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 Tuesday, September 27, 2005, City Hall,  1 Dr. Carlton B. Goodlett Place, Room 416 as follows:

 

 

2:00 P.M.

 

 

A.                  CONSENT CALENDAR

 

All items listed hereunder constitute a Consent Calendar and are considered to be routine  by the Zoning Administrator.  There will be no separate discussion of these items unless a member of the public so requests, in which case the matter shall be removed from the Consent Calendar and considered as a separate item at this time or at a future hearing.

 

 

(SARA VELLVE)

 

1.                                 2005.0714V:    140 – 32^ND AVENUE, east side between El Camino Del Mar and California Street; Lot 013 in Assessor’s Block 1312 in an RH-1(D) (House, One-Family (Detached Dwelling)) District and a 40-X Height and Bulk District.

 

Side yard and parkingVARIANCES SOUGHT:  The proposal is to reconstruct the existing canopy over a new entry porch within the required side yard and driveway of the single-family dwelling. The entrance porch will be located in the driveway, which runs parallel to the south property line. A parking variance is sought as driveway access to the garage will be eliminated. The alterations are necessary to accommodate an elevator providing access to the building from the ground level.

 

Section 133 of the Planning Code requires a minimum side yard of approximately 5 feet for the subject property, measured from the south property line. The proposed canopy would extend to within approximately three feet of the side property line and would encroach into the required side yard.

 

Section 150 of the Planning Code requires that any off-street parking space provided must be retained. As an entry porch would be constructed in the driveway, access to the garage located at the rear of the property will be eliminated.

 

 

(SARA VELLVE)

 

2.                                 2005.0533V:    308 SEA CLIFF AVENUE, west side between El Camino Del Mar and 27^th Avenue; Lot 001I in Assessor’s Block 1307 in an RH-1(D) (House, One-Family (Detached Dwelling)) District and a 40-X Height and Bulk District.

 

FRONT SETBACKVARIANCE SOUGHT:  The proposal is to construct a six-foot-tall garden wall with two gates spanning the width of the 50-foot wide lot within the required front setback of the single-family dwelling.

 

Section 132 of the Planning Code requires a minimum front setback of approximately 15 feet for the subject property, measured from the front property line. The proposed garden wall extends to within approximately three feet of the front property line and encroaches into the front setback.

 

                                                                                                                       (RICK CRAWFORD)

 

3.         2005.0484V:    70 GRANDVIEW AVENUE TERRACE, South side north of Grand View Avenue; Assessor’s Block 2715 Lot 025; in a RH-2 (Residential House Two Family) District, and within the 40-X Height and Bulk District.

 

Rear Yard Variance and Expansion Of A Noncomplying Structure Sought:  the proposal is to legalize spiral stairs down from a roof deck.   The existing dwelling is noncomplying as it encroaches up to 31 feet into the 32 foot required rear yard.  The proposed deck will not be closer to the rear property line than the rear wall of the existing building but will add a spiral stair that will extend two feet further into the required rear yard on the west side of the property.

 

Planning Code Section 134 requires a 32 to 39 foot rear yard on this irregular shaped lot, where a 1 foot to 35 foot rear yard is proposed.  The existing dwelling is noncomplying because it is partially in the required rear yard setback.  Planning code section 188 requires a variance for any construction that increases the noncompliance of a noncomplying structure.

 

 

(RICK CRAWFORD)

 

4.         2005.0395V:    267 ROOSEVELT WAY, southeast side between Fairbanks and 15^th Streets, Assessor’s Block 2614 Lot 046; in a RH-2 (Residential House Two Family) District, and within the 40-X Height and Bulk District.

 

REAR YARD VARIANCE AND EXPANSION OF A NONCOMPLYING STRUCTURE SOUGHT:  The proposal is to construct new habitable living space beneath the existing overhanging second floor of the building.  The existing dwelling is noncomplying as it encroaches 2 feet 3 inches into the required rear yard.  The proposed addition will extend no closer to the rear property line than the rear wall of the second story but will add additional floor area on the ground floor. 

