PLANNING DEPARTMENT
CITY AND COUNTY OF
SAN FRANCISCO
Notice of Hearing on Application
For Zoning Variance
(Updated 2/22/2011)
CITY HALL - Room 408
1 Dr. Carlton B. Goodlett Place
Wednesday, February 23, 2011
Session Begins at 9:30 A.M.
Public Hearing
Scott F. Sanchez, Zoning Administrator
Eva Atijera-Taylor, 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, February 23, 2011, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:
9:30 A.M.
A. CONSIDERATION OF ITEMS PROPOSED FOR CONTINUANCE
The Zoning Administrator will consider a request for continuance to a later date. He may choose to continue the item to the date proposed below, to continue the item to another date, or to hear the item on this calendar.
(TOM WANG)
REAR YARD VARIANCE SOUGHT: The proposal for the existing three-story, ten-family dwelling includes (1) the removal of an existing metal fire escape at the rear of the second and third floors, and (2) the construction of a two-story rear stairway providing the second and third floors with a second means of egress.
SECTION 134(c)(1) of the PLANNING CODE requires a minimum rear yard depth of 47 feet 6 inches, measured from the rear property line, for the subject lot. The existing building encroaches 23 feet 6 inches into the required rear yard. The proposed two-story rear stairway would extend additional15 feet from the rear wall of the subject building to within 9 feet of the rear property line.
SECTION 188 OF THE PLANNING CODE prohibits enlargements and alterations to a non-complying structure. Since a portion of the subject building was legally constructed within the currently required rear yard, it is considered a legal non- complying structure. The proposed two-story rear stairway would result in an addition to a non- complying structure.
(Proposed for Continuance on March 23, 2011)
(KEVIN GUY)
2. 2008.0723V: 1255-1275 COLUMBUS AVENUE, Lot 014 in Asssessor's Block 0028 in the C-2 (Community Business) Zoning District, the 40-X Height and Bulk District, and the Waterfront Special Use District #2.
The proposal is to demolish the existing two-story office building and construct a new four-story building containing approximately 20 dwelling units, 6,200 square feet of ground-floor retail uses, and 20 off-street residential parking spaces.
PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard equal to 25% of the depth of the lot. Due to the irregular shape and multiple frontages of the lot, the precise depth of this required rear yard would vary at different portions of the lot. The project proposes a series of courtyards situated along the rear property line. These courtyards do not strictly meet the requirements of strict for a continuous rear yard; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.
PER SECTION 134 OF THE PLANNING CODE the subject property is required to provide one off-street parking space for each 500 square feet of retail use, where the floor area of the retail use exceeds 5,000 square feet. The project would therefore need to provide 12 parking spaces for the retail use. No spaces are provided for the retail use, therefore, the project requires a variance from the off-street parking requirement (Section 151) of the Planning Code.
PER SECTION 155(r) OF THE PLANNING CODE no vehicular access to off-street parking may be created on the portion of Columbus Avenue fronting the subject property. The project proposes to create a new 10-foot curb cut to access the proposed off-street parking; therefore, the project requires a variance from the specified prohibition for vehicular access from Columbus Avenue (Section 155(r)) in the Planning Code.
(Proposed for Continuance to a later date to be determined)
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)
3. 2010.1012V: 2881 VALLEJO STREET, Lot 015 in Assessor’s Block 0958 in a RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District.
SIDE YARD VARIANCE SOUGHT: The proposal is to infill an existing light well at the western side property line that is located within the required side yard setback.
PER SECTION 133 OF THE PLANNING CODE the subject property is required to maintain a side yard setback of 3’ at both side property lines. The proposed light well infill is located within the western side yard setback.
PER SECTION 188(a) OF THE PLANNING CODE non-complying structures are not permitted to be expanded. The existing building is considered a legal non-complying structure because portions of the building already encroach into the required side yard setback. The proposed addition would be contrary to Section 188(a) of the Planning Code.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.1012V.pdf
(ERIKA JACKSON)
4. 2010.0922V: 631 MOULTRIE STREET, Lot 025 in Assessor’s Block 5723 in a RH-1 (Residential, House, Single-Family) Zoning District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.
REAR YARD VARIANCE SOUGHT: The proposal is to replace the existing second floor rear deck and stairs with a new rear deck and stairs with the same design. The proposal will not add square footage to the existing building. Since the proposed project will replace an existing deck and stairs, the project will not increase a discrepancy in the requirements of the Planning Code.
