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, May 24, 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.

(SARA VELLVE)

1. 2006.0382V: 2524 BROADWAY, north side between Pierce and Scott Streets; Lot 040 in Assessor's Block 0561 in an RH-1 (House, One-Family) District and a 40-X Height and Bulk District.

REARYARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to fill in a 3' wide by 5' deep by 10' high portion of the top-floor lightwell on the east side of the structure.

Section 134 of the Planning Code requires a minimum rear yard depth of 25 feet for the subject property, measured from the rear property line. The existing structure and proposed fill-in are both located within 25' of the rear property line.

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.

(ELIZABETH WATTY)

2. 2006.0325V: 484-486 CHENERY STREET, north side between Mateo and Roanoke; Lot 031 in Assessor's Block 6717 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: This proposal is to legalize the existing deck and staircase that are located within the required rear yard. The deck and staircase were constructed without the benefit of permits, however they provide a second means of egress for the dwelling unit located on the second floor. The applicant proposes to rebuild this deck in the same location and with the same dimensions, while bringing it into compliance with current Building Code standards.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 25-feet for the subject property, measured from the rear property line. The proposed deck and staircase will encroach approximately 16-feet into the required rear yard, extending to within 9-feet of the rear property line.

(CECILIA JAROSLAWSKY)

3. 2006.0324V: 180 IDORA AVENUE, north side, between Laguna Honda Boulevard and Garcia Avenue; Lot 021 in Assessor's Block 2917 in an RH-1(D) (House, One-Family Detached Dwelling) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to relocate the existing parking space from within the existing rear garage to alongside the west property line, within the side-yard of a single-family structure. No construction is proposed to enclose the parking space and a fence would be installed to mitigate pedestrian view of the vehicle.

Section 133 of the Planning Code requires a minimum side-yard of four feet. The existing western portion of the lot contains approximately an eight-foot side yard and the eastern portion contains a four-foot setback. Although the proposal would not increase the level of non-conformity on the property, the proposal is contrary to Section 136 of the Planning Code and would require a Variance.

(MICHAEL SMITH)

4. 2006.0467V: 25 CERRITOS AVENUE, south side between Ocean Avenue and Moncada Way; Lot 028 in Assessor's Block 6913 in a RH 1(D) (Residential, House, One Family (Detached) District and a 40 X Height and Bulk District.

SIDE YARD VARIANCE SOUGHT: The proposal is to construct a horizontal addition at the rear of the building. The addition would measure 18' in depth, 20' in width, and 30' height above grade. The addition will have a deck at the rear that is 12' in depth, 20' in width, and measures 17' in height above grade measured to the trellis.

Section 133 of the Planning Code requires a minimum side yard depth of approximately five-feet measured inward from the side property lines. The proposed addition would extend to within approximately 4'-4 of the side property line encroaching 8 into the required side yard.

Section 188 of the Planning Code prohibits the enlargement of a noncomplying structure. Because portions of the existing east side of the building already encroach 8 into the required side yard, the building is considered a legal noncomplying structure. Therefore, the enlargement of the noncomplying portion as proposed would be contrary to Section 188.

(MICHAEL LI)

5. 2006.0417V: 298 CHESTNUT STREET southeast corner at Kearny Street; Lot 018 in Assessor's Block 0055 within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposed project is the installation of a trellis (8' 0 high and 150 square feet) within the required rear yard.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 60 feet for the subject property, measured from the rear property line. The proposed trellis will partially encroach into the required rear yard.

Section 136(c)(22) of the Planning Code allows garden structures enclosed by walls on no more than 50 percent of their perimeter, such as gazebos and sunshades, if no more than eight feet in height above grade and covering no more than 60 square feet.

(SCOTT SANCHEZ)

6. 2006.0393V: 141 NEVADA STREET, east side between Powhattan and Cortland Avenues; Lot 028 in Assessor's Block 5655 in an RH-1 (House, One-Family) District and a 40-X Height and Bulk District within the Bernal Heights Special Use District.

REAR YARD VARIANCE SOUGHT: The proposal is to expand the subject building, a single-family dwelling, 20 feet 8 inches to the rear.

