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City and County of San Francisco
August 25, 2004PLANNING DEPARTMENT
CITY AND COUNTY OF
SAN FRANCISCO

Notice of Hearing on Application
For Zoning Variance

CITY HALL - Room 408
1 Dr. Carlton B. Goodlett Place

Wednesday, August 25, 2004

Session Begins at 9:30 A.M.

 

Public Hearing

Lawrence B. Badiner, Zoning Administrator

Marge Gambelin, 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 City 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 are available on the Internet at http://www.ci.sf.ca.us/planning/variance.htm.

Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408, Fourth Floor, San Francisco, CA. The closest accessible BART Station is the Civic Center Station located at the intersection of Market, Hyde and Grove Streets. Accessible curb side parking has been designated at points along McAllister Street. Accessible MUNI Lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro Lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. American sign language interpreters and/or a sound enhancement system will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 72 hours prior to a hearing. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

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Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

For more information on your rights under the Sunshine ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall, Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at Donna_Hall@ci.sf.ca.us.

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin.. Code 16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/.

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 City Planning Code as

described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, August 25, 2004, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

9:30 A.M.

(ELAINE TOPE)

1. 2004.0233V: 372 - 7TH AVENUE, east between Geary Boulevard and Clement Street; Lot 023 in Assessor's Block 1438 in an NC-3 (Moderate Scale, Commercial District) and a 40-X Height and Bulk District.

        REAR YARD, USEABLE OPEN SPACE, DWELLING UNIT EXPOSURE, AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to convert the existing three-story mixed-use building which contains storage space and a single-car garage on the ground floor, offices on the second floor and two dwelling units on the third floor, to a residential building which will contain four parking spaces on the ground floor, two dwelling units on the second floor and two dwelling units on the third floor. A 65 square foot portion of the existing third floor rear deck would be enclosed, but otherwise, the building's footprint would not change.

        Section 134 of the Planning Code requires a minimum rear yard depth of 25% and no less than 15 feet at the lowest level containing a dwelling unit and above in an NC-3 District. The lot depth of the subject property is 120 feet and requires a 30-foot rear yard at the second and third floors. The existing and proposed rear yard, is approximately 10 feet and the existing and proposed rear stairs extend an additional 4 feet, leaving 6 feet from the rear property line to the rear stairs. Because this project does not meet minimum rear yard standards, the project as proposed requires a variance from Section 134.

        Section 135 of the Planning Code requires a minimum of 80 square feet of open space per dwelling unit in an NC-3 district. Four dwelling units would require a total of 320 square feet of private or 426 square feet of common open space. Three of the four proposed dwelling units do not meet these standards and therefore require a variance from Section 135.

        Section 140 of the Planning Code requires that each dwelling unit face either a side yard or alley at least 25 feet in width, a street at least 30 feet in width or a Code compliant rear yard. Only two of the units are Code compliant. Because the two rear units do not meet exposure requirements, the proposed project requires a variance from Section 140.

        Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building encroaches into the required rear setback area, it is considered a legal non-complying structure. The proposed project includes a change of use from office to housing, as well as intensification due to the 65 square foot deck enclosure on the third floor. Therefore the project as proposed, requires a variance from Section 188.

(GLENN CABREROS)

2. 2004.0250V: 2947-2949 LARKIN STREET, west side between North Point and Bay Streets, Lot 001A in Assessor's Block 0453 in an NC-1 (Neighborhood Commercial Cluster) District and a 40-X Height and Bulk District.

        REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a deck on the existing roof and a stair penthouse to accommodate spiral stairs to access the proposed roof deck on a two-unit, two-story over basement building. The existing building occupies the entire subject lot, which measures 38.6 feet wide by 22.9 feet deep. The roof deck is proposed towards the front of the building and measures approximately 35 feet wide by 12 feet deep. The proposed stair penthouse is located at the northwest corner (at the rear) of the building and measures 6 feet wide by 8 feet deep by 11 feet tall. Both the deck and the stair penthouse are proposed within the footprint of the existing building.

        Section 134 of the Planning Code requires a 15-foot deep rear yard for the lot, although no rear yard is currently provided. The proposed stair penthouse and a 35-foot wide by 5-foot deep portion of the roof deck would be within the required rear yard area.

        Section 188 of the Planning Code prohibits the intensification of any noncomplying structure. The rear portion of the existing building is located within the required rear yard area and is thus non-complying.

