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

Wednesday, August 27, 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

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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 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, October 23, 2014, at the regularly scheduled weekly Planning Commission Hearing at City Hall:

 

 (KATE CONNER)

1.            2013.1652V:   312 GREEN STREET, Lot 016 in Assessor's Block 0114 in a RM-1

(Residential- Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a third floor and fourth floor addition to a two-story, single-family residence. The third story addition encroaches 10’‐6” into the 15’‐0” required rear yard. Included in the proposal are exterior stairs from the third story to the fourth story which also encroach into the required rear yard. The subject dwelling is currently noncomplying and occupies the full lot.

PLANNING CODE SECTION 134 requires 15 foot rear yard. The third story addition encroaches 10’‐6” into the 15’‐0” required setback. Exterior stairs from the third story to the fourth story are included in the proposal which also encroach into the 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/2013.1652V.pdf.

 

 

 

 

B.      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.

 

 (MARCELLE BOUDREAUX)

2.            2014.0571V:   3652 - 22ND STREET, Lot 015 in Assessor's Block 3620 in a RH-1

(Residential- House, One Family) Zoning District, Dolores Heights Special Use District, and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal seeks to modify a portion of the roof on an existing single-family dwelling. In the rear of the dwelling at the breakfast room, a shed roof currently exists and the proposal seeks to create a flat roof that will raise the height approximately 2 feet 10 inches. The breakfast room sits partially within the required rear yard.

PLANNING CODE SECTION 241 requires a rear yard depth of 51 feet 4 inches for the subject property. The breakfast room projects approximately 5 feet into the required rear yard. Work proposed to modify the roof will increase the building envelope within the required rear yard, and therefore 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/2014.0571V.pdf.

 

(TOM WANG)

3.            2014.0385V:   70 MARTHA AVENUE, Lot 046 in Assessor's Block 6735 in a RH-1

(Residential- House, One-Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal includes the construction of a deck at the rear of the existing single-family dwelling's basement, ground and second floors, respectively. A spiral stairway, proposed to be adjacent to the basement rear deck, would provide a connection between this deck and grade.  

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a minimum rear yard depth of eighteen feet, measured from the rear property line. The three levels of proposed rear decks and spiral stairway would all encroach one foot six inches into the required rear yard to within sixteen feet six 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/2014.0385V.pdf.

 

 

B.      REGULAR CALENDAR

 

 (ALEXANDRA KIRBY)

4.            2014.0425V:   981 GROVE STREET, Lot 024 in Assessor's Block 0803 in a RH-2

(Residential- House, Two Family) Zoning District, a 40-X Height and Bulk District and the Alamo Square Historic District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a one-story horizontal addition at the rear of the one-story, single-family house. The addition would be 3 feet deep, 17 feet wide and 10 feet high. The proposal also includes a 42-inch high, 9-foot wide one-hour fire wall along the east side of a proposed deck constructed on the roof of the existing non-conforming first floor. Not subject to the variance are a proposed vertical addition to add a second story to the residence; excavation of a basement level below grade beneath the required rear yard; and alterations to the existing entry stair within the required front setback.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 61 feet, 10 inches; the existing rear yard is non-conforming, with a depth of 51 feet, 7 inches.  The proposed horizontal addition would encroach an additional three feet into the required rear yard and result in a rear yard of 48 feet, 6 inches; therefore, the project requires a variance from the rear yard requirement of the Planning Code.  The project also requires a Certificate of Appropriateness, the hearing for which is scheduled at the Historic Preservation Commission on August 6, 2014 (Case 2014.0425A).

 

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/2014.0425V.pdf.

 

 (ERICA JACKSON)

5.            2014.0340V:    132 COLERIDGE STREET, Lot 074 in Assessor's Block 5615 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 an existing 200 square foot rear horizontal extension extending 12 feet beyond the existing rear building of the existing three-family residential building.