Section 242(e)(2) of the Planning Code requires a maximum building depth of 45 feet 6 inches measured from the front property line. The proposed rear addition would extend the building depth to 62 feet 8 inches from the front property line.

(MICHELLE GLUECKERT)

7. 2006.0425V: 496 ELLSWORTH STREET, on the west side of Ellsworth Street between Tompkins Avenue and Jarboe Avenue; Lot 015 in Assessor's Block 5705, in an RH-1 (House, One-Family) District within the Bernal Heights Special Use District, and a 40-X Height and Bulk District.

REAR YARD AND PARKING VARIANCES SOUGHT: The proposal is for a rear yard variance for the alteration of a single-family residence. A portion of the rear of the structure is legal non-conforming as it currently encroaches into the required rear yard. The proposed construction is for the addition of a third story that will occupy the same footprint of the existing non-conforming structure, and will thus encroach into the required rear yard.

Planning Code Section 242(e)(2)(A) requires that a lot 70 feet in depth maintain a minimum rear yard depth equal to 35 percent of the total depth of the lot on which the building is located. The required rear yard for the subject lot is 24 feet. The variance would allow for the rear portion of the structure to extend 11 feet into the required rear yard, resulting in a rear yard of 13 feet.

Planning Code Section 242(e)(4) states that two off-street parking spaces are required if the useable floor area is between 1301 and 2250 square feet. The proposed alteration brings the total useable floor area to approximately 2144.5 square feet. Only one parking space is proposed.

(MICHELLE GLUECKERT)

8. 2006.0110V: 252 RITCH STREET, on the southern side of Ritch Street between Bryant and Brannan Streets; Lot 106 in Assessor's Block 3776, in an SLI (Service/Light Industrial) District, and a 50-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is for a rear yard variance for the alteration of an existing three-story building containing two dwelling units. The proposed alteration would add a garage to the ground floor and extend the ground floor horizontally 8.5 feet into the existing rear yard. The existing building does not provide off-street parking for the residents. The proposed garage would provide two independently accessible off-street parking spaces.

Planning Code Section 134 requires a minimum rear yard in an SLI District to be 25 percent of the total depth of the lot on which the building is situated. The required rear yard for the subject lot is 18.5 feet. The variance would allow for rear stairs to extend 3.5 feet into the required rear yard, resulting in a rear yard of 15 feet.

(BEN FU)

9. 2005.0862V: 181 SOUTH PARK AVENUE, north side, between Jack London Place and 3^rd Street; Lot 172 in Assessor's Block 3775, in a SPD (South Park) District with a 40-X Height and Bulk Designation.

OPEN SPACE VARIANCE SOUGHT: The project proposes to (1) convert a portion of the existing first floor office space to accommodate one new dwelling unit, and (2) convert the existing second floor office space to accommodate two new dwelling units. The existing three-story over garage, mixed-use building contains office spaces on the first and the second floors. The proposal provides no required open space and exposure on the building that has full-lot coverage. A previous Variance request was granted on January 25, 2006 for the partial conversion of the second floor to accommodate two new dwelling units without the required rear yard and open space. Because this proposal includes a unit at the first floor, it would require a new Variance.

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 320 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 and an existing roof deck of approximately 735 square feet, the courtyard and the roof deck do not meet the requirement of a minimum horizontal dimension of 20'-0 .

REAR YARD MODIFICATION VARIANCE SOUGHT: The proposed conversion does not provide the required rear yard depth. The existing building is full-lot coverage.

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.

B. REGULAR CALENDAR

(KATE CONNER)

10. 2006.0265V 676 SAN JOSE AVENUE, west side, between Valley and 29^th Streets; Lot 002 in Assessor's Block 6617 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to allow a second unit without providing the one required off-street parking space. The property currently has one on-site parking space.

Section 151 of the Planning Code requires one off-street parking space be provided for each proposed dwelling unit.

This variance has been revised from the original submittal request, which had parking in the rear yard, as referenced in the 311 notifications for Building Permit Number: 2006.02.16.4826. With this revision, there will be no parking in the rear yard.

