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, September 23, 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.

(SARA VELLVE)

1. 2008.0388V 2608 Post Street , on the north side of Post Street between Lyon Street and Presidio Avenue , Lot 008 in Assessor's Block 1073 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 a new three-story, two-unit building that will encroach into the required rear yard. A rear portion of the building of approximately 12 feet deep and 19 feet wide will project into the 25% required rear yard between the proposed building at the front of the lot and the existing building at the rear of the lot.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 34 feet between the proposed building at the front of the lot and the existing building at the rear of the lot. The proposed new building encroaches approximately 12 feet into the required rear yard.

(MARY WOODS)

2. 2009.0711V 354 - 20^th AVENUE, on the east side between Geary Boulevard and Clement Street; Lot 032 in Assessor's Block 1451 in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District. The lot measures approximately 25 feet wide by 120 feet deep. It contains a two-story single-family house.

Front Setback and Non-Complying Structure Variances: The proposal is to add a second unit by constructing a two-story vertical addition, and a two-story horizontal addition at the rear of the existing building. The subject building is currently non-complying in that it extends into the required front setback.

Section 132 of the Planning Code requires properties to be set back to the average of the two adjacent front setbacks. The required front setback for the subject property would be approximately 4 feet. The proposed new third story would align with the existing front building wall at the property line.

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 front setback by approximately four feet, it is considered a legal, non-complying structure. The proposed third story would be considered an expansion of a non-complying structure and therefore the project as proposed would be contrary to Section 188.

(ELIZABETH WATTY)

3. 2009.0723V 3864 – 23^rd STREET, on the north side of 23^rd Street, between Blanche and Vicksburg Streets; Lot 021 in Assessor's Block 3627 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 remove the existing one-story 10'-0 deep x 8'0 wide noncomplying rear addition and to construct a new two-story 13'-0 deep x 12'-0 wide horizontal addition at the rear of the existing single-family dwelling.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 16'0 in length. The proposed addition encroaches approximately 4'-6' into the required rear yard, extending to within approximately 11'-6 of the rear property line. This encroachment necessitates a rear yard variance.

(EDGAR OROPEZA)

4. 2009.0692V 1525-1527 18th STREET, south side between Arkansas and Connecticut Streets; Lots 035 and 036 in Assessor's Block 4035, within the RH-2 (Residential House, Two-Family ) District and a 40-X Height and Bulk District.

Rear Yard and Open Space Variances: The proposal is to construct an addition that would cover the entire required rear yard. Specifically in this case a required side yard measuring 15- feet deep from the western property-line and running the entire depth of the property was established in lieu of a required rear yard by Variance Case No. 1982.178V, approved June 2, 1982.

Rear Yard and Open Space Variances Sought: The proposal is to construct an addition that would cover the entire required rear yard. Specifically in this case a required side yard measuring 15-feet deep from the western property-line and running the entire depth of the property was established in lieu of a required rear yard by Variance Case No. 1982.178V, approved June 2, 1982

Section 134 (c) of the Planning Code requires a 15-foot rear yard measured from the western property line. No yard of any type is proposed.

Section 135of the Planning Code requires usable open space be provided for each dwelling structure within the  R' Districts composed of an outdoor area designed for outdoor living, recreation or landscaping. The existing side yard of approximately 375 square feet is shared by both dwellings. The proposal would restrict access to the open space for an existing dwelling.

(COREY TEAGUE)

5. 2009.0362V 1530-1532 18th STREET,on the north side between Arkansas and Connecticut Streets; Lot 017 in Assessor's Block 4004 in an RH-2 (Residential, House Districts, Two-Family) Zoning District and a 40-X height and Bulk District.

Variance for Exposure and Intensification of a Nonconforming Structure:The proposal is to merge the two dwelling units in the building at the street (1530-1532) into one unit, and to fill in the northwest corner at the first floor (11 feet 5 inches by 8 feet 7 inches). The abandoned building at the rear of the property, which originally contained a dwelling unit, will be renovated to create a one-bedroom unit.

Section 140 of the Planning Code requires that each dwelling unit front on a public street, code-complying rear yard, or an open space of adequate dimensions. The proposed renovation of the structure in the rear of the property will create a dwelling unit that does not front on one of the required areas.

Section 188 of the Planning Code states that nonconforming structures may only be enlarged or intensified if they do not increase the nonconformity of the structure or create any new discrepancies. The proposed renovation of the structure in the rear of the property will created a dwelling unit, which intensifies a nonconforming structure and a dwelling unit that does not meet the minimum exposure requirements of Section 140.

