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October 24, 2007

PLANNING DEPARTMENT

CITY AND COUNTY OF

SAN FRANCISCO

Notice of Hearing on Application

For Zoning Variance

CITY HALL - Room 408

1 Dr. Carlton B. Goodlett Place

Wednesday, OCTOBER 24, 2007

Session Begins at 9:30 A.M.

Public Hearing

Lawrence Badiner, Zoning Administrator

Marge Gambelin, Recording Secretary

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.

Any remaining questions concerning this application review process may be answered by the Planning Information Center at (415) 558-6377.

Variance Calendars are available on the Internet at http://www.ci.sf.ca.us/planning/variance.htm.


Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408, Fourth Floor, San Francisco, CA. The closest accessible BART Station is the Civic Center Station located at the intersection of Market, Hyde and Grove Streets. Accessible curb side parking has been designated at points along McAllister Street. Accessible MUNI Lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro Lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. American sign language interpreters and/or a sound enhancement system will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 72 hours prior to a hearing. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

For more information on your rights under the Sunshine ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall, Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at Donna_Hall@ci.sf.ca.us.

Attention:Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin.. Code 16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/.


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, October 24, 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. 2007.0868V: 37 – 7th AVENUE, west side between Lake Street and the Presidio; Lot 007 in Assessor's Block 1351, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES: The proposal is to construct an approximately 6' deep by 14' wide addition and an approximately 5' deep by 10.5' wide balcony at the rear of the second floor of the 3-story single family building.

Section 134(a)(2) of the Planning Code requires the subject property to have a 51' rear yard setback. The proposed addition and balcony will be located entirely within the required rear yard, extending to within 32.5' of the rear property line.

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. The existing building is considered a legal noncomplying structure because portions of the building already encroach into the required rear yard setback. The proposed addition would be contrary to Section 188(a) of the Planning Code.

(BRITTANY BENDIX)

2. 2007.0968V: 201-05 COLERIDGE STREET, on the south corner of Coleridge Street and Virginia Avenue; Lot 031 in Assessor's Block 5643 in the Bernal Heights Special Use District, an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD AND OPEN SPACE VARIANCES: The proposal is to remove the existing deck and stairs in the rear yard. A new deck and stairs will be constructed in an area, 16.5' wide by 8' deep, in the notch along the rear building wall. The remaining area, 25' wide by 10.5' deep, where the existing deck will be removed, will be used as an off-street parking space.

Section 242(e) of the Planning Code requires the minimum rear yard depth to be equal to 45 percent of the lot depth within an RH-2 district. The required rear yard is 32' feet. The existing building depth is 48.5' and leaves a rear yard of 18.' There is also an existing deck and stairs that intrude into the rear yard. The project proposes to construct a new deck and stairs with a height of 21.5' and dimensions of 16.5' by 8' along the rear building wall. The remaining area, 25' wide by 10.5' deep, will be used as an off-street parking space. This project would eliminate the remaining rear yard.

Section 135 of the Planning Code requires 500 square feet of open space. The existing structure has 300 square feet of open space. The proposal to construct a new deck and use the remaining space for off street parking would eliminate the existing open space.

Section 188 of the Planning Code states that the reconstruction of a noncomplying structure is prohibited. The reconstruction of the rear deck requires a variance.

Section 134(b) of the Planning Code prohibits parking in the rear yard. The project proposes parking in the rear yard, therefore, a variance is required.

(ERIKA JACKSON)

3. 2007.0658V: 662 CAMPBELL AVENUE, northeastern corner of Alberta Street; Lot 061 in Assessor's Block 6189; in an RH-1 (Residential, House, Single Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal is to construct a three foot deep fire exit staircase to the second and third floors of an existing single family dwelling.

Planning Code Section 134(a)(1) establishes a rear yard requirement of 25 percent of lot depth, but in no case less than 15 feet. The subject lot is 50 feet deep, resulting in a rear yard requirement of 15 feet. The fire exit staircase encroaches 3 feet into the required rear yard, resulting in a rear yard of 12 feet.

(RICK CRAWFORD)

4. 2007.0612V: 1983-1985 15TH STREET, on the south side of 15th Street, between Church and Landers Streets; Lot 051 in Assessor's Block 3557 in an RM-2 (Residential, Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal would demolish and reconstruct the rear stairs in a new configuration and will construct decks at the first and second floors. The new stairs will extend back 3.5 feet further than the existing stairs; the proposed decks will project 6 feet to 8 feet back from the rear and will be 17 feet wide.

