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, August 22, 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.

(AARON STARR)

1. 2007.0253V: 2364-2366 FULTON STREET, north side between Willard and Parsons Streets; Lot 008 in Assessor's Block 1169, in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a 3-story spiral staircase approximately 9' in diameter at the rear of the 3.5 story 2-unit building, and small decks at each level to access the proposed staircase. The proposed staircase will be located approximately 4.5' away from the rear of the building, 5' away from the east side property line and 11' away from the west side property line.

Section 134(a)(2) of the Planning Code requires the subject property to have a rear yard equal to approximately 33'. The proposed spiral staircase will be located entirely within the required rear yard setback.

(ADRIAN PUTRA)

2. 2007.0582V: 949 DIAMOND STREET, northeast corner of Diamond Street and 25^th Street; Lot 021 in Assessor's Block 6539 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 two new decks and a staircase at the rear of an existing, non-complying two-unit building. The new staircase shall act as a second means of egress.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 15 feet in depth by taking the average rear yard setback of the adjacent neighboring property. The existing two-unit building has a non-complying rear yard setback of approximately 14.5 feet. The addition to add two decks and a staircase would encroach an additional 10 feet into the required rear yard, thereby providing a rear yard that measures approximately 4.5 feet in depth.

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 two-unit building constitutes a non-complying structure within the required rear yard with an existing rear yard setback of approximately 14.5 feet, where 15 feet is required. The addition to add two decks and a staircase would increase the discrepancy between the existing building and the standards of the Planning Code by 10 feet.

(KATE CONNER)

3. 2007.0660V: 385 CHENERY STREET, on the south side of Chenery Street, between Miguel and Mateo Streets; Lot 021 in Assessor's Block 6694 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a one-story rear horizontal addition with a roof deck to an existing single family dwelling within the required rear yard.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 41 feet in length. The proposed new horizontal rear addition encroaches approximately 16 feet into the required rear yard, thereby providing a rear yard that measures approximately 25 feet in length.

(MICHAEL SMITH)

4. 2005.1056V: 590 CASTRO STREET, at the northwest corner of Castro and 19^th Streets; Lot 016 in Assessor's Block 2695 in the Castro Neighborhood Commercial District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct egress stairs that would infill the light well in the rear yard along the north side property line.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 20' in length. The proposed new stairs encroach approximately 20' into the required rear yard, thereby providing no rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the rear portion of the existing building already encroaches approximately 20' into the required rear yard, it is considered a legal noncomplying structure. Therefore expansion as proposed would be contrary to Section 188.

(AARON HOLLISTER)

5. 2007.0599V: 291 PAGE STREET (aka 280 Rose Street), south side of Page Street, between Laguna and Octavia Streets; Lot 014 in Assessor's Block 0852 in an RH-3 (Residential, House, Three-Family) Zoning District and a 80-B Height and Bulk District.

MINIMUM LOT SIZE, REAR YARD AND OPEN SPACE VARIANCE SOUGHT: The proposal is to subdivide the subject through lot into two lots. Both structures on the subject property would be completely contained within each of the proposed lots. No construction or physical expansions of the structures on the project site are proposed under this application.

Section 121 of the Planning Code requires a minimum lot size of 1750 square feet. The proposed lot fronting Rose Street will be 1375 square feet.

Section 134 of the Planning Code requires that the Page Street lot maintain a 17.5' rear yard setback and that the Rose Street lot maintain a 15' rear yard setback. The proposed property line would create non-complying yards of 11' and 0' for the Page and Rose Street lots respectively.

Section 135 of the Planning Code requires that the proposed lots contain 100 square feet of usable open space per dwelling unit with a minimum horizontal dimension of 10 feet. The Rose Street lot will have a maximum horizontal measurement of 8'.

(BEN FU)

6. 2007.0717V: 79 Lapidge Street, east side, between 18th and 19th streets; lot 019 in assessor's block 3588 in an RH-2 (residential, house, two-family) with a 40-x Height and Bulk designation.

REAR YARD VARIANCE SOUGHT: the proposal is to demolish the existing three-story rear stairs and construct a new three-story deck and stairs at the rear of the existing two-story over garage with attic, two-family, dwelling.

