December 3, 2014

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

Wednesday, December 3, 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:

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.

 (ALEXANDRA KIRBY)

1. 2014.1752V:   176 EDGEWOOD AVENUE, Lot 030 in Assessor's Block 2642 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 proposal is to enclose a portion of the existing covered entry porch at the south side of the two-story-over-garage single-family house. The proposed project will not increase the footprint of the existing building.

PLANNING CODE SECTION 133(a)(2) requires a minimum 5-foot cumulative setback from the side property lines. The entry porch proposed to be enclosed encroaches approximately 5 feet into the required 5-foot south side yard; therefore, the project requires a variance from the side 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/2013.1752V.pdf.

(ALEXANDRA KIRBY)

2. 2014.1376V:   430 EL CAMINO DEL MAR, Lot 008 in Assessor's Block 1308 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 is to construct a one-story horizontal addition, measuring 10 feet, 7 1/2 inches deep by 4 feet, 9 inches wide by 8 feet, 6 inches in height, at the rear of the two-story, single-family house. The addition will be set back 4 feet from the side (west) property line and approximately 25 feet from the rear (south) property line. 

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 34 feet, 3 inches.  The proposed addition would encroach 8 feet, 6 inches into the required rear yard; 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/2014.1376V.pdf.

(GONZALO MOSQUERA)

3. 2014.1423V:   1 FRANKLIN STREET, Lot 003 in Assessor's Block 0837 in a NCT-3

(Neighborhood Commercial Transit District) Zoning District and a 50-X/85-X Height and Bulk District.

PERMITTED OBSCTRUCTION VARIANCE SOUGHT:  The proposal is to construct an 8-story mixed-use structure with ground-floor commercial space and 35 residential units on an existing surface parking lot.  The project was previously granted a variance from the permitted obstruction requirement on April 6, 2010 (Case No. 2010.0102V); however, the project was not built and the variance subsequently expired. 

SECTION 136 OF THE PLANNING CODE states that permitted obstructions (bay windows) over the public right-of-way are limited to extend over the property line 2-feet where the sidewalk is 9-feet or less and 3-feet where the sidewalk is over 9-feet in width. The maximum width allowed for a bay window is 15-feet, narrowed at a 45-degree angle to a maximum width of 9-feet as it extends over the property line. The minimum horizontal separation between bay windows is 2-feet at the property line, widened at a 135-degree angle to a minimum width of 8-feet as it extends over the property line. The proposed bay windows do not meet the projection, width, or separation requirements; therefore, the project seeks a variance from the requirements of Section 136.

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/2014.1423V.pdf.

 (TOM WANG)

4. 2014.0288V:   4341 CESAR CHAVEZ STREET, Lot 023 in Assessor's Block 6583 in an RH-1 (Residential-House, One Family) Zoning District and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT:  The proposal is the in-kind replacement of a second floor balcony at the front of the existing three-story, single-family dwelling.

PER SECTION 132 OF THE PLANNING CODE, the subject lot is required to maintain a front setback of 14 feet measured from the front property line. The proposed reconstruction of the second floor front balcony would be within one foot of the front property line, encroaching 13 feet into the required front 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/2014.0288V.pdf.

B.      REGULAR CALENDAR

(ALEXANDRA KIRBY)

5. 2014-000840   101 MAPLE STREET, Lot 026 in Assessor's Block 0989 in a RH-1

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

REAR YARD VARIANCE SOUGHT:  The subject project modifies a rear yard variance approved under Case No. 2012.0504V (granted August 15, 2012) to document the accurate relationship of the subject property to the adjacent property to the west (3725 Jackson Street), reduce the proposed first story south wall of the new portion of the building by 18", and to add an approximately 14' tall wall at the rear between the two properties.

PER SECTION 134 OF THE PLANNING CODE, the required rear yard for the subject property is 15'-9 1/2". The proposed rear addition would extend the full depth of the rear yard as previously approved under Case No. 2012.0504V. The fence would be located entirely within the required rear yard at the rear property line.  Planning Code 136(c)(19) allows a fence up to 10 feet in height within the required rear yard; the proposed wall would exceed the permitted height by 3 feet; therefore, the project requires a variance from 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/2014-000840PRJ.pdf.

 (CHRISTOPHER TOWNES)

6. 2012.0851V:   1350 PALOU AVENUE, Lot 007 in Assessor's Block 4731 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 legalization of a two-story rear addition to an existing single-family dwelling that encroaches into the required rear yard. The proposal also includes relocation of stairs from the rear of the addition to the side of the addition.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 25% of the lot depth.  With a lot depth of 100 feet, the subject property is required to provide a minimum rear yard of 25 feet.  The addition encroaches 8'-10" into the required 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/2014.0851V.pdf.

