May 28, 2008
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, MAY 28, 2008
Session Begins at 9:30 A.M.
Public Hearing
Lawrence Badiner, Zoning Administrator
Lisa Chau, 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, May 28, 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.
(AARON STARR)
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES: The proposal is to create an approximately 5' wide by 10' tall enclosed connection that is partially below grade and has useable open space above between the 4-story, single-family house and the rear yard garage at the west side property line; extend the eastern side of the terrace over the garage toward the eastern side property line to provide more usable open space; and to excavate under the garage to create a storage area.
Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 33' in depth. Approximately 13' of the enclosed connection between the house and the garage will encroach into the required rear yard and the expanded terrace and storage are located entirely within the required rear yard.
Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. The existing garage is considered a legal noncomplying structure because it is located within the required rear yard. Therefore, the proposed expansion would be contrary to Section 188.
(SHARON YOUNG)
2. 2008.0276V: 1733 – 1737 PAGE STREET, south side between Cole and Clayton Streets, Lots 037, 038, and 039 in Assessor's Block 1230 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 the removal and replacement of existing decks and exit stairs at the rear of the three-story, three-family dwelling. The proposal will involve removing existing rear decks and exit stairs (approximately 12.5 feet wide by 8 feet to 12 feet deep by 26 feet above grade) and constructing new rear decks and exit stairs in its place. The new rear decks and exit stairs (approximately 16 feet wide by 8 feet to 16 feet deep by 26 feet above grade) will be set back approximately 1 feet to 3 feet from the west property line and 9 feet from the east property line. Thus, the new rear decks will be 3.5 feet wider and the new exit stairs will be 4 feet deeper than the existing rear decks and exit stairs.
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 an existing rear yard of 57.5 feet. Using averaging, the required rear yard for the subject property is approximately 59.5 feet. Although a portion of the proposed rear decks and exit stairs could extend into the required rear yard as a permitted obstruction, the proposed rear decks and exit stairs extend approximately 6.5 feet deeper into the required rear yard and extend closer than 5 feet to the west property line, contrary to Section 136(c)(25)(B)(ii) of the Planning Code. Section 136(c)(25)(B)(ii) of the Planning Code allows a 12-foot extension which does not exceed the floor level of the second floor of occupancy into the required rear yard if 5-foot side setbacks are maintained on interior side lot lines.
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.
(MARY WOODS)
FRONT SETBACK VARIANCE: The proposal is to remove the existing 15-foot tall chain link fence and gate in the front setback area, and replace it with an approximately 8-foot tall historic ornamental bronze fence and gates from elsewhere on the lot to be relocated in the front setback.
Section 132of the Planning Code requires that the front setback be equal to the average of the two adjacent properties or 15 feet, whichever is less. In this case, the required front setback would be 15 feet. The existing front setback is 10 feet. The fence and gates would be entirely within the required front setback. Section 132(f) of the Planning Code states that only those obstructions specified in Section 136 of the Code shall be permitted in a required front setback. Section 136(c)(16) of the Planning Code states that, within front setback areas, decorative railings and decorative grille work, other than wire mesh, shall be at least 75 percent open to perpendicular view and no more than six feet in height above grade. The overall height of the bronze fence and gates (approximately 4 feet tall) over a solid concrete planter wall (approximately 3 to 4 feet tall) ranges in height from approximately 7 to 8 feet as the sidewalk downslopes westward toward Fillmore Street.
(MICHAEL SMITH)
Section 134 of the Planning Code requires that the subject property maintain a minimum rear yard that measures 25-feet in depth, measured from the rear property line. The proposed addition would extend to within approximately 24-feet of the rear property line encroaching one-foot 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 one-foot into the required rear yard, it is a legal noncomplying structure. Therefore expansion of the noncomplying portion of the building, as proposed, is contrary to section 188 of the Code.
(TOM WANG)
LOT AREA, WIDTH OF LOT FRONTAGE AND REAR YARD VARIANCES SOUGHT: The proposal is to subdivide the subject lot into two separate lots. The subject lot measures 25 feet wide and 125 feet deep, with an area of 3,125 square feet. There are two existing buildings on the lot. A two-story, single-family dwelling (229 Douglass Street) is at the front of the lot. A two-story, single family dwelling (229A Douglass Street), granted under a previous Variance Case No. 2004.1053V, is in the rear of the lot. An existing 9 feet wide driveway along the north side lot line provides vehicular access between Douglass Street and the rear dwelling.
