March 26, 2014

Notice of Hearing on Application For Zoning Variance
CITY HALL - Room 408, 1 Dr. Carlton B. Goodlett Place

Wednesday, March 26, 2014

Public Hearing - Session Begins at 9:30 A.M

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 and Audio Recording of the Hearing are available on the Internet at http://www.sfplanning.org

Accessibility, Language Assistance and Sunshine Ordinance

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.

1. 2013.0892V: 1544 CAYUGA AVENUE, Lot 014 in Assessor's Block 7041 in a RH-1 (Residential- House, One Family) Zoning District and a 40-X Height and Bulk District. (CASEY NOEL)

REAR YARD VARIANCE SOUGHT: The project includes a reconstruction and expansion of an existing deck and addition of a wheelchair lift at the rear of the property.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard depth of 21.25 feet. The existing building already encroaches into the required rear yard and is therefore a noncomplying structure. The deck proposed for construction and expansion would be 11 feet deep and 11 feet, 6 inches wide and extend to the Northeast side property line with a firewall. The proposed wheelchair lift would be located to the southwest of the proposed deck. The proposed deck and wheelchair lift encroach 5 feet into the required rear yard and 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/2013.0892V.pdf.

2. 2014.0031V: 1150 WEBSTER STREET, Lot 032 in Assessor's Block 0748 in a RM-3 (Residential- Mixed, Medium Density) Zoning District and a 50-X Height and Bulk District. (LAURA AJELLO)

FRONT SETBACK VARIANCE SOUGHT: The subject property is occupied by 68 dwelling units located in four buildings, three of which front on Webster, Turk and Eddy Streets. The proposal is to 1) remove four metal security enclosures and replace them with freestanding security walls and replace private street level patio fencing within the same footprint on two 3-story buildings fronting Webster and Eddy Streets; and 2) install 2-story moment frames (structures for seismic safety) with stucco surrounds at the front of a 2-story building fronting Turk Street.

PLANNING CODE SECTION 132 requires that the subject property maintain a front setback of ten feet, six inches (10'-6") along the Webster Street frontage, four feet, two inches (4'-2") along the Turk Street frontage, and one foot, eight inches (1'-8") along the Eddy Street frontage. At the Webster Street frontage, the project proposes to construct security walls and patio fences that extend approximately 9' into the required front setback. At the Turk Street frontage, the project proposes to construct security walls and patio fences that extend 1'-10" into the required front setback. At the Eddy Street frontage, the project proposes to construct security walls and patio fences that extend 1'-8" into the required front setback. Therefore the project requires a variance from the front setback 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/2014.0031V.pdf.

B. REGULAR 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.

3. 2013.0465V: 2479 FRANCISCO STREET, Lot 026A in Assessor's Block 0931 in a RH-3(Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District. (GLENN CABREROS)

FRONT SETBACK AND REAR YARD VARIANCES SOUGHT: The project proposes facade alterations and construction of a new third floor, a side horizontal addition at the front entry stairs and a rear horizontal addition to the existing two-story, single-family residence.

PLANNING CODE SECTION 132 requires an approximately 6-foot front setback at the project. The existing building has no front setback, so additions to the noncomplying portion at the front of the building would require a front setback variance. The new 3rd floor is proposed to project 3 feet into the required front setback.

PLANNING CODE SECTION 134 requires an approximately 16-foot deep rear yard for the subject property, which is equal to 25% of the lot depth. The existing building has a rear yard of approximately 17 feet. The project proposes a one-story (14' wide) horizontal addition that would project approximately 13 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/2013.0465V.pdf.

4. 2012.0747V: 882 CAROLINA STREET, Lot 030 in Assessor's Block 4096 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (BRITTANY BENDIX)

FRONT SETBACK, EXPOSURE AND REAR YARD VARIANCES SOUGHT: The proposal includes a vertical and horizontal addition to the subject building and the establishment of a second dwelling unit.

PER SECTION 132 OF THE PLANNING CODE the project is required to maintain a front setback of 8.25 feet. The existing building has a front setback of 5.5 feet and is considered to be a legal non-complying structure. The proposal will increase the volume of the existing second story by converting the massing from a pitched to a flat roof, while maintaining the 5.5 foot front setback. This requires a variance.

PER SECTION 134 OF THE PLANNING CODE the project is required to maintain a required rear yard of 41.75 feet. The existing building has a rear yard of 16.5 feet and is considered to be a legal non-complying structure. The proposal will increase the volume of the second story by converting from a pitched to a flat roof, while maintaining the 16.5 foot rear yard. This requires a variance.

PER SECTION 140 each dwelling unit must have exposure onto an open area that has a minimum dimension of 25 feet by 25 feet. The proposed second dwelling unit will have exposure onto the existing rear yard of 25 feet by 16.5 feet. This 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/2012.0747V.pdf.

