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, June 28, 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.

(AARON STARR)

1. 2006.0509V: 3636 WEBSTER STREET, east side, between Beach and North Point Streets; Lot 045 in Assessor's Block 0445A, 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 an approximately 10.5' deep by 13.5' wide 1-story addition at the north side property line at the rear of the building. A roof deck is proposed above the addition, and an approximately 1.5' deep by 4' wide balcony is proposed at the southern side of the second floor.

Section 134(c) of the Planning Code requires the subject property, which is 100' deep, to have a minimum rear yard depth of 25'. The proposed addition will extend approximately 7.5' into the required rear yard and the proposed balcony will extend approximately .5' into the required rear yard.

(DANIEL SIROIS)

2. 2006.0336V: 70 DOUGLASS STREET,west side, between 17^th Street and Ord Court. Lot 007A, Assessor's Block 2625, located in an RH-2 (Residential, House, Two Family) District and in a 40-X Height and Bulk District.

LOT SIZE VARIANCE SOUGHT: The proposal is to demolish the existing single-family dwelling, subdivide the through lot and build a new single-family dwelling on each lot.

Planning Code Section 121 requires a minimum lot size of 2,500 square feet in RH-2 Districts. The existing lot is 3,691 square-feet. The proposed subdivision would create an approximately 1,716 square-foot lot with frontage on Douglass Street and an approximately 1,975 square-foot lot with frontage on Ord Street. A variance is required for this subdivision because both lots would be smaller than 2,500 square feet.

(MICHAEL LI)

3. 2006.0362V: 368 LOMBARD STREET, north side between Grant Avenue and Kearny Street; Lot 007 in Assessor's Block 0061 within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

MINIMUM LOT WIDTH, MINIMUM LOT AREA, REAR YARD, AND USABLE OPEN SPACE VARIANCES SOUGHT: The proposed project is the subdivision of an L-shaped lot into two smaller lots. One lot would front on Lombard Street, and the other lot would front on Julius Street. The subject lot is occupied by three separate buildings containing a total of five dwelling units. Following the proposed subdivision, the Lombard Street lot will contain two buildings with a total of three units, and the Julius Street lot will contain one building with a total of two units. This application is a minor modification of a previously approved variance application (Case No. 1992.416V) to subdivide the subject lot. The previous proposal was not followed through to completion.

Section 121(d)(2) of the Planning Code requires a minimum lot width of 25 feet. The proposed subdivision will create two lots, and the Julius Street lot will only be 20 feet wide.

Section 121(e) of the Planning Code requires a minimum lot area of 2,500 square feet. The Lombard Street lot will be approximately 2,210 square feet, and the Julius Street lot will be approximately 1,040 square feet.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 19' 5 for the Lombard Street lot and approximately 15 feet for the Julius Street lot, measured from the rear property lines. There are three existing buildings on the subject lot. The proposed subdivision would result in two new lots, each of which would have a building that occupies the required rear yard.

Section 135 of the Planning Code requires 300 square feet of private usable open space or 399 square feet of common usable open space for the three dwelling units on the proposed Lombard Street lot and 200 square feet of private usable open space or 266 square feet of common usable open space for the two dwelling units on the proposed Julius Street lot. All usable open space must meet certain minimum dimensions. The subject lot currently does not provide usable open space that meets the minimum dimensions. This deficiency would not change following the proposed subdivision.

(EDGAR OROPEZA)

4. 2006.0568V: 150 SANTA MARINA STREET, Lot 050 in Assessor's Block 5710, an interior lot on the south side of Santa Marina between Elsie and Gladys 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 VARIANCES SOUGHT: The project proposes a vertical addition to the existing single-family house set four feet back from the existing front building wall and to legalize the existing single story rear addition.

Planning Code Section 242(e)(2)(B) requires a minimum rear yard depth to be equal to 45 percent of the total depth of the lot. The rear yard requirement for the subject property is 45 feet. The existing building already extends approximately 10 feet into the required rear yard leaving a rear yard of approximately 35 feet because of the rear addition. The project proposes to legalize the existing single story addition leaving a rear yard of approximately 35 feet. The existing rear addition is a sitting room of 12 feet by 10.5 feet.

Planning Code Section 242(e)(4)(B)ii requires three independently accessible parking spaces when one or more alterations add over 200 square feet of usable floor area and the total usable floor area is between 2,251 and 2,850 square feet. The proposed vertical addition to the existing residence measuring 25 feet by 32 feet results in a parking requirement of three-spaces. The project does not propose new off-street parking for the residence. Currently the garage provides parking for 2 parking spaces in tandem.