(SHARON YOUNG)

3. 2004.0112V: 2183 - 2185 PACIFIC AVENUE, south side between Laguna and Buchanan Streets, Lot 010 in Assessor's Block 0590 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

        REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a 391 square foot solarium on an existing deck at the rear of the third floor of a two-family dwelling. The solarium is approximately 20'8" deep by 20'9" wide and is set back 5'0" from the west property line and 4'3" from the east property line. A portion of the new solarium would be within the required rear yard.

      Section 134 of the Planning Code requires a rear yard area in an RH-2 Zoning District to be equivalent to 45 percent of the total lot depth or when using averaging, no less than 25 percent or 15 feet whichever is greater. The minimum rear yard for the subject property is 31'11". The proposed solarium encroaches approximately 6' 5" into the required rear yard.

        Section 188 of the Planning Code states that no noncomplying structure shall be enlarged or intensified in any way that increases the discrepancy between the current configuration of the structure and the Code requirement. The existing building currently encroaches into the required rear yard at the first and second levels. The construction of a solarium will increase the nonconformity by additionally extending into the required rear yard.

(SHARON YOUNG)

4. 2004.0293V: 1807 OCTAVIA STREET, west side between California and Pine Streets, Lot 004 in Assessor's Block 0650 in an RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District.

        REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a new deck and stairs in the approximate location of the existing deck and stairs at the rear of this single-family dwelling. The new first floor deck would be set back approximately 14 feet from the south property line, and the new circular stairs would be set back approximately 8'6" from the south property line. The height and depth of the building will remain unchanged.

        Section 134 of the Planning Code requires a rear yard area in an RM-2 Zoning District to be equivalent to 45 percent of the total lot depth or when using averaging, no less than 25 percent or 15 feet whichever is greater. Using averaging, the required rear yard of the subject property is 38'8". The new deck and stairs would encroach approximately 16 feet into the required rear yard.

        Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure. Because the existing deck and rear stairs already encroach into the required rear yard, it is considered a legal noncomplying structure. Therefore, the replacement as proposed would be contrary to Section 188 of the Planning Code.

(MARY WOODS)

5. 2004.0318V: 2341 FRANKLIN STREET, east side between Broadway and Vallejo Street; Lot 025 in Assessor's Block 0569, in an RM-3 (Residential, Mixed, Medium Density) District and a 40-X Height and Bulk District. The lot is approximately 27 feet wide by 120 feet deep, containing approximately 3,240 square feet. The existing building is a three-story over garage, six-unit condominium building, covering more than 70 percent of the lot.

        REAR YARD SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to demolish the existing terraced deck and replace it with a flat deck, in the required rear yard.

        Section 134 of the Planning Code requires that the minimum rear yard depth in an RM-3 District be equal to 25 percent of the lot depth or 15 feet, whichever is greater. In this instance, the subject lot is approximately 120 feet deep resulting in a required minimum rear yard of approximately 30 feet. The existing deck encroaches into the required rear yard by approximately 19 feet, leaving a rear yard of 10 feet. The proposed deck would occupy the same area, and would add new stairs leading into the yard.

        Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building and deck already encroach into the required rear yard setback, it is considered a legal, non-complying structure/deck. The proposed new deck and stairs would be considered to be an expansion and intensification of a non-complying structure.

(TINA TAM)

6. 2004.0493V: 1120 DOLORES STREET, west side, between Jersey and 24th Streets; Lot 001D in Assessor's Block 6510 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

        REAR YARD VARIANCE SOUGHT: The proposal is to construct new stairs, up to 14 feet in height and a new firewall, measured 18 feet above grade at the rear of an existing two-family dwelling. The new stairs and firewall will run parallel to the south side property line, adjacent to the existing concrete retaining wall.

        Section 134 of the Planning Code requires a minimum rear yard of 28 feet. The proposed stairs and firewall would extend to approximately 14 feet of the rear property line and encroach 14 feet into the required rear yard.

(TOM WANG)

7. 2004.0466V: 3775 - 21ST STREET, south side between Noe and Sanchez Streets; Lot 090 in Assessor's Block 3621 in an RH-1 (Residential, House, One-Family) District and Dolores Heights Special Use District and a 40-X Height and Bulk District.

      FRONT SETBACK AND REAR YARD VARIANCES SOUGHT: The proposal is to construct a third story vertical addition, at the existing two-story, single-family dwelling.

      Section 132(a) and (e) of the Planning Code require a front setback of 8 feet 7 inches, measured from the front property line, for the subject lot. The proposed third floor addition would be within 3 feet 6 inches of the front property line, encroaching 5 feet 1 inch into the required front setback.

      Section 241 (Dolores Heights Special Use District) of the Planning Code requires a minimum rear yard of 25 feet 8 inches, measured from the rear property line, for the subject lot. The proposed third floor addition would be within 20 feet 6 inches of the rear property line, encroaching 5 feet 2 inches into the required rear yard.