5. 2013.1592V: 1177 GUERRERO STREET, Lot 016 in Assessor's Block 3645 in a RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District. (DANIELLE HARRIS)

REAR YARD VARIANCE SOUGHT: The proposal is to demolish an existing 417 square foot non-complying rear shed with a height of 10'-4" and replace it with a 329 square foot structure (trellis and green roof) with a height of 10'-1".

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 45 feet. The proposed structure is located along the entire rear property line and encroaches approximately 12 feet into the required rear yard. Therefore, the project requires a variance from the rear yard requirement of Planning Code Section 134.

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/2013.1592V.pdf.

6. 2013.1670V: 51 OAKWOOD STREET, Lot 097 in Assessor's Block 3587 in a RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (EILIESH TUFFY)

REAR YARD VARIANCE SOUGHT: The proposal is for work to the rear building on the lot, which is an existing non-complying building located within the rear yard setback. An existing front staircase and deck with dry rot are proposed to be rebuilt to match with an upgraded, 12 foot 8-1/4 inch high firewall abutting the north property line to meet code requirements.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 42 feet. The proposed staircase and deck reconstruction would encroach into the required rear yard; therefore, the project requires a variance from the rear yard requirement (Section 134) 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/2013.1670V.pdf.

7. 2013.1209V: 2872 FOLSOM STREET, Lot 011 in Assessor's Block 6520 in a RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District. (ERIKA JACKSON)

REAR YARD VARIANCE SOUGHT: The proposal is to legalize an existing approximately 500 square foot rear addition on the ground floor of an existing residential/institutional use.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of approximately 30 feet. The rear addition proposed for legalization encroaches approximately 14 feet into the required rear yard and results in a rear yard of 16 feet; 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/2013.1209V.pdf.

8. 2010.0931V: 2825 LAKE STREET, Lot 001A in Assessor's Block 1389 in a RH-1 (D) (Residential- House, One Family- Detached) Zoning District and a 40-X Height and Bulk District. (GLENN CABREROS)

REAR YARD AND SIDE YARD VARIANCES SOUGHT: The project proposes new third floor and rear horizontal additions to the existing two-story, single-family house. A one-story vertical addition above the existing garage structure is also proposed.

PLANNING CODE SECTION 134 requires a rear yard depth equivalent to 25 percent of the lot depth. The project requires an approximately 19 foot rear yard at the greatest depth. As the existing house and garage structure are within the required rear yard, any expansion of these structures would require a rear yard variance.

PLANNING CODE SECTION 133 requires two 5-foot side yards at the property. The existing garage structure is constructed into the western required side yard, and the vertical expansion of the garage structure would require a side yard variance, in addition to the rear yard variance referenced above.

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/2010.0931V.pdf.

9. 2013.1160V: 562 - 564 FELL STREET, Lot 011 in Assessor's Block 0819 in a RTO (Residential Transit Oriented District) Zoning District and a 40-X Height and Bulk District. (GLENN CABREROS)

REAR YARD VARIANCE SOUGHT: The project proposes a one-story vertical addition and alterations to the rear portion of the existing three-story, two-unit building to result in a four-story, three-unit building.

PLANNING CODE SECTION 134 requires a rear yard equal to 25 percent of the lot depth for the subject property, which is equivalent to 19 feet. The existing building is constructed approximately 17 feet into the required rear yard. The proposed vertical addition would project approximately 11 feet into the required rear yard, but within the existing building footprint. Alterations to the northeast corner of the existing building and construction of the last 11 feet of the vertical addition would require 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/2013.1160V.pdf.

10. 2013.1369V: 1811 BAKER STREET, Lot 006 in Assessor's Block 1023 in a RH-2 (Residential-House, Two Family) Zoning District and a 40-X Height and Bulk District. (SARA VELLVE)

REAR YARD VARIANCE SOUGHT: The proposal is to expand the existing two-story, single-family house horizontally and vertically, including a three-story horizontal addition at the rear of the building.

PER SECTION 134 OF THE PLANNING CODE, the required rear yard for the subject property is approximately 35 feet. The horizontal addition at the rear of the building would extend approximately 9 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/2013.1369V.pdf.

11. 2013.1800V: 566 - 10TH AVENUE, Lot 032 in Assessor's Block 1552 in a RH-1 (D) (Residential- House, One Family- Detached) Zoning District and a 40-X Height and Bulk District. (SARA VELLVE)

SIDE YARD VARIANCE SOUGHT: The proposal is to construct a three-story horizontal addition at the rear of the three-story, single-family dwelling. The north portion of the addition would project into the required 3-foot side yard along the north side property line.

SECTION 133 OF THE PLANNING CODE requires a 3-foot wide side yard for the subject property along each side property line. The proposed rear addition would project to the north side property line, providing no side 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/2013.1800V.pdf.