The lot subdivision line would be proposed at a distance of 67 feet from the front property line of the subject lot. As a result, a westerly lot, 25 feet wide and 67 feet deep, would contain the front dwelling (229 Douglass Street) and an easterly lot, 25 feet wide and 58 feet deep, would contain the rear dwelling (229A Douglass Street). The current 9 feet wide driveway would be within the westerly lot, but would be proposed as an easement, granting the easterly lot frontage on Douglass Street and a continued use of the current vehicular access between Douglass Street and the rear dwelling.
Section 121(a) of the Planning Code requires every newly created lot to have and maintain frontage with a minimum width of 16 feet on a public street. The proposed westerly lot would have frontage 25 feet wide on Douglass Street. The proposed easterly lot would have frontage 9 feet wide on Douglass Street, which would be deficient in minimum width of lot frontage.
Section 121(e)(2) of the Planning Code requires a minimum lot area of 2,500 square feet in zoning use districts other than RH-1(D) Districts. The proposed westerly lot would contain 1,675 square feet. The proposed easterly lot would contain 1,450 square feet. Both proposed lots would be deficient in minimum lot area.
Section 134(c) of the Planning Code requires a minimum rear yard depth of 17 feet for the proposed westerly lot and a minimum rear yard depth of 15 feet for the proposed easterly lot. The proposed westerly lot would provide a rear yard depth of 9 feet. The proposed easterly lot would provide a rear yard depth of 4 feet. Both proposed lots would be deficient in minimum rear yard depth.
(ANGELA HEITTER)
6. 2008.0305V: 927-931 GREENWICH STREET, on the south side of Greenwich Street, between Jones Street and Taylor Street; Lots 054-056 in Assessor's Block 0092 in an RM-1 (Low Density Residential, Mixed) Zoning District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCE: The proposal is to increase the height of the building by 2' to provide space for a new garage with up to four off-street parking spaces. The building height, as measured at the front of the building, will increase from 21'-8 to 23'-8 . The project includes installation of a 9'-6 wide garage door opening at the Greenwich Street façade; excavation below the existing basement level; extension of the existing entrance stairs; remodeling of the first floor interior; and the creation of a new curb cut on Greenwich Street.
Section 134 of the Planning Code requires that the subject property maintain a rear yard equal to 45 percent of the total depth of the lot on which the building is situated. Rear yards shall be provided at grade level and at each succeeding level or story of the building. The provisions of Section 134 also limit the rear height of the building to 30 feet. The existing non-complying rear yard measures 7 feet, 6 inches and the existing height at the rear of the building is 26 feet. While the additional 2 feet of height will remain below the 30 feet requirement, the increase in the building envelope created by the additional height does not meet the rear yard setback requirement.
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.
PARKING VARIANCE: The proposal is to alter the façade and add a vertical addition on the rear of the dwelling within the buildable area. The expansion will begin approximately 21' from the front property line and will have a gable roof form.
Section 242 of the Planning Code requires that alterations that add over 400 square feet of usable floor area creating a total usable floor area that exceeds 2,250 square feet shall also provide three off-street parking spaces. The project proposes to add approximately 1,000 square feet in useable floor area for a total of approximately 2,550 square feet. The subject building currently does not provide off-street parking and the proposed project will not add any off-street parking to the site.
(BRITTANY BENDIX)
REAR YARD VARIANCE: The proposal is to demolish the existing rear deck with stairwell, and to construct a new deck with stairwell in the required rear yard area.
Planning Code Section 242 requires the subject property to maintain a rear yard that is 45% of the lot depth, as measured from the rear lot line. The required rear yard for the subject property is 49.5-feet. The proposed deck with stairwell is 22-feet in width, 20-feet in height and would project into the required rear yard by 4-feet, leaving a rear yard of 45.5-feet. The stairwell would require a firewall, 7-feet deep and 23-feet high, to be built along the northern property line, which would also project 4-feet into the rear yard area.