Section 134(a)(2) of the Planning Code requires the minimum rear yard depth in an rh-2 district to be equal to 45 percent of the total depth of the lot, measured from the rear lot line to the rear building wall. The rear yard may be reduced based on the average of the adjacent rear building walls. The required rear yard for the subject property is approximately 16 feet. The existing rear deck encroaches approximately seven feet into the required rear yard, leaving a rear yard of approximately nine feet. The proposed rear deck and stairs encroach approximately two feet, leaving a rear yard depth of approximately 14 feet. Dimensions are approximate. The new deck and stairs encroach less into the required rear yard than the existing stairs.

Planning Code Section 188 further prohibits intensification or increase in any discrepancy at any level of a non-complying structure. The existing rear stair and landing encroach into the required rear yard. The building is a non-complying structure in terms of the rear yard requirement. Once demolished, the legal status of the non-complying structure ceases to exist.

(erika jackson)

7. 2007.0512V 137 Nevada Street, on the east side of Nevada Street, between Cortland and Powhattan Avenues; lot 029 in Assessor's Block 5655 in an RH-1 (residential, house, single-family) 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 single-story rear addition with a second floor deck and a spiral staircase in the space currently occupied by existing decks and stairs, which are to be demolished.

Section 242(E)(2) of the Planning Code limits the depth of a building to 45'-6 as measured from the front property line on lots which have a depth greater than 70 feet in an RH-1 district. The existing building depth is approximately 43 feet, leaving a rear yard of approximately 57 feet. The existing building depth including the rear deck is approximately 55 feet. The proposed building depth is approximately 55 feet, leaving a rear yard of approximately 45 feet.

(BEN FU)

8. 2007.0388CV: 2574 SAN BRUNO AVENUE, west side, between Felton and Burrows Streets, Lot 011 in Assessor's Block 5981 in a NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to remove the existing vacant building and construct a new two-story community health center (dba North East Medical Services) without the required rear yard.

Section 134 of the Planning Code requires a rear yard of 25 percent of the depth of the lot for all levels of a building. The project proposes a building with full-lot coverage and does not provide any rear yard.

B. REGULAR CALENDAR

(MARY WOODS)

9. 2007.0398V: 2250 JACKSON STREET, north side between Webster and Buchanan Streets; Lot 008 in Assessor's Block 0589, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The lot is a through lot, with the front of its single building facing Jackson Street while the rear faces Bromley Place.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a one-story side infill with a roof deck at the rear of the 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. The required rear yard for the subject property would be approximately 29 feet. A portion of the existing one-story extension at the rear of the building already encroaches approximately 11.5 feet into the required rear yard. A small portion (approximately 5 feet wide by 11.5 feet long) of the proposed side addition (measuring approximately 5 feet wide by 22 feet long) would be located entirely within the required rear yard, thereby providing a rear yard that measures approximately 18 feet in length.

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 side addition at the rear of the building is considered an expansion of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(SHELLEY PERDUE)

10. 2007.0634V: 511 EUCLID AVENUE, on the south side of Euclid Avenue, between Commonwealth and Parker Avenues; Lot 059 in Assessor's Block 1064 in an RH-1(D) (Residential, House, Single-Family, Detached) and a 40-X Height and Bulk District.

SIDE YARD AND REAR YARD VARIANCES SOUGHT: The proposal is to create a single parking space in the west side yard of the subject property, to remove the existing rear yard detached garage structure, and to construct a new garden shed in the rear yard.

Section 133 of the Planning Code requires three-foot wide side yards along each side of the subject property. The project includes the creation of a parking space that occupies a portion of the western required side yard.

Section 134 of the Planning Code requires a minimum rear yard equal to 25 percent of the total depth of lot. The required rear yard for the subject property is 25 feet. The proposed garden shed (117 square feet and 9'-4 high) exceeds the 100 square foot area and 8' height maximum allowed for garden structures within the required rear yard.

(AARON STARR)

11. 2006.0570V: 1629-1635 GREEN STREET, south side between Franklin and Gough Streets; Lot 023 in Assessor's Block 0552, in an RH- 2 (Residential House 2- Family) District with a 40-X Height and Bulk Designation.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct an approximately 9' wide by 12.5' deep, 2-story rear addition and an approximately 11.5' tall shade trellis structure at the rear of the rear building. The subject property has two buildings on the lot, a two-story single-family building at the front of the lot and a two-story single-family building at the back of the lot.

Section 134 of the Planning Code requires the subject property to have a rear yard equal to 45% of the lot depth or approximately 62'. The proposed rear addition and trellis are located entirely within the required rear yard setback.

