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, February 27, 2008, 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)

1. 2007.1152V: 159 DOWNEY STREET, on the west side of Downey Street, between Frederick and Ashbury Streets; Lot 101 in Assessor's Block 1269 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Non-Complying Structure Variances: The proposal is for a three-story, side addition along the south façade of the existing three-story, single-family residence and a vertical expansion in which the gabled roof at the rear of the building would be altered to a flat roof allowing the existing attic space to be converted into habitable rooms. The side addition would infill an existing notch that measures approximately 10 feet deep by 4 feet wide at the rear of the building along the south property line. The vertical expansion would alter the last 39 feet of the gabled roof to a flat roof; however only the last 6 feet requires a variance.

Section 134 of the Planning Code allows a required rear yard based on the average of the adjacent building depths, with a minimum rear yard depth of 25 percent of the lot depth or 15 feet, whichever is greater. Based on averaging, the required rear yard for the subject lot is approximately 26 feet. The existing building was originally constructed approximately 6 feet beyond the required rear yard line, thus a non-complying structure. The proposed side addition and vertical expansion would project approximately 6 feet into the required rear yard area.

Section 188 prohibits the intensification of any noncomplying structure. The rear wall of the project is proposed to align with the noncomplying portion of the existing rear wall, which was originally constructed approximately 6 feet into the required rear yard and is a legal noncomplying structure. The addition is therefore contrary to Section 188.

(GLENN CABREROS)

2. 2007.0710V: 2711 SCOTT STREET, on the west side of Scott Street, between Green and Vallejo Streets; Lot 003 in Assessor's Block 0953 in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a three-story addition at the rear of the three-story over garage, single-family residence. The addition would infill an existing notch that measures approximately 15 feet deep by 23 feet wide at the rear of the building.

Section 134 of the Planning Code requires that the subject property maintain a rear yard equal to 25 percent of the total lot depth. The required rear yard for the subject lot is 27 feet 6 inches in depth. The proposed addition would encroach approximately 3 feet 6 inches into the required rear yard, thereby providing a rear yard that measures approximately 24 feet in depth.

(CHRISTINE LAMORENA)

3. 2007.1375V: 612-614 FILLMORE STREET, on the east side between Hayes and Fell Streets, Lot 020 in Assessor's Block 0821 in an RM-1 [Mixed (Apartments and Houses), Low Density] Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct new stairs at the rear of the second-story of the existing four-story, two-family dwelling. The proposal is to construct a new spiral staircase approximately 6 feet wide by 6 feet deep by 21 feet high to connect the second-story rear deck to the rear yard.

Section 134 of the Planning Code requires a rear yard area in an RM-1 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 has a lot depth of 76 feet. The required rear yard for the subject property is 15 feet. The new stairs would be located approximately 12 feet from the rear property line.

(CHRISTINE LAMORENA)

4. 2007.1421V: 1676 UNION STREET, on the north side between Gough and Franklin Streets, Lot 009 in Assessor's Block 0528 in the Union Street Neighborhood Commercial Zoning District and a 40-X Height and Bulk District.

Rear Yard and Noncomplying Structures Variances: The proposal is to replace two decks at the rear of the existing three-level, three-family dwelling. The proposal will involve the removal of the existing cantilevered rear decks, both approximately 6 feet deep by 19 feet wide. The two new decks will be the same dimensions as the existing decks, but will include structural posts to grade.

Section 134 of the Planning Code requires a rear yard area at the second story and at each succeeding story of a building as well as the first story if it contains a dwelling unit in the Union Street Neighborhood Commercial Zoning District. The rear yard shall be equivalent to 25 percent of the total lot depth or 15 feet, whichever is greater. The subject property has a lot depth of approximately 113 feet. The required rear yard for the subject property is approximately 28 feet. The new rear decks and posts would encroach approximately 3 feet into the required rear yard.

Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure. Because the existing decks already encroach into the required rear yard, they are considered legal noncomplying structures. Therefore, the proposed construction of two new decks would be contrary to Section 188 of the Planning Code.