Section 134 of the Planning Code requires a rear yard of 41 feet where a rear yard of 18 feet is proposed.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure in a manner that increases the structure's degree of noncompliance.

B. REGULAR CALENDAR

(SARA VELLVE)

5. 2007.0918V: 2820 Scott Street, between Green and Union Streets, Lot 014 in Assessor's Block 0537 in an RH-1 (House, One-Family) District and a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES: The proposal is to expand the first floor living area underneath the existing brick deck/arcade at the rear of the four-story single-family dwelling by approximately 12 feet. Stairs leading from the first floor to grade will be demolished and reconstructed. A solid fire-rated wall will be constructed at the south property line within an arch below the deck/arcade.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 34 feet for the subject property, measured from the rear property line. The proposed first floor expansion would extend to within approximately 23 feet of the property line and encroach into the required rear yard. The expansion would not extend further than the existing brick deck/arcade.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because a portion of the building (rear deck/arcade) already encroaches into the required rear yard, it is considered a legal, noncomplying structure. Therefore, expansion as proposed would be contrary to Section 188.

(AARON STARR)

6. 2007.0570V: 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: 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. The proposed variance is only for the building located at the rear of the lot. The proposal is to construct an approximately 9' wide by 12.5' deep, 2-story addition at the rear, east side of the building, and an 11.5' deep by 17' wide 2-story addition at the rear of the building.

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 additions 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.


(SHELLEY PERDUE)

7. 2007.0961V: 258 12th AVENUE, on the east side, between Clement and California Streets; Lot 030 in Assessor's Block 1422 in an RM-1 (Residential, Mixed, Low Density) and a 40-X Height and Bulk District.

PARKING VARIANCE: The proposal is to legalize the existing second unit without providing off-street parking.

Section 151 of the Planning Code requires one off-street parking space per dwelling unit. The subject lot contains one legal unit and one unit for which no permit record exists. The property currently provides only one off-street parking space in the garage.

(RICK CRAWFORD)

8. 2007.1102V: 1266B DOLORES STREET on the west side of Dolores Street, between Clipper and 26th Streets; Lot 051 in Assessor's Block 3557 in an RM-2 (Residential, Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal would reconstruct a nonconforming two-story rear portion of the building demolished during remodeling. The demolished rear portion of the building extended into the legally required rear yard and was originally intended to remain but was inadvertently demolished.

Section 134 of the Planning Code requires a rear yard of 22 feet where a rear yard of 3.5 feet is proposed.

(MICHAEL SMITH)

9. 2007.0291V: 231 27TH STREET, on the south side between Dolores and Church Streets; Lot 032 in Assessor's Block 6593 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal is to construct a two-story horizontal addition at the rear of the building. The addition would be set back 11'-6 from the west side property line.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 51'-6 in depth. The proposed addition encroaches approximately 9' into the required rear yard, thereby providing a rear yard that measures approximately 42'- 6 in depth.

(AARON HOLLISTER)

10. 2007.0967V: 2145 POWELL STREET,west side of Powell Street, between Francisco and Chestnut Streets; Lot 002 in Assessor's Block 0052 in the North Beach Neighborhood Commercial Zoning District and a 40-X Height and BulkDistrict.

REAR YARD VARIANCE: The proposal is a two-foot horizontal addition to the front of the rear building located in the rear-yard setback on the subject site. Additionally, the height of the rear building is proposed to increase four feet also requiring a variance. No work is proposed to the front building on the subject site under this application.

Section 134 of the Planning Code requires an approximate 22-foot rear-yard setback on the subject site. The overall addition will measure 2 feet horizontally and 29 feet vertically. The subject building was constructed before zoning controls established and regulated minimum rear-yard setbacks, thus making the rear building legal non-conforming in regards to setbacks. Any additions to the rear building within the required rear yard area require a variance.

(EDGAR OROPEZA)

11. 2007.1043V: 2857 22nd STREET, south side between Harrison and Alabama Streets, Lot 001A in Assessor's Block 4148 in an RH-3, (Residential House, Three-Family) 40-X Height and Bulk District.

EXPOSURE VARIANCE: The proposal would convert the existing single-family residence into a two-family dwelling. The existing building currently covers the entire lot on the ground story. The project will cut back the ground story at the rear to create a 19'-6'' by 14'-0'' open space.

Section 140 of the Planning Code requires that all new dwelling units have their required windows face onto a public street or public alley of at least 25 feet in width, a side yard of at least 25 feet in width, or rear yard meeting the requirements of this Code. In this case, the required windows will not open onto a space meeting the minimum requirements.

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

Last updated: 11/17/2009 10:00:44 PM