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, February 22, 2006, City Hall,  1 Dr. Carlton B. Goodlett Place, Room 408 as follows:

 

9:30 A.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.

 

1.                                 2005.0934V:    683 SAN JOSE AVENUE,East side between Duncan and 29^th Streets, Lot 023 in Assessor’s Block 6597 in an RH –2 (Residential, Two-Family) District and a 40-X Height and Bulk District.

 

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT:  The proposal is to reconstruct the existing gable roof at the rear to a new flat roof for new bedrooms of the single-family house. The height of the new flat roof would be approximately 26 feet above grade. The proposed structure would not extend any further into the existing rear yard. The proposal would also provide a fire escape to the second floor landing with stairs to the rear yard.

 

Section 134 of the Planning Code requires a minimum rear yard depth of 45 percent or 35.5 feet measured from the rear property line. The proposed structure would be 14 feet and 7 inches within the required rear yard. The proposed fire escape and second floor landing would extend to within 11 feet of the rear property line.

 

Section 188 of the Planning Code prohibits the expansion of a non-complying structure. Because the existing structure at the rear already encroaches 21 feet into the required rear yard, it is considered a legal non-complying structure.

 

The proposed flat roof structure, fire escape and second floor deck would be contrary to Sections 134 and 188.

 

 

(RICK CRAWFORD)

 

2.         2005.1158V:    483 BUENA VISTA AVENUE EAST, south side between Upper Terrace and Park Hill Avenue, Assessor’s Block 2607 Lot 103; in a RH-3 (Residential House Three Family) District, and within the 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is remove the existing decks at the rear of the subject property and construct new rear decks at the first and second stories and balcony at the third story.  The new first floor deck will be slightly smaller than the original while the second story deck would be 3 feet 2 inches longer than the original.  The new third floor deck will be 12 feet wide and extend back 7 feet.  The existing building is considered a noncomplying structure as it currently encroaches 30 feet into the required rear yard.

                                                                                

Planning Code Section 134 requires a rear yard of 32 feet 9 inches, where a rear yard of 3 feet is proposed.  Planning Code Section 188 prohibits an expansion of a structure that increases the degree of noncompliance.

 

 

(RICK CRAWFORD)

 

3.         2005.1042V:    69 GARCIA AVENUE:  southheast side between Idora Avenue and Edgehill Way Assessor’s Block 2936A Lot 001D; in a RH-1(D) (Residential House One Family, Detached) District, and within the 40-X Height and Bulk District.

 

Side Yard Variance Sought:  The proposal is to construct a new single family dwelling, on a vacant lot.  The project is proposed to be constructed adjacent to the southerly, side, property line and a 15-foot wide public easement.  The proposed building would provide no side yard on the south side.

                                                                                

Planning Code Section 133 requires a side yard of 4 feet, where no side yard is proposed on the south side.

 

(ELIZABETH WATTY)

 

4.         2005.1141V:    1454 48TH AVENUE:  east side, between Judah and Kirkham Streets; Lot 022 in Assessor’s Block 1806 in an RM-1 (Residential, Mixed, Low Density) and a 40-X Height and Bulk District.

 

                                    OPEN SPACE, EXPOSURE, AND PARKING VARIANCES SOUGHT:  The subject lot contains two structures – a single-story Laundromat at the front (street side) of the lot, and a two-story, two-family dwelling at the rear of the lot.  The proposal is to legalize a studio dwelling-unit that was constructed within the rear of the Laundromat structure without permits. No exterior expansion was made to the building in creating this studio unit. The property is in the RM-1 District.

 

                                    Section 135 of the Planning Code requires that usable open space must be accessible to each dwelling unit on a property.  It states that properties using a common inner court area to satisfy the usable open space requirement must have a minimum area of 400 square-feet, measuring a minimum of 20-feet by 20-feet.  The subject property uses a common inner court, measuring approximately 15-feet, 9-inches by 16-feet, to serve as its usable open space. This space does not meet the minimum dimensional requirements for usable open space. The proposed studio unit requires a variance from Planning Code Section 135.

 

                                    Section 140 of the Planning Code says that each dwelling unit must have proper exposure by facing either a public right-of-way or a specific open area on the subject lot.  Complying open areas include a public street, a public alley or private side yard (both of which must measure at least 25-feet in width), or a code complying rear yard. The proposed studio unit does not face any of the above spaces, and thus requires a variance from Planning Code Section 140.

