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, March 26, 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.

(CHRISTINE LAMORENA)

1. 2008.0096V: 2904 BUSH STREET, on the north side between Presidio Avenue and Lyon Street, Lot 011 in Assessor's Block 1046 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Non-Complying Structure Variances: The proposal is to construct a one-story infill addition (approximately 9 feet deep by 11 feet wide) in the existing notch on the east side at the rear of the two-story over garage, single-family dwelling. The proposal also includes a roof deck over the addition with stairs to grade.

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 25 feet. The proposed rear addition would extend approximately 3 feet into the required rear yard and the proposed stairs another 3 feet into the required rear yard area.

Section 188 of the Planning Code prohibits the intensification of any non-complying structure. The rear wall of the project is proposed to align with the non-complying portion of the existing rear wall, which was originally constructed approximately 3 feet into the required rear yard and is a legal non-complying structure. The addition is therefore contrary to Section 188.

(CHRISTINE LAMORENA)

2. 2008.0199V: 662-664 ARGUELLO BOULEVARD, on the east side between Edward and Balboa Streets, Lot 023 in Assessor's Block 1141 in an RM-2 [Mixed (Apartments and Houses), Medium Density] Zoning District and a 40-X Height and Bulk District.

Rear Yard and Non-complying Structure Variances: The proposal is to replace existing stairs at the rear of the two-story over garage, two-family building. The new stairs would be approximately 7 feet deep by 13 feet wide and includes a fire-wall at the northern property line.

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 required rear yard for the subject property is 45 feet. The proposed stairs would encroach approximately 7 feet into the required rear yard, thereby providing a rear yard at this area that measures approximately 38 feet.

Section 188 of the Planning Code prohibits the expansion or replacement of a non-complying structure. Because the existing stairs already encroach into the required rear yard, they are considered a legal non-complying stairs. Therefore, the proposed construction of the new stairs and fire-wall would be contrary to Section 188 of the Planning Code.

(SHARON YOUNG)

3. 2007.1274V: 830 - 832 COLE STREET, east side between Frederick and Carl Streets, Lots 053 and 054 in Assessor's Block 1268 in an RH-3 (House, Three-Family) Zoning District and a 40 X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is the removal and replacement of an existing deck and exit stairs at the rear of the three-story, two-family dwelling. The proposed rear deck and exit stairs (17 feet wide by 17 feet deep by 4.5 feet above grade on the first floor level and 15.5 feet wide by 14 feet deep by 16.5 feet above grade on the second floor level) are set back approximately 5 feet from the north property line and 3.5 feet from the south property line. The existing rear yard is 27 feet on the north side of the lot and 24 feet on the south side of the lot. The footprint of the proposed rear deck and exit stairs will remain the same as that of the existing rear deck and exit stairs.

Section 134 of the Planning Coderequires 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 130.6 feet, has a required rear yard of approximately 33 feet. The proposed rear deck and exit stairs will extend approximately 5.5 feet to 8.5 feet 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.

(MICHAEL SMITH)

4. 2007.1145V: 389 27^TH STREET, south side between Church and Sanchez Streets; Lot 034 in Assessor's Block 6592 in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to enlarge the detached garage located at the rear of the property. A horizontal addition that measures 16' in depth and 1.5' in width would be constructed at the east side of the structure and the sloped roof on the garage would be removed and replaced with a flat roof that would increase the building height from 11'-9 to 12'-3 above grade.

Section 134 of the Planning Code requires that the subject property maintain a minimum rear yard that measures approximately 47'-3 in length, measured from the rear property line. The proposed addition would increase the height and enlarge the footprint of the detached garage that extends to within approximately 6' of the rear property line encroaching 41'-3 into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the garage is already encroaching into the required rear yard, it is a legal noncomplying structure. Therefore its expansion, as proposed, is contrary to section 188 of the Code.

(MICHAEL SMITH)

5. 2007.0847V: 1101 DIAMOND STREET, southeast corner at Clipper Street; Lot 034 in Assessor's Block 6555 in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a Code complying one-story vertical addition and a one-story horizontal addition that extends to the rear property line. The horizontal addition would be constructed below grade with usable open space on the roof. The addition would house two off-street parking spaces to be accessed from Clipper Street.

Section 134 of the Planning Code requires that the subject property maintain a minimum rear yard that measures approximately 29'-6 in depth, measured from the rear property line. The proposed addition would extend to the rear property line, encroaching 29'-6 into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the rear portion of the existing building is already encroaching approximately 11' into the required rear yard, it is a legal noncomplying structure. Therefore its expansion, as proposed, is contrary to section 188 of the Code.

