning Code Section 134 requires a rear yard of 51 feet 4 inches, where a rear yard of 17 feet 6 inches is proposed. Planning Code Section 188 prohibits an expansion of a structure that increases the degree of noncompliance.
(MICHAEL LI)
9. 2005.1092V: 199 CHESTNUT STREET, southeast corner at Kearny Street; Lot 021 in Assessor’s Block 0060 within the RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposed project is the installation of a private elevator for the fourth-floor unit.
Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15 feet for the subject property, measured from the rear property line. The proposed elevator, which will be on the side of the building, will partially encroach into the required rear yard.
Section 188 of the Planning Code prohibits the expansion of a noncomplying structure that increases the degree of noncompliance. The existing building already encroaches into the required rear yard and is considered a legal noncomplying structure. The proposed expansion would be contrary to Section 188.
(MAX PUTRA)
10. 2005.0877V: 1227-1229 CORTLAND AVENUE,northwest corner of Cortland Avenue and Nevada Street, Lot 42 in Assessor’s Block 5654 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.
REAR YARD, MINIMUM LOT AREA, AND USABLE OPEN SPACE VARIANCES SOUGHT: The proposal is to subdivide the existing 3,300 square feet lot into two separate lots. The proposed northerly lot at 186A – 186B Nevada Street would be 25 feet wide and contain two dwelling units. The proposed southerly lot at 1227 – 1229 Cortland Street would be 32.5 feet wide and would contain an existing commercial use at the first floor, and residential use at the second floor.
Section 242(e)(2) of the Planning Code requires a minimum rear yard depth of 35 percent of the total depth of the lot or 26 feet 3 inches measured from the rear property line. The proposed newly created lot at 186A – 186B Nevada Street would contain two dwelling units located entirely in the required rear yard.
Section 121(f) of the Planning Code requires a minimum lot area of 2,500 square feet or 1,750 square feet for a lot having its street frontage entirely within 125 feet of the intersection of two streets that intersect an angle of no more than 135 degrees. The proposed northerly lot of approximately 1,620 square feet, and the southerly lot of approximately 1,680 square feet are within 125 feet of the intersection of Cortland Avenue and Nevada Street. The lots would be deficient in lot area.
Section 135 of the Planning Code requires the provision of 125 square feet of private usable open space for each dwelling unit or a ratio of 1.33 of common usable open space. There is no private nor common usable open space provided for the subject property at 1227 – 1229 Cortland Avenue and no usable open space to serve the units is proposed.
(JON PURVIS)
11. 2005.0834V: 870 KANSAS STREET,west side south of 20th Street; Lot 014 in Assessor’s Block 4093; in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District.
REAR YARD AND FRONT SETBACK VARIANCES SOUGHT: The proposal is to expand an existing rear cottage frontward and vertically, and to add one off-street parking space within the front setback in order to spare the trees on the lot.
Section 134(a)(2) of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot, subject to reduction based on the average rear yard depth of the two adjacent properties, or 41.5 feet for the subject lot. The existing cottage was built at the rear of the lot yard, with its open space at the front. The proposal is to build a 19- to 29- foot two-story addition at the front of the cottage, leaving 42 percent of the lot as open space at the front.
Section 132(a) of the Planning Code requires a front setback equal to the average setback of the two adjacent properties, or 3 feet for the subject lot. One off-street parking space would be provided at the front, screened from view by an existing 6-foot fence within this setback.
(KIMBERLY DURANDET)
12. 2005.0918V: 2517 HARRISON STREET,an interior lot on the east side of Harrison; Lot 030 in Assessor’s Block 4147, in an RH-2 (Residential, House, Two- Family) District, a 40-X Height and Bulk District, and the Mission ABC/RUSD special use district.
REAR YARD VARIANCE SOUGHT: The project proposes to remove old deck and stairs and replace with new reconfigured deck and stairs.
Planning Code Section 134c requires a minimum rear yard of 31.5 feet for the subject property. The existing deck and stairs already extend 15 feet beyond this required rear yard and also extend 8.5 feet into the 25% minimum required rear yard leaving a rear yard of approximately 16.5 feet.