 

                                    Section 151 of the Planning Code requires one off-street parking space for each residential dwelling unit on the property in the RM-1 Zone. The proposed studio will add one dwelling unit without adding the necessary one parking space, and thus requires a variance from Planning Code Section 151.

 

            (MICHAEL SMITH)

 

5.         2005.0970V:    8 VAN BUREN STREET, west side between Surrey and Sussex Streets; Lot 003 in Assessor’s Block 6731 in a RH‑1 (Residential, House, One‑Family) District and a 40‑X Height and Bulk District.

 

                                    REAR YARD VARIANCE:  The proposal is to construct a two-story horizontal addition to the front of the building which is located entirely within the required rear yard.  The addition would measure approximately 2’-6” in depth, 20’ in width, and 20’-6” in height.

           

                                    Section 134 of the Planning Code requires a minimum rear yard depth of approximately 23’-6” measured from the rear property line.  The proposed addition would extend to within approximately 21’-6” of the rear property line encroaching 2’ into the required rear yard. 

 

                                    Section 188 of the Planning Code prohibits the voluntary replacement or enlargement of a noncomplying structure.  Because the existing rear portion of the building already encroaches 22’-6” into the required rear yard, the building is considered a legal noncomplying structure.  Therefore, the enlargement of the noncomplying portion as proposed would be contrary to Section 188.                                                                                                                           

(EDGAR OROPEZA)

 

6.                                 2005.0745V:    1853-1857 MARKET STREET,Lot 042 in Assessor’s Block 3502, an interior lot on the south side of Market Street between Guerrero and Pearl Streets in an NC-3 (Moderate-Scale Neighborhood Commercial District), the Mission Alcoholic Restricted Special Use District, the Upper Market Special Sign District and a 105-E Height and Bulk District.

 

PARKING VARIANCE SOUGHT: The project proposes vertical and horizontal additions to the existing commercial building adding approximately 4,600 square feet of gross floor area.

 

Planning Code Section 151 requires in the case of office and retail uses, one parking space for each 500 square feet of occupied floor area, where the occupied floor area exceeds 5,000 square feet.  The total occupied floor area would be approximately 6,740 square feet requiring 13 new off-street parking spaces.  The project does not propose any new off street parking spaces.

 

                                                                                                                (MICHELLE GLUECKERT)

 

7.         2005.1107V:    825 PERALTA AVENUE, east side of Peralta Avenue between Cortland Avenue and Jarboe Avenue; Lot 050 in Assessor’s Block 5691, in a RH-1 (Residential, One-Family) District with a 40-X Height and Bulk Designation.

 

                                    REAR YARD VARIANCE SOUGHT:  The proposal is to legalize the existing rear sheds and stairs constructed without permit and within the required rear yard.  The variance would legalize the existing structures as well as allow the proposed addition of stairs in the rear yard.

 

                                    Planning Code Section 242(e) requires a rear yard of 24’-6” for the subject property.  Planning Code Section 136(c)(23) limits the area of other structures, such as sheds, in the rear yard to be no more than 8’-0” in height above grade and cover no more than 100 square feet of land.  There are two existing sheds within the required read yard: one shed is approximately 128 square feet in area and 8’-10” in height; the other shed is approximately 48 square feet and 8’-0” in height.  The cumulative square footage of both sheds is greater than 100 square feet of land and one shed exceeds the 8’-0” height limit.

 

                                    Per Planning Code Sections 136(c)(14) and (24), stairs and decks may be permitted to encroach into the rear yard.  However, the existing structure is non-complying, as it already encroaches approximately 12’-0” into the required rear yard. The proposed new stairs would further encroach approximately an additional 4’-0” into the rear yard, resulting in a total encroachment of approximately 16’-0”. Planning Code Section 136(c)(14) only permits a 6’-0” encroachment into the rear yard.

 

 

                                                                                                            (MAX PUTRA)

 

8.                                 2005.0764V:    1640 20^th STREET,  northwest corner of 20^th and Arkansas Streets, Lot 012 in Assessor’s Block 4068 in an RH-2 (Residential, 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 two-story spiral staircase from the second floor to a new third floor roof deck, and a one-story stairway from the ground to the second floor at the rear of an existing three-story over garage, single-family house.

 

Section 134 of the Planning Code requires a minimum rear yard depth of 15 feet measured from the rear property line. The proposed spiral staircase and stairway would be within 3 feet from the rear property line. Therefore, the proposal would be contrary to Section 134.