(EDGAR OROPEZA)

5. 2006.0573V: 3306 FOLSOM STREET, Lot 002 in Assessor's Block 5544, an interior lot on the west side of Folsom Street between Stoneman and Ripley 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 a rear horizontal addition to the existing single-family house.

Planning Code Section 242(e)(2)(B) requires a minimum rear yard depth to be equal to 45 percent of the total depth of the lot. The rear yard requirement for the subject property is 36 feet. The existing building already extends approximately 8.5 feet into the required rear yard leaving a rear yard of approximately 27.5 feet. The project proposes an 8-foot deep rear horizontal addition totaling 100 square feet leaving a rear yard of approximately 24 feet.

(ERIKA JACKSON)

6. 2006.0411V: 5 WINFIELD STREET, southeast side, between Coso and Esmeralda Avenues; Lot 057 in Assessor's Block 5612; in an RH-1 (Residential, House, Single-Family) District, a 40-X Height and Bulk District, and in the Bernal Heights Special Use District.

MASS REDUCTION VARIANCE SOUGHT: The proposal is to add 268 square feet to the first floor, and 300 square feet to the second floor increasing the total square footage of the single-family residence from 654 to 1,222. The addition will include 1 bedroom and storage area on the first floor, and 1 bathroom, living room, and a home office on the second floor. The existing front porch will be demolished and replaced by a renovated front facade for the residence.

Planning Code Section 242(e)(3) requires a 650 square foot reduction from the maximum permissible building height and lot coverage on lots less than 100 feet in depth. The subject property is providing a mass reduction of 432 square feet. Due to the steep slope of the lot, the 70-foot lot depth, the 38-foot from curb height limit, and the legal non-conforming rear building extension into the required rear yard setback, the full mass reduction requirement is not permitted.

(ERIKA JACKSON)

7. 2006.0323V: 1616 – 20^TH STREET, north side, between Arkansas and Connecticut; Lot 009A in Assessor's Block 4068; in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to expand and seismically upgrade the Potrero Branch Library consisting of a horizontal addition at the second floor to match the existing first floor footprint.

Planning Code Section 134(a)(2) establishes a rear yard requirement of 45 percent of lot depth in the RH-2 District. Section 134(c) allows a reduction in this rear yard based on conditions on adjacent lots, but only to a minimum of 25 percent or 15 feet, whichever is greater. The required rear yard is 18'-9 . The existing rear yard is 6 feet. The proposal seeks to extend the second floor to match the depth of the existing first floor. The line establishing the existing rear yard will not be changed.

(BEN FU)

8. 2005.0567V: 22-24 ISIS STREET, west side between 12^th and 13^th Streets; Lot 047 in Assessor's Block 3522, in a SLR (Service/Light Industrial/Residential Mixed Used) District with a 50-X Height and Bulk Designation.

REAR YARD MODIFICATION SOUGHT: The project proposes to construct new rear decks on the second and third levels that encroach into the required rear yard.

Planning Code Section 134(a)(1) requires all lots in a SLR 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 each succeeding level of the building. The required rear yard for the subject property is 18'-9 . The existing rear yard is approximately 22'-0 . The proposed 7'-0 deep rear decks at the second and third levels encroach approximately 4'-0 into the required rear yard, leaving a rear yard of approximately 15'-0 . The decks would a be maximum height of approximately 17'-0 above grade.

Planning Code Section 134(a)(e) allows modification of the rear yard requirement in the South of Market Districts.

(SCOTT SANCHEZ)

9. 2006.0452V: 1105 DE HARO STREET, east side between 22^nd and 23^rd Streets; Lot 046 in Assessor's Block 4160 in an RH-2 (House, Two-Family) District and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal seeks to replace in-kind (with no increase in size or location) the existing balconies at the front of the subject building on the second and third levels.

Section 132(a) of the Planning Code requires a front setback equal to the average of the two adjacent front setbacks. The required front setback for the subject property is approximately 8 feet 6 inches. The existing balconies extend into the required front setback; therefore their replacement requires a variance from the front setback requirement of the Planning code.

(SCOTT SANCHEZ)

10. 2006.0466V: 102 ANDERSON STREET, west side between Powhattan and Eugenia Avenues; Lot 002 in Assessor's Block 5648 in an RH-1 (House, One-Family) District and a 40-X Height and Bulk District within the Bernal Heights Special Use District.