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

(SHARON YOUNG)

12. 2007.0652V: 701 – 43^RD AVENUE, southwest corner of Balboa Street and 43^rd Avenue; Lot 001 in Assessor's Block 1601 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

OFF-STREET PARKING VARIANCE: The proposal is to legalize the addition of one dwelling unit on the ground floor of the one-story over garage, single-family dwelling. A single off-street parking space will continue to be provided in the existing garage.

Section 151 of the Planning Code of the Planning Code requires one full-size, independently accessible parking space for each newly created dwelling unit. No parking space is proposed for the second dwelling unit.

(MICHAEL SMITH)

13. 2006.0753V: 230 RHINE STREET, north side between Flournoy and Shakespeare Streets; Lot 027 in Assessor's Block 7169, in a RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to legalize the  as built addition to the structure at the rear of the lot and convert the area to habitable space that is accessory to the single-family dwelling located at the front of the lot.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 25' in length. The  as built addition encroaches approximately 25' into the required rear yard, thereby providing no rear yard.

Section 188 of the Planning Code prohibits the expansion or intensification of a noncomplying structure. Because there was an existing detached garage structure at the rear of the lot that already encroached approximately 25' into the required rear yard, it is considered a legal noncomplying structure. Therefore expansion and conversion of the structure to habitable area as constructed is contrary to Section 188.

(ELIZABETH WATTY)

14. 2007.0719V: 26 VULCAN STAIRWAY, on the north side of Vulcan Stairway, between Ord and Levant Streets; Lot 006 in Assessor's Block 2619 in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to modify the roofline over the rear portion of the existing single-family dwelling from a shed roof to a hipped roof. The rear portion of the dwelling extends into the required rear yard and is considered a legal noncomplying structure. This proposal will increase the height of the existing noncomplying structure. Alterations including a deck enclosure at the second floor, the addition of a bay window at the first floor, and the addition of a new dormer are included in the project but do not require a variance. These alterations will be included under a separate neighborhood notification.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 20-feet in length, parallel to the rear property line. The existing dwelling encroaches into this required rear yard by approximately 7-feet, 6-inches, and is considered a noncomplying structure. The proposal is to modify the roofline at this rear portion of the house, by replacing the low shed-roof with a new hipped-roof. This change to the roofline will increase the discrepancy of the noncomplying structure, because it will increase the volume located within the required rear yard. This volumetric expansion is contrary to Planning Code Section 134 and requires a rear yard variance.

Section 188 of the Planning Code does not permit the expansion or modification of a noncomplying structure. The proposal seeks to modify the roofline on a noncomplying building in order to increase the floor-to-ceiling height in the Master Bedroom, and to provide a more uniform roofline. The proposed modification to the existing noncomplying structure is contrary to Section 188 and requires a noncomplying structure variance.

(MAT SNYDER)

15. 2005.1030V: 576 SHOTWELL STREET, Lot 041 in Assessor's Block 3594, west side between 19th Street and 20th Street, in an RM-1 (Residential, Mixed, Low Density) District and a 50-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT. The proposal is restore the existing historical cottage and move it forward by seven-feet on the lot and to construct two new units to the rear of the cottage in a forty-foot tall addition.

Section 134(c) of the Planning Code requires a rear yard measured 39-feet from the rear property-line. The proposal is to construct an addition that would extend approximately 23-feet from the rear property-line.

(TIM FRYE)

16. 2006.1383V 711 SHOTWELL STREET, on the east side of Shotwell Street, between 21st and 22nd Streets; Lot 053 in Assessor's Block 3614 in an RH-3 (Residential, House, Three-Family) and a 40-X Height and Bulk District.

REAR YARD & PARKING VARIANCES SOUGHT: The proposal is to convert the existing garage structure located at the rear of the property into a dwelling unit.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 55' in length. The existing garage structure is built at the rear property line and projects 19' into the required rear yard, leaving an inner courtyard of approximately 33' between the garage and the main residence on the property.

Section 151 of the Planning Code requires a minimum of one independently accessible off-street parking space be provided for each dwelling unit. To comply with this requirement, two spaces are necessary; however, the proposal does not provide off-street parking for either unit.

Section 188 of the Planning Code states that a noncomplying structure may undergo a change or intensification of use in conformity with the use limitations of the Code, provided that with respect to such structure there is no increase in any discrepancy, or any new discrepancy, at any level of the structure, between existing conditions on the lot and the required standards for new construction set forth in this Code. The conversion of this existing uninhabitable space into a dwelling will intensify the use of this structure that is located within the rear yard setback.