(AARON STARR)

11. 2006.0048V: 630-632 FUNSTON AVENUE, east side between Balboa and Cabrillo Streets; Lot 011 in Assessor's Block 1632, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCE SOUGHT: The proposal is to legalize an already built 96 sq. ft. 1-story rear addition at the southern side property line. The addition extends approximately 6 feet into the required rear yard.

Section 134 of the Planning Code requires the subject property to have a rear yard equal to 45% of the total depth of the lot. However, because the lot contains two existing legal structures that are used as residences- one at the front of the lot and one at the back of the lot- the Code allows the rear yard to be reduced to no less that 25 percent of the total lot depth, or 15 feet, whichever is greater. The Code also requires that the rear yard be located between the two structures. The subject property is 120' deep; therefore the required minimum rear yard is 30 feet. The actual distance between the two structures is approximately 21'.

Section 188(a) of the Planning Code prohibits the expansion of a non-complying structure. The existing building is considered a legal non-complying structure because portions of the building already encroach into the required rear yard setback. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

(SHARON YOUNG)

12. 2006.0153V: 615 - 38^th AVENUE, west side between Anza and Balboa Streets, Lot 001C in Assessor's Block 1581 in an RH-2 (House, Two-Family) Zoning District and a 40 X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a horizontal addition and egress stairs at the second story level, that will extend into the required rear yard of an existing three-story, single-family dwelling.

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 has a lot depth of 96 feet. Using averaging, the required rear yard of the subject property is approximately 35 feet. Although a portion of the new horizontal addition and egress stairs could extend into the required rear yard as a permitted obstruction, as proposed, they extend closer than 5 feet to the north and south property lines, contrary to Section 136(c)(25)(B)(ii) of the Planning Code. In addition, the proposed egress stairs will extend approximately 1.5 feet into the required rear yard.

(JONAS IONIN)

13. 2005.0871V: 529-531 BUCHANAN STREET, northwest corner at Hickory Street, Lot 003, Assessor's Block 0829, located in an RH-3 (Residential, House, Three-Family) District and in a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to demolish portions of the existing rear noncomplying structure that partially occupy the required rear yard and replace it with a new structure that would entirely cover the required rear yard.

Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth in RH-2 Districts. Pursuant to Section 134(c) the rear yard may be reduced to a depth equal to the average of the two adjacent buildings, but no less than 25 percent or 15 feet, whichever is greater. The required rear yard is 18.5 feet. The subject property does not provide the required rear yard under the Planning Code. The existing rooms, shed and stairs already extend to within approximately six, three and zero feet respectively of the rear property line.

Planning Code Section 188 does not allow the alteration of an existing non-complying structure if the alteration further increases the degree of non-compliance. The proposal would increase the non-compliance.

(SARA VELLVE)

14. 2006.0412V: 2222 – 2228 FILBERT STREET and 229 – 231 PIXLEY STREET, north side (Filbert St.) between Fillmore and Steiner Streets; Lot 011 in Assessor's Block 0515 in an RH-2 (House, Two-Family) District and 40-X Height and Bulk District.

LOT AREA, REAR YARD, USABLE OPEN SPACE and PARKING VARIANCES SOUGHT: The subject 4,500 square foot through lot contains two structures, a three-story four-unit building fronting on Filbert Street, and a three-story two-unit building fronting on Pixley Street. The proposal is to split the existing lot into two separate lots with one structure on each lot.

Section 121 of the Planning Code requires a minimum lot area of 1,750 square feet. Although the proposed size for the lot fronting on Filbert Street would be Code-complying at approximately 2,800 square feet, the proposed size for the lot at fronting on Pixley Street would be approximately 1,650 square feet.

Section 134 of the Planning Code requires a minimum rear yard depth of 15 feet for the structure fronting on Pixley Street, measured from the proposed rear property line. The existing structure is approximately three feet from the proposed rear property line and would thus project into the required rear yard. The required minimum rear yard depth for the structure fronting on Filbert Street is approximately 19 feet from the rear property line. The existing structure extends to within 11 feet of the required rear yard, with the fire escape projecting within two feet of the proposed rear 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. The proposed lot fronting on Pixley Street provides approximately 182 square feet of 266 square feet required. The proposed lot facing Filbert Street provides approximately 200 square feet of the 532 square feet required.