 

Planning Code Section 134   requires a 51-foot 9-inch rear yard, where a 49 foot 6 inch rear yard is proposed. 

 

(TINA TAM)

 

5.         2005.0676V     354 DOUGLASS STREET, west side between 19^th and Seward Streets, Lot 43 in Assessor’s Block 2701 in an RH-2 (Residential, House, Two-Family) District.

 

MINIMUM LOT AREA AND REAR YARD VARIANCE SOUGHT:  The proposal is to adjust the lot line between the subject property (Lot 43) and the adjacent property at 26 Seward Street (Lot 44).  As a direct result of this adjustment, the subject property will reduce in lot size and in rear yard.  There is no change to the total number of dwelling units (one unit on each property) or any physical changes to the dwellings on either property.

 

Section 121(e) of the Planning Code requires a minimum lot area of 1,750 square feet for all RH-2 lots within 125 feet of the intersection of two streets.  The proposed adjustment will result in a new lot size of 1,464 square feet and would be deficient in lot area of 286 square feet.  The adjacent property at 26 Seward Street (Lot 44) however will gain the additional square footage, increasing the lot area from 1,410 square feet to 1,696 square feet.

 

Section 134 of the Planning Code requires a minimum rear yard depth of 32 feet.  The existing dwelling on the subject property has a rear yard setback of 11.5 feet.  The proposed lot line adjustment would result in a zero rear yard setback.

 

Section 188 of the Planning Code does not permit expansion or modification to a noncomplying structure.  The subject structure is considered a noncomplying structure because the existing dwelling encroaches into the required rear yard setback.  Therefore, the reduction in the rear yard would be contrary to Section 188 and would require a Variance.

 

 

6.         2005.0628V:    1000 JARBOE AVENUE, southeast corner of Bronte; Lot 032 in Assessor's Block 5697, in an RH-1 (Residential, House, One- Family) District, a 40-X Height and Bulk District, and the Bernal Heights Special Use District.

 

                                                REAR YARD VARIANCE SOUGHT:   The project is to demolish the existing rear deck and construct a new single-story deck and trellis in the rear yard.

 

                                                Planning Code Section 242(e)2 requires a rear yard of 35% of the total depth of the lot on which the building is located, or 24.5 feet for the subject property.  The existing deck extends six feet into the required rear yard.  The new deck and trellis would extend eight feet into the required rear yard, leaving a rear yard of 17.5 feet.

 

   

B.                 REGULAR CALENDAR

 

                                                                                                                     (GLENN CABREROS)

 

7.         2005.0410V:    2920 OCTAVIA STREET, east side between Greenwich and Filbert Streets, Lot 034 in Assessor’s Block 0520 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

           

 

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to legalize an existing drying/laundry room and roof deck constructed without permit on the roof of the third floor at the rear of the building.

 

Section 134 of the Planning Code requires a rear yard equal to 45-percent of the lot depth or the average of the two adjacent building depths with a minimum rear yard depth equal to 25 percent of the lot depth or 15 feet, whichever is greater.  The required rear yard for the subject property is 15 feet.

 

Section 188 of the Planning Code prohibits the intensification of any noncomplying structure.  As the subject building was originally constructed to the rear lot line, the last 15-feet of the building is entirely within the required rear yard and is thus a non-complying structure.  The drying/laundry room and deck occupy the entire footprint of the existing building that is within the required rear yard.

 

 

  (ELAINE TOPE)

 

8.         2005.0430V:    2661 BROADWAY, south side between Scott and Divisadero Streets; Lot 017 in Assessor’s Block 0961, in an RH-1(D) (Residential, House, One‑Family Detached Dwellings) District and a 40‑X Height and Bulk District.

 

FRONT SETBACK, SIDE YARD, NONCOMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to add an approximately 6 feet deep by 23 feet wide addition to the front of the existing two-car garage, and add an approximately 26 feet deep by 24 feet wide addition to the rear of the building.  A 10-foot by 10-foot deck and an approximately 4 foot wide by 25 feet long walkway are also proposed.  The second story rear addition, deck, and walkway would be built over the rear of the existing first floor.

