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June 25, 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, JUNE 25, 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.


Accessible Meeting Policy

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

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

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

Know Your Rights Under the Sunshine Ordinance

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

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

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


ZONING ADMINISTRATOR

NOTICE OF HEARING ON

APPLICATION FOR ZONING VARIANCE

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the City Planning Code as

described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, June 25, 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)

1. 2008.0417V: 291 – 32ND AVENUE , on the west side between El Camino Del Mar and California Street; Lot 031 in Assessor's Block 1392 in an RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to demolish the existing 26' wide by 10' deep rear yard deck and access stairs at the second floor and replace them with a 27' wide by 7' deep deck and new access stairs and fire wall located at the north side property line that would extend an additional 9.5' into the rear yard from the new deck.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 21' in depth. The new deck would encroach approximately 3' into the required rear yard and the new access stairs and fire wall would be located entirely within the required rear yard.

(SHARON YOUNG)

2. 2008.0372V: 214 STEINER STREET, northeast corner of Steiner and Laussat Streets, Lot 024 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 SOUGHT:

The proposal is to construct a new enclosed porch, deck, and exit stairs at the rear of the two-story, two-family dwelling. The new porch (approximately 7' wide by 3'6 deep by 9' high), rear deck (approximately 5'6 wide by 5'6 deep by 8' above grade), and exit stairs (approximately 6' wide by 9'6 deep by 8' above grade) will abut the north property line and will be set back 4' from the south property line. The proposal will also involve removing the existing porch (approximately 7'6 wide by 3'6 deep by 9' high) and exit stairs (approximately 8' wide by 3'6 deep by 8' above grade). On the north side of the lot, the new rear structure will extend approximately 2'6 to 6' further into the rear yard than the existing rear structure. The proposal will also require a one-hour fire rated wall along that portion of the exit stairs adjacent to the north property line to a height of approximately 12' above grade that is not the subject of this variance.

Section 134 of the Planning Coderequires a rear yard area in an NC-2 Zoning District to be equivalent to 25 percent of the total lot depth at the second story and above and at the first story if it contains a dwelling unit. The subject property, with a lot depth of approximately 81', has a required rear yard of approximately 20' at the first floor and above. The existing rear yard is 18'. The new porch, rear deck, and exit stairs will extend approximately 3'6 to 9'6 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.

(ADRIAN PUTRA)

3. 2008.0425V: 66 DORLAND STREET, on the north side of Dorland Street, between Dolores Street and Guerrero Street; Lot 103 in Assessor's Block 3578 in an RH-3 (Residential, House, Three-Family) and a 40-X Height and Bulk District.

Rear Yard Variance and Expansion of a Noncomplying Structure: The proposal is construct a deck and staircase structure at the rear of an existing building. The proposed rear deck will be located at the second floor level and will be approximate 4 feet deep, 10 feet wide, and will have a staircase to access the rear yard. The proposed rear deck and staircase structure will have a maximum height of 9 feet, 6 inches with 3 feet, 6 inch high safety railings above. Additionally there will be a 4 feet deep and 12 feet high solid firewall located along the eastern side property line.

Section 134 of the Planning Code requires that the subject property maintains a rear setback of 15 feet. The proposed rear deck and staircase structure will be setback approximately 10 feet from the rear property line.

Section 188 of the Planning Code allows a noncomplying 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 14 feet, 6 inches where 15 feet is required.

(SOPHIE MIDDLEBROOK)

4. 2008.0506V: 237 WAWONA STREET, east side , Lot 025A in Assessor's Block 2998A in an RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to construct a horizontal addition to the rear of the subject building in order to accommodate a new bedroom and an expanded master bedroom. The proposed rear addition measures approximately 8' deep and 30' wide, and extends approximately 2'6 into the required rear yard.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 24' in length. With the proposed horizontal addition, the subject property will maintain a rear yard that measures approximately 21'6 in length.

(AARON HOLLISTER)

5. 2008.0471V: 1445 Vallejo Street, south side of Vallejo Street, between Polk and Larkin Streets, Lot 026 in Assessor's Block 0572 in an RM-2 (Residential, Mixed Districts, Moderate Density) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is the horizontal addition of a staircase in the required rear-yard setback of the subject property.

