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 Planning Code as

described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, November 15 , 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. 2006.1196V: 715 BUENA VISTA AVENUE (WEST): west side between Central Avenue and Frederick Street; Lot 063 in Assessor's Block 1256 in an RH-3 (House, Three-Family) District and a 40-X Height/Bulk.

REAR YARD AND noncomplying structure VARIANCES SOUGHT: The proposal is to expand the existing noncomplying structure (greenhouse/artist studio) located within the required rear yard. The roofline of the structure would be raised approximately two feet, and the structure would be expanded approximately eight feet in width to the south. The overall 40-foot length of the structure from front to back would remain the same.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 28 feet for the subject property, measured from the rear property line. The existing greenhouse extends to within approximately five feet of the rear property line and thus encroaches into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. As a portion of the existing building encroaches into the required rear yard, it is considered a legal, noncomplying structure. The expansion as proposed would be contrary to Section 188.

(ELIZABETH WATTY)

2. 2006.1061V: 145 SAN BENITO WAY, east side between Monterey Boulevard and St. Francis Boulevard; Lot 018 in Assessor's Block 3103 in an RH-1(D) (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.

REAR YARD VARIANCESOUGHT: The proposal seeks a variance from the rear yard requirements of Planning Code Section 134, in order to construct a single-story horizontal addition to the rear of the existing single-story residence.

Section 134 of the Planning Code requires a rear yard of 22 feet, 7-inches for the subject property. The proposed addition will be 12-feet deep and 13-feet wide, encroaching 8-feet, 6-inches into the required rear yard and extending to within approximately 14-feet of the rear property line.

(TIM FRYE)

3. 2006.1151V: 296 COLERIDGE STREET, Lot 012 in Assessor's Block 5642, between Virginia and Eugenia Streets in an RH-2 (Residential House, Two Family), Bernal Heights Special Use District, and a 40-X Height and Bulk District.

REAR YARD VARIANCES SOUGHT: The proposal is to replace a deteriorated wooden gate with an automatic sectional garage door to match the adjacent garage. The surrounding screen for the door will be 13' in height and will be finished to match the architectural detailing of the existing building.

Planning Code Section 242 requires that curb cuts be limited in width to maximize the number of street parking spaces available in Bernal Heights. The existing curb cut is 18'6 in width and serves two separate off-street parking spaces located on the same property. The maximum width of curb cuts allowed is 10 feet.

Planning Code Section 242 requires the minimum rear yard depth to be equal to 45 percent of the lot depth within an RH-2 district. The subject lot is 75' in length and the existing structure extends approximately 64', to within 11' of the rear lot line. The existing building was constructed prior to 1900 and is a legal non-conforming structure. The rear yard requirement under current Planning Code is approximately 34'. The project proposes to construct a screen and garage door 13' in height to screen off-street parking. No roof will enclose the off-street parking space. This project would eliminate the remaining rear yard.

(EDGAR OROPEZA)

4. 2006.1269V: 1177 REVERE AVENUE, Lot 043 in Assessor's Block 4786, a triangular through lot on the west side of Revere Avenue between Hawes and Griffith Streets in the M-1 (Light Industrial) District, the Restricted Light Industrial Special Use District and a 40-X Height and Bulk District.

LOT AREA AND LOT WIDTH VARIANCES SOUGHT: The proposal is to legalize the existing 3,285 square foot triangular lot with frontage on Shafter. This lot was created prior to 1960 without Planning Department review and approved. Construction of a new (1) one-story warehouse on the vacant lot is proposed; however it is not a subject of this Variance.

Planning Code Section 121(d)(2) and 121(e)(2) requires that all properties in the M-1 Light Industrial Zoning District have a minimum lot width of 25 feet and minimum lot area of 2,500 square feet. The minimum lot width shall be maintained for a sufficient depth on the lot to enable the minimum lot area requirement to be satisfied within the portion of the lot having such minimum lot width. The width of the lot varies from 25 feet to 4 feet.

(MICHAEL SMITH)

5. 2006.0302V: 31 SHELDON TERRACE, a private street off 15th Avenue between Noriega Street and Mount Lane; Lot 031 in Assessor's Block 2035A in a RH 1 (Residential, House, One Family) District and a 40 X Height and Bulk District.

REAR YARD VARIANCE: The proposal is to subdivide the existing lot (containing two residential buildings) into two lots, with each lot containing a building. The proposal would legalize the two existing unscreened off-street parking spaces that are accessed from Sheldon Terrace. No construction is proposed.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 27'-3 measured from the rear property line. Off-street parking is not allowed within the required rear yard. The existing parking spaces are located at the rear of the lot encroaching 27'-3 into the required rear yard.

Section 142 of the Planning Code requires that every off-street parking space be screened from view from all streets and alleys through use of garage doors or by some other means. The existing off-street parking spaces to be legalized are not screened from the street.

B. REGULAR CALENDAR

(MARY WOODS)

6. 2006.0318V: 257 - 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 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) replacement of the exterior front staircase to unit 2 on the second floor; (2) reconfiguration of the exterior rear staircase to the second floor; and (3) 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 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 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.