(BRITTANY BENDIX)

6. 2008.0112V: 418 EUGENIA STREET, on the southwest corner of Eugenia Avenue and Bonview Street; Lot 001 in Assessor's Block 5669 in an RH-1 (Residential, House, Single-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a 3-story, rear, horizontal addition in the southwest corner of the existing building.

Planning Code Section 242 requires that the subject dwelling unit is not deeper than 45.5 feet as measured from the front property line and that the remainder of the lot is used as rear yard area. Portions of the first, second and third floors of the existing dwelling already extend 7.5 feet into the required rear yard. The proposal would convert the existing exterior stairwell at the first and second stories into interior usable floor area. The proposal would also include a horizontal addition on the third story that is 15-feet wide, 13-feet deep, and extend 3.5-feet into the required rear yard area.

B. REGULAR CALENDAR

(GLENN CABREROS)

7. 2007.1358V: 2849 PACIFIC AVENUE, on the south side of Pacific Avenue between Divisadero and Broderick Streets; Lot 020 in Assessor's Block 0977 in an RH-1(D) (Residential, House, One-Family, Detached) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Noncomplying Structure Variances: The proposal is to construct a deck along the rear wall of the single-family residence and a new roof terrace over the existing detached garage structure within the rear yard area. The rear deck and roof terrace are proposed to be connected by stairs bridging the two structures. Stairs are also proposed at the east side of the garage from the roof terrace to grade. The project includes a side horizontal addition along the southwest notch of the existing residence; however only the roof terrace over the garage and both stair structures are within the required rear yard area.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 32 feet deep. The existing garage measures approximately 24 feet deep by 20 feet wide and is completely within the required rear yard area. The proposed roof terrace over the garage, the stairs along the east façade of the garage and approximately 8 feet of the stairs which rise up to the rear deck proposed along the rear wall of the residence are within the required rear yard.

Section 188 prohibits the intensification of any noncomplying structure. The roof terrace and both stair structures would be built onto the garage structure, which was originally constructed completely within the required rear yard and is a legal noncomplying structure. The proposed alterations are therefore contrary to Section 188.

(AARON STARR)

8. 2008.0124V: 762 CLAYTON STREET, east side between Waller and Frederick Streets; Lot 094 in Assessor's Block 1254, in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD & NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to alter the roofline in order to create habitable space at the fourth floor. The proposal includes adding a cluster of wall dormers at the north side of the roof that are set back approximately 24.5' from the front facade, and removing the last 19' of the pitched roof at the rear of the building and replacing it with enclosed space and a roof deck. The rear wall of the 4th floor will be setback approximately 12' from the existing rear building wall and have an approximately 7.5' setback at the north side property line and an approximately 3' set back at the south side property line.

Section 134(c)(1) of the Planning Code requires that the last 10 feet of building depth shall be limited to a height of 30 feet, when the required rear yard line is determined by averaging the adjacent rear wall depths. The proposed addition will be within 8' of the required rear yard line, or 2' deeper than permitted.

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.

(SARA VELLVE)

9. 2007.1138V: 1016 – 1018 LOMBARD STREEET, on the north side between Hyde and Leavenworth Streets; Lot 008 in Assessor's Block 0068 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Parking Variance: The proposal is to add one new dwelling unit to the structure without the one off-street parking space required by the Planning Code. The new unit would increase the number of units in the building from two to three. The unit would be incorporated into the existing building footprint. There is no parking on the site for the existing two units.

Section 151 of the Planning Code requires that each new dwelling unit provide one off-street parking space. The proposal does not include the required off-street parking space.

(SOPHIE MIDDLEBROOK)

10. 2007.0817V: 496 ALVARADO STREET (947 Noe Street), northeast corner of Alvarado Street and Noe Street , Lot 018 in Assessor's Block 3626 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 garage structure within the required rear yard for the subject lot. The proposed new garage provides three off-street parking spaces and fronts along Alvarado Street. The proposed garage includes a roof deck accessible from the second story of the existing residential structure, which fronts along Noe Street.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 47' in length. The proposed new garage structure will cover the length of the lot along Alvarado Street, and will maintain a rear yard that measures approximately 26' in length and 10' in width along the north side of the subject property.

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 residential structure encroaches into the required rear yard constitutes a non-complying structure within the required rear setback, leaving a rear yard that measures approximately 33' along Alvarado Street. As proposed, the new garage structure would increase the discrepancy between the existing building and the standards of the Planning Code.

