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 24, 2005, City Hall,  1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

 

 

 

9:30 A.M.

 

 

(SARA VELLVE)

 

1.         2005.0347V:    947 LAKE STREET, southeast corner of Lake Street and 11^th Avenue; Lot 046 in Assessor’s Block 1370 in an RH-2 (House, Two-Family) District and a 40-X Height and Bulk District.

 

REARYARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to construct a deck and railing within the required rear yard of the two-story over garage, one-family dwelling. The deck would be located at the first story (approximately 7 feet over grade plus railing) and would extend approximately seven feet from the rear wall of the structure to the rear property line, and approximately 14 feet from side to side. A solid railing is required along the interior property line, and an open railing along the Lake Street property line is proposed. As the deck would be located within the required rear yard, and attached to a noncomplying structure, variances are required.

 

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 15 feet for the subject property, measured from the rear property line. The proposed deck would abut the rear property line and would thus be entirely within the required rear yard.

 

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. As the existing building is already built within the required rear yard it is considered a legal noncomplying structure. Therefore, the expansion is contrary to Section 188.

 

 

 

 

(GLENN CABREROS)

 

2.         2005.0305V:    3030 PACIFIC AVENUE; north side between Baker and Lyon Streets, Lot 005 in Assessor’s Block 0964 in an RH-1(D) (Residential, House, one-Family, Detached) District and a 40-X Height and Bulk District.

                                   

FRONT SETBACK AND SIDE YARD VARIANCES SOUGHT:  The proposal is to demolish the existing one-car garage at the single-family residence and to construct a new two-car garage with a roof deck.  The replacement garage is proposed to measure 21 feet wide by 18 feet deep by 15 feet tall.

 

Section 132 of the Planning Code requires the front setback to be the average of two adjacent front setbacks but no greater than 15 feet.  The proposed garage is entirely within the required 15-foot front setback area.  While Section 136 would allow a 10-foot tall garage as-of-right, the project proposes a 15-foot tall garage.

 

Section 133 of the Planning Code requires two four-foot side yards at the subject property.  As the replacement garage is proposed to be constructed to the eastern side property line, a portion of the garage is within the required side setback area.

 

 

(SHARON YOUNG)

 

3.         2005.0306V:    24 WOODLAND AVENUE; east side between Parnassus and Woodland Avenues, Lot 038 in Assessor’s Block 2630 in an RH-3 (House, Three-Family) Zoning District and a 40‑X Height and Bulk District.

           

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to construct a horizontal addition at the basement and first floor levels and a new rear deck at the second story level that will extend into the required rear yard of an existing three-story, two-family dwelling.  The subject property, with a lot depth of 101 feet, has an existing rear yard of approximately 48 feet.  Currently, a portion of the existing rear deck at the first floor level and rear egress stairs (approximately 25 feet wide by 8.5 feet deep) extend to the interior side lot lines when 5-foot side setbacks on either side are required pursuant to Section 136 of the Planning Code.  As proposed, the new horizontal addition and new rear deck at the second story level (approximately 18 feet wide by 13 feet deep) with side setbacks of 5 feet on the north property line and 3 feet on the south property line will extend approximately 16 feet beyond the rear building wall, leaving a rear yard setback of approximately 33 feet.  The new horizontal addition and new rear deck at the second story level will extend 2 feet into the required 5-foot side setback to the south. The proposal will also involve extending and modifying the existing legal nonconforming staircase located along the north property line, to connect the first floor level to the basement level, which is also the subject of this variance.   

 

 

Section 134 of the Planning Code requires a rear yard area in an RH-3 Zoning District to be equivalent to 45 percent of the total lot depth, or when using averaging, no less than 25 percent of the lot depth or 15 feet whichever is greater.  Using averaging, the required rear yard of the subject property is approximately 45 feet.  Although a portion of the proposed new horizontal addition and rear deck could extend into the required rear yard as a permitted obstruction, they extend closer than 5 feet to the south property line, which is not allowed.

 

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

 

 

                                                                                                                                    (TOM WANG)

 

4.         2005.0026V:++           3401 TARAVAL STREET (Lakeside Hardware Store), on the southwest corner of Taraval Street and 44^th Avenue; Lot 001 in Assessor’s Block 2381 in an RM-1 (Residential, Mixed Low Density) District and a 40-X Height and Bulk District.

