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 23, 2007, 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.

(SOPHIE MIDDLEBROOK)

1. 2007.0334V: 39 CHATTANOOGA STREET, on the east side of Chattanooga Street, between 21^st and 22^nd Streets; Lot 077 in Assessor's Block 3619 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

SCREENED PARKING VARIANCE SOUGHT: The proposal is to create an off-street parking space within the existing front setback, and to create a landscaped front courtyard area. The proposal includes replacement of the existing deteriorated picket fence. The new fence will partially conceal the proposed off-street parking space. Neither the construction of the off-street parking space nor the landscaped courtyard will create a physical impact to the existing residential dwelling on the subject lot.

Section 142 of the Planning Code requires that every off-street parking space shall be screened from view. While the construction of the proposed new fence will partially screen the off-street parking space, the fence will not completely conceal the parking area.

(SOPHIE MIDDLEBROOK)

2. 2007.0335V: 55 PROSPER STREET, on the east side of Prosper Street, between 16^th and 17^th Streets; Lot 030 in Assessor's Block 3564 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a two-story horizontal addition to the rear of the subject building. The proposed addition would encroach 5' into the required rear yard for the subject property, which measures 80' in length.

Section 134(c)(1) of the Planning Code requires that the subject property maintain a 20' long rear yard, a depth equal to 25% of the length of the lot. The proposed project would encroach 5' into the required rear yard, and would maintain a rear yard that measures 15' in length.

(ERIKA S.JACKSON)

3. 2007.0196V: 111-113 RIPLEY STREET, north side, between Folsom and Treat; Lot 033B in Assessor's Block 5524; in a RH-2 (Residential, House, Two-Family) District and 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 bay window, a deck, and two roof overhangs within the required rear yard. A 4-foot by 19-foot bay window on the third floor above the rear yard and a deck at the fourth floor above the rear yard will extend the building depth by 4 feet in the rear.

Planning Code Section 242(e)(2)(B) establishes a rear yard requirement of 45 percent of lot depth in the RH-2 District. The required rear yard is 45 feet. The existing building extends to 30'-4.5 from the rear property line. The proposed bay window will extend to 26'-4.5 from the rear property line.

B. REGULAR CALENDAR

(MARY WOODS)

4. 2005.0103V: 783 – 47^TH AVENUE, west side between Cabrillo and Balboa Streets, Lot 016 in Assessor's Block 1597 in an RH-2 (Residential, House, Two-Family) District and the Coastal Zone Special Use District, and a 40-X Height and Bulk District.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to add a new second unit by constructing a new third floor and rear additions to the existing two-story, single-family residence. The lot, at a width of 25 feet wide, is irregularly shaped since the lot depth at the southern portion is 90 feet deep for a width of 10 feet while the northern portion is approximately 120 feet deep for the remaining 15-foot wide portion. (The project will also require an application for a Coastal Zone Permit, and a Building Permit, both of which will be the subject of a separate notice.)

Section 134 of the Planning Code requires the minimum rear yard depth to be equal to 45 percent of the total depth of the lot. The required rear yard would be approximately 41 feet for the 90-foot deep portion of the lot and 54 feet for the 120-foot portion of the lot. Whereas the proposal within the 120-foot deep portion complies with the rear yard requirement, the 10-foot wide by 90-foot deep portion lacks the required 41-foot setback requirement. The proposed rear yard setback at the southern portion is approximately 24 feet.

Section 188 of the Planning Code prohibits the expansion or intensification of any non-complying structure. Because the southern lot line is 30 feet shorter than the northern lot line, the existing building already extends into the required rear yard by approximately 10 feet; however, it is considered a legal, non-complying structure. A portion of the new third floor (approximately 10 feet wide by 7 feet deep) and rear addition (approximately 5 feet wide by 12 feet deep) would further extend into the required rear yard, thereby,

(GLENN CABREROS)

5. 2007.0300V: 542 – 34^TH AVENUE, east side between Geary Boulevard and Anza Street, Lot 035 in Assessor's Block 1511 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a new third floor within the footprint of the existing two-story, single-family residence that is noncomplying since it extends into the legally required rear yard.

Section 134 requires a rear yard equal to 45-percent of the lot depth. The required rear yard depth for the subject property is 54 feet. Approximately the last 10 feet of the existing building was originally constructed within the required rear yard. The proposed third floor is proposed to extend approximately 6 feet into the required rear yard.

Section 188 prohibits the intensification of any noncomplying structure. The entire proposal is within the footprint of the existing single-family residence; however the rear portion of the residence that was constructed approximately 10 feet into the required rear yard is a legal noncomplying structure.

(AARON STARR)

6. 2007.0218V: 37 MAGNOLIA STREET (AKA 1840-1842 LOMBARD STREET), south side of Magnolia Street between Buchanan and Laguna Streets; Lot 009 in Assessor's Block 0494, in an NC-3 (Moderate Scale Neighborhood Commercial) District with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a single-family house that will front on Magnolia Street on a through lot that contains a 2-unit building that fronts on Lombard Street.

Section 134(a)(1)(C) of the Planning Code requires the subject property to have a 30' deep rear yard. The proposed structure will be located within the required rear yard, but will be separated from the building that fronts on Lombard by open space that is approximately 26.5' deep. In addition, the rear egress stairs for the proposed building will extend 13' into the open space that separates the two buildings.

(AARON STARR)

7. 2006.1497V: 583-585 FELL STREET (AKA 482 HICKORY ST.), south side of Fell Street between Buchanan and Laguna Streets; Lot 019 in Assessor's Block 0830, in an RH-3 (Residential, House, Three-Family) District with a 40-X Height and Bulk Designation.