(JONAS IONIN)

5. 2007.1476V: 859-865 MASONIC AVENUE, west side between Hayes and Fell Streets, Lot 034, Assessor's Block 1209, located in an RH-3 (Residential House, Three-Family) District and in a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCE SOUGHT: The proposal is to construct a horizontal addition on the second level with a roof deck above on the north side and decks and stairs at the first, second and third levels on the south side of the existing four-unit building. The proposed additions would encroach approximately 6'-6 into the required rear yard, but align with the existing rear building wall.

Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth in RH-3 Districts. Pursuant to Section 134(c) the rear yard may be reduced to a depth equal to the average depth of the adjacent buildings, but no less than 25 percent or 15 feet, whichever is greater. The required rear yard is 32 feet. A rear yard of approximately 25'-6 is provided.

Planning Code Section 188 does not allow the alteration of an existing non-complying structure. Because the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure. Therefore, the proposed horizontal additions would be contrary to Section 188.

(AARON STARR)

6. 2007.1376V: 100 BELGRAVE AVENUE, on the north side of Belgrave Avenue, at the corner of Belgrave Avenue and Shrader Street; Lot 023 in Assessor's Block 1289 in an RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Non-Complying Structure Variances: The subject single-family, 3-story building is located on an angled, corner lot. The proposal is to extend an approximately 11' wide portion of the rear, east side of the second floor, which includes a bay window, 3' toward the side property line, and to enclose an approximately 13.5' wide by 5.5' deep portion of the roof terrace at the north side of the third floor.

Section 134 of the Planning Code requires the subject building to have a rear yard equal to 15', adjacent and parallel to Shrader Street. The proposed additions will be located entirely within the required rear yard.

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 and side yard setbacks. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

(SOPHIE MIDDLEBROOK)

7. 2008.0127V: 601 DOLORES STREET, southeast corner of Dolores and 19^th Streets , Lot 060 in Assessor's Block 3598 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to convert the existing church building into a single-family dwelling with three off-street parking spaces. The proposed project includes seismic upgrades and only minimal changes to the exterior of the subject building.

Section 134 of the Planning Code requires that a residential dwelling on the subject lot maintain a rear yard that measures approximately 51' in length. Since a residential unit is proposed in the existing structure – even though there are no changes proposed to the building's envelope – a variance is required. The existing church building has a rear yard that measures approximately 6' in length. The proposed residential dwelling would maintain the existing 6' rear yard.

(ADRIAN PUTRA)

8. 2007.1440V: 541 DARIEN WAY, on the north side of Darien Way, between San Benito Way and San Aleso Avenue; Lot 010 in Assessor's Block 3260 in an RH-1(D) (Residential, House, Single-Family, Detached) and a 40-X Height and Bulk District.

SIDE YARD VARIANCE SOUGHT: The proposal is to construct a rear addition above the one-story wing of an existing, non-complying single-family dwelling.

Section 133 of the Planning Code requires that the subject property maintains a 4 foot side yard setback. The proposed rear addition will have a 3 feet side yard setback to match the existing 3 feet side yard setback of the structure, where a 4 feet side yard setback is required.

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 subject dwelling constitutes a non-complying structure within the required side yard with an existing side yard setback of 3 feet, where 4 feet is required. The addition would match the existing 1 foot discrepancy between the subject building and the standards of the Planning Code.

(MICHAEL SMITH)

9. 2007.1155V: 530 CRESTLAKE DRIVE, north side between Wawona and Yorba Streets; Lot 008 in Assessor's Block 2499A in an RH-1(D) (Residential, House, One-Family[Detached]) Zoning District and a 40-X Height and Bulk District.

Side Yard Variance: The proposal is to construct an 8' deep rear horizontal addition and a one-story vertical addition at the southern half of the roof. The addition would maintain the existing legal noncomplying side yard situation.