(SHARON LAI)

11. 2008.0046V: 251 ROOSEVELT WAY (251-253 Roosevelt Way), on the south side of Roosevelt Way, at the southeast quadrant of Roosevelt Way and 15^th Street; Lot 050 in Assessor's Block 2614 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard and Non-Complying Structure Variances: The proposal is to legalize a variance for a rear upper level deck enclosure that was built without benefit of permit. The enclosure resulted in an increase of habitable area within the required setback, without increasing the footprint of the structure.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 52 feet in depth. The existing one-unit building has a non-conforming rear yard setback of approximately 41 feet. The proposed enclosure will not expand the previously existing rear deck however it will convert it to habitable space. This rear setback encroachment requires a variance from Planning Code Section 134.

Section 188 of the Planning Code does not permit the modification of a non-complying structure. The existing residence is a non-complying structure because it encroaches into the required forty-five percent (45%) rear yard setback. The proposed rear upper level enclosure will intensify the existing non-conformity. Modifying a non-complying structure is contrary to Section 188, thus the proposal requires a non-complying structure variance.

(CECILIA JAROSLAWSKY)

12. 2007.1439V: 61 POND STREET, on the east side, between 16^th and 17^th Streets; Lot 55 in Assessor's Block 3564 in an RH-2 (House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to demolish rear stairs and deck, approximately 20-foot wide by 11-feet deep, of a two-family structure and construct new rear stairs and decks at three levels.

Section 134 of the Planning Code requires a minimum rear yard of 10 feet, where 0 has been proposed; therefore, the construction of the rear stairs and decks would be contrary to Section 134 and would require a Variance.

(SOPHIE MIDDLEBROOK)

13. 2007.0024V: 1074 GUERRERO STREET, on the west side of Guerrero Street, between

2007.0025V 22^nd and 23^rd Streets; Lot 038 in Assessor's Block 3632 in an RM-1

2007.0026V (Residential, Mixed, Low Density) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct two new structures on the through-lot: a two-family residential unit with two off-street parking spaces facing Guerrero Street, and a single family dwelling with one off-street parking place facing Ames Street. The project proposal includes maintaining an open space that measures approximately 21' in length at the mid-block, between the proposed new structures.

Section 134 of the Planning Code requires a rear yard for properties within the RM-1 district that measures 45% of the depth of the lot. The required rear setback for each of the two new buildings included in the proposal is approximately 53' in length. The proposed project, including the two new buildings at each end of the lot, would encroach 32' into the required rear yard.

The proposed subject buildings are one component of a project that includes existing Assessor's Lots 038, 039, and 040, and to construct three 2-unit residential buildings at the front of the three lots facing Guerrero Street, and three single-family residential buildings at the rear of the combined lots facing Ames Street. In total, the proposed project includes six building and nine dwelling units.

(JIM MILLER)

14. 2007.1257V: 331 FILBERT STREET, south side between Montgomery Street and Telegraph Hill Boulevard, Lot 045 in Assessor's Block 0105 in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to legalize a rear solarium (greenhouse window structure) on the fourth floor at the rear of a three-unit residential building. The existing building has a legal, non-complying rear yard of nine feet, six inches, when the Planning Code would require a minimum rear yard depth of 15 feet. Therefore, the proposed building feature is in a portion of the building that already extends into the required rear yard.

Section 134 of the Planning Code sets forth standards for rear-yard areas. The subject property, which is 50 feet in total depth, is required to have a rear yard of 15 feet deep, open and clear from the ground up. Both of the adjoining properties have buildings extending beyond the rear wall of the subject building.

Per Section 311 of the Planning Code, this proposal is also subject to a 30-day notification to occupants and owners within 150-feet of the subject property. The mailing of such notification will be done separately.

(KEVIN GUY)

15. 2007.1105V: 1075-1077 Vallejo Street, between Jones and Taylor Streets; Lot 016

Assessor's Block 0150 in the RH-2 Zoning District and the 40-X Height a Bulk District.

Rear Yard Variance: The proposal is a one-story, ten-foot vertical addition to the existing two-story building which currently extends into the required rear yard on the subject site.

Section 134 of the Planning Code requires an approximate 31-foot rear yard on the subject site. The overall addition will measure approximately 49 feet horizontally and 10 feet vertically. The addition will be set back 12 feet from the existing front elevation and 8 feet from the rear property line, thereby extending approximately 23 feet into the required rear yard. The subject building was constructed before zoning controlsestablished and regulated minimum rear yards, thus making the building legally non-conforming in regards to rear yard requirements. Any additions to the portion of the building within the required rear yard require a variance.

Section 188 of the Planning Code prohibits an expansion of a non-complying structure that would increase its non-conformity with the provisions of the Planning Code. Because a portion of the existing structure is already located in the rear yard, it is considered a legally non-complying structure. The proposed expansion, with the construction of a new third-story within a portion of the required rear yard, would be contrary to Section 188 of the Planning Code, and thus requires a variance.

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