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, August 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.

(AARON STARR)

1. 2008.0848V: 1334 CHESTNUT STREET on the north side, between Franklin Street and Van Ness Avenue; Lot 024 in Assessor's Block 0479 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Non-Conforming Structure Variances: The proposal is to add a 6.5' tall glass wind screen to the 4^th floor balcony located at the rear, west side of the building.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 62' in length. The existing balcony encroaches approximately 6' into 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. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

(TOM WANG)

2. 2008.0763V: 664 ELIZABETH STREET, on the north side of Elizabeth Street between Castro and Diamond Streets; Lot 049 in Assessor's Block 2804 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is for the construction of a bay window, 9 feet wide by 3 feet deep, at the rear of a unit on the second floor. The subject property is a two-story over garage, four-unit condominium.

Section 134 (c)(1) of the Planning Code requires a rear yard of approximately 47 feet, measured from the rear property line, for the subject lot. The proposed bay window would encroach 11 feet 6 inches into the required rear yard to within 35 feet 6 inches of the rear property line.

Section 188 of the Planning Code prohibits enlargements or alterations to a noncomplying structure. Since the subject building was legally constructed with a portion within the currently required rear yard, it is considered a legal noncomplying structure. The proposed bay window would result in an expansion of a noncomplying structure.

(SHARON LAI)

3. 2008.0577V: 1971 15thStreet, on the south side of 15^th Street; Lot 053 in Assessor's Block 3557 in an RTO (Residential, Transit Oriented) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a third story vertical addition within the existing building footprint. The proposed addition will add approximately 580 square feet of habitable space and increase the building height by approximately 7-feet.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 45-feet in length. The vertical addition is proposed approximately 6-feet, 6-inches within the required rear yard.

Section 188 of the Planning Code does not permit the enlargement of a non-complying structure. The existing building, deck and stairs are non-complying structures because it encroaches into the required rear setback by approximately 32-feet. The proposed vertical addition will not lessen the existing non-conformity. Intensification of a non-complying structure is contrary to Section 188, thus the proposal requires a non-complying structure variance.

(SHARON LAI)

4. 2008.0651V: 1976-80 15^th Street , on the north side of 15^th Street, between Landers and Church Streets; Lot 0350 in Assessor's Block 3544 in an RTO (Residential, Transit Oriented) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to demolish and reconstruct a three story horizontal extension with decks and stairs at the rear of an existing non-complying three-unit building. The construction will result in additional habitable space and new deck and stair configurations.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 49-feet, 6-inches, where 22-feet, 6-inches is provided. The proposed new habitable space and exterior features will measure a maximum of 9-feet wide by 24-feet deep within the required rear yard.

Section 188 of the Planning Code does not permit the modification of a non-complying structure. The existing three-unit building with deck and stairs are non-complying structures because they encroach into the required rear setback by approximately 26-feet, 6-inches. The proposed rear construction will intensify the non-conformity by 4-feet, 6-inches.

(SHARON LAI)

• 2008.0814V: 3973 23^rd Street , on the south side of 23rd Street, between Sanchez and

Noe Streets; Lot 031 in Assessor's Block 36531 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 an approximately 16-foot long rear exterior stairs leading from the existing second story deck.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 51-feet in length, where 21-feet is provided.

Section 188 of the Planning Code does not permit the enlargement of a non-complying structure. The existing two-unit building and decks are non-complying structures because it encroaches into the required rear setback by approximately 15-feet. The proposed rear stairs will not lessen the existing non-conformity. Expanding a non-complying structure is contrary to Section 188, thus the proposal requires a non-complying structure variance.

(ELIZABETH WATTY)

6. 2008.0213V: 3958 – 23^rd STREET, at the north side of 23^rd Street; Lot 016 in Assessor's Block 3625 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District. This Project includes horizontal and vertical additions, as well as façade alterations to a two-family dwelling.

Front Setback Variance: The proposal is to construct a two-story horizontal front addition at the first and second floors, filling-in a portion of the notch at the front entrance of the two-family dwelling.

Section 132 of the Planning Code requires that the Subject Property must maintain a front setback of 15 feet. The existing front building-wall encroaches 12 feet into the front setback. The proposed two-story addition will fill-in a portion of the recessed front entrance, encroaching approximately 7 feet into the front setback, and located 8 feet from the front property line.