12. 2013.0791V: 135 BELGRAVE AVENUE, Lot 046 in Assessor's Block 2688 in a RH-1 (D) (Residential- House, One Family- Detached) Zoning District and a 40-X Height and Bulk District. (SHARON LAI)

SIDE YARD VARIANCE SOUGHT: The project proposes to construct second floor horizontal expansions at the front and rear of the two-story, single-family home.

PLANNING CODE SECTION 133 requires two 5-foot side yards for the subject property. The existing building currently encroaches approximately 1 foot, 6 inches into both required side yards. The proposed horizontal expansions will also encroach approximately 1 foot, 6 inches into both required side yards to match the existing building setback.

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/2013.0791V.pdf.

13. 2013.1758V: 384 - 11th AVENUE, Lot 026A in Assessor's Block 1442 in a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and a 40-X Height and Bulk District. (SHARON YOUNG)

REAR YARD AND USABLE OPEN SPACE VARIANCE SOUGHT: The proposal is to convert an existing three-story dental office building back into a single-family dwelling. The dental office building was previously a single-family dwelling prior to 1978.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 15 feet. Currently, the 30'-0" wide by 32'-6" deep building abuts the front and rear property lines and maintains a 2'-6" side yard along the south side property line. The project requires a variance from the rear yard requirement (Section 134) of the Planning Code because rear yards are required at the lowest story containing a dwelling unit, and at each succeeding level or story of the building.

PER SECTION 135 OF THE PLANNING CODE any space credited as private usable open space shall have a minimum horizontal dimension of 10 feet and a minimum area of 100 square feet if located on open ground, a terrace or the surface of an inner or outer court. The project requires a variance from the usable open space requirement (Section 135) since the private usable open space on the side yard has a minimum horizontal dimension of 2'-6" and a minimum area of 81.25 square feet.

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/2013.1758V.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

Hearing Procedures

The Zoning Administrator typically holds Variance Hearings on the 4th Wednesday of each month at 9:30 a.m., at the San Francisco City Hall, Room 408. City Hall is located at One Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. Hearings are open to the public.

At the hearing, the Project Sponsor (Variance Applicant) will be given 5 minutes to present their case, including relevant testimony and evidence. The hearing room is equipped with a projector that can display photographs, architectural plans or other drawings and images. Members of the public will be given 3 minutes each to speak on the item. If a member of the public speaks against an item, the Project Sponsor will be given a 3 minute rebuttal.

Persons attending a hearing may comment on any scheduled item. When speaking, please note that a timer is displayed for each speaker and indicates how much time remains. Speakers will hear a loud sound indicating that the speaker's opportunity to address the Zoning Administrator has ended.

Please note that some items may appear on the Consent Calendar. These items are considered routine and may be granted by the Zoning Administrator. There is no separate discussion of consent items unless the Zoning Administrator, member of the public or staff so requests, in which event the matter is removed from the Consent Calendar and will be moved to the Regular Calendar in the Agenda.

In addition, the Zoning Administrator may consider a request for continuance to a later date. He may choose to continue the item to the date proposed, to continue the item to another date, or to hear the item on this calendar.

After all of the testimonies are submitted, the Zoning Administrator will consider the evidence, deliberate, and either make a decision, take the matter under advisement, or continue the matter in order for additional information to be presented.

Each hearing ends with general public comment, at which time members of the public may address the Zoning Administrator for up to 3 minutes 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 during the meeting.

All Agenda of Variance Hearings and its Audio Recording (from June 2010 to present) are available on our website for access.

Sound-Producing Devices Prohibited

The ringing of and use of mobile phones and other sound-producing electronic devices are prohibited at this meeting. Please be advised that the Zoning Administrator may order the removal of any person(s) responsible for the ringing or use of a mobile phone, pager, or other similar sound-producing electronic devices (67A.1 Sunshine Ordinance: Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

Decision Letter and Appeal Process

No decision is final until a Variance Decision Letter is issued. Due to current backlogs, decision letters may take up to 2 months to complete from the date of the hearing. The Zoning Administrator's action to grant or deny a variance application may be appealed to the Board of Appeals within 10 days of the date of the Decision Letter. For more information on how to file an appeal, please contact the Board of Appeals in person at 1650 Mission Street, Suite 304, call (415) 575-6880, or visit the San Francisco Board of Appeals website.

Protest of Fee or Exaction

You may protest any fee or exaction subject to Government Code Section 66000 imposed as a condition of approval in accordance with Government Code Section 66020. The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction. For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development.

The Zoning Administrator's approval or conditional approval of the development subject to the challenged fee or exaction as expressed in its Motion, Resolution, or Discretionary Review Action or the Zoning Administrator's Variance Decision Letter will serve as Notice that the 90-day protest period under Government Code Section 66020 has begun.

Challenges

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Zoning Administrator or Planning Commission, at, or prior to, the public hearing.

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code

If the Zoning Administrator’s or Commission’s action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16. This appeal is separate from and in addition to an appeal of an action on a project. Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA. For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184. If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.