 

Section 132 of the Planning Code requires a minimum front setback equal to the average of the front setbacks of the two adjacent buildings or 15 feet whichever is less.  The required front setback for the subject property is 2 feet 6 inches.  The front wall of the garage addition would extend to the front property line, providing no front setback.

 

 

 

Section 133 of the Planning Code requires two 5-foot wide side yards for lots with a width of 50 feet or more.  The subject lot is 60 feet wide and has a 5-foot wide side yard along its western side property line and no side yard along its eastern side property line.  The garage addition would be partially located within the required eastern side yard and the rear addition would be partially located within the required western side yard.

 

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure.  Because the existing structure encroaches into the required front and side yard setback areas, the subject building is considered a legal non-complying structure and the proposed project is considered to be an expansion and intensification of a non-complying structure.

 

(ISOLDE WILSON )

 

9.                                 2005.0453V:    2951 FILLMORE STREET, west side between Union and Green Streets; Lot 002 in Assessor's Block 0539, 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 build a two-level deck in the required rear yard. The lower-level deck is approximately 10’-0” above grade and will be setback 3’-4” from the south property line and the upper-level deck will be setback 14’-9” from the south property line. Both decks will be setback 5’-0” from the rear (west) property line.

 

Section 134(e) of the Planning Code requires a 15’-0” rear yard for the subject property, and construction of the proposed decks would result in a 5’-0” rear yard setback. The decks are proposed to be within the required rear yard area.

 

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. Currently the building has a 12’-2” setback, and because portions of the building already encroach into the required rear yard, it is considered a legal noncomplying structure. Therefore the proposed expansion would be contrary to Section 188 of the Planning Code.

 

 

(SARA VELLVE)

 

10.                               2005.0455V:    2251 GREEN STREET, south side between Steiner and Fillmore Streets; Lot 028 in Assessor’s Block 0558 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

 

Rear yardVARIANCE SOUGHT:  The proposal is to construct a 12-foot by 25-foot, two-story addition at the rear of the single-family dwelling. The rear five feet of the proposed addition extends into the required rear yard.

 

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 62 feet measured from the rear property line. The proposed rear addition would extend to within approximately 56 feet of the rear property line and encroach into the required rear yard.

 

Planning Code Section 136 allows a two-story projection that extends into the required rear yard, which must be set back from each side property line by a minimum of five feet. The proposed addition extends the entire 25-foot width of the property. Only the rear five feet of the proposed addition is subject to the five-foot setback.

 

 

(SHARON YOUNG)

 

11.       2005.0476V:    73 SEA CLIFF AVENUE, south side between 25^th and 26^th Avenues, Lot 015 in Assessor’s Block 1303 in an RH-1(D) [House, One-Family (Detached)] 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 second story level (above the existing garage) within the required rear yard of an existing two-story, single-family dwelling.  The proposal will involve removing a portion of the second story extension and roof deck, located above the existing garage at the southwest corner of the building, and constructing a new horizontal addition in its place.  The subject property is located on a lot with a depth of 50 feet and a width of 80 feet.  The subject property has an existing rear yard varying from approximately 7 feet to 24 feet in depth.  The subject property has a required rear yard of 15 feet.  Currently, the portion of the existing building where the new extension is proposed extends approximately 8 feet into the required rear yard.  The proposal also involves interior modifications and the addition of new windows to match existing windows in the building that is not the subject of this variance. 

 

Section 134 of the Planning Code requires a rear yard area in an RH-1(D) Zoning District to be equivalent to 25 percent of the lot depth or 15 feet, whichever is greater.  The required rear yard for the subject property is 15 feet.  The new horizontal addition on the second floor level will extend approximately 8 feet into the required rear yard.

 

Section 188 of the Planning Code prohibits the expansion or replacement of a noncomplying structure.  Because the existing building already encroaches 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. 