Rear Yard Variance: The proposal is to expand the rear of the existing two-family dwelling by constructing additions along the east and west side of the building. The addition along the west property line would add a second story above the existing one-story portion of the building (currently clad with glazing), as well as a one story addition below grade. The addition along the east property line includes a three-story extension, with two of the stories being above grade. None of the rear additions will extend beyond the existing rear building wall.

Section 134 of the Planning Code requires that the Subject Property must maintain a rear yard of approximately 50 feet. The existing dwelling is two-stories at the rear and encroaches into the required rear yard by 10 feet. The proposed side additions will fill-in the notches at along the east and west sides of the building, encroaching 10 feet into the required rear yard and located 40 feet from the rear property line.

Non-Complying Structure Variance: The proposal includes expansions at the front and rear of the existing two-family dwelling. The existing building is noncomplying because the front of the dwelling encroaches into the front setback and the rear of the dwelling encroaches into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure that increases the structure's degree of noncompliance. The subject building is noncomplying as it encroaches into the required rear yard and front setback. Expansion of these features requires a noncomplying structure variance.

(ERIKA S. JACKSON)

7. 2008.0803V: 518 CONNECTICUT STREET, on the west side of Connecticut Street, between 20^th and 22^nd Streets; Lot 007 in Assessor's Block 4099; in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct and enlarge the existing approximately 75 square foot fire-damaged one-story rear building extension, resulting in an approximately 125 square foot one-story rear building extension.

Section 134 of the Planning Code requires lots in an RH-2 Zoning District to maintain a rear yard equal to 45 percent of lot depth. Section 134© allows a reduction in this rear yard based on conditions on adjacent lots, but only to a minimum of 25 percent of 15 feet, whichever is greater. The rear yard requirement for the subject property would be approximately 28.5 feet. The existing structure extends approximately 11 feet into the required rear yard, leaving a rear yard of approximately 18 feet. The dimensions of the existing extension are 11 feet by 7 feet and the dimensions of the proposed extension are 11 feet by 11 feet, leaving a rear yard of approximately 18 feet.

(EDGAR OROPEZA)

8. 2008.0846V: 713 AND 721 BRANNAN STREET, east side, at the corner of Harriet and Brannan Streets; Lots 089, 071 and 076 in Assessor's Block 3784, all within the SLI (Service / Light Industrial) District, the West SOMA Special Use District and a 50-X Height and Bulk District.

Parking Variance: The proposal is to nullify a requirement to maintain 9 – off-street parking spaces located at 713 Brannan Street. These 9 – off-street parking spaces are deeded to, and fulfill the off-street parking requirement for, the property located at 721 Brannan Street. No new construction is proposed.

Section 151 of the Planning Code requires that the property located at 721 Brannan Street which houses an Industrial Use, provide one independably accessible off-street parking space for each 1,500 square feet of occupied floor are when the total occupied floor area is greater than 7,500 square feet. In this case 9 off-street parking spaces are required. 3 off-street parking spaces would be provided at 721 Brannan Street resulting in a deficiency of 6 spaces.

B. REGULAR CALENDAR

(GLENN CABREROS)

9. 2008.0790V: 49 ALMA STREET, on the south side between Cole and Belvedere Streets; Lot 021 in Assessor's Block 1285 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Noncomplying Structure Variances: The proposal is to construct a one-story addition within an existing notch along the southwestern portion of the rear façade of the existing two-story-plus-attic, single-family residence. Approximately the last 14 feet of the residence is within the require rear yard and considered a legal, noncomplying structure.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 45 feet deep. The existing residence is constructed deep into the lot and provides an approximately 30-foot deep rear yard.

Section 188 prohibits the intensification of any noncomplying structure. The existing rear wall extends approximately 15 feet beyond the required rear yard line and therefore is a legal, noncomplying structure. The proposed addition would project 12 feet into the required rear yard. Although the project does not extend beyond the furthest existing rear wall, the addition is contrary to Section 188.