FRONT SETBACK VARIANCE SOUGHT: The proposal seeks to add a bay window to the front of the subject building that would be approximately 11 feet wide and would extend to grade at the front property line.

Section 132(a) of the Planning Code requires a front setback equal to the average of the two adjacent front setbacks. The required front setback for the subject property is approximately 4 feet. By extending to the front property line, the proposed bay window would encroach into the required front setback leaving no front setback.

B. REGULAR CALENDAR

(MARY WOODS)

11. 2006.0318V: 259 – 4^TH AVENUE, west side between Clement and Cornwall Streets; Lot 012 in Assessor's Block 1429, in an RM-1 (Residential, Mixed, Low-Density) District and a 40-X Height and Bulk District. The lot is approximately 25 feet wide by 120 feet deep, containing approximately 3,000 square feet. The existing two-story building contains a dwelling unit on each level.

FRONT SETBACK, REAR YARD, SCREENING OF PARKING AREAS AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to legalize work done with building permits but without the required Planning Code Variances including (1) construction of an unscreened parking pad at the front of the building; (2) replacement of the exterior front staircase to unit 2 on the second floor; (3) reconfiguration of the exterior rear staircase to the second floor; and (4) the enclosure of space under the second floor sunroom and a portion of the deck at the rear of the building.

Section 132 of the Planning Code requires that the front setback be equal to the average of the two adjacent front setbacks or 15 feet, whichever is less. In this case, the required front setback would be 12.5 feet based on the average of the two adjacent front setbacks. The existing front setback is approximately 19 feet. The parking pad would be entirely within the front setback while the front staircase would encroach approximately eight feet into the required front setback.

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 the two 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 47 feet. The existing rear yard measures (from the rear lot line) approximately 38 feet to the rear façade of the building. The original rear staircase and the second floor sunroom (except for two feet of the 11 feet total) are located entirely within the required rear yard, extending to within approximately 27 feet and 38 feet of the rear property line respectively. Although the reconfigured rear staircase would still be in the required rear yard, it provides an approximately 35-foot setback (as compared to the previous 27 feet) from the rear lot line while the enclosure below the sunroom maintains the 38-foot setback and the enclosure below the deck is 35 feet from the rear lot line.

Section 142 of the Planning Code requires that every off-street parking space be screened from view from all streets. The existing parking pad is not screened although it is located behind a wrought iron gate which is 75 percent open to perpendicular view.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building already encroaches into the required rear yard setback, it is considered a legal, non-complying structure. The reconfigured rear staircase and the enclosures below the sunroom and the deck are considered to be an expansion and intensification of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(ELAINE TOPE)

12. 2006.0379V: 2815 PINE STREET, south side between Broderick and Baker Streets, Lot 034 in Assessor's Block 1048 in an RH-2 (Residential, House District, Two-Family) District and a 40-X Height and Bulk District.

PARKING VARIANCE SOUGHT: The proposal is to legalize a dwelling unit constructed without the benefit of a building permit without providing an independently accessible off-street parking space. The unit is approximately 460 square feet and located on the ground floor of the existing two-story-over-one-car-garage, the authorized use of which is a single-family dwelling. No construction outside of the existing building envelope is proposed.

Section 151 of the Planning Code requires one independently accessible off-street parking space for each dwelling unit. The proposal does not include a parking space.

(AARON STARR)

13. 2006.0443V: 265 LAUSSAT STREET, south side, between Fillmore and Steiner Streets; Lot 064 in Assessor's Block 0860, in an RH- 3 (Residential House 3- Family) District with a 40-X Height and Bulk Designation.

PARKING VARIANCE SOUGHT: The proposal is to add a second unit at the ground floor of the single-family house by eliminating the connection between the ground and first floors, and adding a kitchen to the ground floor space. A parking space for the second unit is not proposed.

Section 151 of the Planning Code requires each unit to have 1 independently accessible parking space. Currently, the subject building has no parking spaces and none are proposed under this proposal. In addition, the Decision Letter for a 1988 Variance Case, # 1988.364EV, states that there shall be no increase in density or further vertical or horizontal expansion of the existing dwelling unless such additions are specifically authorized by the Zoning Administrator after the property owner has sought and justified a new variance request. The proposal is to increase the density of the subject building from 1 to 2 units, which requires approval by the Zoning Administrator based on the 1988 Variance Decision Letter.

(SARA VELLVE)

14. 2006.0579V: 2231 PINE STREET AND 14 WILMOT STREET, south side between Fillmore and Webster Streets; Lot 031 in Assessor's Block 0660 in an RH-2 (House, Two-Family) District and a 40-X Height and Bulk District.