PER SECTION 242(e)(2)(B) OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 45 feet 8 inches.  The existing building encroaches approximately 10 feet into the required rear yard and the rear addition to be legalized encroaches approximately 12 feet further into the required rear yard and results in a rear yard of 23 feet 9 inches; 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/2014.0340V.pdf.

 

 (ESMERALDA JARDINES)

6.            2014.0099V:    731 WISCONSIN STREET, Lot 030 in Assessor's Block 4098 in a RH2

(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to legalize a new 235 square foot rear yard structure located in the required rear yard. The structure is approximately 10 feet in height and will be used as a personal physical therapy room.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 45 feet. The existing rear yard is nonconforming at 36 feet. The rear structure proposed for legalization results is located entirely within the required rear yard (3 feet, 6 inches from the rear property line); 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/2014.0099V.pdf.

 

 (JEFFREY SPEIRS)

7.            2013.0772V:   3332 FOLSOM STREET, Lot 007 in Assessor's Block 5544 in a RH2

(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

FRONT SET BACK AND REAR YARD VARIANCES SOUGHT: The proposed project is a rear addition, a side infill at the front, and a vertical addition which includes raising the existing building 42 inches to accommodate a new garage.  A new entry stair is also proposed to accommodate the change in height.

PER SECTION 132 OF THE PLANNING CODE the subject project is required to provide a front setback of approximately 5 feet 10 inches.  The existing front setback is 4 feet 4 inches. The project raises the existing non-complying building; therefore, the project requires a variance.


PER SECTION 242 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 36 feet.  The proposed ground floor addition would encroach approximately 10 feet 2 inches into the required rear yard and result in a rear setback of approximately 27 feet and 5 inches; 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/2013.0772V.pdf.

 

 (JESSICA LOOK)

8.            2014.0486V:  807 BOSWORTH STREET, Lot 032 in Assessor's Block 6758 in a RH-2

(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD AND EXPOSURE VARIANCES SOUGHT:  The project proposes demolition of an existing concrete one car garage located in the front of the lot, and construction of a new single family residence in front of an existing single-family dwelling unit located in the rear of the lot.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard equal to 45 percent of the lot depth, or 45 feet.  Additionally, the Planning Code requires a rear yard equal to 25 percent of lot depth between two buildings on one lot.  The proposal is to construct a new single-family dwelling at the front of the property without any separation between the two buildings; therefore, a variance is required.

PER SECTION 140 OF THE PLANNING CODE, the subject property is required to have windows of each unit face directly on an open area. Since the existing rear yard of the subject property is not code compliant, the rear unit will not meet the exposure requirements if the proposed building is constructed at the front. As such, the rear unit requires a variance from the exposure 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/2014.0486V.pdf.

 

 (MARCELLE BOUDREAUX)

9.            2014.0670V:   161 DE SOTO STREET, Lot 006 in Assessor's Block 6920 in a RH-1

(D)(Residential- House, One Family- Detached) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal seeks to demolish an existing 10'x20' one-car garage in the rear yard, accessed by a driveway from the street. The plans are to rebuild a 25'x25' two-car garage within the rear yard, with no change in the existing driveway or main residence.

PLANNING CODE SECTION 134 requires a rear yard depth of 29 feet 9 inches for the subject property. Work proposed to construct a new garage will be entirely within the required 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/2014.0670V.pdf.

 

(PILAR LAVALLEY)

10.          2014.0361V:    1055 GREEN STREET, Lot 024 in Assessor's Block 0126 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 for alterations at the second-story of the rear elevation only. The lower portion of the existing bay window, and a pair of windows, will be removed and a new painted metal balcony (approximately 22 feet long by 3.5 feet deep) accessed by new sliding doors will be installed.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 61.5 feet.  The existing building, which is three-stories at the rear elevation, is nonconforming as it extends approximately 12 feet into the required rear yard. The proposed balcony, which will be added at the second-story of the rear elevation, will not add additional depth to the building (compared to the existing bay windows), but it is located 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/2014.0361V.pdf.