(SARA VELLVE)

10. 2007.0962V: 151 – 20^TH AVENUE, on the west side between California and Lake Streets; Lot 008 in Assessor's Block 1380 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Permitted Obstruction Variances: The proposal is to construct a 4-story rear horizontal addition where the lower two stories would add approximately 20 feet to the building's depth and the upper two stores would add approximately 10 feet to the building's depth. The two-story rear addition/permitted obstruction would be constructed to the south property line and encroach into the required 5 - foot clear area from the south property line. A bay window would be added to the rear wall of the two-story permitted obstruction.

Section 134 of the Planning Code requires a minimum rear yard of approximately 30 feet for the subject property measured from the rear property line. The proposed bay window would extend to within approximately 28 feet of the property line (beyond the 2-story permitted obstruction) and encroach into the 25% required rear yard.

Section 136 of the Planning Code requires two clear areas of five feet each when a two-story permitted obstruction is proposed, and does not allow permitted obstructions with projection limits to be added cumulatively to each other. The project proposes to construct the lower two stories of the addition without providing a 5-foot setback on the south side of the permitted obstruction. A bay window would be added to the upper story rear wall of the two-story permitted obstruction.

(SOPHIE MIDDLEBROOK)

11. 2008.0667V: 3841 23^rd STREET, on the southeast corner of 23rd Street and Vicksburg Streets, Lot 036 in Assessor's Block 3651 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

OPEN SPACE AND PARKING VARIANCES SOUGHT: The proposal is to add a third unit to the existing two-family dwelling, creating a three-family dwelling. The proposed new unit will be located at the ground level, with direct access from Vicksburg Street. The proposed project does not include a building expansion.

Section 135 of the Planning Code requires that dwellings in the RH-3 Zoning District have access to a minimum of 100 square feet of private open space, or 133 square feet of common open space. The proposed third unit will not provide usable open space, and thus requires a variance.

Section 151 of the Planning Code requires that every residential unit be provided with an off-street parking space. The existing garage measures approximately 380 square feet, and provides two off-street parking spaces. The proposed project does not provide a third off-street parking space, and thus requires a variance.

(ADRIAN PUTRA)

12. 2008.0722V: 485 Corbett Avenue, on the north side of Corbett Avenue, between Clayton Street and Glendale Street; Lot 003 in Assessor's Block 2712 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

Rear Yard Variance and Expansion of a Noncomplying Structure: The proposal is construct a four-story horizontal addition at the rear of an existing building located on a downsloping lot. The horizontal addition will expand the subject building by approximately 14 feet in depth at a maximum to the bottom three stories, and 4 feet to the top story of the existing building. The bottom three stories would be located within the required rear yard.

Section 134 of the Planning Code requires that the subject property maintains a setback of 15 feet from the rear property line. The proposed four-story horizontal addition will be setback approximately 9 feet, 6 inches 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 existing building is a noncomplying structure within the required rear yard with a rear setback of approximately 9 feet, 6 inches where 15 feet is required.

(ADRIAN PUTRA)

13. 2008.0619V: 2475 15^th Avenue, on the east side of 15^th Avenue, between Taraval Street and Ulloa Street; Lot 009A in Assessor's Block 2410 in an RH-1 (Residential, House, Single-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to legalize an existing deck and a pergola structure, which are both located within the required rear yard area of the subject property.

Section 134 of the Planning Code requires that the subject property maintains a rear setback of approximately 34 feet. The existing deck and a portion of the pergola structure are located within this required rear setback area.

Section 136(a)(G)(14) of the Planning Code allows steps of any type not more than three feet above grade, and uncovered stairways and landings not extending higher than the floor level of the adjacent first floor of occupancy above the ground story, and, in the case of yards and usable open space, extending no more than six feet into the required open area for any portion that is more than three feet above grade. The existing deck structure has a maximum height that is more than three feet above grade, and is located within the required rear yard.

(KEVIN GUY)

14. 2008.0470V: 1350 Jones Street, between Washington and Clay Streets; Lot 015 in Assessor's Block 0214 , within the RM-4 Zoning District and the 65-A Height and Bulk District.

Rear Yard and Non-Conforming Structure Variances: The proposed project includes a rear horizontal addition to both the ground level and the second (top) story of the existing two-story over-basement residential building. The main living level of the existing building cantilevers over an area of the required rear yard at ground level. The project would infill the area at ground level, and would add to the second story over this cantilevered portion. The project also includes a new spiral staircase and associated interior modifications.