                                           

                                                                                                                        (DANIEL SIROIS)

 

12.       2005.0392V     631-633 TARAVAL STREET, south side, between 16^th  & 17^th Avenue, Lots 39, 40, & 42A, Assessor’s Block 2409, located in an NC-2  (Neighborhood Commercial, Small Scale) District and in a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT: The proposal is to alter the existing two-story building into a three-story mixed-use building with a street level commercial space and two levels of residential use above containing six units. The basement level would be accessed via a ramp off of Taraval Street and would provide six off-street parking spaces.

 

Planning Code Section 134 requires a rear yard equal to 25 percent of the lot’s depth at all residential levels in NC-2 Districts. The existing rear wall at the second level would be pulled toward the street by five feet but under the Planning Code,  the requirement would be for a 25-foot rear yard at this level. The proposed new third floor would also encroach into the required rear yard by three feet. Therefore, a variance is required to construct the two residential levels. 

 

The proposed egress stairs are located on the land locked vacant parcel (lot 42A). Because the proposal is to merge all the lots for this project, a rear yard variance is also required for the stairs. The stairs under the new lot configuration would be entirely within the required rear yard.

 

Planning Code Section 140 requires that all dwelling units have exposure onto a street or a Code complying rear yard. Because three of the proposed units are oriented to the rear of the building and the proposed rear yard is smaller than the 25 feet required under the Planning Code, an exposure variance is required to construct the units as proposed.

 

 

                                                                                                                       

                                                                                                                        (DANIEL SIROIS)

 

13.       2005.0483V     80 SURREY STREET, east side, between Castro & Diamond Streets, Lot 052, Assessor’s Block 6729, located in an RH-1(Residential, Single-Family) District and in a 40-X Height and Bulk District.

 

FRONT SETBACK VARIANCE: The proposal is to construct a one-story vertical addition on the existing two-story single-family dwelling. The proposal also includes modifications to the existing façade of the building.

 

Planning Code Section 132 requires a front setback equal the average depth of the front setbacks on the adjacent properties, which is 11 feet in this case. The proposed vertical addition would encroach into this area by approximately four feet and therefore requires a variance. 

 

Planning Code Section 188 limits the expansion of non-complying structures. Because the existing building already encroaches into the front setback and is non-complying an exception to Section 188 is also required as part of this variance request.

 

                                                                                                                                      (TINA TAM)

 

14.       2005.0833V     80 REGENT STREET, southeast corner of Alemany Boulevard and Regent Street; Lot 18 in Assessor’s Block 7146 in an RH-1 (Residential, House, One-Family) District.

 

FRONT AND REAR YARD VARIANCE SOUGHT:  The proposal is to allow expansion and reconstruction of a single-family dwelling.  Based upon the proposed plans, this project may be considered a "tantamount" to a demolition.  A variance was previously granted in 2000 to allow alteration to the existing dwelling and construction of a new two-story, single-family dwelling.  Because the current proposal will be three-stories tall, larger in size than the dwelling previously approved in 2000, a new Variance is required.

 

Section 132 of the Planning Code requires a minimum front setback of seven feet.  The proposed new dwelling will be setback one foot three inches from the front property line, encroaching five feet nine inches into the front yard setback.

 

Section 134 of the Planning Code requires a minimum rear yard setback of 15 feet.  The proposed new dwelling will be setback 12 feet from the rear property line, encroaching three feet into the required rear yard.  The project also proposed a new ramp more than five feet in height located entirely in the required rear yard.

 

                                                Section 188 of the Planning Code does not permit expansion or modification to a noncomplying structure.  The subject dwelling is considered a legal noncomplying structure because the one-story, single-family dwelling encroaches into the required front and rear yard setbacks.  Therefore, the reconstruction and enlargement of the noncomplying dwelling would be contrary to Section 188 and would require a Variance.

                                                                                                                                                                                                            (MICHAEL SMITH)

 

15.       2005.0447V     636 SILVER AVENUE, south side between Gambier and Madison Streets; Lot 025 in Assessor’s Block 5905 in a RH‑1 (Residential, House, One-Family) District and a 40‑X Height and Bulk District.

                    

                                    REAR YARD VARIANCE:  The proposal is to legalize the “as built” horizontal addition, roof deck, and stairs at the rear of the building.  The addition measures approximately 24’ in depth, 12’-6” in height, and has a roof deck on top.  The rear stairs that access the roof deck would extend 7’ deeper than the addition. 