(TIM FRYE)

17. 2007.0583V 369 PRENTISS STREET, between Cortland and Jarboe Avenues; Lot 028 in Assessor's Block 5686 in an RH-1 (Residential, House, Single-Family) and a 40-X Height and Bulk District and in the Bernal Heights Special Use District.

REAR YARD, MASS REDUCTION, & PARKING VARIANCES SOUGHT: The proposal is to construct a vertical addition approximately 25'x25' in area at the second-floor (top) level with a rear deck. The project includes alterations to the primary façade, including reconfiguration of the front stairs.

Section 242(e)(2)(A) of the Planning Code requires that the subject property maintain a minimum rear yard depth equal to 35 percent of the total depth of the lot on which the building is located. The minimum required rear yard for the subject property is 24'-6' in length. An existing legal non-conforming rear deck encroaches approximately 11'-6 into the required rear yard setback leaving a rear yard from the deck of approximately 12'-6 . A stair, as a required second means of egress from the proposed upper level, will project an additional 3' into the required rear yard.

Section 242(e)(3) of the Planning Code requires a total of 650 square feet of usable floor area must be deleted from the exterior of the building, causing a reduction in square footage as well as building volume. The proposed total reduction in useable floor area is approximately 590 square feet for a deficiency of approximately 60 square feet.

Section 242(e)(4)(A)(iii) of the Planning Code requires that if one or more alterations add over 400 square feet of usable floor area and the total usable floor area of the building is between 1,651 and 2,250 square feet, a total of two parking spaces is required. The site provides one existing off-street parking space and the current proposal does not provide any additional off-street parking.

(MICHELLE GLUECKERT)

18. 2007.0441V 68 CARVER STREET, on the west side of Carver Street between Chapman Street and Mayflower Street; Lot 004 in Assessor's Block 5640, in a RH-1 (House, One-Family) Zoning District and a 40-X Height and Bulk District, within the Bernal Heights Special Use District.

PARKING AND REAR YARD VARIANCE SOUGHT: The proposal is to construct a rear horizontal addition that will add approximately 500 square feet of usable floor area to the existing singe family dwelling.

Section 242(e)(4)(A)(iii) of the Planning Code states that if one or more alterations add over 400 square feet of usable floor area and the total usable floor area of the building is between 1,650 and 2,250 square feet, a total of two parking spaces are required. The proposal is to provide one parking space.

Section 136(c)(22) of the Planning Code states that garden structures, including sunshades, are permitted as rear yard obstructions if no more than eight feet in height above grade and cover no more than 60 square feet of land. The proposed sunshade at the ground story extends to approximately nine feet in height and covers approximately 60 square feet of land. Additionally, a sunshade is proposed at the second story, at a height of approximately 18 feet and covering approximately 60 square feet of land.

(MICHELLE GLUECKERT)

19. 2007.0609V 569 CAPP STREET, on the east side of Capp Street between 20th Street and 21st Street; Lot 009D in Assessor's Block 3610, in a RM-1 (Mixed, Low-Density) Zoning District and a 50-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to demolish the existing one-story rear addition and deck, and construct a rear addition and deck. The addition will occupy the full lot width at the ground story and half the lot width on both the second and third stories. A deck will occupy the other half of the lot width at the second story, with rear stairs down to the ground story that extend to within 25 feet of the rear property line. The rear addition will extend approximately 10 feet from the existing rear building wall, resulting in a rear yard of approximately 36 feet.

Section 134 of the Planning Code states that in RM-1 Zoning Districts, the forward edge of the required rear yard shall be reduced to a line on the subject lot, parallel to the rear lot line of such lot, which is an average between the depths of the rear building walls of the two adjacent buildings. The required rear yard for the subject property is 41 feet. The proposed rear yard is approximately 36 feet.

(MICHELLE GLUECKERT)

20. 2007.0704V: 373 PENNSYLVANIA AVENUE, on the east side of Pennsylvania Avenue between 18th and 19th Streets; Lot 021 in Assessor's Block 4040, in a RH-2 (House, Two-Family) Zoning District and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a partial third story within the required front setback on the subject property.

Section 132 of the Planning Code states that any building or addition constructed, reconstructed or relocated on the subject property shall be set back to the average of the two adjacent front setbacks. The proposed third story will be approximately 21 feet deep, measured from the existing front property line. The required front setback on the subject lot is approximately 5 feet.

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