Section 134 of the Planning Code requires an approximate 17-foot rear yard on the subject site. The existing building is set back approximately 9 feet from the rear property line, and is therefore legally non-complying because it occupies a portion of the Code-required rear yard area. The proposed addition will occur within this required rear yard area, but will not expand the envelope of the existing building any further into the rear yard. 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-compliance with the provisions of the Planning Code. The proposed project, 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.

(AMNON BEN-PAZI)

15. 2008.0570V: 249 Chestnut Street, on the south side of Chestnut Street, between Grant Avenue and Kearny Streets; Lot 035 in Assessor's Block 0061 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: There are two structures at the project site, one at the front and one at the rear of the property. The proposal is to build a horizontal extension of approximately 50 square feet to the side of the existing rear structure. Portions of this existing rear structure are in the required rear yard area, and the proposed horizontal extension would also be in the required rear yard area.

Section 134 of the Planning Code requires a rear yard approximately 62 feet deep at the subject property. The existing structure at the rear of the property extends into this required rear yard area, leaving approximately 23 feet behind the existing rear structure. The proposed horizontal extension would be located in the portion of the required rear yard that is between the front and rear structures, thus the existing rear yard would remain unchanged.

(COREY TEAGUE)

16. 2008.0715V: 33 SAMOSET STREET, south side, between Peralta and Franconia Streets; Lot 023 in Assessor's Block 5551 in a RH-1 (Residential, House Districts, One-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance Sought: The proposal is to extend the rear of the ground floor of the existing 2-story single family home to match the depth of the floor above. The rear ground floor addition will match the footprint of floor above except for an approximately 4 foot by 12 foot section in the southwest corner. The existing rear landing and stairs will be replaced with a smaller landing and spiral staircase. The rear yard will be moderately excavated to provide a level yard with retaining walls creating planter areas.

Planning Code Section 242(e)(2)(A) requires lots in the Bernal Heights Special Use District with a lot depth of 70 feet or less to provide a rear yard of at least 35 percent of that lot depth. The required rear yard for the subject property is 24 feet 6 inches. The proposed rear yard is 21 feet 6 inches to the building wall, and 16feeet to the landing and stairs.

(ERIKA S. JACKSON)

17. 2007.0320V: 503 ANDOVER STREET, on the east side of Andover Street, between Tompkins and Ogden Avenues; Lot 029 in Assessor's Block 5722; in an RH-1 (Residential, House, Single-Family) Zoning District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.

Front Setback Variance: The proposal is to add a third story to an existing two-story single-family dwelling in alignment with the existing ground and second floors and to enlarge the existing front bay window. The scope of work also includes the replacement of an approximately 50 square foot room and a deck in the rear, and approximately 8 foot single-story horizontal addition with a deck, and façade changes, all in the buildable area.

Section 132 of the Planning Code requires that any building or addition constructed shall be set back to the average of the front setbacks of the two adjacent buildings. Section 132(e) states that the maximum front yard setback shall be the lesser of 15 feet or 15 percent of the lot. The front setback requirement for the subject property would be approximately 10.5 feet. The existing two-story structure extends approximately 2 feet into the required front setback, leaving a front setback of approximately 8.5 feet. The new third story addition would match the setback of the existing ground and second floors. The Project also proposes to enlarge the existing front bay window that will encroach and additional 3 feet into the required front setback, leaving a front setback of approximately 5.5 feet.

(EDGAR OROPEZA)

18. 2008.0754V: 417 – 421 14TH STREET, south side, between Valencia and Guerrero Streets; Lot 031 in Assessor's Block 3546, all within the Valencia Street Neighborhood Commercial District and a 50-X Height and Bulk District.

Rear Yard Variance: The proposal is to legalize the existing 2^nd story deck which was constructed without benefit of a building permit, located at the rear of the existing mixed-use building.

Section 134 of the Planning Code requires that all properties located within the Valencia Street Neighborhood Commercial District provide a rear yard equal to 25 percent of the total depth of the lot on which the building is situated. The rear yard shall be located at the second story and at each succeeding story of the building, and at the first story if it contains a dwelling unit. In this case a rear yard of 32.5 feet is required at the second story and above. The proposed 8'-0 by 17 -0 deck extends approximately 3 feet into the required rear yard. A rear yard of 28.5 feet is proposed.

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