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 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 24, 2009, 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. 2009.0229V 2709 Larkin Street, west side between Francisco and Chestnut Streets; Lot 002 in Assessor's Block 0477 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 remove the three-story bay window located on the south side of the rear of this three story over basement, one unit building and extend the north side of the rear of the building at the first, second and third floors approximately 6' into the rear yard to align with the south side of the rear of the building.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 61' in depth. The proposed addition is located entirely within the required rear yard.

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. The existing building is considered a legal noncomplying structure because portions of the building already encroach into the required rear yard. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

(MARY WOODS)

2. 2009.0353V 550 – 46^th AVENUE, on the east side between Geary Boulevard and Anza Street; Lot 022 in Assessor's Block 1499 in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District. The lot measures approximately 36 feet wide by 55 feet deep, and contains a two-story, single-family house.

Rear Yard and Non-Complying Structure Variances: The proposal is to remove the existing two-story exterior staircase at the rear of the building, and construct a new second floor deck and stairs (approximately 9 feet deep by 12 feet wide) in its place.

Section 134 of the Planning Code requires the rear yard depth to be 25 percent of the total depth of the lot. The required rear yard for the subject property would be approximately 14 feet. The proposed second floor deck and stairs would extend approximately 6 feet into the required rear yard, leaving an open area of approximately 8 feet.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because a portion of the existing building already encroaches into the required rear yard by approximately two feet, it is considered a legal, non-complying structure. The proposed replacement stairs and new deck are considered an expansion of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(SHELLEY CALTAGIRONE)

3. 2009.0451V 2626 HYDE STREET, on the east side between North Point Street and Bay Street; Lot 012 in Assessor's Block 0027 in an RH-3 (Residential, House, Three-Family) Zoning District, Waterfront Special Use District No. 2 and a 40-X Height and Bulk District.

Front Setback Variance: The proposal is to dismantle and reconstruct an approximately 34-foot long by 10-foot tall (at midpoint) historic fence located in the front setback of the subject property.

Section 132 of the Planning Code requires that the subject property maintain a front setback that measures approximately 12 feet in depth. The fence to be reconstructed is located within the required front setback and will exceed the height of a solid fence (3 feet) permitted in the front setback under Section 136 of the Planning Code by approximately 7 feet.

(ADRIAN PUTRA)

4. 2009.0444V: 47Clarendon Avenue, on the south side of Clarendon Avenue, between Stanyan Street and Twin Peaks Boulevard; Lot 048 in Assessor's Block 2706 in an RH-1(D) (Residential, House, Single-Family, Detached) and a 40-X Height and Bulk District.

Front Setback Variance: The project is to construct of a new three-story over garage level single-family building on a vacant lot. The proposed single-family building includes an attached garage that will encroach approximately 7 feet into required front setback.

Section 132 of the Planning Code requires that the subject property maintains an averaged front setback of approximately 8 feet. The proposed single-family building will have an averaged front setback of approximately one foot.

(CECILIA JAROSLAWSKY)

5. 2009.0409V 639 14^th STREET, on the south side, between Dolores and Landers Streets; Lot 102 in Assessor's Block 3544 in an R TO (Residential, Transit-Oriented Neighborhood) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a new rear deck, approximately eight-feet wide by five feet deep, at the third level of a two-family structure. The rear stairs would remain.

Section 134 of the Planning Code requires a minimum rear yard of 27 feet, where 15 has been proposed; therefore, the construction of the rear stairs and decks would be contrary to Section 134 and would require a Variance. Section 134(a)(1)(D)(c) would allow a WAIVER to this requirement when certain criteria are met.

Section 188 of the Planning Code does not permit expansion or modification to a noncomplying structure. The subject building is a legal noncomplying structure because the structure encroaches into the required rear yard. Therefore, the rear addition would be contrary to Section 188 and would require a Variance.

B. REGULAR CALENDAR

(RICK CRAWFORD)

6. 2009.0422V 149 Fell Street on the south side of Fell Street, between South Van Ness Avenue and Franklin Streets; Lot 017 in Assessor's Block 0834 in a C-3-G (Downtown, General Commercial) Zoning District and an 85-R-2 Height and Bulk District.

Public Open Space Variance: The proposal is to construct 9,900 square feet of office space without providing public open space. On 12/08/2005, in case 2005.0818V the Zoning Administrator granted a Variance to allow development of 6,600 square feet of office without providing public open space. The project has been revised to provide for an additional 3,300 square feet of office space. This present request is for a Variance from the public open space requirement for the additional office floor area.