 

 

 

B.      REGULAR CALENDAR

(SHAUNN MENDRIN)

 

9.         2005.0778V:    1820-1822 FILBERT STREET, north side, between Laguna and Octavia Streets; Lot 011 in Assessor's Block 0519, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

 

REAR YARD VARIANCE SOUGHT: The proposal is to construct a new one-story vertical addition over the existing three-story two-unit structure.  The new 4^th floor will be approximately 37 feet deep by 25 feet wide with roof decks at the front and rear.  The new 4^th floor will be setback from the front of the structure approximately 16 feet (23 feet from the front property line).  The front roof deck will be approximately 4 feet deep by 12 feet wide and the rear roof deck will be approximately 12 feet wide by 13 feet deep.  The horizontal additions to the rear of the structure will be located on the second and third floors on the west side of the structure and will be approximately 6 feet deep by 7 feet wide and the existing covered porches located on the first through third floors will be enclosed.  The rear portion of the new 4^th floor and existing sun porches are located within the required rear yard, requiring a Rear Yard Variance. 

 

Section 134(c)(1) of the Planning Code limits the last 10 feet of the building depth to 30 feet in height for that portion within the required 45% rear yard when establishing the required rear yard through averaging. The last approximately 10 feet of the depth of the proposed vertical addition would exceed the 30-foot height requirement by approximately 10 feet in height.   

 

 

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. The existing building has a 16-foot rear yard, 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.   

 

 

  (ISOLDE WILSON)

 

10.       2005.0975V:    2660 SCOTT STREET, southeast corner of Vallejo Street; Lot 018 in Assessor's Block 0561, in an RH-1 (Residential, House, One-Family) District and a 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT: The proposal is to build a new garage in the required rear yard. The proposed garage will be accessed off Vallejo Street and is almost entirely below grade on the steeply sloping lot, except for a portion along Vallejo Street, where the grade will be raised approximately 5’-0”, and an area along a portion of the east property line, where the grade will be raised approximately 7’-0”.

 

Section 136(c)(26) of the Planning Code allows garages which are underground, or under decks conforming to the requirements of Sections 136(c)(24), if their top surfaces are developed as usable open space, provided that no such garage shall occupy any area within the rear 15 feet of the depth of the lot. A portion of the proposed garage is within the rear 15 feet of the depth of the lot.

 

Section 136(c)(24) of the Planning Code allows a floor of a deck, or other obstructions such as a garage, with a maximum height of three feet above grade in the required open area. The proposed garage exceeds this three-foot limit along Vallejo Street and along a portion of the east property line.

 

 

 

(AARON STARR)

 

11.       2005.1100V:    261 DOWNEY STREET, west side, between Frederick and Ashbury Streets; Lot 053A in Assessor's Block 1269, in an RH-2 (Residential, House, Two-Family) District with a 40-X Height and Bulk Designation.

 

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to extend the rear wall of the ground floor 6’ 4” further into the required rear yard, and to extend the existing first floor deck 2’ further into the required rear yard.  The proposal will reduce the rear yard from 4’ 10 to 2’ 10”.

 

 

Section 134(a)(2) of the Planning Code requires the subject property, which is 50’ deep, to have a 22.5-foot deep rear yard.  The proposal does not meet the requirements in Section 134 of the Planning Code because the deck and ground floor extensions, and firewalls will be located within the required rear yard.

 

Section 188(a) of the Planning Code prohibits the expansion of a noncomplying structure. The existing building is considered a legal noncomplying structure because portions of the building already encroach into the required rear yard. Therefore, the proposed expansion would be contrary to Section 188 of the Planning Code.

 

                                                                                                                       

                                                                                                                        (RICK CRAWFORD)

 

12.       2005.0936V:    282 CUMBERLAND STREET, north side between Church and Sanchez Streets, Assessor’s Block 3600 Lot 051; in a RH-1 (Residential House One Family) District, the Dolores Heights Special Use District, and within the 40-X Height and Bulk District.

 

REAR YARD VARIANCE SOUGHT:  The proposal is to fill in the inner courtyard between the existing buildings on the lot, both of which are in the required rear yard, and to replace the smaller of the two buildings at the same size, in the same location, if that building is discovered to be unsound.  The existing rear yard building is considered a noncomplying structure as it currently occupies the entire length of the required rear yard.

                                                                                

Planning Code Section 134 requires a rear yard of 22 feet 3 inches, and Planning Code Section 241 allows a rear yard of 40 feet where no rear yard exists or is proposed.  Planning Code Section 188 prohibits an expansion of a structure that increases the degree of noncompliance.