 

 (SHARON LAI)

11.          2014.0650V:    1372 FRANCISCO STREET, Lot 013A in Assessor's Block 0473 in a

RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The project proposes to construct a fourth floor vertical addition and a four-story horizontal addition at the rear of the three-story, single-family house.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 25 feet, where the last 10 feet of the building is limited to 30 feet in height. The proposed four-story horizontal addition is partially located within 10 feet of the required rear yard and is approximately 40 feet in height.

 

 

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/2014.0650V.pdf.

 

(SHARON LAI)

12.          2014.0557V:   28 - 25th AVENUE, Lot 003 in Assessor's Block 1302 in a RH-1

(D)(Residential- House, One Family- Detached) Zoning District and a 40-X Height and Bulk District.

 

SIDE YARD VARIANCE SOUGHT:  The project proposes to demolish the existing detached garage and construct a new structure with a smaller footprint in a similar location along the south side property line. The project also proposes a partial infill (approximately 2 feet) under the existing north side bay window projection. Other modifications include a rear horizontal addition within the buildable envelope and window and door alterations.

PER SECTION 133 OF THE PLANNING CODE, the subject property is required to maintain two side yards of 4 to 5 feet based on the increasing width of the lot. The proposed new detached garage structure is located within the 5 foot required south side 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/2014.0557V.pdf.

 

 (SHARON YOUNG)

13.          2014.0426V:   409 CLAYTON STREET, Lot 005 in Assessor's Block 1225 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 (1) construct an approximately 163 square-foot infill addition with deck above at the rear of the 3rd floor and (2) construct an approximately 70-square foot rear deck on the 2nd floor and replace exit stairs (with firewall abutting the north property line) which will extend into the required rear yard of the four-story, single-family dwelling. The project includes a new dormer to raise the height of the existing 4th floor bedroom to accommodate new doors providing access to the deck above the proposed rear addition. 

SECTION 134 OF THE PLANNING CODE requires the subject property to maintain a rear yard of approximately 48 feet. A portion of the proposed infill rear addition with deck above will extend approximately 10 feet into the required rear yard and the new 2nd floor rear deck and replacement stairs will be located entirely within 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/2014.0426V.pdf.

 

(TINA CHANG)

14.          2013.1521V:   22 ORD COURT, Lot 067 in Assessor's Block 2619 in a RH-2

(Residential-House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal includes the construction of a 42' deep, four-story, 2,959 SF, single-family dwelling at the rear of the property (behind an existing single family dwelling). The proposed dwelling fronts on States Street and includes a garage, 4 bedrooms, 3 bathrooms, 2 powder rooms and deck at the front of the 4th level. A 29'-7" yard would separate the existing and proposed buildings.  While not subject to this variance, a one-story vertical addition is proposed for the existing building at 22 Ord Court.

PER SECTION 134 OF THE PLANNING CODE the property is required to maintain a rear yard equal to 45 percent of the lot depth, or 53'. The proposal is to construct a new single family dwelling at the rear of the property; 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/2013.1521V.pdf.

 

(TINA CHANG)

15.          2013.1522V:   24 ORD COURT, Lot 066 in Assessor's Block 2619 in a RH-2

(Residential-House, Two Family) Zoning District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal includes the construction of a 39'-3" deep, four-story, 2,793 SF, single-family dwelling at the rear of the property (behind an existing single family dwelling). The proposed dwelling fronts on States Street and includes a garage, 4 bedrooms, 3 bathrooms, 2 powder rooms and deck at the front of the 4th level. A 29'-7" yard would separate the existing and proposed buildings. 

PER SECTION 134 OF THE PLANNING CODE the property is required to maintain a rear yard equal to 45 percent of the lot depth, or 53'. The proposal is to construct a new single family dwelling at the rear of the property; 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/2013.1522V.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.

 

Last updated: 8/25/2014 11:11:56 AM