 

FRONT SETBACK AND REAR YARD VARIANCES SOUGHT: The proposal is to construct (1) an addition as storage space to the rear of Lakeside Hardware Store while removing an existing storage shed at the rear of the lot and (2) a two-story vertical addition above the existing hardware store to contain six dwelling units and a garage with a roof deck above at the rear of the lot, providing six off-street parking spaces and usable open space for the proposed six dwelling units.

 

Section 132(d)(1) of the Planning Code requires a front setback of one foot measured from the front property line, for the subject lot. The proposed two-story vertical addition would extend to the front property line, encroaching one foot into the required front setback.

 

Section 134(c) of the Planning Code requires a rear yard of 45 feet, measured from the rear property line, for the subject lot. The proposed addition to the existing hardware store would encroach 18 feet into the required rear yard to within 27 feet of the rear property line. The proposed two-story vertical addition would encroach 20 feet into the required rear yard to within 25 feet of the rear property line. The proposed garage would extend to the rear property line, encroaching entirely into the required rear yard.

 

 

 

 

                                                                                                                       

                                                                                                                        (RICK CRAWFORD)

 

5.         2005.0251V:    617 SANCHEZ STREET, East side between Cumberland and 19^th Streets, Assessor’s Block 3600 Lot 055; in a RH-1 (Residential House One Family) District, and within the 40-X Height and Bulk District.

 

REAR YARD AND FRONT SETBACK VARIANCES AND EXPANSION OF A NONCOMPLYING STRUCTURE SOUGHT:  The proposal is to construct an addition to the north side of the second story of the existing dwelling and to add a roof to unenclosed portions of the garage. The existing dwelling is noncomplying as it fills the 26.25 foot required rear yard.  The proposed addition will not be closer to the rear property line than the rear wall of the second story but will add additional floor area on the north side of the second story. 

 

Planning Code Section 134 requires a 26.25 foot rear yard, where a 10-foot rear yard is proposed.  The existing garage is noncomplying because it is partially in the required front setback.  The proposal will complete the enclosure of the garage by roofing over unenclosed portions. 

 

Planning Code Section 132 requires a front setback of 3 feet 4 inches where a setback of 0 feet is proposed.  Section 188 prohibits expansion of a noncomplying structure.  The proposed construction will expand the building area within the required rear yard and intensify the building area in the required front setback.

 

                                                                                                                       

                                                                                                                        (RICK CRAWFORD)

 

6.         2005.0295V:    209 STATES STREET, South side between Levant and Castro Streets, Assessor’s Block 2619 Lot 076; in a RH-2 (Residential House Two Family) District, and within the 40-X Height and Bulk District.

 

PARKING VARIANCE SOUGHT:  The proposal is to legalize a second dwelling unit in the existing building without providing a new off street parking space for the new dwelling unit. 

 

Planning Code Section 151 requires one off street parking space for each dwelling unit, or a total of two parking spaces for two dwelling units, where one off street parking space for two dwelling units is proposed. 

 

 

(TINA TAM)

 

7.         2005.0350V:    228 DAY STREET, north side, between Church and Sanchez Streets; Lot 56 in Assessor’s Block 6632 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

 

 

 

REAR YARD VARIANCE SOUGHT:  The proposal is to legalize deck and stairs located in the required rear yard constructed without the benefit of permits.  The deck, measuring the full width of the 25-foot wide lot and measuring approximately 15 feet six inches deep and seven feet high, is larger than the previously existing noncomplying deck.  The property is in the RH-2 District.

 

Section 134 of the Planning Code requires a minimum rear yard of 15 feet.  The deck and stairs extend to 10 inches from the rear property line, encroaching approximately 14 feet into the required rear yard.

 

Section 188 of the Planning Code does not permit expansion or modification to a noncomplying structure.  The subject building is considered a legal noncomplying structure because the previously existing rear deck and stairs encroached into the required rear yard.  Therefore, the reconstruction and enlargement of the noncomplying rear deck and stairs would be contrary to Section 188 and would require a Variance.

 

 

(TINA TAM)

 

8.         2005.0393V:    1120 & 1122 CHURCH STREET, west side, between 23^rd and Elizabeth Streets; Lot 4 in Assessor’s Block 3651 in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The property is a through lot, fronting on Church Street and Nellie Alley and contains two separate structures.  The structure fronting on Church Street is a two-story-over-basement, two-family dwelling.   The structure fronting Nellie Alley is a two-story, one-family dwelling over a three-car garage.  The proposal is to demolish the existing rear portion of the existing two-story-over-basement, two-family dwelling structure and construct a new three-story rear horizontal extension.  The proposal will include new decks and stairs at the second and third levels.