Lot size, rear yard,AND PARKING VARIANCES SOUGHT: The subject 3,187 square foot through lot contains two structures, a two-story single-family building fronting on Pine Street, and a three-story single-family building fronting on Wilmot 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 2,500 square feet for each proposed lot. The proposed size of the lot fronting on Pine Street would be approximately 2,000 square feet, and the proposed size for the lot fronting on Wilmot Street would be approximately 1,200 square feet.

Section 134 of the Planning Code requires a minimum rear yard depth of 20 feet for the structure fronting on Pine Street, measured from the proposed rear property line. The existing structure is within approximately ten feet of 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 Wilmot Street is 15 feet from the rear property line. The existing structure does not extend into the minimum rear yard depth of 15 feet.

Section 151 of the Planning Code requires one off-street parking space for each dwelling unit. Currently, parking for the structure facing Wilmot Street is provided at the ground floor of that building. Parking for the structure facing Pine Street is also provided in the structure facing Wilmot Street. The proposed lot subdivision would cause the parking for the structure facing Pine Street to not be provided on the same contiguous lot and a variance is therefore required.

(SARA VELLVE)

15. 2006.0215V: 461 ASHBURY STREET, northwest corner of the intersection of Ashbury and Page Streets; Lot 007 in Assessor's Block 1224 in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

rear yardVARIANCE SOUGHT: The proposal is to construct a two-car garage fronting on Page Street and a rear egress stair in the required rear yard of the subject property. The egress stair would be approximately three stories high and set back from the north property line by three feet; a solid fire wall would not be required. The one-story garage would be set back approximately six feet from the north property line, and approximately three feet from the west property line. A deck is proposed on the garage roof.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 26 feet, measured from the rear property line. The proposed egress stair would extend to within approximately 16 feet of the rear property line, and the proposed garage would extend within approximately three feet of the rear property line.

(SHAUNN MENDRIN)

16. 2005.0477V: 1 HILL POINT AVENUE, north side between Hillway Avenue and Willard Street, Lot 045 in Assessor's Block 1275 in an RH-2 (Residential, House, Two-Family) District and a 40 X Height and Bulk District. The subject lot is a through lot with frontages on both Carl Street and Hill Point Avenue.

MINIMUM LOT AREA AND REAR YARD VARIANCES SOUGHT: The subject property is currently developed with a single building on a steeply sloped through lot, 96 feet deep by approximately 38 feet wide. An existing one-unit, four-story tall building is on the southern (Hill Point Avenue) portion of the lot and is approximately 32 feet deep. The proposal is to split the existing lot into two, allowing for the future construction of a two unit building on the new lot (Carl Street frontage). The proposed lot split will require variances for the minimum lot area and required rear yard for both resulting lots. No construction is proposed at this time.

Section 121(e) of the Planning Code requires that the minimum lot area for a lot shall be 2,500 square feet. The subject lot is 3,872 square feet in area. The proposal will produce one lot, fronting Hill Point Avenue, of approximately 1,688 square feet in area and one lot, fronting Carl Street, of approximately 2,048 square feet in area.

Section 134 (a)(2) of the Planning Code requires that the rear yard in an RH-2 District be equal to 45% of the total depth of the lot on which the building is situated, or the average of the two adjacent rear yards but in no case less than 25% of the lot depth or 15 feet whichever is greater. The required rear yard for both proposed lots will be approximately 15 feet. The proposed rear yards will be approximately 7½ feet for the Hill Point lot and approximately 10 feet for the Carl Street lot.

(SHAUNN MENDRIN)

17. 2005.0863V: 2 HILL POINT AVENUE, north side between Hillway Avenue and Willard Street, Lot 046 in Assessor's Block 1275 in an RH-2 (Residential, House, Two-Family) District and a 40 X Height and Bulk District. The subject lot is a through lot with frontages on both Carl Street and Hill Point Avenue.

MINIMUM LOT AREA AND REAR YARD VARIANCES SOUGHT: The subject property is currently developed with a single building on a steeply sloped through lot, 93 feet deep by approximately 35 feet wide. An existing one-unit, four-story tall building is on the southern (Hill Point Avenue) portion of the lot and is approximately 32 feet deep. The proposal is to split the existing lot into two, allowing for the future construction of a two unit building on the new lot (Carl Street frontage). The proposed lot split will require variances for the minimum lot area and required rear yard for both resulting lots. No construction is proposed at this time.