      Section 188 of the Planning Code prohibits the enlargements or alterations to a noncomplying structure. Since the existing subject building already encroaches into the required front setback and required rear yard, it is considered a legal noncomplying structure. The proposed third floor addition would result in the enlargement of a noncomplying structure.

(DAN SIROIS)

8. 2004.0359V: 1971-1973 - 15th Street, south side, Lot 053, Assessor's Block 3557, located in an RM-2 (Residential, Mixed, Moderate Density) District and in a 40-X Height and Bulk District.

      REAR YARD VARIANCE SOUGHT: The proposal is to demolish the non-complying rear one-story portion of the building to create backyard open space and to construct a smaller one-story addition in its place with a roof deck and a spiral staircase.

      Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth or 45 feet for the subject lot. Section 136 allows one-story 12-foot projections into the required rear. The proposed new one-story addition at the rear and spiral staircase would encroach a maximum of 20-feet into the required rear yard beyond what would be allowed under Section 136. Therefore, the new one-story structure at the rear requires a variance.

      EXPOSURE VARIANCE SOUGHT: The proposal is to add a new dwelling unit located partially behind the existing garage and within the proposed new addition to the rear.

      Planning Code Section 140 requires all dwelling units to have street exposure or exposure on a rear yard meeting the requirements of the Planning Code. Given that the proposed rear yard does not meet the Planning Code requirements, the addition of a new dwelling unit on the ground floor requires an exposure variance.

(MARK LUELLEN)

9. 2004.0397V: 1266 WASHINGTON STREET, north side between Jones and Taylor Streets, Lot 010 in Assessor's Block 189 in a RH-3 (House, Three Family) District, and a 50-X Height and Bulk District.

      REAR YARD SETBACK AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The project site contains a 3-story single-family residence with a landscaped front yard. The project proposes to remove an existing two-story addition and replace it with one that does not exceed the existing building's footprint.

      Section 134(a)(2) of the Planning Code requires that a building which contains dwellings in the RH-3 District have a minimum rear yard depth equal to the larger of 45 percent of the lot depth. The subject property is located in the required rear yard (approx. the last 61' of the lot). The irregularly shaped lot has a frontage of 48'9" on Washington Street, a rear width of 68 feet 9 inches and a depth of 137 feet 6 inches.

      Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the existing building already encroaches into the required rear yard setback, it is considered a legal non-complying structure. The proposed replacement addition would be considered to be an expansion and intensification of a non-complying structure

(JIM MILLER)

10. 2004.0454V: 1436 - 1438 VALLEJO STREET, north side between Polk and Larkin Streets, Lot 10 in Assessor's Block 549, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

      REAR-YARD VARIANCE SOUGHT: The proposal is to construct a rear spiral staircase to give access to a new roof deck on the subject building. This stairway would extend to within three feet six inches of the newly approved rear lot line between this building and the mid-block building behind it, when the Planning Code ("Code") would require a minimum of 16 feet open and clear at the rear of the lot. (Pursuant to Case No. 2003.1092V, a Variance was granted for a lot-line adjustment to re-arrange the subject lot and the small, mid-block, land-locked lot (Lot 2B) behind it so that each building would be on its own lot.)

      Section 134, et seq., of the Code sets forth standards for rear yard areas. It requires, in an RH-3 District, a rear-yard area, open and clear from the ground up, equal to the average of the depths of the rear yards of the adjoining buildings with a minimum yard area of 25 percent of the depth of the lot (and in no case less than 15 feet). The rear yard on the front proposed lot would be approximately eight feet eight inches in depth (with the proposed stairway projecting five feet two inches into it).

(MAT SNYDER)

11. 2004.0401V: 1740 - 20TH STREET, Lot 18 in Assessor's Block 4069, northeast corner of 20th Street and Wisconsin Street, in an RH-2 (House, Two-family) District and a 40-X Height and Bulk District.

      REAR YARD VARIANCE SOUGHT: The proposal is to make alterations to the existing house that would include a rear horizontal addition that would extend to approximately 16-feet of the rear property line.

      Planning Code Section 134(a)(2) requires a 45-foot deep rear yard. A 12-foot deep one-story extension is allowed to extend into the rear yard under Planning Code Section 136(c)(25). The proposal is to add a one-story extension (19.5-feet tall measured from the lowest grade elevation point to the top of the parapet railing) that would extend approximately 28-feet into the required rear yard. The rear yard addition would be built to approximately 16-feet of the rear property-line.

