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, July 26, 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.

(SHAUNN MENDRIN)

1. 2005.1098V: 1160 FULTON STREET, north side, between Scott and Pierce Streets; Lot 010 in Assessor's Block 0777, in an RH-3 (Residential, House, Three-Family) District with a 40-X Height and Bulk Designation. The subject property is located within the Alamo Square Historic District and will thus require a Certificate of Appropriateness (Case 2005.1098A).

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to remove the existing three-story staircase located on the north end (rear) of the single-family house and to construct a new balcony, deck and stairs in its place. The proposed deck and stairs would be located adjacent to the first floor (approximately 9 feet deep and 17 feet wide). The proposed balcony would be adjacent to the second floor (approximately 3 feet deep by 12 feet wide). The proposed balcony, rear deck and stairs would be located within the required rear yard. A carriage house occupies the rearmost portion of the lot, with a courtyard separating it from the house.

Section 134(c)(4)(C) of the Planning Code requires an approximately 34-foot deep rear yard, to be located between the two existing structures. The proposed second floor balcony and first floor rear deck and stairs would be located within the required rear yard.

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. The existing house already encroaches into the required rear yard and is considered a legal noncomplying structure. Its proposed expansion would be contrary to Section 188 of the Planning Code.

(SHARON YOUNG)

2. 2006.0721V: 1961 GREEN STREET, south side between Laguna and Buchanan Streets, Lot 024 in Assessor's Block 0555 in an RH-2 (House, Two-Family) Zoning District and a 40 X Height and Bulk District.

REAR YARD AND NONCOMPLYING VARIANCES SOUGHT: The proposal is to construct a one-story horizontal addition (located on the southeast corner of the building) that will extend into the required rear yard of an existing three-story, single-family dwelling. The proposed horizontal addition, with approximately 28 square feet in floor area, will abut the east property line.

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 137.5 feet. Using averaging, the required rear yard of the subject property is approximately 58.5 feet. The proposed horizontal addition will extend approximately 5 feet into the required rear yard.

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

(SARA VELLVE)

3. 2006.0508V: 1026 CLAYTON STREET, east side between Frederick and Ashbury Streets; Lot 043 in Assessor's Block 1269 in an RH-2 (House, Two-Family) District and a 40-X Height and Bulk District.

rear yardAND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct an exterior stairway from the second floor of the garage to the garage roof, and a firewall on the north side of the garage roof. The new stairs would be approximately 11 feet high with one landing. There is an existing set of stairs leading from grade to the second floor of the garage, and the overall height of the existing and proposed stairs would be approximately 22 feet from grade to the garage roof. The overall

height of the firewall is approximately 3 feet 6 inches. The subject lot is a through lot containing a two-unit building fronting on Clayton Street and a garage fronting on Ashbury Street. Decks and stairs are located between the two buildings to provide access between the buildings on a sloping lot.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 25 feet, measured from the rear property line. The proposed egress stair would extend to within approximately 20 feet of the rear property line, and the proposed firewall would extend to the rear property line.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. As the existing garage and stair are already built within the required rear yard it is considered a legal noncomplying structure. Therefore, the expansion is contrary to Section 188.

(RICK CRAWFORD)

4. 2006.0698V: 1117 SANCHEZ STREET, east side between 24^th and Jersey Streets, Assessor's Block 6509 Lot 020A; in a 24^th Street and Noe Neighborhood Commercial District, and within the 40-X Height and Bulk District.

REAR YARD AND EXPANSION OF NONCOMPLYING STRUCTURE VARIANCE SOUGHT: The proposal is to construct a third floor to the existing two-story, single-family dwelling. The existing building covers the entire 25-foot deep lot.

Planning Code Section 134 requires a rear yard of 15 feet, where none is proposed.

Planning Code Section 188 prohibits the expansion of a noncomplying structure that increases the structures degree of noncompliance.

(TOM WANG)

5. 2006.0334V: 53 SURREY STREET, southwest side between Castro and Diamond Streets; Lot 009 in Assessor's Block 6741 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to add a new floor, containing a garage, a bedroom and a bathroom, to the existing one-story over basement, single-family dwelling. The existing building, beginning at the street level, would be lifted up then the proposed floor would be constructed underneath it, resulting in a two-story over basement, single-family dwelling. The proposal would also include infill of existing rear building notches, which does not require variance.

Section 132(a) of the Planning Code requires a front setback of 6 feet 3 inches, measured from the front property line, for the subject lot. The proposed new floor would be within 4 feet 3 inches of the front property line, encroaching 2 feet into the required front setback.

Section 188 of the Planning Code prohibits the enlargements or alterations to a noncomplying structure. Since the existing subject building already encroaches into the required front setback, it is considered a legal noncomplying structure. The addition of the proposed floor to the current building would result in the alteration of a noncomplying structure.

