December 12, 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, DECEMBER 12, 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.
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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, December 12, 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.
(GLENN CABREROS)
(SHELLEY PERDUE)
PARKING VARIANCE SOUGHT: 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.
(SHELLEY PERDUE)
Rear Yard and Non-Complying Structure Variance: The proposal is to
construct an approximately 8.5' deep by 4.5' wide two-story horizontal addition at the rear of the two-story single-family house. The addition will fill in an existing side setback adjacent to the south property line.
Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 24' in depth; however, the existing rear yard is approximately 17' in depth. The proposed addition will encroach approximately 7' into the required rear yard, but will not exceed the existing depth of the building.
Section 188 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 it already encroach into the required rear yard.
Therefore, the proposed expansion would be contrary to Section 188.
(ELIZABETH WATTY)
Rear Yard and Noncomplying Structure Variances: The proposal is to construct a one-story addition with a roof deck to the rear of the existing two-story, single-family residence. The existing single-family dwelling is a noncomplying structure, seeing as the rear portion – which spans approximately half of the width of the lot – encroaches into the required rear yard. This proposed one-story addition will be adjacent to the noncomplying two-story portion of the dwelling, but will not encroach beyond the noncomplying rear building wall. The proposed one-story addition will create a uniform rear building wall at the ground-floor level.
Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 24-feet in length, measured from the rear property line. The existing dwelling encroaches into this required rear yard by approximately 10-feet. The proposed addition will be one-story in height and will encroach 10-feet into the required rear yard. This encroachment 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 noncomplying portion of the single-family dwelling by expanding the rear of the ground-floor level. The proposed modification to the existing noncomplying structure is contrary to Section 188 and requires a noncomplying structure variance.
(BEN FU)
REAR YARD VARIANCE SOUGHT: The proposal is to reconstruct an existing rear deck and stairs constructed without the benefit of permit.
Planning Code Section 134(a)(2) requires the minimum rear yard depth in a 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 25 feet. The subject property has an existing rear yard of approximately 11 feet between the existing deck/stairs and the garage located in the last 25 feet of the property.
Planning Code Section 188 further prohibits intensification or increase in any discrepancy at any level of a non-complying structure. The subject property is non-complying in terms of rear yard due to the location of the garage and the distance between the garage and the rear stairs/deck.
(TIM FRYE)
EXPOSURE VARIANCE SOUGHT: The proposal is to construct a vertical and horizontal addition to relocate the existing residential unit in a new vertical addition and rehabilitate the existing front structure into commercial space. The façade of the existing front building will not be altered.
Section 140 of the Planning Code requires that at least one room of at least 120 square feet must face one of the following open areas: a public street or alley of at least 25 feet in width, a code complying rear yard, or an inner court measuring at least 25 feet in every direction. There are two buildings located on the lot. The rear building currently does not meet the minimum Code requirement for dwelling unit exposure. The proposal includes a expanding the front building towards the rear property that will further reduce the rear building exposure, thereby intensifying an already non-complying situation.
B. REGULAR CALENDAR
7. 2007.0763V: 2156 - 58 BUSH STREET, north side between Fillmore and Webster Streets; Lot 013 in Assessor's Block 0660, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The existing building is situated on a through lot with frontages on both Bush and Wilmot Streets.
Rear Yard, Dwelling Unit Exposure and Non-Complying Structure Variances: The existing single-family building (2 stories over basement portion on Bush Street and 1-story portion on Wilmot Street) occupies the entire length (approximately 127 feet) of the lot. A previous Variance (Case No. 2005.0523V) was granted to demolish and rebuild an area (approximately 21 feet by 11 feet) one-story tall with roof deck and stairs on the east side of the property; to demolish the entire 45-foot rear portion of the building which fronts on Wilmot Street, and to construct a new two-story single-family building (approximately 25 feet wide by 33 feet deep by 22 feet tall) fronting on Wilmot Street. A 12-foot deep courtyard extending across the entire width of the lot would separate the front building and the new rear building. The project would include the addition of a second dwelling unit within the new structure fronting on Wilmot Street. The proposal under this Variance application is similar to the proposal approved under Case No. 2005.0523V, but with the request to construct an additional floor at the building that fronts Wilmot Street, resulting in a three-story, single-family building (approximately 25 feet wide by 33 feet deep by 34 feet tall).