Section 134 of the Planning Code requires an approximate 22-foot rear-yard setback on the subject site. The subject building currently extends 11 feet into this required rear yard. The proposed staircase will extend an additional 3 feet, 6 inches, into the rear yard, and will measure approximately 7 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

(JIM MILLER)

6. 2008.0281V: 51 PRIEST STREET, west side between Clay and Washington Streets, Lot 24 in Assessor's Block 215, in an RH-2 (House, Two-Family) District and a 50-X Height and Bulk District.

REAR-YARD VARIANCE SOUGHT: The proposal is to construct two rear-yard decks on the existing building. In that the building itself is already in the required rear yard, the addition of decks would be subject to the granting of a Variance.

Section 134 of the Planning Code sets forth standards for rear-yard areas. It requires, for the subject property, a rear yard, open and clear from the ground up, 15 feet in depth. The subject lot is 51.25 feet in depth. All of the proposed new deck area would be within this required open area. The lower deck would be partially within an alcove. It would extend approximately one foot, six inches into the rear yard farther than the edge of the existing wall. The upper deck would be the full width of the lot requiring firewalls to grade along both of the side lot lines. It would extend an additional foot into the rear yard (plus over the new lower deck / alcove area) for approximately two-thirds of the lot width and to the rear lot line for the remaining northerly one-third. The portions of the deck proposed to be on top of existing first-floor roof do not require a Variance but those portions not over existing roof area do require a rear-yard Variance.

(EDGAR OROPEZA)

7. 2008.0462V: 305 FRANCONIA STREET, east side, between Esmeralda Avenue and Rutledge Street; Lot 053 in Assessor's Block 5556 in an RH-1 (Residential, House, Single-Family) District, the Bernal Heights Special Use District, the Joy / Brewster Special Use District and a 40-X Height and Bulk District.

Rear Yard Variance Sought: The project proposes the new construction of a deck located at the rear of the existing single-family dwelling. The proposed deck is approximately 8-feet above the existing grade. The deck's dimensions would be 8'-6 deep by 19'-0 wide and set 3'-0 from the side property lines.

Section 242 (e) (2) (A) of the Planning Code states,  for lots which have a depth of 70 feet or less, the minimum rear yard depth shall be equal to 35 percent of the total depth of the lot on which the building is located. Additionally no part of any building may be within 25 percent of 15 feet, whichever is greater, of the rear property line.

In this case the required rear yard for the subject property is 24'-6 . The existing rear yard is 28'-0 . The project proposes a rear yard of 9'-8 .

(BRITTANY BENDIX)

8. 2008.0423V: 68 AZTEC STREET, on the south side of Aztec Street, between Coso Avenue and Shotwell Street; Lot 019 in Assessor's Block 5521 in the Bernal Heights Special Use District, and RH-1 (Residential, House, Single-Family) Zoning District and a 40-X Height and Bulk District.

Mass Parking Variance: The proposal is to construct a vertical addition which would cause the building's mass to exceed Planning Code requirements for a single family dwelling.

Planning Code Section 242(e)(3) requires that after calculation of the maximum permissible height and lot coverage, a total of 650 square feet of usable floor area must be deleted from the exterior of the building, causing a reduction in square footage, as well as, building volume. The proposal does not meet this requirement since it only has a reduction of approximately 410 square feet.

(PILAR LA VALLEY)

9. 2008.0178V: 45 AZTEC STREET, on the north side of Aztec Street between Shotwell and Coso; Lot 011 in Assessor's Block 5520 in an RH-1 (Residential, House, One-Family) Zoning District, 40-X Height and Bulk District, and Bernal Heights Special Use District

Rear Yard, Mass Reduction, and Parking Variance: The proposal is to construct a one-story addition at front elevation and a two-story addition at rear elevation of existing dwelling.

Section 242(e)(2) of the Planning Code requires that the subject property maintain a rear yard that measures approximately 22' in length. The existing dwelling is a legal non-complying structure in that it provides a rear yard of approximately 17 6 over a portion of the lot. The new addition would provide a rear yard of only approximately 17 6 for the full width of the lot. A new deck and stairs would further encroach 9' into the rear yard.