(BRITTANY BENDIX)
REAR YARD AND PARKING VARIANCES: The proposal is to construct a vertical and horizontal addition and to reconfigure the existing deck in the required rear yard area. Additionally, the required two off-street parking spaces will be provided in a tandem arrangement.
Planning Code Section 242(e)(2) requires the subject property to maintain a rear yard of 36-feet. The existing structure encroaches into the required rear yard area by 11.5-feet. A horizontal addition 6.5-feet by 3.5-feet is proposed in the notch along the south side of the lot. This portion of the addition encroaches 2-feet into the required rear yard area. The proposal also includes reconfiguration of the existing deck along the existing rear building wall. The deck will project 4.5-feet from the rear building wall, leaving a rear yard of 20.5-feet.
Planning Code Section 242(e)(4) states that the required parking spaces in RH-2 districts must be independently accessible and not tandem. The project proposal provides two tandem off-street parking spaces.
B. REGULAR CALENDAR
(AARON STARR)
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES: The proposal is to increase the height of an existing 10' wide by 11' deep addition located at the rear, west side of the 2-story, 1-unit building from 1 story to 2 stories in order to add a bathroom at the second floor.
Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 15' in depth. The addition encroaches approximately 7' into the required rear yard.
Section 188 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. Therefore, the proposed expansion would be contrary to Section 188.
(JONAS IONIN)
11. 2008.0225V: 2082-2084 PINE STREET, north side between Buchanan and Laguna Streets, Lot 010, Assessor's Block 0651, located in an RH-2 (Residential House, Two-Family) District and in a 40-X Height and Bulk District.
REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to reconstruct and add new rear stair and landings up to a new fourth floor, relocate a side stair and excavate a subterranean off-street parking garage in the required rear yard of the three-story two-unit building.
Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth in RH-2 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 23'-6 . The stair proposals would encroach fully into the required rear yard and up to the rear property line, while the subterranean garage would encroach approximately 16'-6 into the required rear yard and to within 7'-0 of the rear property line.
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.
(JONAS IONIN)
12. 2007.1452V: 2148 FILBERT STREET, north side between Fillmore and Webster Streets, Lot 048, Assessor's Block 0516, located in an RH-2 (Residential House, Two-Family) District and in a 40-X Height and Bulk District.
REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to legalize decks and exterior stair at the rear of the three-story two-unit building. The proposed addition would encroach approximately 9'-6 into the required rear yard and to within approximately 5'5 of the rear property line.
Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth in RH-2 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 15 feet. The decks and stair extend approximately 9'7 into the required rear yard.
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.
(SHARON LAI)
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES: The project proposes to construct a two story horizontal extension (approximately 475 square feet) to the left (east) side of the existing two-unit building. The proposed construction extends the existing rear building façade, extending to within 6 inches of the left (east) side property line.
Section 134(c)(4)(C) of the Planning Code requires that the subject property maintain a rear yard of 15 feet. The proposed new addition will encroach approximately 14 feet 6 inches into the required rear yard, extending to within 6 inches of the rear property line.
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 15 foot rear yard setback. The proposed two story horizontal extension 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.
(ADRIAN PUTRA)
REAR YARD VARIANCE AND EXPANSION OF A NONCOMPLYING STRUCTURE: The proposal is remove and replace an existing deck and staircase structure at the rear of the subject, two-family dwelling.
Section 134 of the Planning Code requires that the subject property maintains a rear setback of 47 feet, 6 inches. The proposed rear deck and staircase structure will be setback approximately 27 feet from the rear property line.
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 rear yard with an existing rear setback of 31 feet, 6 inches where 47 feet, 6 inches is required.
(ADRIAN PUTRA)
OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to create a new third dwelling unit at the basement level of the subject, two-unit residential building that contains two off-street parking spaces.
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 two dwelling unit and two off-street parking space. The proposal is to add another dwelling unit at the basement level of the subject, two-unit residential building, while not providing an additional off-street parking space for the newly created dwelling unit, thereby resulting in a three-unit building with two off-street parking spaces.
(AARON HOLLISTER)
16. 2008.0221V: 414 VALLEJO STREET, north side of Vallejo Street, between Montgomery and Kearny Streets, Lot 012 in Assessor's Block 0133 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.
REAR YARD VARIANCE: The proposal is a horizontal addition to expand and upgrade a staircase in the required rear-yard setback of the subject property.