(ELIZABETH WATTY)

7. 2006.0370V: 1051 GENEVA AVENUE, at the southeast corner of Lisbon Street; Lot 015 in Assessor's Block 6407 in a RM-1 (Residential, Mixed, Low-Density) and a 40-X Height and Bulk District.

OPEN SPACE AND PARKING VARIANCES SOUGHT: This proposal seeks a variance from the open space requirements of Planning Code Section 135 and the parking requirements of Section 151, in order to legalize an existing third unit at the ground floor level (consisting of a bedroom, kitchen, full bathroom, and living room).

Section 135 of the Planning Code requires that every dwelling unit in a RM-1 District must have direct access to usable open space on the subject property – either 100 square-feet of private open space or 133 square-feet per unit of common open space. The subject third dwelling unit does not have direct access to either private or common usable open space on the property. The proposed third unit requires a variance from Planning Code Section 135.

Section 151 of the Planning Code requires one off-street parking space for each residential dwelling unit on the property in a RM-1 District. The proposal seeks to legalize one dwelling unit without providing the necessary one off-street parking space, and thus requires a variance from Planning Code Section 151.

(RICK CRAWFORD)

8. 2006.1233V: 119 COLLINGWOOD STREET, east side between 19^th and 20^th Streets, Lot 031 in Assessor's Block 2695 in an RH-3(Residential House, three Family) District, and within the 40-X Height and Bulk District.

PARKING VARIANCE SOUGHT: The proposal is to develop a second dwelling unit in the building without providing a new independently accessible off street parking space.

Planning Code Section 161 requires two independently accessible parking spaces for a two dwelling unit building, where three tandem parking spaces are proposed. Planning Code Section 188 prohibits the expansion of a noncomplying structure that increases the structures degree of noncompliance.

(SOPHIE MIDDLEBROOK)

9. 2006.1116V: 365 EDGEHILL WAY, on the southwest side of Edgehill Way, east of Kensington Way; Lot 020 in Assessor's Block 2934 in an RH-1(D) (Residential, Detached House, Single-Family) and a 40-X Height and Bulk District.

SIDEYARD VARIANCE SOUGHT: The proposal is to add a 13' horizontal addition to the main floor at the front of the subject building, and to fill-in a notch at the lower level by enclosing an existing deck that extends 13' beyond the building's main front wall.

Section 133 (a)(5) of the Planning Code requires that the subject property maintain two side yards each of 5 feet. The existing building is situated on the northern property line, within the side setback requirement. The proposed addition at the lower level would also be within the side yard setback.

Section 188 of the Planning Code allows a non-complying structure to be altered, providing that there is no new or increased discrepancy at any level between existing conditions on the lot and the required standards of the Planning Code. The existing building constitutes a non-complying structure within the required side setback, and the addition would increase the discrepancy at ground level between the existing building and the standards of the Planning Code.

(SOPHIE MIDDLEBROOK)

10. 2006.1062V: 1201 35^TH AVENUE, on southwest corner of 35^th Avenue and Lincoln Way; Lot 001 in Assessor's Block 1715 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to legalize an existing deck, built without benefit of permits, at the rear of the subject building. While permits were obtained for stairs, the project exceeded the scope of the approved permit by adding the subject deck. The constructed deck is approximately 13' above grade, measures approximately 16 square feet, and extends 5 feet into the required rear yard.

Section 134 (c)(4)(a) of the Planning Code requires that the rear yard of a corner lot shall be a minimum of 45% of depth of the lot, or, in the case of a corner property, no less than 15 feet. The existing deck extends approximately 5 feet into the required rear yard.

(TOM WANG)

11. 2006.1255V: 2115 KIRKHAM STREET, south side between 25^th and 26^th Avenues; Lot 021 in Assessor's Block 1871 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal for the existing two-story, single-family dwelling is (1) to legalize previous in-fill of two building notches, at the rear of first and second floors, constructed without the benefit of a building permit. One notch in-fill was along the east side lot line, measuring approximately 4-foot wide and 10-foot long. The other notch in-fill was along west side lot line, measuring approximately 5-foot wide and 10-foot long and (2) to remove an existing second floor rear deck with a stairway, constructed without the benefit of a building permit. Construct a new second floor rear deck with a stairway.

Section 134(a)(2) of the Planning Code requires a rear yard depth of 45 feet, measured from the rear property line. Both previously in-filled notches encroach approximately 8 feet 9 inches into the required rear yard. The proposed replacement deck with a stairway would encroach 14 feet 6 inches into the required rear yard to within 30 feet 6 inches of the rear property line.

Section 188 of the Planning Code prohibits the enlargement, alteration, or reconstruction of a noncomplying structure. Since the existing rear deck with a stairway is entirely in the required rear yard, it is considered a noncomplying structure. The proposed rear deck with a stairway would therefore, result in the reconstruction of a noncomplying structure.

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