June 25, 2014

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

Wednesday, June 25, 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. 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.

To be continued on Thursday, August 7, 2014, at the regularly scheduled weekly Planning Commission Hearing at City Hall:

1. 2013.0831V: 1784 SANCHEZ STREET, Lot 014 in Assessor's Block 6653 in a RH-2 (Residential-House, Two Family) Zoning District and a 40-X Height and Bulk District. (MICHAEL SMITH)

REAR YARD VARIANCE SOUGHT:  The project includes a 5' rear extension to the existing single-family dwelling. The horizontal extension is proposed for the rear of both the existing first and second floors. The proposal will also enclose an existing stairwell at the rear and expand the rear of the building 4' to the south.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard depth between 28 and 33 feet (due to the irregular configuration of the rear property line).  The existing building already encroaches into the required rear yard and is therefore a noncomplying structure.  The proposed 5' rear addition would be located entirely within the required rear yard and require 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/2013.0831V.pdf.

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.

2. 2014.0572V: 1155 CHURCH STREET, Lot 028 in Assessor's Block 3650 in a RM-1 (Residential-Mixed, Low Density) Zoning District and a 40-X Height and Bulk District. (MARCELLE BOUDREAUX)

EXPOSURE VARIANCE SOUGHT: The proposal is to add a third dwelling unit to an existing two-family building.

PLANNING CODE SECTION 140 requires that all dwelling units in all use districts face onto an open area. In any dwelling unit, the required windows must meet minimum size requirements and be unobstructed. The front of the proposed dwelling unit includes a window facing the street that is smaller than required and the rear includes windows that face the rear yard that are obstructed by deck/stairs; therefore, the proposal 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/2014.0572V.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. 2014.0249V:   227 - 3RD AVENUE, Lot 013 in Assessor's Block 1430 in a RM-1 (Residential-Mixed, Low Density) Zoning District and a 40-X Height and Bulk District. (ALEXANDRA KIRBY)

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a deck (9'-6" above grade) projecting 10’-10” from the rear wall of the two-story, single-family house.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 54'. The proposed rear deck would encroach approximately 14' into the required rear yard and result in a rear yard of 39'-6"; 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/2014.0249V.pdf.

4. 2014.0249V:    227 - 3RD AVENUE, Lot 013 in Assessor's Block 1430 in a RM-1(Residential- Mixed, Low Density) Zoning District and a 40-X Height and Bulk District. (ALEXANDRA KIRBY)

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a deck (9'-6" above grade) projecting 10’-10” from the rear wall of the two-story, single-family house.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 54'. The proposed rear deck would encroach approximately 14' into the required rear yard and result in a rear yard of 39'-6"; 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/2014.0249V.pdf.

5. 2014.0304V:   2612 SCOTT STREET, Lot 016 in Assessor's Block 0561 in a RH-1(Residential- House, One Family) Zoning District and a 40-X Height and Bulk District. (ALEXANDRA KIRBY)

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a 4' deep extension of the first floor and a 2'-6" extension of the second floor at the rear of the 4-story single-family house. A deck would be constructed above the first floor extension and a new spiral staircase with firewall would connect the deck to the rear yard.  The firewall would extend 11' beyond the proposed first floor building wall.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 28'-2". The proposed firewall, parapet and spiral stairs would encroach approximately 8' into the required rear yard and result in a rear yard of 20'; 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/2014.0304V.pdf.

6. 2012.1572V:  3420 - 18TH STREET, Lot 090 in Assessor's Block 3576 in a Mission St NCT (Mission Street Neighborhood Commercial Transit) Zoning District and a 55-X Height and Bulk District. (BRITTANY BENDIX)

REAR YARD MODIFICATION AND STREET FRONTAGE VARIANCES SOUGHT:  The project will demolish the existing single-story, 4,675-square-foot industrial building and construct a five-story, 19,578-square-foot, 16-unit residential building with ground floor retail.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 1,169 square feet, equal to 25% of the lot area, at the second story and above. While the proposal includes approximately 2,900 square feet of open space located on the roof and at the rear (northeast corner) of the lot; the project does not provide a 25% rear yard; therefore, the project requires a modification of the rear yard requirement.

PER SECTION 145.1 OF THE PLANNING CODE off-street parking at street grade must be setback at least 25 feet on the ground floor from any facade facing a street at least 30 feet in width. The proposed parking is setback 23.75 feet from the 18th Street facade; therefore, a variance from the street frontage requirement for off-street parking setback 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/2012.1572V.pdf.

7. 2014.0002V:   1244 TREAT AVENUE, Lot 009A in Assessor's Block 6524 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (CHRISTOPHER TOWNES)

REAR YARD VARIANCE SOUGHT:  The proposal includes replacement of an existing one-story detached storage shed with a new one-story detached, one-car garage (with a roof deck accessed by a new spiral staircase) located in the rear yard of an existing two-unit residential property. 

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 45% of the lot depth (or 50.6 feet).  The new proposal would abut the rear property line and be located entirely within 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/2014.0002V.pdf.