Section 133 of the Planning Code requires a minimum side yard depth of approximately five-feet measured inward from the side property lines. The proposed addition would extend to within approximately 4' of the east side property line and 3' of the west side property line, encroaching 1' and 2' into the respective required side yard.

(MICHAEL SMITH)

10. 2007.1392V: 275 DIAMOND STREET, east side between 19^th and 20^th Streets; Lot 008 in Assessor's Block 2697 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a second floor deck at the rear of the building.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 56' in length. The proposed new deck encroaches approximately 8' into the required rear yard, thereby providing a rear yard that measures approximately 48' in length.

Section 188 of the Planning Code prohibits the enlargement of a noncomplying structure. Because the rear of the existing building already encroaches 1' into the required rear yard, the building is considered a legal noncomplying structure. Therefore, the enlargement of the noncomplying portion as proposed would be contrary to Section 188.

(TOM WANG)

11. 2007.1459V: 2980 24^TH AVENUE, on the east side of 24^th Avenue between Ocean Avenue and Sloat Boulevard; Lot 008 in Assessor's Block 7207 in an RH-1(D)(Residential, House, One-Family, Detached Dwelling) District and a 40-X Height and Bulk District.

Side yard Variance: The proposal is to expand the kitchen on the first floor of the existing two-story, single-family dwelling.

Section 133(a)(4) of the Planning Code requires two side yards each of four feet for lots with a width of 40 feet or more but less than 50 feet, such as the subject lot. The proposed kitchen expansion would be within three feet of the south side lot line, encroaching one foot into the required south side yard.

Section 188 of the Planning Code prohibits the enlargement or alteration to a noncomplying structure. Since the existing dwelling, including the kitchen, already encroaches into the required south side yard, it is considered a legal noncomplying structure. Therefore, the proposed kitchen expansion would result in the enlargement of a noncomplying structure.

(TOM WANG)

12. 2007.1400V: 56 SURREY STREET, on the northeast side of Surrey Street between Castro and Diamond Streets; Lot 047 in Assessor's Block 6729 in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

Obstructions in Required Front Setback Variance: The proposal is to extend the existing single-family dwelling's garage by three feet to the front property line and replace the current garage roof by a roof deck with a stairway connecting to the first floor.

Section 136(c)(28) of the Planning Code allows garages to be permitted obstructions in the required front setbacks, where both adjoining lots contain a garage structure within the required front setback area on the same street frontage, provided the garage on the subject property does not exceed the average of the two adjacent garage structures in either height above grade or extension into the required setback on the subject lot.

The existing garage is a permitted obstruction in the required front setback on the subject property, but would exceed the average of the two adjacent garage structures in extension into the required front setback by one foot six inches and height by approximately two feet five inches, measured from grade to the proposed roof deck, as a result of the proposed project.

(TOM WANG)

13. 2007.1441V: 117 LOWER TERRACE, on the north side of Lower Terrace, at the intersection of Lower Terrace and Levant Street; Lot 004 in Assessor's Block 2627 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposed work at the rear of the existing two-story, single-family dwelling includes (1) extending the existing upper deck on the second floor laterally towards the east side of the subject lot; (2) building a middle deck on the first floor; and (3) adding a lower deck below the first floor with a height of approximately 4 feet 6 inches above grade. The upper and middle decks would be connected by the existing spiral stairway. The middle and lower decks would be connected by a new stairway.

Section 134(c)(1) of the Planning Code requires a rear yard of approximately 50 feet, measured from the mid-point of the rear property line fronting on Saturn Street, for the subject lot. The proposed upper, middle and lower decks would encroach 14 feet, 18 feet and 28 feet into the required rear yard to within 36 feet, 32 feet and 22 feet of the rear property line, respectively.

(DAN DIBARTOLO)

14. 2007.0944V 1110 TAYLOR STREET, is located at the east side of the street between Sacramento and Clay Streets; Lot 018 in Assessor's Block 0222 in an RM-3 (Mixed, Residential, Medium-Density) District and a 65-A Height and Bulk District.