PER SECTION 242(e)(2) OF THE PLANNING CODE the subject property is required to maintain a rear yard of 35 percent of lot depth for lots 70 feet or less in a Bernal Heights RH-1 District. In this case, 35 percent of lot depth would be 24.5 feet. The existing deck and stairs already intrudes into the required rear yard, leaving a rear yard of 18.5 feet. The new deck and stairs will be located within the required rear yard. Therefore, this project requires a rear yard variance.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.0922V.pdf.
(TOM WANG)
REAR YARD VARIANCE SOUGHT: The proposed work for the existing two-story, single-family dwelling includes a second floor rear extension that would fill in a southeast building notch directly above the ground floor garage. The proposed second floor rear extension will not increase the current building footprint.
Section 133 (a)(4) of the Planning Code requires two open and unobstructed side yards 4 feet of each for a lot with a width of 40 feet to 50 feet. The proposed second floor rear extension would extend to within 3 feet of the south side lot line, encroaching 1 foot into the required 4 feet south side yard.
Section 188 of the Planning Code prohibits enlargements and alterations to a non-complying structure. Since a portion of the subject building was legally constructed within the currently required south side yard, it is considered a legal non-complying structure. The proposed second floor rear extension would result in the expansion of a non-complying structure.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.1071V.pdf.
(ELIZABETH WATTY)
REAR YARD VARIANCE SOUGHT: The proposal is to change the design of the permitted bay window at the north elevation (Collingwood Street side) and to allow a deck at the roof of the bay. The variance would allow for the squaring-off of the approved angled bay window, to allow the creation of a rectangular bay window that measures 15'-0" wide x 3'-0" deep. The new bay window does not conform to the limitations of a permitted obstruction, as described in Planning Code Section 136(c)(2)(B).
PER SECTION 132 OF THE PLANNING CODE the Subject Property is required to maintain a front setback of approximately 14’-0”, measured parallel to the front property line. The approved bay window is trapezoidal in shape, and is considered a permitted obstruction, pursuant to Planning Code Section 136(c)(2)(B); the proposed bay window is rectangular in shape, and exceeds the maximum dimensions allowed for permitted obstructions under Planning Code Section 136(c)(2)(B).
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.1060V.pdf.pdf
(BEN FU)
7. 2010.0999V: 659 ELLSWORTH STREET; Lot 020 in Assessor’s Block 5740 in a RH-1 (Residential, House, One-Family) Zoning District and Bernal Heights SUD and a 40-X Height and Bulk District.
MASS REDUCTION AND REAR YARD VARIANCES SOUGHT: The proposal is to (1) remodel the interior, (2) add a new roof deck on top of the two-story portion of the existing building at the rear and set back approximately 5’-0” on both sides, and (3) create more head room on the attic floor by constructing a new roof and changing the roof pitch/slope to the existing single-family dwelling.
PLANNING CODE SECTION 242 requires a total of 650 square feet of usable floor area to be removed from the exterior of the building, causing a reduction in square footage as well as building volume. The existing building is a non-complying building in terms of mass reduction. The building has already maximized the buildable envelope in terms of height and depth. The existing building provides a mass reduction of approximately 360 square feet. The proposal reduces the existing mass reduction to approximately 200 square feet.
PER PLANNING CODE SECTION 188, a non-complying structure is prohibited from intensification or increase in discrepancy at any level. The existing building is a non-complying structure in terms of rear yard. The proposed addition enlarges the existing non-complying building envelope.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.0999V.pdf.
(KIMBERLY DURANDET)
8. 2010.0877V: 168 LANGTON STREET, Lot 110 in Assessor’s Block 3755 in a RED (Residential Enclave) and Western Soma Special Use Zoning District and a 40-X Height and Bulk District.
PARKING AND EXPOSURE VARIANCES SOUGHT: The proposal is to legalize a third dwelling unit in an existing two unit building without providing the required parking and inadequate exposure per Planning Code Sections 151 and 140.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are not available on the Planning Department’s website at this time.
(RICK CRAWFORD)
9. 2010.1067V: 474 NATOMA STREET, Lot 101 in Assessor’s Block 3725 in C-3-S Zoning District and a 120-F Height and Bulk District.
EXPOSURE VARIANCE SOUGHT: Revision to Case 2007.1383CEKVX: New construction of 58 ownership affordable housing units granted a variance from Section 140 Exposure, for 33 units. Present request expands the number of affected to 39.
PER SECTION 140 OF THE PLANNING CODE all dwelling units in the building must face onto a public street, a Code-complying rear yard or onto an interior courtyard that increases by five feet in each horizontal dimension for every additional floor. The proposed addition of 5 dwelling units will cause an increase in the number of units that do not face onto a qualifying inner court open space from 33 units to 39 units; therefore, the project requires a variance from the dwelling unit exposure requirement (Section 140) of the Planning Code. On December 16, 2008 The Zoning Administrator approved a Variance from Section 140 for 33 dwelling units in case No. 2007.1383V. This application modifies the previous approval.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are not available on the Planning Department’s website at this time.