(MAT SNYDER)

12. 2004.0427V: 32 CUNNINGHAM PLACE, Lot 68 in Assessor's Block 3597, north side of a dead end street west of Valencia Street, in an RM-1 District and a 40-X Height and Bulk District.

      EXPOSURE VARIANCE SOUGHT: The proposal is to establish a second dwelling unit at the ground floor without the required code complying dwelling unit exposure. The new dwelling unit would face a non-complying rear yard that is only 15-feet deep and would face no other open space or right-of-way.

      Planning Code Section 140 requires that all dwelling units face (or have exposure to) a public street, public alley at 25-feet in width, a rear yard meeting the requirements of this Code, or an open area that is no less than 25-feet in every horizontal direction.

(JON PURVIS)

13. 2004.0117V: 2175 - 16th STREET, south side between Potrero Avenue and Hampshire Street; Lot 013 in Assessor's Block 3962 (also known as the Soka Gakkai International Cultural Center and Auditorium); in an M-1 (Light Industrial) Use District and a 65-B Height and Bulk District.

      PARKING VARIANCE SOUGHT: The proposal is to reduce the off-street parking on this site from 58 spaces to 39 spaces. This would be done by converting the 19-space garage below the auditorium (accessed from 16th Street) to storage space, leaving only the 39-space surface parking lot (accessed from Hampshire Street) for parking.

      Section 151 of the Planning Code requires that one off-street parking space be provided for every 500 square feet of floor area occupied by office uses, and one space for every 20 seats in excess of 200 seats for an auditorium use, resulting in a total parking requirement for the cultural center and auditorium of 58 spaces.

(JULIAN BANALES)

14. 2004.0752V: 654 MINNESOTA STREET, the southern portion of the block bounded by Minnesota Street to the east, 19th Street to the south and Indiana Street to the west; Lots 003 and 004 in Assessor's Block 4042; in an M-2 (Heavy Industrial) Use District and a 50-X Height and Bulk District.

      OFF-STREET PARKING VARIANCE SOUGHT: The proposal is to convert the existing light manufacturing use to a research and development (R&D) use. The subject building is a 3-story (2 stories plus a penthouse) structure. The total square footage of the building is approximately 66,000 gross square feet (sf). The proposed use would be for multi-tenant R&D purposes (laboratories and other work spaces for research staff) but may include space for administrative office use in support of the R&D use.

      Section 151 of the Planning Code requires that one off-street parking space be provided for every 1,500 sf of floor area occupied by R&D uses and one space for every 500 sf of floor area occupied by office uses, subject to reduction based on pre-existing parking deficiencies. Assuming that 85% of the gross floor area (66,000 sf) is "occupied" area (approx. 56,000 sf), approximately 32,000 sf would be for R&D and approximately 24,000 sf for office. Based upon that proposed use of the building, there would be a parking requirement of approximately 70 spaces. 37 parking spaces are proposed.

      Section 154 of the Planning Code establishes minimum standards for required off-street parking spaces. A standard-sized space shall have a minimum area of 160 sf. A compact space shall have a minimum area of 127.5 sf. Only 16 spaces meet the minimum dimensions for a standard-sized space.

      Section 155 of the Planning Code requires one parking space for handicapped persons for every 25 spaces provided. Three spaces are required. Two are provided.

(SUSAN SNYDER)

15. 2004.0711V: 531 ANDOVER STREET, on the south side of Andover Street, between Ogden and Thompkins Avenues; Lot 25 in Assessor's Block 5722, RH-1 (Residential, House, Single-Family) District, a 40-X Height and Bulk district and the Bernal Heights Special Use District.

      REAR YARD VARIANCE SOUGHT: The proposal is to construct a deck and stair at the second floor that will encroach into the required rear yard.

      Section 242(e)(2) of the Planning Code requires a 35% minimum rear yard depth of 21 feet-6 inches for the subject property as measured from the rear property line. This includes a bonus of 3 feet per Section 242(e)(2)(C)(ii). The deck would encroach 6 feet into the required rear yard, leaving a rear yard of 15 feet.

(SUSAN SNYDER)

16. 2004.0425V 103 DWIGHT STREET, on the south side of Dwight Street, between Girard and Brussels Streets; Lot 1 in Assessor's Block 6123, RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk district.

      REAR YARD VARIANCE SOUGHT: The proposal is to construct a deck at the second floor that will partially encroach into the required rear yard.

      Section 134 of the Planning Code requires a minimum rear yard depth of 15 feet for the subject property, measured from the rear property line. The proposed deck of 16 by 37 feet would extend to within approximately 6 feet of the rear property line.

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

Last updated: 11/17/2009 10:00:42 PM