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 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.

 

            There are no items on the Consent Calendar.

 

 

B.      REGULAR CALENDAR

 

 (AARON J. HOLLISTER)

1.                                            2012.0586V:   33 WHITE STREET, Lot 022 in Assessor's Block 0124 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 a horizontal rear extension that would expand the habitable area of the first and second floors by approximately 1.6 feet for a portion of the building.  The rear extension would also include the horizontal expansion of stairs leading from the deck to the rear yard area along the northerly property line.  A portion of the existing structure along the southerly property line would be decreased in depth by approximately 7.5 feet.  Interior remodeling and front façade alterations are also proposed under the project.

 

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 15 feet.  The proposed horizontal extension of the habitable space would extend approximately 0.4 feet into the required rear yard area, while the stairs would extend approximately 7.5 feet into the rear yard area; therefore, the project requires a variance from the rear yard requirement (Section 134) of the Planning Code.

 

PLANNING CODE SECTION 188 prohibits a non-complying structure 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.  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/2012.0586V.pdf.

 

(ADRIAN PUTRA)

2.                                            2012.0173V:   404 JERSEY STREET (AKA 1352-54 CASTRO STREET), Lot 007 in Assessor's Block 6506 in a 24th-Noe St. NCD (24^th-Noe Streets Neighborhood Commercial) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The subject property at 404 Jersey Street is a corner lot located at the northwest corner of Jersey and Castro Streets.  The property contains two detached buildings, a two-story mixed-use building that faces Castro Street and another two-story residential building that faces Jersey Street.  The project is to allow a new 10 foot wide curb cut and create a new off-street parking pad within an open space located between the existing buildings, which qualify as the required rear yard. 

 

PER SECTION 134 OF THE PLANNING CODE where there is a legally existing dwelling at the front and rear of the subject lot the minimum yard depth between the two buildings is 25 percent of the subject lot depth or 15 feet, whichever is greater.  The proposed parking pad is located completely within the open space located between the existing buildings and qualifies as the required rear yard; where 20 feet is required, therefore the project requires a variance from the rear yard requirement 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/2012.0173V.pdf.

 

(BEN FU)

3.                                            2012.0463V:   2923 HARRISON STREET, Lot 034 in Assessor's Block 4271 in a RH-2(Residential- House, Two Family) Zoning District, Bernal Heights SUD and a 40-X Height and Bulk District.

 

REAR YARD, OPEN SPACE AND EXPOSURE VARIANCES SOUGHT: The proposal is to (1) add a second dwelling unit on the first floor, (2) fill in underneath the existing second floor rear extension, and (3) construct a rear/side horizontal addition at the northeast corner of the first floor and flush with existing rear building wall. 

PLANNING CODE SECTION 242 requires a rear yard of 45’ for the subject property.  The existing building encroaches approximately 26’-1” into the required rear yard at the second level, leaving a rear yard of approximately 18’-11”.  The proposed addition at the ground floor is located within the required rear yard; therefore, a variance is required. 

PLANNING CODE SECTION 135 requires 125 square feet of private usable open space for each unit, or 166.25 square feet of common usable open space for each unit.  The project removes access to the rear yard open space on the ground level from the existing dwelling on the second level without providing a replacement elsewhere on the lot; therefore, a variance for open space is required. 

PLANNING CODE SECTION 140 requires windows of at least one room that meet the 120-square-foot minimum floor area requirement in each dwelling in any use district to face directly on an open area of a public street, public alley, side yard of at least 25’ in depth, or a rear yard meeting the requirements of the Planning Code. The project proposes the addition of a second dwelling unit that does not face a street or Code-complying rear yard; therefore, a variance is required.

Planning Code Section 188 prohibits a non-complying structure 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; 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/2012.0463V.pdf.

 

 (DIEGO SANCHEZ)

4.                                            2010.0608V:   217 MONTCALM STREET, Lot 022 in Assessor's Block 5539 in a RH-1 (Residential-House, One Family) Zoning District, Bernal Heights Special Use District and a 40-X Height and Bulk District.

 

FRONT SETBACK VARIANCE SOUGHT:  The proposal is to legalize an existing 240 square foot garage structure and relocate it approximately 2 feet closer to the front property line and 5 feet closer to the west property line.   Work in the public right of way is also proposed, including the construction of a new retaining wall, stair and driveway.

PLANNING CODE SECTION 132 requires a front setback of 7 feet, 9 inches.  The proposal does not provide a front setback; 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/2010.0608V.pdf.

 

 

(GLENN CABREROS)

5.                                            2012.0688V:    117 LYON STREET, Lot 047 in Assessor's Block 1221 in a RH-3(Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a 21-foot deep, three-story horizontal addition to the rear of the three-story, single-family residence located behind the existing four-story, two-unit building at the front of the lot.

PLANNING CODE SECTION 134 requires a 93-foot deep rear yard based on averaging of the two adjacent building depths.  The rear wall of the existing building aligns with the 93-foot required rear yard line.  The proposed project would extend approximately 21 feet into the required rear yard.

 

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/2012.0688V.pdf.

 

 (GLENN CABREROS)

6.                                            2012.0541V:   BOTANICAL GARDEN NURSERY - GG PARK, Lot 001 in Assessor's Block 1700 in a P(Public) Zoning District and a OS Height and Bulk District, bounded by Lincoln Way and Martin Luther King Jr. Drive.