(ERIKA JACKSON)
10. 2010.1138V: 1000 NEWHALL STREET, Lot 051 in Assessor’s Block 5290 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
REAR YARD, OPEN SPACE, EXPOSURE, NON-CONFORMING STRUCTURE VARIANCES SOUGHT: The proposal is to legalize an existing second dwelling unit on the ground floor. The proposal will not add square footage to the existing building.
PER SECTION 135 OF THE PLANNING CODE the subject property is required to provide 300 square feet of open space. Open space provided on open ground must have a minimum horizontal dimension of 10 feet. The existing open space on the lot is located in the side yard and is 7.5 feet wide and 47 feet deep. Therefore, this project requires an open space variance.
PER SECTION 140 OF THE PLANNING CODE at least one room of at least 120 square feet must face one of the following open areas: a public street or alley of at least 25 feet in width, a code complying rear yard, or an inner court measuring at least 25 feet in every direction. The proposed second unit does not meet this requirement. Therefore, this project requires a dwelling unit exposure variance.
PER SECTION 151 OF THE PLANNING CODE one space per dwelling unit is required. Therefore two parking spaces are required. Although the garage has space for two cars, only one of the existing spaces can be considered a parking space per the Planning Code. Therefore, an off-street parking variance is required.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.1138V.pdf
(SHARON LAI)
REAR YARD VARIANCE SOUGHT: The proposal is to construct a single story deck and stairs at the rear of the existing single family home approximately 12 feet towards the rear property line.
PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 47 feet. The proposed rear deck and stairs would encroach approximately 12 feet into the required rear yard and result in a rear yard of 34 feet, therefore the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.
PER SECTION 188 OF THE PLANNING CODE the existing single family home is required to maintain a rear yard of 47 feet, where 46 feet is currently provided, and is therefore an existing non-complying structure.
ARCHITECTURAL PLANS: The site plan and elevations of the project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.1134V.pdf
REAR YARD VARIANCE SOUGHT: The proposal is to demolish an approximately 33 feet deep rear addition and construct a new approximately 34.5 feet deep rear addition at the same location. The proposal also includes interior alterations and the creation of a second dwelling unit at the ground floor level.
PER SECTION 151 OF THE PLANNING CODE the subject property is required to maintain one off-street parking space for each dwelling unit. The subject building currently contains one dwelling unit with no off-street parking spaces. The proposal involves creating a second dwelling unit at the ground floor level of the subject building, while not providing an off-street parking space for the new dwelling unit, thereby resulting in a two-unit building with no off-street parking spaces.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.1098V.pdf
C. REGULAR CALENDAR
13. 2010.0988V: 1332 GREENWICH STREET; Lot 075 in Assessor’s Block 0501 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The project proposes a vertical addition within the footprint of the existing single-family, two-story-plus-attic building at the rear of the lot to convert the existing attic into a full floor of habitable space resulting in a three-story, single-family building.
PER PLANNING CODE SECTION 134, the subject lot is required to maintain a rear yard depth of approximately 34 feet. The rear portion of the existing building was constructed within the required rear yard area except for the last 3 feet of the lot depth. The proposed vertical addition measures 38 feet deep (as measured from the front façade of the rear building) with the last 17 feet of the addition occupying the required rear yard area. No change to the building footprint is proposed.
PER PLANNING CODE SECTION 188, a non-complying structure may be altered provided no new discrepancy is created. The rear portion of the existing building is a non-complying structure as it was originally constructed within the required rear yard area. The proposed vertical addition would enlarge the non-complying building. The new discrepancy would be contrary to Section 188.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.0988V.pdf
(GLENN CABREROS)
14. 2010.0967V: 330 SEA CLIFF AVENUE, Lot 002 in Assessor’s Block 1309 in a RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District.
SIDE YARD VARIANCE SOUGHT: The proposal is to construct a one-story, two car garage structures at the north side property line within the required side yard setback. Because of the topography of the lot, the garage structure would be below street grade.
PER SECTION 133 OF THE PLANNING CODE the subject property is required to maintain a side yard setback of 5’ at both side property lines. The proposed garage would be located within the 5’ side yard setback at the north side property line for a length of 29.5’.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.0967V.pdf
(DIEGO SANCHEZ)
15. 2010.1069V: 338 HIGHLAND, Lot 037 in Assessor's Block 5717 in a RH-2 (Residential House Two Family) Zoning District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to construct a deck more than 10 feet above grade, supported by columns and an adjoining stair. The deck and stair are 27 feet in width, combined, and extend 11 feet into the rear yard.