 

Section 140 of the Planning Code requires an open area of 25 feet between two separate structures on the same property.  The new extension will be setback 13 feet from the face of the existing rear structure and encroach 12 feet into the required rear yard.

 

Section 188 of the Planning Code does not permit expansion or modification to a noncomplying structure.  The subject property is considered legal noncomplying because the existing setback between the two structures is only 22 feet, whereas 25 feet is required.  Therefore, the expansion of the existing structure at the front will result in an increase in discrepancy and would require a Variance.

 

 

 

 

(DAN BIBARTOLO)

 

9.                                2005.0309V:    15 VANDEWATER STREET, south side between Powell and Mason Streets; Lot 018 in Assessor's Block 0041, in the North Beach Neighborhood Commercial District (NCD) and a 40‑X Height and Bulk District.

 

REAR YARD MODIFICATION SOUGHT: The project proposes to convert the existing four-story commercial structure to one single-family dwelling unit. The existing structure covers the required rear yard area. The project sponsor seeks a waiver from the rear yard requirements per Section 134 (e) of the Planning Code. The exterior of the building’s upper stories will be preserved. The ground floor will be modified to provide a garage door and to change the building entry. The existing street trees are proposed to be retained.

 

Section 134 of the Planning Code requires a minimum rear yard depth of 25% at the lowest story containing a dwelling unit and in no case less than 15 feet for the subject property, measured from the rear property line. The site contains an existing two-story commercial structure that completely covers the 15-foot rear yard that is required with change in occupancy of the structure from commercial to residential use. Thus, to convert the structure to residential use, the project requires that the rear yard provisions are waived in accordance with Section 134 (e) of the Planning Code.

 

 

(JON PURVIS)

 

10.                               2005.0313V:    3144-3148 22nd STREET and 685-687 CAPP STREET, northeast corner of 22nd and Capp Streets; Lot 014 in Assessor’s Block 3615; in an NC-1 (Neighborhood Commercial Cluster) Use District and a 50-X Height and Bulk District.

 

LOT SIZE, REAR YARD & OPEN SPACE VARIANCES SOUGHT:  The proposal is to subdivide a 3,770 square-foot lot into two lots, with an existing single-family dwelling on one lot of approximately 1,072 square feet at the north end with frontage on Capp Street, and an existing three-family dwelling on another lot of approximately 2,698 square feet at the corner.  The smaller north lot would not meet the minimum lot size requirement of the Planning Code, and would be made less complying as to rear yard and open space requirements of the Planning Code.

 

Section 121(e) of the Planning Code requires a minimum lot size of 1,750 square feet for all newly created lots within 125 feet of an intersection.  The newly created north lot fronting on Capp Street would be only 1,072 square feet.

 

 

Section 134 of the Planning Code requires a rear yard equal to 25 percent of the total depth of the lot in the NC-1 District, or 29 feet for the subject lot.  The lot does not currently comply with this rear yard requirement, as there is only a 312 square-foot open area at the center of the lot.  As proposed, this will be made less complying as this open area would be entirely within the bounds of the larger lot, leaving the smaller lot with no rear yard.   

 

Section 135 of the Planning Code requires 100 square feet of private usable open space for each dwelling unit, or 133 square feet per unit for common usable open space.   Currently, all four units share the 312 square feet of common open space at the center of the lot.  The project would result in all of this usable open space to be on the larger lot for use by the three dwellings, and no usable open space provided on the smaller lot for the single-family dwelling.

 

(JON PURVIS)

 

11.                               2005.0291V:    216 CORTLAND AVENUE, south side between Elsie and Bocana Streets; Lot 039 in Assessor’s Block 5676; in an RH-3 (Residential, Three-Family) Use District and a 40-X Height and Bulk District.

 

OFF-STREET PARKING VARIANCE SOUGHT:  The proposal is to add a new second story over an existing one-story-over-garage single-family dwelling.  The addition would add 968 square feet to the existing dwelling, resulting in a total usable floor area of 2,037 square feet.    