Section 151 of the Planning Code requires one parking space for each dwelling unit. Currently, two spaces are provided in the building fronting on Pixley Street, and two are provided for the building fronting on Filbert Street. The proposed lot subdivision would not alter this noncomplying situation for the two units without parking in the building fronting on Filbert Street.

(MARY WOODS)

15. 2006.0216V: 2440 SCOTT STREET, east side between Pacific and Jackson Streets; Lot 012D in Assessor's Block 0585, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The lot is approximately 37 feet wide by 65 feet deep, containing approximately 2,400 square feet. The existing building is a two-story over garage, single-family residence, which extends to within approximately 16 feet of the rear property line.

REAR YARD SETBACK VARIANCE SOUGHT: The proposal is to construct a new three-story spiral staircase, approximately 5 feet wide by 10 feet deep by 29 feet tall, at the rear of the existing three story building.

Section 134 of the Planning Code requires the minimum rear yard depth to be 45 percent of the total depth of the lot or the average depth of the rear walls of adjacent buildings to a minimum of 25 percent of the lot depth or 15 feet, whichever is greater. Based on averaging, the required rear yard would be approximately 16 feet, which is also equivalent to 25 percent of the lot depth. The existing rear yard measures (from the rear lot line) approximately 16 feet to the rear façade of the building. The proposed spiral staircase would be located entirely within the required rear yard, and would be approximately 6 feet from the rear lot line.

(DANIEL SIROIS)

16. 2006.0371V: 71-73 MANSFIELD STREET,south side, between Burrows & Avalon, Lots 020, 021, Assessor's Block 5963, located in an RH-1 (Residential, Single-Family) District and in a 40-X Height and Bulk District.

PARKING VARIANCE SOUGHT: The proposal is to construct a new four-story single-family dwelling with two off-street parking spaces on a vacant lot at 71 Mansfield. The proposal involves a parking variance for the adjacent property at 73 Mansfield Street, because the proposed house would eliminate a driveway used to access the garage located at the rear of 73 Mansfield.

PLANNING CODE SECTION 151 requires one parking space per dwelling unit. Given that the proposed development at 71 Mansfield precludes access to the existing garage at the rear of 73 Mansfield, a parking variance is required for this project.

(ELIZABETH WATTY)

17. 2006.0395V: 2325 OCEAN AVENUE, south side, at the intersection of Santa Ana Way; Lot 017 in Assessor's Block 6903 in an NC-1 (Neighborhood Commercial, Cluster) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The request is to legalize the construction of a lower level in-fill addition and deck, located within the required rear yard. The infill addition enclosed the void under the legal nonconforming ground floor projection, which extends into the required rear yard. A Planning Code interpretation in 1990 determined that such a space could be enclosed without a variance when located within the required rear yard, up to a 10-foot height limit, noting that a fence could be erected up to that height in the required rear yard. This in-fill addition, however, is approximately 15-feet high and exceeds the 10-foot height limit and thus requires a variance. This property is in an NC-1 District.

Section 134 of the Planning Code requires a minimum rear yard of approximately 25-feet. The in-fill addition and deck extend to 5-feet, 6-inches from the rear property line, encroaching approximately 19 feet, 5-inches into the required rear yard.

(MICHAEL SMITH)

18. 2006.0394V: 3987 20^th STREET, south side between Sanchez and Church Streets; Lot 055A in Assessor's Block 3605 in a RH 1 (Residential, House, One Family) District, the Dolores Heights Special Use District, and a 40 X Height and Bulk District.

REAR YARD VARIANCE: The proposal is to construct a horizontal addition with a roof deck at the rear of the building. The addition would add approximately 6' to the depth of the building at the ground floor but would not extend deeper than the existing deck.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 38'-6 measured from the rear property line. The proposed addition would extend to within approximately 32' of the rear property line encroaching 6'-6 into the required rear yard.