PER SECTION 242 OF THE PLANNING CODE a rear yard of 48 feet 7 inches feet is required, free of intrusions not more than half the width of the lot. The width of the lot is 37 feet and 6 inches. Because the proposed deck and stair, at 27 feet in width, exceed half the width of the lot and intrudes into the rear yard, a variance from the rear yard requirement under the Bernal Heights Special Use District (Planning Code Section 242) is required.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.1069V.pdf
REAR YARD VARIANCE SOUGHT: The Project proposes to raise the existing building by approximately 5’-0” to accommodate a new garage, construct new stairs at the front of the property, remove the existing covered rear porch and stairs and construct a horizontal rear addition in a similar location at the ground and first floors, construct decks (including roof decks) at the rear of the 2nd and 3rd floors, and make interior alterations.
PER SECTION 134, and 188 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 51’-3”, measured parallel to the rear property line. The existing structure currently encroaches into the required rear yard by 10’-0”, resulting in a rear yard of approximately 41’-3”; the proposed alterations would not encroach into the rear yard any further than the existing 10’-0” encroachment, but would result in an overall intensification within the rear yard, through volumetric expansions (caused by raising the building 5’-0” and by constructing horizontal rear additions at the ground and first floors, beneath the existing covered rear porch). This intensification of the existing non complying structure necessitates variances from the rear yard (Section 134) and non complying structure (Section 188) provisions of the Planning Code.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.0496V.pdf
(DIEGO SANCHEZ)
17. 2010.1074V: 234 - 9TH STREET, Lot 004 in Assessor's Block 3518 in the SLR (Service Light Industrial Residential) Zoning District and a 50-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to add one dwelling unit at the second and third floors within a three story mixed use building that covers the entire lot. The addition will be done within the existing building envelope and no exterior expansion is proposed.
PER SECTION 134 OF THE PLANNING CODE a rear yard equal to 25% of lot depth is required at the lowest story containing a dwelling unit. The subject lot is 100 feet deep and requires a rear yard of 25 feet. Because there is no proposal to create a 25 foot deep rear yard at the second story, the project requires a rear yard variance.
PER SECTION 151 OF THE PLANNING CODE one off-street parking space is required for each dwelling unit. There is no off-street parking proposed and therefore the proposal requires an off-street parking variance.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.1074V.pdf
REAR YEARD VARIANCE SOUGHT: The proposal is to add two stories to an existing two-story, single-family dwelling and expand the entire building five feet to the west property line. The existing building extends to the rear property line, providing no rear yard.
PER SECTION 134 OF THE PLANNING CODE a rear yard equal to 45% of lot depth is required at grade level and each succeeding story of the building. The project does not provide a rear yard at any story where one of 12 feet 3 inches is required; therefore the project requires a rear yard variance.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2008.0546V.pdf
(SHARON YOUNG)
19. 2010.1062V: 3534 - 3536 CLAY STREET, Lot 032-033 in Assessor’s Block 0995 in a RH-1 (Residential, House, One-Family) Zoning District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to: (1) infill an existing approximately 120 square-foot open area at the rear of the ground floor; (2) add a 34 square-foot horizontal addition at the rear of the first floor and to replace an enclosed rear staircase with a new deck at the first floor; and (3) reconstruct an existing ‘observation platform’ (roof deck) and replace the rear stairway providing access to the roof deck from the second floor, which will extend into the required rear yard of the three-story, two-family dwelling.
SECTION 134 OF THE PLANNING CODE requires a rear yard area in an RH-1 Zoning District to be equivalent to 25 percent of the total lot depth at grade level and at each succeeding story of the building. The subject property, with a lot depth of approximately 128 feet, has a required rear yard of 32 feet. The proposed rear addition would encroach entirely into the required rear yard.
SECTION 188 OF THE PLANNING CODE prohibits the expansion or replacement of a non-complying structure. Because a portion of the existing building already encroaches into the required rear yard, it is considered a legal non-complying structure. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.1062V.pdf
(COREY TEAGUE)
20. 2010.0817V: 260 & 264 MULLEN AVENUE, Lots 1 and 26 in Assessor’s Block 5537 in an RH-1 (Residential, House District, One-Family) Zoning District, the Bernal Heights Special Use District, and a 40-X Height and Bulk District.
LOT SIZE VARIANCE SOUGHT: The proposal is to adjust the existing lot line between two legal lots of record so that neither of the two existing single-family homes will protrude into the adjacent lot.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2010.0817V.pdf
C. 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