Section 242(e)(3) of the Planning Code requires that after calculating maximum permissible height and lot covered in an RH-1 District, a total of 650 square feet of usable floor area must be deleted from the exterior of the building. As proposed, the project provides approximately 675 square feet of mass reduction. However, when including the square footage of the rear addition proposed in the required rear yard, the calculated mass reduction is reduced by approximately 215 square feet. Therefore, the project provides approximately 460 square feet of mass reduction, which is approximately 190 square feet less than require by Planning Code.

Section 242(e)(4)(A)(iv) of Planning Code requires that alterations that add over 400 square feet of usable floor area and result in a total usable floor area between 2,251 and 2,850 square feet require a total of 3 parking spaces. There are no existing parking spaces and none are proposed.

B. REGULAR CALENDAR

(SOPHIE MIDDLEBROOK)

10. 2008.0243V: 81 SATURN STREET, south side , Lot 034 in Assessor's Block 2646 in an RH-2 (Residential, House, Two-Family, Detached) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to legalize the construction of a deck at the rear of the subject building. The deck is accessible from the second-story, and measures approximately 8' deep and 21' wide, with a glass wind screen on the west elevation that measures approximately 9' 2 high.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 29' in length. The new deck extends approximately 8' into the required rear yard. With the rear deck, the rear yard measures approximately 21' in length.

(TIM FRYE)

11. 2008.0399V: 153 ELLSWORTH STREET, between Eugenia and Powhattan Avenues Lot 024 in Assessor's Block 5650 in an RH-1 (Residential, House, Single-Family) Zoning District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

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)

12. 2007.1224V: 59 MIRABEL STREET, on the northeast side of Mirabel Avenue, between Coso Avenue and Shotwell Street; Lot 027 in Assessor's Block 5517 in the Bernal Heights Special Use District, and RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Parking Variance: The proposal is to construct a 4-story horizontal addition, with a depth of approximately 13.5-feet, at the rear of the existing dwelling.

Planning Code Section 242(e)(4)(A) states that if one or more alterations add over 200 square feet of usable floor area, and the total usable floor area is over 2,850 square feet, a total of four parking spaces is required. There is one existing off-street parking space on the property. The proposal is to provide two tandem off-street parking spaces.

(BRITTANY BENDIX)

13. 2007.1168V: 1593/1595 TREAT AVENUE, on the east side of Treat Avenue, nearest cross street Precita Avenue; Lot 018 in Assessor's Block 5525 in the Bernal Heights Special Use District, an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Parking and Rear Yard Variance: The property contains two dwelling units. The proposal would fill in a 3-story notch on the existing structure. In addition, a new 3-story dwelling unit would be constructed at the rear of the lot, fronting on Norwich Street. This would result in one single-family dwelling fronting on Treat Avenue and one single-family dwelling fronting on Norwich Street, for a total of two single-family dwelling units on the lot. There would be an open area in the middle of the lot that is 18.5-feet deep by 25-feet wide.

Planning Code Section 242(e)(4)(A) states that if one or more alterations add over 200 square feet of usable floor area, and the total usable floor area is over 4850 square feet, a total of six parking spaces is required. Parking is currently provided at the rear of the lot on Norwich Street. The proposal is to provide four enclosed off-street parking spaces in tandem, where six are required.

Planning Code Section 242(e)(2)(A) states that the minimum rear yard depth for the subject property shall be equal to 49.5-feet. The proposal is to provide a rear yard between the existing building and the proposed building, which will have a depth of 25.5-feet.

Public Comment:

At this time, members of the public may address the Zoning Administrator on items of interest to the public that are within the subject matter jurisdiction of the Zoning Administrator except agenda items. With respect to agenda items, your opportunity to address the Zoning Administrator will be afforded when the item is reached in the meeting. Each member of the public may address the Zoning Administrator for up to three minutes.

The Zoning Administrator will not take action on any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the Zoning Administrator may:

(1) respond to statements made or questions posed by members of the public; or

(2) request staff to report back on a matter at a subsequent meeting; or

(3) direct staff to place the item on a future agenda. (Government Code Section 54954.2(a))

ADJOURNMENT

Last updated: 11/17/2009 10:00:45 PM