B. REGULAR CALENDAR

(AARON STARR)

6. 009.0570V 104-114 PRESIDIO AVENUE, southeast corner of Presidio Avenue and Jackson Street; Lot 022 in Assessor's Block 0983 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 excavate under the existing four-story, seven-unit building to provide storage for the building. The proposed storage will be below grade, but within the required rear yard setback.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 18.5' in depth. The proposed storage will be located entirely within the rear yard setback.

(CONTINUED FROM AUGUST 26, 2009)

(JONAS IONIN)

7. 2007.1452V 2148-2150 FILBERT STREET on the same parcel as 149-151 Pixley Street, north side between Fillmore and Webster Streets, Lots 048 thru 051, 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, Usable Open Space and Non-Complying Structure Variances: The proposal is to legalize decks and exterior stair, built without the benefit of a permit at the rear of the three-story two-unit building on a lot subdivided into four condominiums and includes a second two-unit building that faces Pixley Street. The proposed addition would encroach an additional 6'-0 into the required rear yard and to within approximately 14'-3 of 149-151 Pixley Street's fire escape and to within approximately 18'-0 of the 149-151 Pixley Street's rear building wall.

Planning Code Section 134(c)(4)(C) requires a rear yard separation between buildings equal to 25 percent of the lot depth in RH-2 Districts. The required rear yard separation is 30 feet. The existing rear yard separation between buildings is approximately 22 feet. The decks and stair would encroach an additional 6'-0 into the required rear yard.

Planning Code Section 135 requires 665 square feet of common usable open space. Pursuant to Section 135(g)(2), common usable open space provided by an inner court must have a minimum of horizontal dimension of 20 feet in every direction and it must have walls no taller than one foot for every one horizontal foot of the inner court's dimension. The proposed decks and stair would reduce the horizontal dimension between buildings from 22'-3 to approximately 17'-0 and reduce the usable open space from approximately 540 square feet to approximately 450 square feet.

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 non-complying structure. Therefore, the illegally built deck and stair addition would be contrary to Section 188.

(SHARON LAI)

8. 2008.1171V 265 DORLAND STREET, on the south side of Dorland Street, between Sanchez and Church Streets; Lot 035 in Assessor's Block 3580 in an RM-1 (Residential, Mixed Houses and Apartments, Low Density) and a 40-X Height and Bulk District.

Front Setback, Rear Yard, Non-Complying Structure, Parking, and Exposure Variances: The project seeks front-setback, rear yard, and exposure variances to construct a 4-story, 3-dwelling unit building at the front of the lot; seeks a non-complying structure variance to alter and add a new unit to the single-family structure at the rear of the lot; and seeks a parking variance for the increase in lot density from 1 to 5 dwelling units.

Section 132 of the Planning Code requires the subject property to maintain a 13-foot front setback, which is equivalent to the average of the two adjacent front setbacks. The proposed structure would encroach 8-feet into the required front setback.

Section 134 of the Planning Code requires that the subject property maintain a rear yard of 45% of the lot depth, approximately 61-feet. The proposed 4-story structure will encroach 2-feet into the required rear yard.

Section 188 of the Planning Code does not permit the alteration of a non-complying structure in a manner that would increase the degree of noncompliance. The existing structure is located entirely within the required rear yard and therefore is a non-complying structure. The addition of a dwelling unit to the non-complying structure is contrary to Section 188.

Section 151 of the Planning Code requires one independently accessible off –street parking space for each dwelling unit. The project proposes a total of 4 (stacked) parking spaces where 5 would be required.

Section 140 of the Planning Code requires that an open area which is unobstructed and is no less than 25-feet in every horizontal dimension for the floor at which the dwelling units are located and the floor immediately above it, with an increase of 5-feet in every horizontal dimension at each subsequent floor. The separation between the proposed 4-story structure and the existing rear structure is 25-feet for all floors, and therefore does not meet this requirement.

(CECILIA JAROSLAWSKY)

9. 2009.0597V 775 SANCHEZ STREET, on the west side, between 20^th and 21^st Streets; Lot 023 in Assessor's Block 3605 in an RH-1 (House, One Dwelling), the Dolores Heights Special Use District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a new rear deck, approximately 23-feet wide by 16 feet deep, at the main level of a two-family structure.

Section 134 of the Planning Code requires a minimum rear yard of 47 feet, where 28 has been proposed; therefore, the construction of the rear stairs and decks would be contrary to Section 134 and would require a Variance.

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.

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