(CECILIA JAROSLAWSKY)

6. 2006.0678V: 1286 CHURCH STREET, west side, between Jersey and 25^th Streets; Lot 006 in Assessor's Block 6536 in an RM-1 (Residential Mixed, Low Density) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to demolish an existing rear deck and stairs and construct a 17-foot by 7-foot, deck at the second level at the rear of an existing single-family dwelling and a 4-foot by 15-foot stairs beneath the proposed deck. The total height of the deck would be approximately 21 feet.

Section 134 of the Planning Code requires a minimum rear yard of 33.75 feet. The existing structure already encroaches 18.75 feet into the required rear yard, 15 feet from the rear property line. The proposed deck would be eight feet from the rear property line.

Section 188 of the Planning Code does not permit expansion or modification to a noncomplying structure. The subject building is considered a legal noncomplying structure because the existing structure encroaches into the required rear yard. Therefore, the addition of the non-complying deck and stairs would be contrary to Section 188 and would require a Variance.

(KELLEY AMDUR)

7. 2003.1234V: 1461-65 PINE STREET, south side between Polk and Larkin Streets; Lots 012 and 013 in Assessor's Block 0668 in the Polk Neighborhood Commercial District and a 65-A Height and Bulk District.

REAR YARD AND DWELLING UNIT EXPOSURE VARIANCES SOUGHT: The proposal is to demolish two existing, one-story commercial buildings with a total of approximately 9,000 square feet of space and construct a 5-story, approximately 51-foot tall building with 35 dwelling units, ground floor retail space on Pine Street and parking for 35 cars. The subject property runs through to Frank Norris (a.k.a.Austin) Street. Parking would be provided in the basement and at street level. Access to the parking areas would be from Frank Norris Street.

Section 134 of the Planning Code requires a rear yard of 25% of the lot depth of the subject property. Section 134(e) states that the rear yard requirements in NC Districts may be modified or waived in specific situations. The subject site runs from Pine Street through to Frank Norris Street, and there is no pattern of mid-block open space in the subject block. Therefore, instead of providing the traditional 25% rear yard setback, the proposal would provide a comparable amount of usable open space elsewhere on the property, including approximately 900 square feet in an interior lightcourt.

Section 140 of the Planning Code requires at least one room in each dwelling unit to face directly on a public street, alley, side yard or Code-complying rear yard, or an open area approximately 25 feet wide and 25 feet deep for the floor at which the dwelling unit in question is located and the floor immediately above it, with an increase of five feet in every horizontal dimension at each subsequent floor. Twelve of the 35 proposed dwelling units would have windows facing an interior lightcourt measuring approximately 25 feet wide and 32.5 feet long. Six of these dwelling units, the ones located on the 2^nd and 3^rd floors, would not meet the Section 140 requirements.

(MAX PUTRA)

8. 2006.0755V: 834 JONES STREET, north side between Bush and Sutter Streets; Lot 10 in Assessor's Block 282. The subject property is in an RC-4 (Residential/Commercial Mixed, High Density) District, and a 65-A Height and Bulk District.

REAR YARD AND USABLE OPEN SPACE VARIANCES: The proposal is to convert the existing 3-story-over-basement building from commercial salon use back to 3 residential flats that once occupied the building. A three-car garage will also be added at the basement level with a garage door entry added at the front façade. No physical expansion will be constructed as part of this project, with the possible exception of any building or fire code-required stair penthouse to access the rooftop. No rooftop deck is proposed.

Planning Code Section 134 requires a rear yard equaling 25% of the lot depth at all occupiable residential floor levels. The subject lot is 60 feet deep, resulting in a required rear yard of 15 feet. The existing building envelope occupies the entire lot except for the last 5-foot deep by 14-foot wide partial recess in the building wall; therefore a rear yard variance of 15 feet is requested.

Planning Code Section 135 requires 36 square feet of private open space for each dwelling unit, or 48 square feet of common open space for each dwelling unit. A small terrace would be provided for the first level residential flat, but would not meet the minimum dimensional requirements, or the sunlight angle requirements. There is not sufficient space on the property to provide the required 144 square feet of common usable open space, except for possibly a roof deck, which would require a sizable stair penthouse addition. The proposed project would be contrary to sections 134 and 135.

(APRIL HESIK)

9. 2006.0644V: 1 TUSCANY AVE, south side of Lombard Street between Stockton and Powell Streets, Lot 32 in Assessor's Block 76, within an RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a rear deck at the third-floor level of the existing building. The deck would extend approximately 12' from the rear of the building, with a width of 10' and a height of approximately 17'-6 . The deck would be reached by a spiral staircase originating from the existing second-floor level deck.

Section 134 of the Planning Code requires a minimum rear yard depth of 15'-0 for the subject property, measured from the rear property line. The proposed deck would extend to within 1' of the rear property line, encroaching 14' into the required rear yard.