 

PARKING VARIANCE SOUGHT:  The project proposes demolition of an existing greenhouse nursery and construction of a replacement nursery and ancillary structures (shade house, head house, etc.) containing a total of 11,150 square feet within the Strybing Arboretum and Botanical Garden at Golden Gate Park.

PLANNING CODE SECTION 151 requires one off-street parking space for each 4,000 square feet for greenhouse uses or three off-street parking spaces for the subject project.  The project provides one off-street (ADA-accessible) parking space; 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/2012.0541V.pdf.

 

(PILAR LAVELLEY)

7.                                            2011.0918V:   20-22 DARRELL PLACE, Lot 017 in Assessor's Block 0085 in a RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is for exterior alterations to the existing residential building that includes installing horizontal wood siding, replacing windows and installing new window openings, infill of light well at south (side) elevation, and reconstruction of non-conforming rear decks and construction of new rear deck at first floor.  A Certificate of Appropriateness for the proposed project was approved by the Historic Preservation Commission at a regularly scheduled public hearing on June 6, 2012 (Case No. 2011.0918A, Motion No. 0160). 

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 16 feet.  The proposed reconstructed decks would encroach approximately 4 feet into the required rear yard and result in a rear yard of approximately 12 feet; 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 may be altered provided no new discrepancy is created. The original deck on the existing building is a non-complying structure as it was constructed within the required rear yard. The proposed new deck would reconstruct the non-complying feature, and add another deck level, and thus 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/2011.0918V.pdf.

 

 (RICHARD SUCRE)

8.                                            2012.0154V:   3415 21ST STREET, Lot 066 in Assessor's Block 3618 in a RM-2 (Residential- Mixed, Moderate Density) Zoning District, the Liberty-Hill Historic District, and a 40-X Height and Bulk District.

 

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal includes removal of an existing rear addition/deck and construction of a new rear addition, deck, and carport. The enclosed portion of the new addition will be 46 sq ft larger than the existing addition. The new carport will hold one off-street parking space.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 18 ft 4 in, which is equivalent to the depth of the rear (south) building wall of the adjacent property.  Currently, the existing single-family residence intrudes into the rear yard by 13 ft 10 in.  The new proposal would replace an existing rear addition in the required rear yard with a larger addition, deck and carport without extending deeper into the lot; therefore, a rear yard variance is required.

PER SECTION 188 OF THE PLANNING CODE, noncomplying structures are not permitted to be expanded. The existing building is considered a legal noncomplying structure because portions of the building encroach into the required rear yard. The proposal would intensify the noncomplying structure by constructing a new addition and carport within the required rear yard, which would be contrary to Section 188. Thus, the project requires a noncomplying structure variance from Planning Code 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/2012.0154V.pdf.

 

 (RICHARD SUCRE)

9.                                            2012.0702V:   331 NEVADA STREET, Lot 027 in Assessor's Block 5699 in a RH-1 (Residential-House, One Family) Zoning District, Bernal Heights Special Use District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal includes removal of an existing rear deck (19'-5" by 17') at the first floor and construction of two new rear decks (19'-5" by 13') at the first and second levels.

PER SECTION 242(e)(2) OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 24' 6".  A portion of the proposed deck at the first floor would extend approximately 6' into the required rear yard and a portion of the proposed deck at the second floor would extend approximately 3' into the required rear yard; therefore, a rear yard 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/2012.0702V.pdf.

 

 

(RICK CRAWFORD)

10.                                          2010.1033V:   4226 - 22ND STREET, Lot 015 in Assessor's Block 2766 in a RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD, EXPOSURE AND NONCONFORMING STRUCTURE VARIANCES SOUGHT:  The proposal is to legalize the construction of a one-story, single-family dwelling at the rear of the subject property.  The project also includes a horizontal expansion at the front of the existing building.

PLANNING CODE SECTION 134 requires a rear yard of 36 feet for the subject property.  The structure proposed for legalization was built within the required rear yard at the rear property line within the required rear yard; therefore, the project requires a variance.

PLANNING CODE SECTION 140 requires that each dwelling face a public street/alley, side yard, inner court yard (all at least 25 feet in width) or Code-complying rear yard. The project adds a dwelling that does not face any of these features; therefore, the project requires a variance.

PER SECTION 188 OF THE PLANNING CODE expansion of a noncomplying structure that increases the structure’s degree of noncompliance is prohibited.  The existing building encroaches into the required rear yard; therefore, the project requires a 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/2010.1033V.pdf.

 

(SHARON YOUNG)

11.                                          2012.0395V:   2529 - 2533 POST STREET, Lot 049 in Assessor's Block 1081 in a RH-3(Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is removal and replacement of existing decks and exit stairs at the rear of the three-story, three-unit building.  The proposed rear decks will be set back approximately 13’6” from the north property line and will abut the south property line with a one hour fire-rated wall with a height of approximately 28’ above grade.  The new rear exit stairs will be set back approximately 5’ from the north and east property lines. 

SECTION 134 OF THE PLANNING CODE requires a rear yard in an RH-3 Zoning District to be equivalent to 45 percent of the total lot depth, or when using averaging, no less than 25 percent of the lot depth or 15 feet, whichever is greater.  The subject property, with a lot depth of 110 feet, has a required rear yard of 27’6”.  The new rear deck and exit stairs will extend entirely into the required rear yard.

SECTION 188 OF THE PLANNING CODE prohibits the expansion or replacement of a noncomplying structure.  Because a portion of the existing building already encroaches into the required rear yard, it is considered a legal noncomplying structure.  Therefore, the proposed replacement and 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/2012.0395V.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