 (EILIESH TUFFY)

7. 2014-000274  1749 DOLORES STREET, Lot 006 in Assessor's Block 6659 in a RH-2

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

REAR YARD, USABLE OPEN SPACE, AND EXPOSURE VARIANCES SOUGHT:  The project proposes to add 1 new, lower level dwelling unit within the existing building envelope. A new rear deck is proposed above the existing garage, facing San Jose Avenue.

PER PLANNING CODE SECTION 134, the required minimum rear yard for the subject property based on 25% of the lot depth is approximately 17 feet. The rear deck is proposed to be constructed within the required rear yard; therefore, a variance is required.

PER PLANNING CODE SECTION 135, the usable open space requirement for this district is 125 square feet per dwelling unit. While the property currently has no usable open space, the proposed deck provides only 68.25 square feet of usable open space; therefore, a variance is required.

PER PLANNING CODE SECTION 140, required windows for the new lower level dwelling unit must face directly onto an open area that is unobstructed for at least 25 feet. The windows on the rear wall are approximately 13 feet from the rear property line, which is bounded by a solid wood fence; therefore, a variance is needed.

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/2014-000274VAR.pdf.

 (ERIKA JACKSON)

8. 2013.1887V:   170 BOCANA STREET, Lot 019 in Assessor's Block 5620 in a RH-1 (Residential-House, One Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD, MASS REDUCTION AND PARKING VARIANCES SOUGHT:  The proposal is to convert storage space to usable floor area on the ground floor, to convert attic space to usable floor area by increasing the building height by approximately 6 feet on the third floor, and to construct a horizontal rear addition on the third floor above the existing two-story portion.  The proposal adds approximately 1,080 square feet of usable floor area to the existing approximately 1,480 square foot single-family residence.

PER SECTION 242(e)(2) OF THE PLANNING CODE the subject property is required to maintain a rear yard of 35 percent of lot depth, which is 19’-3”. The existing rear yard is 12’-6” to the existing two-story rear addition.  The proposed rear addition would extend into the rear yard to the same depth as the existing two-story rear addition.  The proposed rear addition would be constructed within the required rear yard; therefore, a variance is required.

PER SECTION 242(e)(3) OF THE PLANNING CODE the building is required to include a 'mass reduction' of 650 square feet.  The proposed project would not comply with the mass reduction requirement; therefore, a variance is required.

PER SECTION 242(e)(4) OF THE PLANNING CODE the addition of more than 400 square feet of usable floor area for alterations within the RH-1 Zoning District that results in an usable floor area above 2,250 square feet requires three off street parking spaces.  The new usable floor area would be approximately 2,560 square feet.  The proposed project provides two off-street parking spaces, one of which is independently accessible; 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/2013.1887V.pdf.

(LAURA AJELLO)

9. 2014.0658V:    1945 EDDY STREET, Lot 025 in Assessor's Block 1129 in a RM-3 (Residential- Mixed, Medium Density) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:  The proposal is to legalize a non-conforming second story deck and stairs constructed without permits at the rear of the two-story, two-family dwelling. A 42 inch firewall/guardrail will be added to the deck and stairs along the west property line.

SECTION 134 OF THE PLANNING CODE requires a minimum rear yard depth of 34 feet 5 inches. The deck and stairs proposed to be legalized are completely within the required rear yard. The bottom of the stairs is approximately 13 feet from 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/2014.0658V.pdf.

 (LAURA AJELLO)

10. 2014.1542V:    116A DOWNEY STREET, Lot 190 in Assessor's Block 1269 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 construct a stair penthouse and roof deck above the rear roof of the four-story, three-unit building.    

SECTION 134 OF THE PLANNING CODE requires the subject property to maintain a rear yard of 27 feet, with the last 10 feet of the building depth permitted to extend into the rear 45% of the lot depth limited to 30 feet in height. The proposed stair penthouse is partially located within the last 10 feet of permitted building depth and is approximately 45’ in height. Therefore, the project requires 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/2014.1542V.pdf.

(SARA VELLVE)

11. 2014.1092V:   54 COMMONWEALTH AVENUE, Lot 028 in Assessor's Block 1037 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 proposal is to construct an approximately 14-foot deep, one-story-over-basement rear addition and roof dormers to the existing three-story, single-family house. A deck would be constructed above the addition and another deck is proposed at grade.

PLANNING CODE SECTION 133(a)(5) requires a minimum 5-foot setback from each side property line. The proposed additions would encroach approximately 3 feet into the north side yard to align with the existing north building wall.

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/2014.1022V.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 4^th 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.