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, which requires a minimum rear of approximately 57 feet. A 16-foot portion of the front building (fronting Bush Street) and the entire new rear building will be within the required rear yard. Alternatively, the rear yard may also be averaged to allow a 25-percent rear yard between the structures facing opposite ends of the lot. Per the rear yard averaging method, a 32-foot deep rear yard between the existing residence and the proposed structure would be required; however a 12-foot deep rear yard (courtyard) is proposed between the structures.
Section 140 of the Planning Code requires that every dwelling unit in any use district shall face directly on an open area, such as a public street, a public alley or courtyard at least 25 feet in width. The new dwelling unit in the rear building will face Wilmot Street, a public alley, which is only 20 feet in width.
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 additions of a rear unit (facing Wilmot Street), and the replacement of the 12-foot by 7-foot portion of the main building 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.
(SHARON YOUNG)
8. 2007.1016V: 2613 SUTTER STREET, south side between Baker and Lyon Streets, Lot 031 in Assessor's Block 1074 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 to construct a one-story horizontal extension with roof deck above at the rear of the two-story, single-family dwelling. The subject building is located at the rear of the lot and an existing two-family dwelling is located at the front of the lot. The existing rear yard for the rear building is 6 feet in depth. The proposed one-story horizontal extension with roof deck above (approximately 12.5 feet wide by 6 feet deep by 12 feet above grade) will abut the south and west property lines and extend entirely into the west side of the required rear yard.
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, with a lot depth of 137.5 feet, has a required rear yard of approximately 34.5 feet. The proposed one-story horizontal extension with roof deck above will extend entirely 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.
(JONAS IONIN)
9. 2007.1251V: 1560 HAIGHT STREET, north side between Clayton and Ashbury Streets, Lot 016, Assessor's Block 1231, located in the Haight Street Neighborhood Commercial District and in a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to enlarge the ground floor of the existing three-story residential-over-commercial building into the required rear yard. The existing building is approximately 76.5 feet deep and the proposal would add approximately 44 feet to the depth of the ground floor retail establishment.
Planning Code Section 134 requires a rear yard at grade level equal to 25 percent of the lot depth, but no less than 15 feet whichever is greater. The subject property has a depth of 137.5 feet and requires a rear yard depth of 34.5 feet measured from the rear property line. The proposal would encroach approximately 18 feet into the required rear yard.
(SHELLEY PERDUE)
Rear Yard and Non-Complying Structure Variance: The proposal is to construct an approximately 21' deep by 21' wide vertical addition on the roof of the existing garage located in the west yard of the two-story single-family house. The addition will be a metal-framed, glass-walled conservatory structure.
Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 26' in depth; however, the existing rear yard is approximately 17' in depth. The proposed addition will encroach approximately 9' into the required rear yard, but will not exceed the existing depth of the building.
Section 188 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 it already encroach into the required rear yard. Therefore, the proposed expansion would be contrary to Section 188.
(CHRISTINE LAMORENA)
Off-street Parking Variance: The proposal is to legalize a fourth dwelling unit on the ground floor of an existing three-level, three-family dwelling without an independently accessible parking space.
Section 151 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 fourth dwelling unit.
(CHRISTINE LAMORENA)
Rear Yard and Noncomplying Structure Variances: The proposal is to construct a new rear addition to the existing 3-story, single-family dwelling. The new 2-story addition (approximately 6 feet wide by 24 feet deep) to the main building will align with the existing adjacent rear building wall, decreasing the depth of the existing open space between the main building and the detached garage from 11 feet to 7 feet. The proposal will also involve the removal and replacement of the existing detached garage at the ground level with a roof deck above. The new garage and roof deck (approximately 21 feet wide by 20 feet deep) will be 2 feet narrower than the existing garage.
Section 134 of the Planning Code requires a rear yard area in an RM-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, which is located on a corner lot, has a lot depth of 100 feet. Using averaging, the required rear yard of the property is approximately 28 feet. The proposed addition, garage and roof deck would be located within the required rear yard, extending to the rear property line.
Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure. Because the existing garage already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed construction of a new rear addition, garage, roof deck and stair would be contrary to Section 188 of the Planning Code.
(RICK CRAWFORD)
Parking Variance: The proposal is to legalize a second dwelling unit in the building that was developed without benefit of a permit. The project does not involve any expansion of the existing building but would not provide an off-street parking space for the legalized dwelling unit.