 

                                    Section 134 of the Planning Code requires a minimum rear yard depth of approximately 19’-6” for the subject property, measured from the rear property line.  The “as built” addition extends to within 11’-6” of the rear property line and the “as built” stairs extend to within 4’ of the rear property line, both encroaching into the required rear yard.  

 

 

                        (WINSLOW HASTIE)

 

16.                               2005.0462V:    758 CLEMENTINA STREET, north side between 8^th and 9^th Streets; Lot 051 in Assessor's Block 3729, in a SLR (Service/Light Industrial/Residential) Zoning District and a 50-X Height and Bulk District.

 

                                                            REAR YARD VARIANCE SOUGHT: The proposal is to convert the existing commercial building into two dwelling units. The existing building extends to the rear property line and has full lot coverage. The proposal includes rooftop improvements including a new deck with a polycarbonate roof and an outdoor shower.

                                   

                                                            Planning Code Section 134(a)(1) requires a minimum required rear yard of 25% of the total lot depth, or, in this case, approximately 19 feet.

 

 

                                    (WINSLOW HASTIE)

 

17.    2005.0545V:       2930 22ND STREET, north side between Treat and Harrison Streets; Lot 014 in Assessor's Block 3613, in an RH-3 (House, Three-Family) Zoning District and a 40-X Height and Bulk District.

 

                                                REAR YARD VARIANCE SOUGHT: This project proposes a front   horizontal and vertical addition to an existing legal non-conforming single-family dwelling located within the required rear yard. This partial-width addition would extend a maximum of ten additional feet into the required rear yard, towards the front of the lot. There is a second single-family dwelling located at the front of the subject lot with no proposed alterations.

           

                                                Planning Code Section 134(c) requires a minimum required rear yard to be the average depth of the two adjacent lots, but in no case shall be less than 25% of the lot depth or 15 feet, whichever is greater. Therefore, the minimum rear yard requirement for the subject property is approximately 41 feet.

 

                                                Planning Code Section 188 states that a non-complying structure cannot be enlarged so as to increase the discrepancy with standards set forth in the Planning Code. The proposed enlargement would be contrary to this Section.

                                                

 

                                    (MAT SNYDER)

 

  18.   2005.0461V:       909 WISCONSIN STREET, Lot 054 in Assessor’s Block 4162, northeast corner of Wisconsin and Madera Streets, in an RH-2 District and a 40-X Height and Bulk District.

 

                                                FRONT SETBACK VARIANCE SOUGHT.  The proposal is to legalize the reconfiguration of four units by extending the front stair to the third floor to provide the upper dwelling unit with the required legal means of egress. 

 

                                                Planning Code Section 132 requires a four-foot setback measured from the front property-line.  The stair that extends into this required front setback is considered legally non-complying.

 

                                                Planning Code Section 188(a) does not allow making an existing non-complying situation more non-complying.  By extending the front stair an additional story, the stair would become more non-complying.

 

 

                                    (MAT SNYDER)

 

19.       2005.0867V:    290 DIVISION STREET, Lot 016 in Assessor’s Block 3526, northeast corner of 10th Street, Brannan Street and Division Street, in an M-1 (Light Industrial) District and a 40-X Height and Bulk District.

 

                                                PARKING VARIANCE SOUGHT.  The proposal is to legally establish a personal fitness gym on the second floor tenant space (approximately 7,100 of occupied floor area) that was previously occupied by an office use without providing any additional parking.

 

                                                Planning Code Section 151 requires one parking space for every 200 square feet of occupied floor area for a fitness gym use. 

 

                                                Planning Code Section 150(c) requires that independently accessible off-street parking be provided for any newly established use minus the legal parking deficiency represented by the old use.  The difference in the parking requirement between the previous office use (parking is required at one space for every 500 square feet of office space per Planning Code Section 151) and the new fitness gym is 19 spaces; therefore, 19 spaces are required.  The proposal would not provide any additional off-street parking spaces.

   

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