Rear Yard and Non-Complying Structure Variances: The proposal would add an approximately 160 square foot rear horizontal addition to the structure. The extension would infill under an existing second level cantilevered element of the building and then would extend the rear building wall seven feet into the existing rear open area. The total depth of the addition would be 16'-6 and the width would be 10'-3 at the northern portion of the rear yard open area. The height of the glass and steel glazed rear yard extension would be approximately 10 feet.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 20' in depth. The existing non-complying rear yard area measures 11'-3 in depth with the proposed addition encroaching approximately 7 feet further into the north portion of the rear yard, thereby providing a rear yard that measures 4'-3 in depth.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing structure already encroaches into the required rear yard, it is considered a legal, non-complying structure. The proposal is considered to be an expansion and intensification of a non-complying structure.

B. REGULAR CALENDAR

(CHRISTINE LAMORENA)

15. 2007.1228V: 228-230 LAUSSAT STREET, on the north side between Steiner and Fillmore Streets, Lot 044 in Assessor's Block 0860 in an NC-2 (Small-Scale Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Noncomplying Structure Variances: The proposal is to legalize existing spiral stairs constructed without a permit at the rear of the two-story, two-family dwelling.

Section 134 of the Planning Code requires a rear yard area at the second story and at each succeeding story of a building as well as the first story if it contains a dwelling unit in the NC-2 Zoning District. The rear yard shall be equivalent to 25 percent of the total lot depth or 15 feet, whichever is greater. The subject property has a lot depth of approximately 45 feet. The required rear yard for the subject property is 15 feet. The existing spiral stairs are located in the required rear yard.

Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure. Because the subject property already encroaches 6 feet into the required rear yard, it is considered a legal noncomplying structure. Therefore, the legalization of the spiral stairs would be contrary to Section 188 of the Planning Code.

(AARON STARR)

16. 2007.1344V: 1949 OAK STREET, on the south side of Oak Street, between Shrader and Cole Streets; Lot 028 in Assessor's Block 1226 in an RM-2 (Residential, Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Off-Street Parking Variances: The proposal is to demolish the last 20.5' of the existing structure, construct an approximately 44.5' deep rear addition and to add 3 units to the existing 2-unit building for a total of 5 units in this 3-story building. The first part of the addition will be 3 stories tall and will extend approximately 32.5'into the rear yard, the second portion will be 1 story tall (partially below grade) and extend an additional 12' from the 3-story addition for a total depth of 44.5'. The entire rear addition will be located at the west side property line. The 3-story addition will be set back between 3.5' and 7.5' from the east side property line and the 1-story addition will be set back approximately 12' from the east side property line. The proposal also includes rear access stairs (which includes a fire wall and some enclosed space below the stair case) between the new 3-story addition and the east side property line.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 68.5' in length at the east half of the rear of the property and approximately 47' at the west half of the rear of the property. An approximately 5' wide by 21' deep portion of the addition encroaches into the east side of the rear yard setback, and the rear access stairs, firewall and some enclosed space under the access stairs are located entirely within the east side of the rear yard setback. In addition, a minimal portion(less than 6 ) of the 12', 1-story addition will encroach into the required rear yard at the east side of the property.

Section 151 of the Planning Code requires that the subject property provide a total of 4 independently accessible parking spaces based on the number of new units being added to the building (5 required parking spaces minus 1 existing legal deficiency). The proposal only includes 2 parking spaces.

(RICK CRAWFORD)

17. 2007.1390V: 247 NEY STREETon the north side of Ney Street, between Congdon and Trumbell Streets; Lot 008 in Assessor's Block 5871 in an RH-1 (Residential, House, One Family) Zoning District and a 40-X Height and Bulk District.

Front Setback and Rear Yard Variances: The proposal is to construct a two-story addition to the existing one-story dwelling, that already extends into the front setback and required rear yard, for a total of three stories. The second story will be setback 1 foot from the front property line and the rear of the addition will be setback 4.5 feet from the rear property line.

