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, January 27, 2010
Session Begins at 9:30 A.M.
Public Hearing
Lawrence Badiner, Zoning Administrator
Sonya Banks, 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 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, January 27, 2010, 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.
(JONAS IONIN)
1. 2007.1452V: 2148 FILBERT STREET, Lot 048-051 in Assessor’s Block 0516 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
REAR YARD VARIANCE: MINIMUM LOT AREA, REAR YARD, USABLE OPEN SPACE AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to subdivide a parcel which is already subdivided into four condominiums, in two separate three-story two-unit buildings that face Filbert Street and Pixley Street respectively, into two separate lots, and to legalize decks and exterior stair, built without the benefit of a permit at the rear of the Filbert Street building. The decks and stair encroach approximately 6-feet into the required rear yard, to within approximately 3-feet of the proposed new property line where 15-feet is required, and to within approximately 14-feet of 149-151 Pixley Street’s fire escape and to within approximately 18-feet of the 149-151 Pixley Street’s rear building wall.
Planning Code Section 121 requires each lot to have a minimum area of 2,500 square feet. The proposed Filbert Street parcel would have an area of approximately 1,525 square feet, approximately 975 square feet less than required. The proposed Pixley Street parcel would have an area of approximately 1,475 square feet, approximately 1,025 square feet less than required.
Planning Code Section 134 requires each new parcel to provide a rear yard equal to 45 percent of the lot depth, or in the case of averaging adjacent building depths no less than 25 percent of the lot depth or 15 feet, whichever is greater, in RH-2 Districts. The required rear yard for the Filbert Street building would be 15-feet. After the proposed lot split, the Filbert Street parcel would provide an approximately 3-foot rear yard. The required rear yard for the Pixley Street building would be 27-feet. After the proposed lot split, the Pixley Street parcel would provide an approximately 15-foot rear yard. The existing rear yard separation between buildings is approximately 22-feet. The Filbert Street building new decks and stair would encroach approximately 6’-0” into the required rear yard.
Planning Code Section 135 requires each new parcel to provide 332.5 square feet of common usable open space. The Filbert Street parcel would not provide any usable open space, while the Pixley Street parcel would provide approximately 327 square feet of usable open space area (approximately 5.5 square feet less than required).
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.
(AARON STARR)
2. 2009.1060V: 37 MAGNOLIA STREET (aka 1840-1842 Lombard), Lot 009 in Assessor’s Block 0494 in an NC-3 (Neighborhood, Commercial, Moderate Scale) Zoning District and a 40-X Height and Bulk District.
REAR YARD & LOT SIZE VARIANCE: The subject property contains two buildings, a single-unit building that fronts on Magnolia Street and a two-unit building that fronts on Lombard Street. The proposal is to subdivide the existing 3,300 sq. ft. lot (27.5’ by 120’) into two lots. The lot fronting on Magnolia would be approximately 1,585 sq. ft. (27.5’ by 57.5’) and the lot fronting on Lombard would be approximately 1,719 sq. ft. (27.5’ by 62.5). This property was previously granted a rear yard Variance on July 26, 2007 in association with the construction of the single-unit building on Magnolia Street.
PER SECTION 121(e) OF THE PLANNING CODE 2,500 square feet is the minimum lot area for this zoning district. The two proposed lots will be 1,585 sq. ft. and 1,719 sq. ft. respectively, which does not comply with the minimum lot area requirement; therefore the project requires a variance from the minimum lot size requirement (Section 121) of the Planning Code.
PER SECTION 134 OF THE PLANNING CODE each of the new lots must maintain a rear yard equal to 25% of the lot depth, which is approximately 14’ for the lot fronting on Magnolia Street and approximately 15.5’ for the lot fronting on Lombard Street. The proposed subdivision would create two lots each with 13’ deep rear yards; therefore the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.
(MICHAEL SMITH)
3. 2009.1051V: 570 CORBETT AVENUE, Lot 010 in Assessor’s Block 2718 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
REAR YARD, LOT SIZE AND PARKING VARIANCE: The proposal is to subdivide the through lot containing two separate buildings and a total of five dwelling units into two separate lots with one fronting Graystone Terrace and the other fronting Corbett Avenue. No changes are proposed for the existing buildings.
PER SECTION 121 OF THE PLANNING CODE the minimum lot size for newly created lots is 2,500 square-feet. The proposed lot at 279 Graystone Terrace would be 2,085 square-feet and the proposed lot at 570 Corbett Avenue would be 1,793 square-feet.
PER SECTION 134 OF THE PLANNING CODE the minimum rear yard for 279 Graystone Terrace is approximately 16-feet measured from the rear property line. The proposed rear yard would measure approximately 10-feet.
PER SECTION 151 OF THE PLANNING CODE each dwelling unit is required to have access to one off-street parking space. The requirement is currently met because the property has five parking spaces and five dwelling units. The subdivision would result in three off-street parking spaces for the four dwellings at 279 Graystone Terrace.
(MICHAEL SMITH)
4. 2009.1148V: 2164 15TH STREET, Lot 020 in Assessor’s Block 3541 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.
REAR YARD VARIANCE: The proposal is to replace the rear stairs and construct a roof deck above the one-story addition at the rear of the building. The stairs would be built in the same location as the existing stairs but extend an additional 40” into the rear yard, which could be built without a variance. The roof deck will require a solid fire wall that will extend 3’-6” above the roof at the west side property line, and is subject to the rear yard variance request.
PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 49 feet. The existing one-story rear portion of the building already encroaches 6-feet into the required rear yard; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.
(ADRIAN PUTRA)
5. 2009.1086V: 890 JUNIPERO SERRA BOULEVARD, Lot 012 in Assessor’s Block 7240A in an RH-1(D) (Residential, House, One-Family, Detached Dwellings) Zoning District and a 28-X Height and Bulk District.
REAR YARD VARIANCE: The project is to construct a deck and staircase structure at the rear of the dwelling. The proposed deck and staircase structure will have a maximum deck height of approximately 5’-6” above grade, and will be setback approximately 6’-6” and 3’-0” from the north and south side property lines, respectively.
PER SECTION 134 OF THE PLANNING CODE the subject property maintains a rear setback of approximately 24’-0”. The proposed deck and staircase structure will encroach approximately 2’-0 into the required rear yard; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.
(DIEGO SANCHEZ)
6. 2009.0771V: 149 DORE STREET, Lot 059 in Assessor’s Block 3519 in an SLR (Service, Light Industrial, Residential) Zoning District and a 50-X Height and Bulk District.
PARKING VARIANCE: The proposal is to construct a new four unit structure of five stories and 50 feet in height on an existing vacant lot.
PER SECTION 151 OF THE PLANNING CODE the subject property is required to provide off-street parking for each of the four proposed dwelling units. The project will provide two off-street parking spaces, two less than the required four off-street parking spaces. The project requires a variance from the off-street parking requirements (Section 151) of the Planning Code as it does not provide four off-street parking spaces.
(COREY TEAGUE)
7. 2009.0981V: 449-451 MISSISSIPPI STREET, Lot 037 in Assessor’s Block 4064 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 replace the existing deck and stairs at the rear of the building with new decks at the 1st, 2nd and 3rd floors, a spiral staircase, and property line firewalls roughly in the same footprint. Minor door and window replacement in the rear of the building and a new 6 foot high rear yard fence are also included.
PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 30 feet. The existing rear deck structure currently extends approximately 14 feet into the required rear yard. The replacement deck and stair structure would extend approximately 12 feet into the rear yard at most points, leaving a rear yard of approximately 15 feet. Therefore, a rear yard variance is required per Section 134.
B. REGULAR CALENDAR
(SHARON YOUNG)
8. 2009.1039v 638 – 8TH AVENUE, Lot 1637 in Assessor’s Block 028 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
OFF-STREET PARKING VARIANCE: The proposal is to legalize the addition of one dwelling unit on the ground floor of the three-story, single-family dwelling without providing a second off-street parking space. A single-off-street parking space will continue to be provided in the existing garage.
PER SECTION 151 OF THE PLANNING CODE one full-size parking space is required to be provided for each newly-created dwelling unit. No parking space is proposed for the second dwelling unit.
(MICHAEL SMITH)
9. 2009.1110V: 799 DUNCAN STREET, Lot 050 in Assessor’s Block 6605 in an RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.
REAR YARD VARIANCE: The proposal is to legalize the “as-built” construction of the approximately 12’-6” tall trellis located at the rear property line.
PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 25-feet. The “as built” trellis is located entirely within the required rear yard and as such is limited to a maximum height of 10-feet above grade, per Section 136 of the Code. The “as built” trellis is taller than 10-feet in height and therefore the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.
(SHARON LAI)
10. 2009.0694V: 356 – 358 ELIZABETH STREET, Lot 026 in Assessor’s Block 3652 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.
NON-COMPLYING STRUCTURE, REAR YARD AND OPEN SPACE VARIANCE: The project proposes to expand the existing 2-unit building by raising the height of the third floor and installing dormers. The construction at the second and third floor extends within the required rear yard of the existing non-complying structure, which triggers rear yard and non-complying structure variances. The further expansion within the required rear yard also lessens the required open space and would therefore require an open space variance.
Section 188 of the Planning Code does not permit the intensification of a non-complying structure. The existing residence is a non-complying structure because it encroaches into the required rear yard setback. The proposed expansions will intensify the encroachment and is contrary to Section 188.
Section 134 of the Planning Code requires 45% (29-feet) of the lot depth be maintained as the rear yard, where currently 0-feet are provided. The proposed horizontal and vertical expansions at the second and third floor are within the required rear yard.
Section 135 of the Planning Code requires 133 square feet per unit of shared open space. The existing condition provides 245 square feet in open space and will reduce to 160 square feet, where 266 square feet is required.
(AARON HOLLISTER)
11. 2009.0978V 1157 VALLEJO STREET, Lot 092 in Assessor’s Block 0151 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 approximate 400 square-foot roof deck at the rear portion of the subject building. The roof deck would be enclosed on all sides by approximately six-foot parapet walls in varying combinations of solid and glass.
PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 27 feet. The subject building was constructed before zoning controls established and regulated minimum rear-yard requirements, thus making the subject building legal non-complying in regards to the rear-yard requirements of the Planning Code. Because the proposed vertical extension to the building is located within the existing, non-complying required rear yard area, the extension requires a Variance.
PER SECTION 188 OF THE PLANNING CODE expansion or replacement of a non-complying structure is prohibited. Because the subject building already is located in the required rear yard, the building is considered a legal non-complying structure. Therefore, the proposed vertical extension in the required rear yard would be contrary to Section 188 of the Planning Code.
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