Section 151 of the Planning Code requires 1 off-street parking space for the legalized dwelling unit where no off-street parking space is proposed.
(ADRIAN PUTRA)
OFF-STREET PARKING VARIANCE SOUGHT: The proposal is create a second unit at the ground floor level, while continuing to provide one off-street parking space for the subject building.
Section 151 of the Planning Code requires that the subject property maintain one off-street parking space for each dwelling unit. The subject building currently has one dwelling unit and one off-street parking space. The proposal is to add another dwelling unit at the ground of the subject building, while not providing an additional off-street parking space for the new dwelling unit, thereby resulting in a two-unit building with one off-street parking space.
(ERIKA JACKSON)
REAR YARD AND MASS REDUCTION VARIANCES SOUGHT: The proposal is to infill the area under the existing second floor in the rear, and rebuild and reduce the existing rear deck and stairs. The proposed ground floor infill addition will add approximately 480 square feet to the existing building and will include one bedroom and a full bathroom.
Planning Code Section 242(e)(2) establishes a rear yard requirement of 35 percent of lot depth in a Bernal Heights RH-1 District. The required rear yard is 24'-6 . This Code Section also establishes that any part of the front setback exceeding 5 feet may be applied to the amount required for satisfying the rear yard requirements. The front yard setback is approximately 9 feet. Therefore, the required rear yard is approximately 28 feet. The rebuilt rear deck and required firewall extend into the required rear yard.
Planning Code Section 242(e)(3) requires a 650 square foot reduction from the maximum permissible building height and lot coverage on lots less than 100 feet in depth. The subject property is providing a mass reduction of 152 square feet. The area proposed for infill under the existing second floor in the rear would not be able to count towards mass reduction.
(MICHELLE GLUECKERT)
Parking Variance: The proposal is to construct a two-story rear horizontal addition to the existing single-family home. One off-street parking space currently exists at the site and no additional parking spaces are proposed.
Planning Code Section 242(e)(4) (A)(iv) states that if one or more alterations add over 400 square feet of usable floor area and the total usable floor area is over 2,250 square feet, a total of three parking spaces is required, and one additional parking space is required for each additional 1,000 square feet. The proposal would require a total of four off-street parking spaces. The proposal is to maintain the one existing parking space and not to provide any additional spaces.
(MICHELLE GLUECKERT)
Parking and Open Space Variance: The proposal is to convert the existing basement into a dwelling unit, for a total of three dwelling units on the site. No expansion of the existing building envelope is proposed.
Planning Code Section 151 requires that one off-street parking space be provided for each dwelling unit. The proposal is to maintain the existing two off-street parking spaces. The required third parking space will not be provided.
Planning Code Section 135 requires that 399 square feet of common usable open space be provided for three dwelling units in an RH-3 district. The existing open space on the lot, which does not meet the minimum dimensions, is approximately 365 square feet. No additional open space is proposed.
(TIM FRYE)
REAR YARD & EXPOSURE VARIANCES SOUGHT: The proposal is to construct a vertical addition on the existing garage structure located at the rear of the property to create a second dwelling unit. The front portion, facing Folsom, currently contains one dwelling unit.
Section 134(c)(4)(C) of the Planning Code states that as a through lot, the subject property may locate the required rear yard in between the two structures on a lot only if both adjacent lots are also through lots and each contain two dwellings that front at opposite ends of the lot according to an established pattern. The adjacent lots contain a structure facing Folsom Street and garage structures facing Horace Alley. The subject lot will require a rear yard variance to construct a vertical addition to create a residential unit above the garage structure located in the rear yard setback.
Section 140 of the Planning Code requires that at least one room of at least 120 square feet must face one of the following open areas: a public street or alley of at least 25 feet in width, a code complying rear yard, or an inner court measuring at least 25 feet in every direction. Horace Alley is 15' in width and construction of a rear addition on the structure facing Folsom Street will reduce the space between the two structures to 24'-9 , which does not meet any of the above requirements for open areas.
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:
- respond to statements made or questions posed by members of the public; or
- request staff to report back on a matter at a subsequent meeting; or
- direct staff to place the item on a future agenda. (Government Code Section 54954.2(a))
ADJOURNMENT