Section 138 of the Planning Code requires 1 square foot of public open space for each 50 square feet of office use. The project would provide no public open space where 66 square feet are required.

(SHARON LAI)

7. 2009.0397V: 27 Santa Rita Avenue, on the east side of Santa Rita Avenue, between Sotelo and San Marcos Avenues; Lot 029 in Assessor's Block 2859 in an RH-1(D) (Residential, Detached Single-Family House) and a 40-X Height and Bulk District.

Side Yard Variance: The proposal is to demolish an illegally constructed covered entry and be replaced with an attached covered entry for the existing stair and landing within the required right-side yard setback. The proposed structure will be enclosed on three sides and open from the front façade.

Section 133 of the Planning Code requires that the subject property maintain two side yards of three-feet each. The existing and proposed stair and covered entry encroaches approximately 2-feet, 6 inches into the required side yard on the south side of the property. This side yard encroachment requires a variance from Planning Code Section 133.

(ADRIAN PUTRA)

8. 2009.0238V: 47 Sussex Street, on the east side of Sussex Street, between Diamond Street and Castro Street; Lot 068 (formerly Lot 062) in Assessor's Block 6729 in an RH-1 (Residential, House, Single-Family) and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to demolish an existing storage structure and construct a one-story detached garage structure which will be located within the required rear setback and facing Penny Lane. The proposed garage structure is approximately 22 feet wide, 25 feet deep, and will have a maximum height of approximately 15 feet above grade.

Section 134 of the Planning Code requires that the subject property maintains a rear setback of approximately 22 feet in lot depth. The proposed detached garage structure is located entirely within this required rear setback area.

Section 136(a)(G)(23) of the Planning Code allows structures commonly used in gardening activities, such as greenhouses and sheds for storage of garden tools, if no more than eight feet in height above grade and covering no more than 100 square feet of land.

(MICHAEL SMITH)

9. 2009.0050V: 4120 22^ND STREET, south side between Eureka and Douglass Streets; Lot 009 in Assessor's Block 2767 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to add habitable space within the attic by raising the roof at the rear of the building and constructing a one-story deck at the rear of the building. The raised portion of the roof would extend eight-feet taller than the existing ridgeline and be set back 17-feet from the front of the building. A third floor roof deck would be constructed at the rear most portion of the existing roof. The one-story deck would extend four-feet deeper than the existing rear wall with stairs to grade located at the east side of the lot and extending five-feet deeper into the rear yard than the deck.

The project also includes extending the recently approved garage to within 18-inches of the front property line with a roof deck on top. The garage extension complies with Code and is not subject to a variance.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 49-feet measured from and parallel to the rear property line. The proposed addition would extend to within 43-feet of the rear property line and the proposed deck would extend to within 29-feet of the rear property line, encroaching approximately six-feet and 20-feet respectively into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure in a manner that would increase the degree of noncompliance. Because the rear portion of the building already encroaches approximately 16-feet into the required rear yard, it is a legal noncomplying structure. Therefore increasing the height of the nonconforming portion of the building is contrary to section 188 of the Code.

(COREY TEAGUE)

10. 2009.0170V 3428 SAN BRUNO STREET, on the east side between Ordway Street and Harkness Avenue, with a second frontage on Girard Street; Lot 005 in Assessor's Block 6173 in an RM-1 (Residential, Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to 1) merge the 1^st and 2^nd dwelling units on the 2^nd floor of the building fronting on San Bruno Avenue into one dwelling unit, which includes minor interior work, and 2) to construct a new single family home in the required rear yard that would front on Girard Street.

Section 134 of t he Planning Code requires the subject property to maintain a rear yard that measures at minimum of approximately 31 feet in length. The proposed single family home on Girard Street would infringe on the required rear yard and leave 25 feet for the proposed rear yard between the two buildings.

(BRITTANY BENDIX)

11. 2008.0813V 1366 THOMAS AVENUE, on the northeast side of Thomas Avenue, between Jennings and Ingalls Streets; Lot 008A in Assessor's Block 4791 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 legalize a shed built in the required rear yard without benefit of a permit.

Planning Code Section 134 requires the subject property to maintain a rear yard that is 25% of the lot depth as measured from the rear lot line. The required rear yard for the subject property is 25-feet. The proposal is to legalize a shed with a height of 9-feet 6-inches, a depth of 12-feet 6-inches and width of 25-feet that was constructed 2-feet from the rear property line without benefit of a permit. An open area, 31-feet deep, is provided between the shed and the rear building wall of the house – in effect shifting the yard forward.

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