 

Section 242(e)(4) of the Planning Code requires two off-street parking spaces to be provided whenever the usable floor area of dwellings within the Bernal Heights Special Use District exceeds 1,301 square feet.  This additional parking requirement is triggered whenever alterations add more than 200 square feet of usable floor area.  Only one Code-complying off-street parking space can be accommodated within the existing garage.

 

 

                                    (JON PURVIS)

 

12.                               2005.0292V:    822 ARKANSAS STREET and 1 MADERA STREET, southwest corner of Arkansas and Madera Streets, between 22nd and 23rd Street; Lot 024 in Assessor’s Block 4162; in an RH-2 (Residential, House, Two-Family) Use District and a 40-X Height and Bulk District.

 

LOT SIZE and REAR YARD VARIANCES SOUGHT:  The proposal is to subdivide a 2,500 square-foot lot into two lots, with an existing single-family dwelling on one lot of approximately 1,438 square feet at the east end with frontage on Arkansas Street, and an existing two-family dwelling on another lot of approximately 1,062 square feet at the west end with frontage on Madera Street.  Neither lot would meet the minimum lot size requirement of the Planning Code, and the Madera Street dwelling units would be made less complying as to rear yard requirements of the Planning Code.   The existing 60-square-foot roof deck at 1 Madera Street would be enlarged to 300 square feet.  In addition, the single-family dwelling has an illegal ground floor dwelling that is proposed for legalization.

 

Section 121(e) of the Planning Code requires a minimum lot size of 1,750 square feet for all newly created lots within 125 feet of an intersection.  The newly created east lot would be 1,438 square feet and the newly created west lot would be 1,062 square feet.

 

Section 134 of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot in the RH-2 District, or 45 feet for the subject lot.  The lot does not currently comply with this rear yard requirement, as there is only a 250 square-foot open area at the center of the lot.  As proposed, the rear yard will be made less complying, as this open area would be entirely within the bounds of the larger Arkansas Street lot, leaving the smaller lot with no rear yard open space.   

 

 

 

                                    (MAT SNYDER)

 

13.                               2005.0349V:    562 ELLSWORTH STREET, Lot 008 in Assessor’s Block 5724, west side between Tomkins Avenue and Odgen Avenue, in an RH-1 (House, One-family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.

 

                                                            MASS REDUCTION AND FRONT SETBACK VARIANCES SOUGHT.  The proposal is to add a one story vertical addition to the existing house, which would extend to the face of the front bay window. 

 

Planning Code Section 132 requires a five-foot front setback.  The proposed second story addition would only be setback by approximately 2.5-feet from the front property line. 

 

Planning Code Section 242(e)(3) requires that 650-feet be subtracted from the maximum allowable building envelope in RH-1 Districts within Bernal Heights . (This is referred to as the mass reduction requirement.)  The proposed project would include subtracting only approximately 340 square feet from the maximum allowable building envelope.

 

Planning Code Section 188(a) does not permit a structure that is currently non-complying for a Planning Code standard to become more non-complying.  Because a portion of the subject house currently extends beyond the allowable building envelope, constructing an addition even within the allowable buildable envelope would make the house even further non-complying for the mass reduction requirement.  

 

 

 

 

                                    (KATE MCGEE)

 

14.                               2005.0391V:  96 MIRABEL AVENUE, northwest corner of Mirabel Avenue and Shotwell Street ; Lot 001 in Assessor’s Block 5519, in an RH-1 (House, Single-Family) Zoning District, in a 40-X Height and Bulk District, and in the Bernal Heights Special Use District.  The proposal is to remodel and add a second floor to the existing garage, which is located in the required rear yard area.  The project also proposes the addition of a stairway/hallway, which will connect the main house with the garage, and an interior remodel in the main house.

 

REAR YARD VARIANCE AND NON-COMPLYING STRUCTURE VARIANCES ARE SOUGHT:   The proposal is to enlarge the existing garage which is currently located along the rear property line and measures 20 feet by 21 feet.  The proposal also wants to add a second floor and thereby increase the discrepancy of the non-complying structure.

 

Planning Code Section 242(e)(2)(A) requires  lots  which have a depth of 70 feet or less have a minimum rear yard depth equal to 35% of the total depth of the lot on which the building is located. 

 

Planning Code Section 188 states that non-complying structures may be enlarged, altered or relocated, or undergo a change or intensification of use provided that with respect to such structure there is no increase in any discrepancy. 

 

 

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