(ERIKA JACKSON)

10. 2006.0733V: 15 WINFIELD STREET, southeast side, between Coso and Esmeralda Avenues; Lot 055 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.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a 118 square foot two-story addition to the rear corner of an existing single-family residence. The new addition would fill in a 4-foot wide notch at the rear of the existing structure and would be located 17 feet (24 percent) from the rear property line.

Planning Code Section 242(e)(2) requires a 35 percent rear yard for lots with a depth of 70 feet or less in an RH-1 District. The existing rear wall is constructed 17 feet (24 percent) from the rear property line.

B. REGULAR CALENDAR

(MARY WOODS)

11. 2006.0511V: 2870 - 2878 WASHINGTON STREET (A.K.A. 2300 - 2304 DIVISADERO STREET), northeast corner of Washington and Divisadero Streets; Lot 018 in Assessor's Block 0979, in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. The subject corner lot is approximately 56 feet wide (fronting on Divisadero Street) with a depth of approximately 110 feet. The existing four-story, eight-unit apartment building occupies almost the entire lot with portions of the building extending to within one foot of the rear property line.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a 16-car underground garage, occupying almost the full footprint of the lot.

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. Although an interpretation of Planning Code Section 136 related to underground garages in the rear yard does allow a garage under portions of a non-complying building to be developed, the Zoning Administrator has determined that portions outside the non-complying building footprint need to comply with the basic rear yard setback requirement of 25 percent or 15 feet, whichever is greater. Therefore, the required rear yard would be approximately 27 feet. Although a majority of the existing building is already located in the required rear yard, a small L-shaped portion (approximately 147 square feet) in the southeast corner of the lot remains open. The proposed underground garage would occupy the full footprint of the lot, except for the last five feet at the rear property line.

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 proposed underground garage, occupying almost the entire footprint of the lot, is considered an expansion and intensification of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(AARON STARR)

12. 2006.0723V: 708 BRODERICK STREET, east side, between McAllister and Fulton Streets; Lot 015 in Assessor's Block 1179, in an RH- 3 (Residential House 3- Family) District with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to build an approximately 13.5' deep by 15.5' wide 1-story rear yard extension at the ground floor with a roof deck on top, and access stairs from the roof deck to the rear yard at the north side property line.

Section 134(c) of the Planning Code requires the subject property, which is 87.5' deep, to have a minimum rear yard depth of approximately 22'. The proposed addition will extend approximately 7' into the required rear yard.

(AARON STARR)

13. 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 will be heard today.

(RICK CRAWFORD)

14. 2004.1167V: 1310 STANYAN STREET, east side between Clarendon and Mountain Spring Avenues, Assessor's Block 2706 Lot 035; in an RH-1(D) (Residential House One-Family, Detached) District, and within the 40-X Height and Bulk District.

PARKING VARIANCE SOUGHT: The proposal is to construct a new dwelling on a vacant lot adjacent to an undeveloped street with no off street parking.

Planning Code Section 151 requires one off street parking space for the dwelling unit, where none is proposed.

(JIM MILLER)

15. 2004.1092V: 575 HAYES STREET, south side between Octavia and Laguna Streets, a through-lot to Linden Street, Lot 20 in Assessor's Block 818, split between the Hayes-Gough Neighborhood Commercial District ( NCD ) and an RH-3 (House, Three-Family) District, and within a 50-X Height and Bulk District.

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

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

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

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

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

(JON PURVIS)

16. 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: To legalize work done without permit, including a 4-foot expansion at the rear of the second floor with an expanded roof profile to add 150 sq ft of useable floor area, adding rear decks at the second floor and the main floor (which project 8.5 ft and 11.5 ft, respectively, into the rear yard), adding 20 square feet at the northwest corner of the basement and first floor, and adding habitable space at the basement.

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 new lower rear deck) is now only 17.5 feet.

(KIMBERLY DURANDET)

17. 2005.1001V: 176-178 PARK STREET, an interior lot on the south side of Park Street at the intersection of Holly Park Circle; Lot 054 in Assessor's Block 5720, in an RH-2 (Residential, House, Two-Family) District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.

REAR YARD VARIANCE SOUGHT: The project proposes to build two new decks to an existing two-family dwelling that encroaches into the required rear yard. Planning code Section 242(e) requires a minimum rear yard 45% or 45 feet for the subject property.

The main rear building wall, excluding the porch, already extends into required rear yard by four (4) feet. The proposed decks would further encroach into the required rear yard an additional twelve (12) feet for the second story deck, and nine (9) feet for the third story deck, leaving a rear yard of 29 feet 6 inches. Neither deck encroaches into the last 25%.

The stairs were rebuilt under a separate building permit which was issued on August 4, 2005.

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