The new deck would extend 9.5 feet beyond the required rear yard leaving a rear yard of approximately 22 feet. In addition, the new configuration of the stairway would extend another 10 feet into the required yard.
(BEN FU)
13. 2005.0862V: 181 SOUTH PARK AVENUE,north side, between Jack London Place and 3rd Street; Lot 172 in Assessor’s Block 3775, in a SPD (South Park) District with a 40-X Height and Bulk Designation.
REAR YARD AND OPEN SPACE VARIANCE SOUGHT: The project proposes to partially convert the existing second floor office space to accommodate two new dwelling units, without the required rear yard and open space, on an existing three-story over garage, mixed-use building.
Planning Code Section 134(a)(1)(C) requires all lots in a SPD District to have a minimum rear yard depth equal to 25 percent of the total depth of the lot at the lowest story containing a dwelling unit, and succeeding level of the building. The required rear yard for the subject property is approximately 34’-6”. The existing building has a full-lot coverage with no existing rear yard. The project does not propose to alter the existing building envelope.
Planning Code Section 135 requires a minimum private usable open space of 80 square feet, or, a minimum common usable open space of 106.4 square feet per unit. The project has a common open space requirement of approximately 213 square feet, or 80 square feet of private open space for each unit. Though the project has an existing ground floor courtyard of approximately 400 square feet, the courtyard does not meet the exposure requirement of a minimum horizontal dimension of 20’-0”.
(EDGAR OROPEZA)
14. 2005.1108V: 225-227 BENNINGTON STREET,Lot 016 in Assessor’s Block 5708, an interior lot on the east side of Bennington between Ellert and Newman Streets in an RH-2 (House, Two- Family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The project proposes to reconfigure the existing deck and stairs for the upper and lower units.
Planning Code Section 242(e)(2)(B) requires the rear yard for the subject property to be equal to 45 percent of each lot congruent depth. The project site is an irregular lot depth that has a jogged rear lot line. The maximum lot depth is 81 feet deep, and the minimum measures 62.5 feet. The rear yard requirement for the subject property at its maximum depth is 36.5-feet, and at its minimum depth, 28-feet. The existing deck intrudes 8-feet further than the existing building wall, leaving a rear yard of 21.5-feet. The proposed stairs will be relocated towards the south side of the property, intruding approximately 20.5-feet, leaving a rear yard of 8-feet.
(MICHELLE GLUECKERT)
15. 2005.0860V: 1850 PALOU AVENUE,an interior lot on the north side of Palou; Lot 024 in Assessor’s Block 5320, in an RH-1 (Residential, House, One-Family) District, a 40-X Height and Bulk District.
FRONT SETBACK VARIANCE SOUGHT: The proposal is for a front setback variance for construction of a new three-story, single-family dwelling on an existing vacant lot.
Planning Code Section 132 requires a minimum 9’11” front setback for the subject property. The property owner is proposing a six-foot front setback.
B. REGULAR CALENDAR
(MARY WOODS)
16. 2005.0746V: 1736 - 1740 FILBERT STREET, north side between Gough and Octavia Streets; Lot 008 in Assessor's Block 0520, in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District. There are currently three buildings on the lot: a one-story two-car garage at the front, a two-story single-family dwelling in the middle, and a two-story single-family dwelling at the rear of the lot. The lot is approximately 25 feet wide by 165 feet deep.
REAR YARD AND DWELLING UNIT EXPOSURE VARIANCES SOUGHT: The proposal is to demolish the one-story garage and construct a new three-story over three-car garage building (approximately 25 feet wide by 57 feet deep by 40 feet tall) at the front of the lot. A 10-foot deep courtyard extending across the entire width of the lot would separate the new front building and the existing middle building. The proposed project would add a third dwelling unit within the new structure.
Section 134 of the Planning Code requires the minimum rear yard depth to be equal to 45 percent of the total depth of the lot. However, the minimum depth of a yard between two buildings on a lot is required to be 25 percent of the lot’s depth or 15 feet, whichever is greater, based on a Zoning Administrator’s interpretation of Section 134 dated November 1986. Therefore, the required minimum yard between the new front building and the middle building would be approximately 41 feet. Almost half of the new building (approximately 26 feet) and the new second floor exit stairs connected to the new building will be within the required yard.