8. 2014.0071V:   232 ELSIE STREET, Lot 009 in Assessor's Block 5670 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (CHRISTOPHER TOWNES)

REAR YARD AND PARKING VARIANCES SOUGHT:  The proposal includes a remodel and 15'-0" horizontal rear addition to an existing single family residence in the Bernal Heights Special Use District.

PER SECTION 242(e)(2) OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 45% of the lot depth (or 31'-6").  The proposal would encroach 13'-1" into the required rear yard with an intrusion that exceeds half the width of the lot without providing the required offset by otherwise permitted coverage in the rear of the subject property; therefore, the project requires a variance.

PER SECTION 242(e)(4) OF THE PLANNING CODE, the subject property is required to provide two off-street parking spaces since the proposed alteration adds over 200 square feet of usable floor area, thereby requiring that parking be provided based on the entire building's usable floor area.   The property provides and maintains one off-street parking space; 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/2014.0071V.pdf.

9. 2013.0919V:    2104 BRYANT STREET, Lot 001B in Assessor's Block 4081 in a RH-2 (Residential- House, Two Family) Zoning District and a 65-X Height and Bulk District. (DOUG VU)

REAR YARD VARIANCE SOUGHT:  The proposal includes the construction of a horizontal and vertical addition to the existing nonconforming one-story, single-family dwelling. The proposed addition would extend an additional 3' into the required rear yard, necessitating the granting of a variance.

PER SECTION 134 OF THE PLANNING CODE the property is required to maintain a rear yard equal to 25 percent of the lot depth, or 15'-9". The proposal is to construct a horizontal and vertical addition that would reduce the existing 8'-4" rear yard an additional 3' to 5'-4"; 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/2013.0919V.pdf.

10. 2013.0999V:    36 BARCELONA AVENUE, Lot 021 in Assessor's Block 1114 in a RH-2 (Residential- House, Two Family) Zoning District and a 30-X Height and Bulk District. (LAURA AJELLO)

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a three-story addition and stairs at the rear of the three-story, two-unit dwelling.  The proposed addition would fill in the approximately 10' by 17' void between two existing legal noncomplying extensions on the north and south sides of the property and would not extend further than the shorter of these two extensions.  The stairs would extend approximately 11' beyond the proposed addition.

SECTION 134 OF THE PLANNING CODE requires a rear yard of 55'-3" for the subject property.  The proposed rear addition would extend to within approximately 50' of the rear property line; therefore, the proposal 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/2013.0999V.pdf.

11. 2014.0751V:   3200 HARRISON STREET, Lot 001 in Assessor's Block 5525 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (RICHARD SUCRE)

ENTRANCE TO OFF-STREET PARKING & CURB CUT VARIANCES SOUGHT:  The proposal includes construction of a one-story, vertical addition and two off-street parking spaces along Harrison Street. The useable floor area would be reduced from approximately 5,504 square feet to 5,111 square feet.

PER SECTION 144 OF THE PLANNING CODE, two or more separate entrances to off-street parking shall have a minimum separation between such entrances of 6-feet.  Currently, the project proposes two separate entrances to the off-street parking spaces, which are approximately 1-feet 6-inches apart; therefore, the project requires a variance.

PER SECTION 242(e)(5) OF THE PLANNING CODE , the subject property is limited to a curb cut of 10-feet wide.  Currently, the project proposes a curb cut of 20-ft wide to accommodate entry into the two off-street parking spaces; 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/2014.0751V.pdf.

12. 2014.0016V:   132 CORBETT AVENUE, Lot 010 in Assessor's Block 2652 in an RH-2 (Residential House Zoning, Two-Family, 40-X Bulk and Height District. (TINA CHANG)

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a second dwelling unit at the rear of the subject property (fronting 17th Street), which is developed with an existing two-story, single-family dwelling unit (fronting Corbett Street). The two buildings would be separated by a rear yard of 30'-8", or about 25% of lot depth.

SECTION 134 OF THE PLANNING CODE requires a rear yard of 56'-2". The proposed dwelling unit would be located entirely within the rear yard; 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/2014.0016V.pdf.

13. 2013.1710V:   4469 - 23RD STREET, Lot 030 in Assessor's Block 2807 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (TINA CHANG)

REAR YARD VARIANCE SOUGHT:  The proposal is for a vertical addition above an existing one-story-over-basement, single-family dwelling. The project includes a roof deck at the proposed second level.

SECTION 134 OF THE PLANNING CODE requires a rear yard of 51’ 4” for the subject property (45% of the lot depth). As the home is a legal, non-complying structure located entirely within the rear yard, the proposed vertical addition would also fall entirely within the required rear yard, requiring a variance from the rear-yard requirement.

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/2013.1710V.pdf.

14. 2013.1819V:   2621 SAN JOSE AVENUE, Lot 028 in Assessor's Block 7063 in an RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District. (THOMAS WANG)

REAR YARD VARIANCE SOUGHT:  The proposal is to legalize a one-story addition, at the rear of the existing two-story, single-family dwelling. The requested one-story rear addition would be 19 feet wide, 6 feet deep and 14 feet tall above grade.   

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a minimum rear yard depth of 54 feet 10 inches, measured from the mid-point of the rear property line. The requested one-story rear addition would encroach 7 feet into the required rear yard to within 47 feet 10 inches of the rear property line.

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/2013.1819V.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.