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, June 22, 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.sfplanning.org.
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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 the date, time, and place listed on the first page of this Calendar.
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. 2011.0286V: 95 WEST CLAY STREET; Lot 025 in Assessor's Block 1336 in a RH-1(D) (Residential, House, Single-Family, Detached) Zoning District and a 40-X Height and Bulk District.
REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to demolish the existing sunroom at the rear (east side) of the single-family house and construct an addition of approximately the same size. The building’s existing height and footprint will not be increased.
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/2011.0286V.pdf
(SHARON YOUNG)
2. 2011.0441V: 2 - 5TH AVENUE; Lot 022 in Assessor’s Block 1354 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 construct a solarium that will extend into the required rear yard of the lot, which is developed with a three-story, single-family dwelling at the southeast corner of 5th Avenue and the Presidio (West Pacific Avenue). The proposed solarium (approximately 16’ wide by 16’ deep by 13’ high) will replace an existing conservatory which provides sheltered access between the kitchen and dining room. The proposed solarium will be set back approximately 20 feet from the rear (east) property line.
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 an average lot depth of approximately 121 feet, has a required rear yard of approximately 30 feet. The proposed rear addition would encroach 10 feet 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/2011.0441V.pdf
B. REGULAR CALENDAR
MINIMUM LOT AREA VARIANCE SOUGHT: The proposal is to evenly subdivide an existing vacant lot, approximately 3,288 square feet in area, into two vacant lots. Each of the two vacant lots would be approximately 31 feet 9 inches wide and 52 feet deep with an area of approximately 1,644 square feet. One purpose of the requested variance is to allow for the creation of two vacant and buildable lots to each accommodate the construction of a single-family dwelling in the future. No Building Permit Application has been filed.
PER SECTION 121 OF THE PLANNING CODE, the minimum lot area for any lot in the RH-1 zoning district shall be 2,500 square feet. Each of the proposed two lots would contain an area of approximately 1,644 square feet and would be deficient in minimum lot area.
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/2011.0355V.pdf
(KIMBERLY DURANDET)
4. 2011.0134V: 1765 QUESADA STREET; Lot 056 in Assessor’s Block 5338 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
REAR YARD VARIANCE SOUGHT: The proposal is to legalize the reconstruction and expansion of a garage in the rear yard. The property owner was issued a Notice of Violation by the Department of Building Inspection for exceeding the scope of work authorized by Building Permit Application No. 2005.1219.0620, which allowed the property owner to increase the size of a garage door opening. However, the original garage was subsequently demolished and a new garage has been partially constructed. The new garage is 20 feet wide by 21 feet deep and 14.5 feet tall, whereas the original legal non-complying structure was 15.5 wide by 21 feet deep and 11.5 feet tall. The project is seeking a variance from Planning Code rear yard and compliance requirements.
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/2011.0134V.pdf
(TOM WANG)
REAR YARD VARIANCE SOUGHT: The proposed work is to construct a second floor deck with a stairway leading to grade, at the rear of the existing two-story, two-family dwelling.
PER SECTION 134 OF THE PLANNING CODE, the subject lot is required to maintain a minimum rear yard depth of 36 feet 4 inches. The proposed second floor deck and stairway would encroach 12 feet into the required rear yard to within 24 feet 4 inches of the rear property line.
PER SECTION 188 OF THE PLANNING CODE, a non-complying structure may be enlarged or altered if there is no increase in any discrepancy, or any new discrepancy, at any level of the structure, between existing conditions on the lot and the required standards for new construction set forth in the Planning Code. Since a portion of the subject building was legally constructed within the currently required rear yard, it is considered a legal non-complying structure. Therefore, the proposed second floor rear deck with a stairway would result in the expansion of a non-complying structure.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on Planning Department’s website at:
(BEN FU)
PARKING VARIANCE SOUGHT: The proposal is to reduce the existing parking requirement from 64 to 23 spaces. There is no physical construction or modification to the existing building or use at this time.
PLANNING CODE SECTION 151 sets forth off-street parking requirements for an office use. One for each 500 square feet of occupied floor area, where the occupied floor area exceeds 5,000 square feet, is required for an office use. The building has a parking requirement of 64 spaces as required by a previous Variance (Case No. 1981.693V). The building currently satisfies the parking requirement by providing 23 spaces onsite and 41 spaces offsite. The proposal is to remove the offsite parking requirement; therefore, a 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/2011.0052V.pdf
(BEN FU)
PARKING VARIANCE SOUGHT: The proposal is to remove the existing parking requirement of 40 spaces. There is no physical construction or modification to the existing building or use at this time.
PLANNING CODE SECTION 151 sets forth off-street parking requirements for an office use. One for each 500 square feet of occupied floor area, where the occupied floor area exceeds 5,000 square feet, is required for an office use. The building has a parking requirement of 40 spaces as required by a Notice of Special Restrictions (NSR No. F795890) and as a condition of a Subdivision Application (No. 95.019S) approval. The building satisfies the parking requirement by providing 40 spaces onsite. The proposal is to remove the parking requirement; therefore, a 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/2011.0075V.pdf
(AARON J. HOLLISTER)
8. 2011.0440V: 1080 SUTTER STREET; Lot 011 in Assessor's Block 0279 in a RC-4 (Residential-Commercial Combined, High Density) Zoning District and a 130-E Height and Bulk District.