Section 132 of the Planning Code requires a front setback of 11 feet where a front setback of 1 foot is proposed.

Section 134 of the Planning Code requires a rear yard of 15 feet where a rear yard of 4.5 feet is proposed.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure that increases the structures degree of noncompliance.

(SHARON LAI)

18. 2007.1443V: 500 EUREKA STREET, on the west side of Eureka Street, at the southwest corner of Eureka Street and 22^nd Street; Lot 001 in Assessor's Block 2773 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

FRONT SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to enclose an existing covered front porch within the required front yard setback. The enclosure will result in an increase of habitable area and the reconfiguration of the main entrance.

Section 132 of the Planning Code requires that the subject property maintain a front yard that measures 4 feet, 6 inches in depth. The existing one-unit building has a non-conforming front yard setback of 0 feet. The proposed enclosure will not expand the existing front porch footprint; however it will convert it to habitable space. This front setback encroachment requires a variance from Planning Code Section 132.

(ADRIAN PUTRA)

19. 2007.1341V: 1543 FELTON STREET, on the south side of Felton Street, between Harvard and Oxford Streets; Lot 014 in Assessor's Block 5967 in an RH-1 (Residential, House, Single-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a new 27.5 feet wide by 23.5 feet deep, single-story rear addition with roof deck. The proposal also includes extending the width of an existing, enclosed rear porch on the second story by 5.5 feet.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 25 feet in depth. The proposed addition encroaches 10 feet into the required rear yard, thereby providing a rear yard that measures 15 feet in depth.

(KATE CONNER)

20. 2007.1239V: 91 MIZPAH STREET, east side, between Surrey and Sussex Streets; Lot 017 in Assessor's Block 6710 in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to legalize the rear portion of an existing two-story single-family dwelling. The legalization of the kitchen and bathroom requires a variance as this portion of the building encroaches into the rear yard. The project also includes the new construction of a one story vertical addition, which is code-complying and does not require a variance.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 15' in depth. The kitchen and bathroom encroach approximately 11 feet into the required rear yard, thereby providing a rear yard that measures approximately 4 feet in depth.

Section 188 of the Planning Code does not permit expansion or modification of a non-complying structure. The subject building is considered a legal non-complying structure because the existing rear 11 feet of the dwelling encroaches into the required rear yard.

(EDGAR OROPEZA)

21. 2007.0845V: 239-243 14TH STREET, south side, between Natoma and Minna Street; Lot 058 in Assessor's Block 3548 in an RH-3 (Residential, House, Three-Family) Zoning District and a 50-X Height and Bulk District.

Rear Yard Variance: The project proposes a four-story, 25-foot rear horizontal addition to the existing three-family dwelling.

Section 134 of the Planning Code permits a reduction of the rear yard requirements in the RH-3 (Residential, House, Three-Family) District provided that 25% of the lot depth remains as open space and that the last 10 feet of the building's height remain a 30 feet or lower. In this case the required rear yard depth is 20 feet. The project proposes a rear yard of approximately 19 feet and the last 10 feet of the building height is 40 feet above grade, matching the existing buildings height.

(EDGAR OROPEZA)

22. 2008.0070V: 3362-3372 24TH STREET, on the north side of 24^th Street, between Valencia and Bartlett Streets; Lot 016 in Assessor's Block 3643 in the Valencia Street Neighborhood Commercial District and a 50-X Height and Bulk District.

The project proposal is to construct a one-story detached garage with roof deck.

Section 134 requires that all properties within the Valencia Street Neighborhood Commercial District (NC) provide a rear yard from the second story or at all residential levels and that the minimum rear yard depth shall be equal to 25 percent of the total depth of the lot on which the building is situated. In this case a rear yard of 19 feet is required from the ground story and above. The proposal will result in a courtyard of 8 feet between the existing multi-family dwelling and new garage.

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