 

 

                                                                                                                                    (TOM WANG)

 

13.       2005.0987V:    515 HILL STREET, south side between Castro and Noe Streets; Lot 052 in Assessor’s Block 3622 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 remove and replace the porch, deck and stairs with a three-story addition, a deck and stairs, at the rear of the existing two-story over garage, single-family dwelling. Only the proposed deck and stairs would require the justification of a rear yard variance.

 

 

Section 136(25)(A) and (B)(i) permits decks to extend no more than 12 feet into the required open area, provided that their height be limited to 10 feet above grade. The proposed deck would extend 12 feet into the required rear yard on the lot, but would be 13 feet 4 inches tall above grade, exceeding the height limit by 3 feet 4 inches.

 

 

                                                                                                                                 (APRIL HESIK)                 

                                         

14.                               2005.1048V:    845-849 UNION STREET, south side between Taylor and Mason Streets, Lot 037 in Assessor’s Block 0119 within an RM-2 (Residential, Mixed, Moderate Density) District and a 40-X Height and Bulk District.

 

                                                            REAR YARD VARIANCE SOUGHT: The proposal is to remove the existing rear deck and stair and to construct an in-kind replacement deck and stair. The replacement deck would retain the same dimensions as the existing deck, extending 18’ from the rear of the building with a width of 12’-4” and a height of 8’-6” above grade.

 

                                                            Section 136 of the Planning Code permits the rear deck to extend to within 36’-6” of the rear property line. The proposed deck would extend to within 30 feet of the rear property line, encroaching 6’-6” into the required rear yard.

 

                                                            Section 188 of the Planning Code prohibits the voluntary replacement or enlargement of a noncomplying structure. Because the existing rear deck already encroaches into the required rear yard, the structure is considered a legal noncomplying structure. Therefore, the voluntary removal and reconstruction of the deck would be contrary to Section 188.

 

 

                                                                                                                             (APRIL HESIK)

 

15.       2005.1132V:    531 GROVE STREET, south side between Laguna and Octavia Streets, Lot 028 in Assessor’s Block 0807 within an RM-1 (Residential, Mixed, Low Density) District and a 50-X Height and Bulk District.

 

                                                REAR YARD VARIANCE SOUGHT: The proposal is to remove the existing rear deck and stairs and to construct a replacement structure. The replacement deck would extend 7-6”’ from the rear of the building with a width of 17’ and a height of 13’ above grade. The proposal also includes the construction of a 17’-6” high one-hour firewall along the west property line.

 

                                                Section 134 of the Planning Code requires a minimum rear yard depth of 15’ measured from the rear property line. The proposed deck would extend to no closer than 3’ of the rear property line, encroaching 12’ into the required rear yard.

 

 

                                                Section 188 of the Planning Code prohibits the voluntary replacement or enlargement of a noncomplying structure. Because the existing rear deck already encroaches into the required rear yard, the structure is considered a legal noncomplying structure. Therefore, the voluntary removal and reconstruction of the deck would be contrary to Section 188.

 

                                                                                   

                                                                                                            (JON PURVIS)

 

16.                               2004.0426V:    1316 BOWDOIN STREET,west side, south of Mansell Street; Lot 034 in Assessor’s Block 6164; in an RH-1 (Residential, House, One-Family) Use District and a 40-X Height and Bulk District.

 

LOT SIZE AND WIDTH VARIANCES SOUGHT: The proposal is to subdivide a 3,150 square-foot lot into two lots, with one lot to be approximately 1,820 square feet, with a width of 26 feet, and containing an existing single-family dwelling.  The second lot would be approximately 1,330 square feet, with a width of 19 feet, and proposed for construction of a three-story single-family dwelling.

 

Section 121(d) of the Planning Code requires a minimum lot width of 25 feet.  The proposed subdivision would result in one lot with a width of 26 feet and the other lot with a width of 19 feet.

 

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 proposed subdivision would result in one lot with 1,820 square feet and the other lot with 1,330 square feet.

                                                                                                           

                                                                                                           

(EDGAR OROPEZA)

 

17.                               2005.1209V:    322 VIRGINIA AVENUE,Lot 007 in Assessor’s Block 5644, an interior lot on the west side of Virginia between Virginia and Eugenia Avenues in an RH-2 (House, Two- Family) District, the Bernal Heights Special Use District and a 40-X Height and Bulk District.