Section 121(e) of the Planning Code requires that the minimum lot area for a lot shall be 2,500 square feet. The subject lot is approximately 3,300 square feet in area. The proposal will produce one lot, fronting Hill Point Avenue, of approximately 1,500 square feet in area and one lot, fronting Carl Street, of approximately 1,700 square feet in area.

Section 134 (a)(2) of the Planning Code requires that the rear yard in an RH-2 District be equal to 45% of the total depth of the lot on which the building is situated, or the average of the two adjacent rear yards but in no case less than 25% of the lot depth or 15 feet whichever is greater. The required rear yard for both proposed lots will be approximately 15 feet. The proposed rear yards will be approximately 7½ feet for Hill Point lot and approximately 10 feet for the Carl Street lot.

(SHAUNN MENDRIN)

18. 2006.0442V: 38 PARKER AVENUE, east side, between Euclid and California Streets; Lot 057 in Assessor's Block 1036, 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 construct a new third floor deck approximately 4-feet deep and 8-feet wide at the rear of the existing house.

Section 134(a) of the Planning Code requires a minimum of 31-foot deep rear yard. The addition will be located within the required rear yard, leaving approximately 22-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 31-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.

(SHAUNN MENDRIN)

19. 2006.0320V: 2634 BUSH STREET, north side, between Broderick and Divisadero Streets; Lot 036 in Assessor's Block 1049, 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 one-story horizontal addition approximately 8-feet deep and 14-feet wide at the rear of the existing house. The addition will accommodate a new roof deck located above the proposed addition and stairs leading from the roof deck to the rear yard.

Section 134(a) of the Planning Code requires a minimum of 34-foot deep rear yard. The addition will be located within the required rear yard, leaving approximately 22-feet for the rear yard.

(BEN FU)

20. 2006.0589V: 515 TEXAS STREET, east side, between 20^th and 22^nd Streets; Lot 063 in Assessor's Block 4102, in a RH-2 (Residential, House – Two-Family) District with a 40-X Height and Bulk Designation.

VARIANCE SOUGHT (Rear Yard): The project proposes to legalize the existing rear second floor deck constructed without permit that encroaches into the required rear yard.

Planning Code Section 134(a)(2) requires 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 required rear yard for the subject property is 45'-0 . The existing rear building wall extends approximately 8'-0 into the required rear yard, leaving a rear yard of approximately 37'-0 . The project proposes to legalize the existing rear second floor deck constructed without permit, which further encroaches into the required rear yard by an additional 7'-0 , leaving a rear yard of approximately 30'-0 . The proposed deck is approximately 9'-0 above grade.

(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 yard 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.

(MAT SNYDER)

22. 2005.0986V: 339 SHOTWELL STREET, Lot 069 in Assessor's Block 3574, east side between 17^th and 18^th Streets, 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 a rear structure that occupies the rear most 29-feet of the property, and to construct a new three story structure as an addition to an existing dwelling unit; the new building would occupy the rear most 27-feet of the property. The proposed new building would encroach into the required rear yard requiring a variance.

Section 134(c) (1) of the Planning Code requires a 27-foot rear yard for the subject property measured from the rear lot line. The proposed new building's footprint would occupy 27-feet of the required rear yard's depth and 20-feet of the required rear yard's width (inclusive of rear firewall and unenclosed stair). In place of providing a rear yard pursuant to the requirements of the Planning Code, a yard would be provided in the middle portion of the property and would measure approximately 27-feet deep by 25-feet wide. The mid lot yard would be located between the existing building and the proposed new building and would be located 68-feet from the front property line and 27-feet from the rear property line.

(MAX PUTRA)

23. 2005.0322V: 298 HAHN STREET, northwest corner of Hahn Street and Sunrise Way, Lot 05 in Assessor's Block 6312 in an RH-1 (Residential, Single-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to legalize an existing garage structure of 12 feet by 25 feet, and a canopy of 3 feet by 25 feet at the rear of the existing two-story, single-family house.

Section 134 of the Planning Code requires a minimum rear yard depth of 25 percent of 21 feet and 6 inches measured from the rear property line. The requested garage structure and the canopy would be located within 19 feet and 6 inches, and 16 feet and 6 inches respectively of the rear property line.

The requested garage structure and the canopy would be contrary to Section 134.

CONTINUED CASE

(AARON STARR)

24. 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.

NOTE: On May 24, 2006, at the request of project sponsor, the Zoning Administrator continued this case to the June 28, 2006 hearing. No public testimony was taken. This case has now been continued until July 26, 2006.

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