DWELLING UNIT EXPOSURE VARIANCE SOUGHT: The proposal is to amend a previously approved variance request for dwelling unit exposure that was granted under Case No. 2006.0431V. The previously approved variance allowed nine dwelling units to have non-Planning Code compliant dwelling unit exposure as part of a mixed-use, new construction project that would contain up to 35 dwelling units and ground-floor commercial space. The revised dwelling unit configuration would contain up to 19 dwelling units that would not have Planning Code compliant exposure.
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/2011.0440V.pdf
FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a one-story porch with a stairway leading to grade, at the front of the existing two-story, single-family dwelling. The proposed front porch would be non-enclosed, but would have a roof above.
PER SECTION 132(d)(2) OF THE PLANNING CODE, the subject lot is required to maintain a front setback of 12 feet. The proposed front porch would be within 8 feet 6 inches of the front property line, encroaching 3 feet 6 inches into the required front setback.
The stairway associated with the proposed porch would be up to 3 feet in height above grade and will be exempt from the front setback requirement under 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/2011.0297V.pdf
(MICHAEL SMITH)
REAR YARD VARIANCE SOUGHT: The proposal is to construct a third floor deck at the rear of the building. The deck would measure approximately 8 feet in depth, 13.5 feet in width, and 24 feet in height measured to the top of the railing. The proposed deck would extend to the east side property line abutting the blank wall of the adjacent building to the east. A one-story addition with a roof deck is proposed for the rear of the building under a separate permit and is not subject to the variance request.
PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 56 feet, 4 inches. The proposed rear deck would encroach approximately 8 feet into the required rear yard; therefore, the project requires a variance from the rear yard requirement of the Planning Code.
PER SECTION 188 OF THE PLANNING CODE a non-complying structure cannot be replaced once it is voluntarily removed or enlarged in a manner that would increase the degree of noncompliance. The existing rear portion of the building is legal non-complying because it encroaches 5 feet into the required rear yard; therefore, the project which would extend further into the required rear yard requires a variance from 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/2011.0498V.pdf
(SHARON LAI)
FRONT AND REAR YARD VARIANCE SOUGHT: The proposal is to replace an existing rear second floor deck and stairs with a new second floor rear deck, open stairs and a property line fire wall for the existing three-story residential building.
PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 52 feet, where 42 feet, 6 inches is currently provided. The proposed rear deck measuring 14 feet wide by 8 feet deep, the new stairs, and the 14 feet tall (west side property line) fire wall are located within the required rear yard and will be 38 feet away from the rear property line; therefore, the project requires a variance from the rear yard requirement.
PER SECTION 188 OF THE PLANNING CODE the subject building is located partially within the required rear yard and is a non-complying structure. The rear deck, stairs and fire wall are located within the required rear yard, which intensifies the non-conformity of the existing condition. The proposed alteration requires a variance from the non-complying structure requirements.
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/2011.0301V.pdf
(SHARON LAI)
REAR YARD VARIANCE SOUGHT: The proposal is to add a second dwelling unit at the first floor, to construct a single-car garage at the front of the property and to replace the existing rear shed roof structure and deck with a new two-story horizontal addition along the north side property line.
PER SECTION 132 OF THE PLANNING CODE the subject property is required to provide a front setback of 13 feet, 6 inches, where 6 feet is currently provided. The proposed garage will be located at the front property line, measuring 13 feet, 6 inches wide by 11 feet tall, which requires a variance from the front setback requirement.
PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 31 feet, 6 inches, where 19 feet is currently provided. The proposed two-story horizontal rear replacement structure is located within the required rear yard and will be 22 feet away from the rear property line; therefore, the project requires a variance from the rear yard requirement.
PER SECTION 188 OF THE PLANNING CODE the subject building is located partially within the front setback and required rear yard and is a non-complying structure. The proposed garage will be located within the front setback and the two-story horizontal replacement structure will be located within the required rear yard, which intensifies the non-conformity of the existing conditions. The proposed alteration requires a variance from the non-complying structure requirements.
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/2011.0164V.pdf
EXPOSURE VARIANCE SOUGHT: The proposal is to add a 6th dwelling unit and rear deck within an existing 3-story mixed-use building, and to clarify related approvals under building permit number 2008.03.20.7576. The existing building measures approximately 96 feet in depth and 50 feet in width.
PER SECTION 188 OF THE PLANNING CODE, the subject building is located partially within the required rear yard and is a non-complying structure. The proposed 6th dwelling unit and associated rear deck are located within the required rear yard, which intensifies the non-conformity of the existing conditions. The proposed alteration requires a variance from the non-complying structure requirements.
PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of approximately 45 feet, where 4 feet is currently provided. The proposed rear deck at the third floor is located within the required rear yard and will be 4 feet away from the rear property line; therefore, the project requires a variance from the rear yard requirement.
PER SECTION 140 OF THE PLANNING CODE, all dwelling units shall face an open area no less than 25 feet in every horizontal dimension or a public street. 4 of the 6 proposed dwelling units (#3,4,5 and 6) do not face an open area compliant with the Code requirements and therefore requires a variance from the exposure requirements.
ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning website at: http://sfplanning.org/ftp/files/notice/2011.0237V.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