 

FRONT SETBACK, REAR YARD, OPEN SPACE, AND PARKING VARIANCES SOUGHT: The project proposes to legalize and fill-in below the existing rear porch, to construct a new front horizontal addition, and to remodel the existing lower story into usable floor area.

 

Planning Code Section 132 requires the subject property’s front setback be equal to one-half the front setback of an adjacent building if only one of the adjacent buildings has a front setback.  The front setback requirement for the subject property is therefore 5 feet.  The existing building already extends 1.5 feet into this requirement.  The project proposes to extend to the property line, leaving a front setback of zero feet.

 

Planning Code Section 242 (e)(2)(B) requires a minimum rear yard depth to be equal to 45 percent of the total depth of the lot.  The rear yard requirement for the subject property is 22.5 feet.  The existing building already extends 14.5 feet into the 45 percent minimum required rear yard leaving a rear yard of 8 feet.  The project proposes to legalize the existing second story porch and fill-in below the existing porch leaving a rear yard of 8 feet.

 

Planning Code Section 135 requires the subject property have 125 square feet of private usable open space composed of an outdoor area.  Planning code Section 135(f)(1) further gives minimum dimensions for the usable open space in order to be conforming.  The existing rear yard, being 8 feet deep by 25 feet in width, does not meet minimum dimension of 10 feet by 10 feet and therefore does not qualify as usable open space.

 

Planning Code Section 242 (e)(4)(B)(ii) requires two independently accessible parking spaces when one or more alterations add over 200 square feet of usable floor area and the total usable floor area is between 1,651 and 2,250 square feet.  The proposed addition results in the requirement for two new parking spaces.  The project does not propose new parking for the residence.

 

 

 

                                                                                                                       

C.      CONTINUED ITEM(S)

 

           

(MARY WOODS)

 

18.       2005.0746V:    1736 - 1740 FILBERT STREET, north side between Gough and Octavia Streets; Lot 008 in Assessor's Block 0520, in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.  There are currently three buildings on the lot: a one-story two-car garage at the front, a two-story single-family dwelling in the middle, and a two-story single-family dwelling at the rear of the lot.  The lot is approximately 25 feet wide by 165 feet deep.

 

REAR YARD AND DWELLING UNIT EXPOSURE VARIANCES SOUGHT: The proposal is to demolish the one-story garage and construct a new three-story over three-car garage building (approximately 25 feet wide by 57 feet deep by 40 feet tall) at the front of the lot.  A 10-foot deep courtyard extending across the entire width of the lot would separate the new front building and the existing middle building. The proposed project would add a third dwelling unit within the new structure.

 

 

 

Section 134 of the Planning Code requires the minimum rear yard depth to be equal to 45 percent of the total depth of the lot.  However, the minimum depth of a yard between two buildings on a lot is required to be 25 percent of the lot’s depth or 15 feet, whichever is greater, based on a Zoning Administrator’s interpretation of Section 134 dated November 1986. Therefore, the required minimum yard between the new front building and the middle building would be approximately 41 feet.  Almost half of the new building (approximately 26 feet) and the new second floor exit stairs connected to the new building will be within the required yard.

            NOTE:  On January 25, 2006 following public testimony, the Zoning Administrator left open the public hearing on this item to give project sponsor and interested parties, time to try and arrive at a mutual agreement.  This case will be heard today.

 

 

 

(JON PURVIS)

 

19.       2005.0754V:    306 ELSIE STREET, northeast corner at Santa Marina Street; Lot 001A in Assessor’s Block 5675; in an RH-2 (Residential, House, Two-Family) Use District, a 40-X Height and Bulk District, and within the Bernal Heights Special Use District.

 

                                    REAR YARD VARIANCE SOUGHT:  The proposal is to add a third story to the existing two-story single-family dwelling, with the new story and added egress stairs projecting into the required rear yard, which is opposite and parallel to Elsie Street.

 

                                    Section 242(e)(2) of the Planning Code requires a rear yard equal to 45 percent of the total depth of the lot, but never less than 15 feet.  For the subject property, the required rear yard is 15 feet.  Since the existing rear yard depth is only 9-12 feet, the lot is already non-complying for rear yard.  The new third story would match the existing building footprint, with added egress stairs increasing the level of non-compliance, resulting in a rear yard of 6-12 feet.

            NOTE:  On December 14, 2005 following public testimony, the Zoning Administrator left open the public hearing on this item to give project sponsor time to revise project and for interested parties to review.  This case will be heard today.

 

 

 

 

 

 

 

 

 

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