REAR YARD, MINIMUM LOT AREA AND OPEN SPACE VARIANCES SOUGHT: The proposal is to subdivide the lot into two lots so that the two existing buildings are on separate lots (Case Number 2006.1497S). The new lot that fronts on Hickory Street will be less than 1,750 sq. ft. in area, and no open space will be provided for the existing unit on that lot.

Section 121(e)(2) of the Planning Code requires lots within 125' of an intersection to have a minimum lot area of 1,750 sq. ft. The proposed lots are within 75' of an intersection. The lot that will front on Fell Street will be approximately 2,370 sq. ft., while the lot that will front on Hickory Street will be approximately 930 sq. ft.

Section 134(a)(2) of the Planning Code requires both of the new lots to have rear yards equal to 45% of the lot depth. After the subdivision, the lot that fronts on Hickory will not have a rear yard setback, and the lot that fronts on Fell Street will have a lot that is approximately 16' deep, which is less than the 20' deep rear yard required by the Planning Code.

Section 135 of the Planning Code requires 100 sq. ft. of useable open space for each unit in an RH-3 District. The proposal does not include any open space for the unit that fronts on Hickory Street.

(SHARON YOUNG)

8. 2007.0209V: 1422 WILLARD STREET, east side between Parnassus and Woodland Avenues, Lot 050 in Assessor's Block 2631 in an RH-3 (House, Three-Family) Zoning District and a 40 X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is the removal and replacement of an existing deck and egress stairs at the rear of the two-story over basement, two-family dwelling. The proposal will involve removing an existing rear deck at the 2^nd floor level and egress stairs (approximately 5 feet deep by 20 feet wide by 16 feet above grade) and constructing a new rear deck and egress stairs in its place. The new rear deck and egress stairs (approximately 7.5 feet deep by 16 feet wide by 16 feet above grade) will be set back approximately 6 feet from north property line and 3 feet from the south property line. Thus, the new deck will be 2.5 feet deeper but 4 feet narrower than the existing deck.

Section 134 of the Planning Code requires a rear yard area in an RH-3 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, which is located on an irregularly shaped lot, has an average lot depth of 76.6 feet. The proposed rear deck and egress stairs will extend approximately 5 feet into the 19-foot 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. The new rear deck and egress stairs will be constructed above a portion of the existing building on the basement level that currently extends into the required rear yard as a legal noncomplying structure. Therefore, the proposed replacement of the existing deck and egress stairs would be contrary to Section 188 of the Planning Code.

(JONAS IONIN)

9. 2007.0284V: 2813 BUSH STREET, south side between Baker and Lyon Streets, Lot 033, Assessor's Block 1054, located in an RH-2 District (Residential, House, Two-Family) District and in a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to replace an existing noncomplying deck and stair approximately 23.5 feet wide and 24 feet deep at the rear of this building with a smaller deck and stair approximately 23 feet wide and 21.5 feet deep that would extend approximately 1'-6 beyond a twelve foot permitted obstruction and encroach into 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 136(c)(25) a 12 foot permitted obstruction is allowed to encroach into the 45 percent rear yard requirement. The required rear yard is 62 feet. The proposed new deck would encroach approximately 1'-6 into the required rear yard beyond the permitted 12 foot obstruction.

(SOPHIE MIDDLEBROOK)

10. 2006.0336V; 70 DOUGLASS STREET, on the west side of Douglass Street, between 17th Street and Ord Court; Lot 007A in Assessor's Block 2625 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to rehabilitate the existing building on the subject property, and to construct a horizontal garage addition to the rear of the existing building. The existing subject building is a legal non-conforming structure located within the required rear yard of the through-lot. The proposed addition will increase the discrepancy between existing conditions and the rear yard requirements outlined in the Planning Code. The project proposal also includes constructing a new, three story building at the front of the lot, maintaining an open courtyard between the two structures that measures 34', or 25% of the depth of the lot. The proposed new building is not subject to a Planning Code Variance, and will be subject to a separate notice under Planning Code Section 311.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 34', or 25% of the length of the lot. The project provides a shared mid-block open space for the proposed two buildings on the lot that is equal to the rear yard requirement set forth in the Planning Code.

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 rear yard, and the garage addition would increase the discrepancy at ground level between the existing building and the standards of the Planning Code.

(TOM WANG)

13. 2007.0309V: 3809 CESAR CHAVEZ STREET, south side between Church and Dolores Streets; Lot 046 in Assessor's Block 6578 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

MINIMUM LOT AREA AND REAR YARD VARIANCES SOUGHT: The proposal includes (1) legalization of the subject lot to be an official lot of record; (2) removing an existing two-story porch and stairs attached to the east side of the subject building and replacing it with a one-story, two-car garage. A roof deck with a stairway connecting to the second floor would be provided above the proposed garage; and (3) addition of a second unit, converting the current single-family dwelling to a two-family dwelling.

Section 121(e)(2) of the Planning Code requires a minimum lot area of 1,750 square feet for the subject lot in RH-2 Districts. The subject lot was created in 1960 without proper referral to the Planning Department. It contains an area of 1,340 square feet, which is deficient in required minimum lot area.

Section 134(a)(2) of the Planning Code requires a rear yard depth of 15 feet, measured from the rear (south) property line, for the subject lot. The proposed garage and the stairway above its roof would extend to the rear (south) property line and encroach entirely into the required rear yard.

Section 188 of the Planning Code prohibits the enlargements, alterations, or reconstruction of a noncomplying structure. Since the existing two-story porch already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, replacing the existing porch with a garage would 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