Section 140 of the Planning Code requires that every dwelling unit in any use district shall face directly on an open area, such as a public street, a public alley or court yard at least 25 feet in width. The existing middle building currently meets the unit exposure requirement, however, the proposed new building would provide a 10-foot separation when a 25-foot separation is required, and would thus be contrary to Section 140.
(MAX PUTRA)
17. 2005.0847V: 312 ANZA STREET, north side between Blake and Collins Streets, Lot 10 in Assessor’s Block 1090 in an RH-3 (House, Three-Family) District in a 40-X Height and Bulk District.
OFF- STREET PARKING VARIANCE SOUGHT: The proposal is to legalize a second dwelling unit on the basement floor without providing an off-street parking space to 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 parking space would not be provided. The proposed project would be contrary to Section 151.
(JIM MILLER)
18. 2005.1050V: 550-560 OCTAVIA STREET, southeast corner at Grove Street, Lot 19 in Assessor’s Block 808, in an NC-1 (Neighborhood Commercial Cluster) District and a 50-X Height and Bulk District.
REAR-YARD VARIANCE SOUGHT: The proposal is to raise the existing, non-complying building approximately four feet, to fill in the ground-floor lightwells, and to reconfigure the lightwells on the second and third floors.
The subject lot is developed with a three-story building containing six dwelling units on the upper two floors over ground-floor commercial space. This building covers almost all of the lot except a four-foot strip at its northerly end that permits access to the rear exit stairs. The ceiling height of the ground floor would be raised to accommodate restaurant use therein. The dwelling units would be reconfigured resulting in the disappearance of the two existing lightwells and their replacement by a longer one near the middle of the building along its western property line. Additionally, the ground floor would be configured so as to remove the existing light courts and to increase the space devoted to commercial use (proposed for a restaurant).
Section 134 of the Planning Code sets forth standards for rear-yard areas. For the subject property, it requires a rear yard, open and clear from the ground up, equal to 25 percent of the depth of the lot, approximately 20 feet in depth. The subject lot is 80 feet in depth by 25 feet in width. Since the building covers almost all of the site, the proposed infills and increased building height would be, in part, in areas prescribed by the Code as open “rear yard”.
(MAT SNYDER)
19. 2005.0835V: 48-50 MANCHESTER STREET,Lot 002 in Assessor’s Block 5522, west side between Bessie and Stoneman, in an RH-2 (Residential, House, Two-Family) District and a 40X Height and Bulk District.
REAR YARD AND PARKING VARIANCES SOUGHT: The proposal is to legalize the third floor of occupancy for one of the two units in the front building and a rear stair.
Planning Code Section 242(e)(4)(ii) requires that residential buildings be made code-compliant for parking when adding 200 square feet or more. The proposal is to legalize the addition of approximately 650 square feet resulting in a requirement for four parking spaces. The proposal is to only maintain the one existing parking space.
Planning Code Section 242(e)(2) requires a rear yard be provided 36-feet from the rear property-line. One-story stairs are only allowed to extend six-feet into this open area pursuant to Planning Code Section 136(c)(14). The proposal would include legalizing a one-story stair that extends 10.5-feet into the required rear yard.
(MAT SNYDER)
20. 2005.0756V: 1458 VALENCIA STREET,Lot 011 in Assessor’s Block 6531, west side between 25th and 26th Streets, in a Valencia Neighborhood Commercial District and a 50-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a rear addition that would extend to the rear property-line at the first floor and would extend 15-feet from the rear property-line at the second floor. The proposal would also include a roof deck over the new first story addition, which in turn, would feature a parameter 8.33-foot wall.
Planning Code Section 134(a)(1)(B) requires a 25-foot rear yard at the second story and above or at every level where there is a dwelling unit.
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:
- respond to statements made or questions posed by members of the public; or
- request staff to report back on a matter at a subsequent meeting; or
- direct staff to place the item on a future agenda. (Government Code Section 54954.2(a))
ADJOURNMENT