Section 188 of the Planning Code prohibits the intensification or expansion of a noncomplying structure. Because the rear deck already encroaches 6'-6 into the required rear yard, the one-story infill beneath the deck would be contrary to Section 188.

(DAN DIBARTOLO)

19. 2006.0096V: 3 MEACHAM PLACE, east side of alleyway, extending south from Post Street, between Hyde and Larkin Streets; Lot 028 in Assessor's Block 0302 in an RC-4 (Residential-Commercial Combined, High-Density) District and located within the North of Market Special Use District No. 1 and an 80-T Height and Bulk District.

REAR YARD VARIANCE SOUGHT. The subject property is a two-story mixed-use structure containing one ground level commercial unit and one dwelling unit above. The proposed project is to horizontally extend the residential second floor level of the building approximately 16 feet into the required rear yard area to the rear property line. A new deck with an approximately 85 square foot access room would be constructed atop this extension at the new 3rd floor level

Section 134 (a) of the Planning Code requires a minimum rear yard depth of 25% at the lowest story containing a dwelling unit and in no case less than 15 feet for the subject property, measured from the rear property line. The subject property has a rear yard requirement of approximately 15 feet. The existing rear yard depth at the lowest floor level containing a dwelling unit is 16 feet. Thus, extension of this floor level to the rear property line requires a variance from applicable rear yard code provisions

(MAX PUTRA)

20. 2005.0954V: 395 PARK STREET, north side between Andover Street and Holly Park Circle, Lot 007A in assessor's Block 5717 in an RH-2 (House, Two-Family) Zoning District in an 40-X Height and Bulk District and in the Bernal Heights Special Use District.

REAR YARD AND OFF-STREET PARKING VARIANCES SOUGHT: The proposal is to construct a two-story horizontal addition of 13 feet in width by 26 feet in length to the east side of the existing two-story, single-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 22 feet and 6 inches measured from the rear property line. The proposal would be located 18 feet from the rear property line.

Section 188 of the Planning Code prohibits the expansion of a non-complying structure. Because the existing structure at the rear already encroaches 4 feet and 6 inches into the required rear yard, it is considered a legal non-complying structure.

Section 242(e)(4) of the Planning Code requires two off-street parking spaces if one or more alterations add over 200 square feet of usable floor are and the total usable floor area of the building is over 1,301 square feet but less than 2,250 square feet. The proposed building would add approximately 777 square feet of usable floor area for a total usable floor area of 1,880 square feet. The subject property has one existing off-street parking space and the required one additional off-street parking space would not be provided.

(MAT SNYDER)

21. 2005.1212V 2125 19^TH STREET, Lot 030 in Assessor's Block 4074, south side between Vermont Street and Kansas Street, in an RH-2 (House, Two-family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a one-story addition to an existing one-story-over-garage house for the full footprint of the house.

Planning Code Section 134(c) requires a 15-foot rear measured from the rear property-line. The proposed new addition would extend to the rear property-line.

Planning Code Section 188(a) prohibits buildings that are non-complying for any standard to become more non-complying for the same standard. The existing first story had been non-complying for its rear yard but was granted a rear yard variance for this non-compliance as part of the proposed lot split under variance Case No. 2000.934V. By building an additional story within the required rear yard, the structure would become more non-complying.

Variance Case No. 2000.934V specifically prohibited any additional building envelope space within the newly created lot without seeking and justifying a new variance.

(JON PURVIS)

22. 2006.0264V: 8 PORTER STREET, west side between Crescent Avenue and Benton Avenue; Lot 003 in Assessor's Block 5807; in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

REAR YARD VARIANCE SOUGHT: The proposal is legalize an existing 80-foot rear dormer; and, to legalize existing rear decks at the second floor and the main floor, which project 4 feet and 6 feet respectively, beyond the existing rear building wall.

Section 242(e)(2) of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot, but never less than 15 feet. For the subject property, the required rear yard is 28 feet, while the actual rear yard (beyond the existing rear building wall) is only 24 feet.

(This item was continued from the April 26, 2005 Variance Hearing to give project sponsor adequate time to prepare.)

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