Section 134 of the Planning Code requires a 15-foot rear yard setback on the subject site. The existing staircase configuration currently extends three feet into the required rear yard, while the proposed staircase would extend approximately nine feet into the required rear yard setback leaving an approximate 5-foot rear yard setback. The staircase extension will measure approximately 9.5 feet horizontally and 33 feet vertically.
Section 188 of the Planning Code prohibits the expansion or replacement of a non-complying structure. Because the structure already is located in the required rear yard, it is considered a legal non-complying structure. Therefore, the proposed expansion with the construction of new stairs extending further into the required rear yard would be contrary to Section 188 of the Planning Code.
(DIEGO SANCHEZ)
MASS REDUCTION AND PARKING VARIANCE: The proposal is to construct a two story, 1,750 square foot addition to an existing one story building, while providing two off street tandem parking spaces.
Section 242 of the Planning Code requires the reduction of a minimum of 650 square feet of usable floor area, plus a quantity equal to those areas outside of the maximum building envelope. The proposed project does not meet the minimum reduction requirement.
Section 242 of the Planning Code requires three off-street parking spaces when alterations add over 400 square feet of usable floor area and when total usable floor area exceeds 2,250 square feet. The project proposes a 1,750 addition and a total usable floor area of 3,000 square feet. Two off street tandem parking spaces are proposed.
(BRITTANY BENDIX)
LOT WIDTH VARIANCE: The proposal is to subdivide the existing lot, which would create a substandard lot, in regards to width, for the portion of the lot located in the NC-3 zoning district.
Planning Code Section 121 requires that the minimum lot width of any newly created lot be 25-feet. The proposed subdivision would establish a lot, fronting on Mission Street, which is 24-feet wide by 163-feet deep. The lot fronting on Capp Street is 36-feet wide and 82-feet deep and does not require a variance.
(COREY TEAGUE)
PARKING VARIANCE SOUGHT: The proposal is to legalize a 2nd dwelling unit within the existing building, renovate the interior of the existing building within the existing building envelope to repair recent fire damage, and add a rear landing with stairs.
Planning Code Section 151 requires 1 independently accessible off-street parking space for each dwelling unit in the RH-2 Zoning District. The proposal provides only 1 off-street parking space for the 2 proposed dwelling units.
(COREY TEAGUE)
REAR YARD AND OPEN SPACE VARIANCE SOUGHT: The proposal is to demolish the existing attached garage and construct a 3-story building containing 2 dwelling units and 2 ground-floor parking spaces.
Planning Code Section 134 requires a minimum rear yard of 25 percent at the ground level and each succeeding level or story of the building, or a minimum of 15 feet, whichever is greater. The required rear yard for this property is 15 feet. The proposed rear yard is approximately 8 feet.
Planning Code Section 135 requires 399 square feet of useable common open space that is at least 15 feet in every horizontal direction. The project proposes nearly 600 square feet of useable common open space, but one horizontal dimension of this space is only approximately 8 feet.
(COREY TEAGUE)
PARKING VARIANCE SOUGHT: The proposal is to renovate the interior of the existing building within the existing building envelope for light industrial and office uses.
Planning Code Section 150 requires major additions to existing buildings to provide off-street parking and loading spaces in only the amount mandated for the addition itself. Planning Code Section 151 requires the proposal to provide 8 off-street parking spaces; 1 space for each 1,000 square feet of service and repair (light industrial) space, and 1 space for each 500 square feet of office space. No off-street parking spaces are proposed.
Planning Code Section 152 requires the proposed development to provide 1 off-street freight loading space; 1 space for each 10,000 square feet of gross floor area. No off-street freight loading spaces are proposed.
(COREY TEAGUE)
REAR YARD VARIANCE SOUGHT: The proposal is move the existing lot line between lots 002 and 003 resulting in two new lots. One lot would be a vacant lot fronting on Alpha Street. The other lot would front on Teddy Avenue and would contain the existing dwelling.
Planning Code Section 134(a)(1) establishes a rear yard requirement of 25 percent of lot depth in the RH-1 District. The newly created lot on Teddy Avenue requires a rear yard of approximately 15 feet. A comparable rear yard of 15 feet would be relocated to the side of the existing building.
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
