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, January 24, 2007, 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.

(SHARON YOUNG – 558-6346)

1. 2006.1346V: 2235 - 2237 TURK BOULEVARD, south side between Masonic and Central Avenues, Lot 026 in Assessor's Block 1149 in an RH-3 (House, Three-Family) Zoning District and a 40 X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is the removal and replacement of egress stairs (with stair landing) that will extend into the required rear yard of an existing three-story over basement, two-family dwelling. The new stairs, approximately 7 feet deep by 15 feet wide by 31 feet high, will extend to the 3^rd (top) story level while the existing stairs only go to the 2^nd story level. A portion of the new egress stairs (with stair landing) abutting the west property line, extends into the required rear yard where 5-foot side setbacks are required on interior side lot lines. To meet the current Building Code requirements, the proposal will also include the construction of a new rear egress door at the 3^rd story level that will provide access to the new stairs, and a one-hour fire rated wall along that portion of the stairs adjacent to the west property line to a height of approximately 17 feet above grade that are not 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. The subject property, with a lot depth of 137.5 feet, has a required rear yard of approximately 62 feet. Although a portion of the new egress stairs (with stair landing) could extend into the required rear yard as a permitted obstruction, as proposed, they extend closer than 5 feet to the west property line, contrary to Section 136(c)(25)(B)(ii) of the Planning Code.

(AARON STARR – 558-6362)

2. 2006.1339V: 18 PRESIDIO TERRACE, at the southwest corner of a circular drive that intersects Arguello Blvd.; Lot 033 in Assessor's Block 1355, in an RH-1(D) (Residential, House, Single-Family, Detached) District with a 40-X Height and Bulk Designation.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to add an exterior staircase at the rear south side of the building to connect an existing roof deck to the rear yard. The proposed staircase will expand the building footprint by approximately 1 foot to the south.

Section 134(c) of the Planning Code requires the subject property, which is 100' deep, to have a minimum rear yard depth of approximately 37'. The proposed addition will be located entirely 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 setback. The proposed addition would be contrary to Section 188(a) of the Planning Code.

(CECILIA JAROSLAWSKY – 558 - 6348)

3. 2006.1473V: 4305 – 20^th STREET, south side, between Diamond and Collingwood Streets; Lot 027 in Assessor's Block 2751 in an RH-3 (House, Three-Family Dwelling) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The request is to add a one-story, 20-foot deep by 11-foot wide family room, containing a roof deck, at the rear of an existing, two-story, single-family structure, within the required rear yard, abutting the side property line to the north, on a steeply up-sloping lot.

Section 134 of the Planning Code allows averaging of the required rear yard with the adjacent properties, calling for a minimum rear yard of 34 feet, where 24 is proposed. The proposal would not meet Section 134 and would, therefore, require a Variance since the addition extends 10 feet into the required rear yard.

(SOPHIE MIDDLEBROOK – 558 - 6372)

4. 2006.1256V: 4024 – 18^TH STREET, on the north side of 18^th Street, between Hartford and Noe Streets; Lot 020 in Assessor's Block 3582 in an RH-3 (Residential, House, Three-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to rebuild and reconfigure the existing 2-story rear deck and stairs. The proposed decks at both the ground and second story levels each measure approximately 120 square feet, and extend approximately 23' into the required rear yard. Each of the proposed decks is set back 3' from each of the side property lines. The existing rear yard measures approximately 23' in length. With the proposed new deck, the rear yard would measure approximately 22' in length.

Section 134(a)(2)(c) of the Planning Code requires a rear setback for the subject property of 45', and the proposed new decks would extend 23' into the required rear yard.

Section 188 of the Planning Code allows a non-complying structure to be altered, providing that there is no increased discrepancy between existing conditions and the required standards of the Planning Code. The existing rear decks extend approximately 22' into the required rear yard. The proposed new drear decks would extend 23' into the required rear yard.

(JIM MILLER – 558 - 6344)

5. 2006.1427V: 467- 469 FILBERT STREET (may be known as 475 Filbert Street), south side between Varennes Street and Harwood Alley, Lot 071 in Assessor's Block 0104, in an RH-3 (House, Three-Family) District and a 40-X Height and Bulk District.

FRONT SET-BACK AND REAR-YARD VARIANCES SOUGHT: The proposal is to remodel the existing two-unit residential building adding a bay window to the front of the structure and moving the fire escape to the rear of the building. The forward extensions of the building's side walls would be removed and the building would be given a more contemporary look. Both of the proposed additions would be within the area already semi-enclosed by the building's extended side walls. The proposed additions at the front and rear of the building would require Variances of the front-set-back and rear-yard standards of the Planning Code ( Code ).

Section 132 of the Planning Code establishes standards for front set-backs. It requires, in  RH Districts, that the front set-back of a building be equal to the average of the setbacks of the two adjoining buildings. The subject building and the building to the east are built to their front property lines while the building to the west is deeply set back. Therefore the existing subject front building wall is within the required front set-back area as would be the proposed bay window.

Section 134 of the Planning Code sets forth standards for rear-yard open area. In an RH-3 District, it requires such a yard from the ground up equal to 45 percent of the depth of the lot (and in no case less than 15 feet). Such a required rear yard may be reduced equal to the average of the depth at the rear of the two adjoining buildings. The existing building already projects farther to the rear than the average of the two adjoining structures. Therefore, the addition of a fire escape to the rear of the subject building would require a Variance of the Code's rear-yard requirements.

(KIMBERLY DURANDET – 575 - 6816)

6. 2006.1285V: 270 BAYVIEW CIRCLE, north side near Silverview Drive; Lot 025 in Assessor's Block 5335A, in an RH-1 (Residential, Single-Family) with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The project proposes to construct a rear deck with firewalls approximately 8 feet high extending to the rear and side property lines of the steeply sloping lot, covering the entire rear yard.

Section 134 requires a rear yard of 18 feet for this property.

(BEN FU – 558 - 6613)

7. 2006.1228V: 72 LUNDYS LANE, west side, between Fair and Esmeralda Avenues; Lot 040 in Assessor's Block 5610A, in a RH-2 (Residential, House – Two-Family) District and the Bernal Heights Special Use District with a 40-X Height and Bulk Designation.

OFF-STREET PARKING AND REAR YARD VARIANCE SOUGHT: The proposal is to create additional usable floor area by expanding (1) the existing attic, and (2) the rear of the first floor and the garage level.

Planning Code Section 242 requires all lots in RH-2 districts to have a minimum rear yard depth equal to 45 percent of the total depth of the lot in which the building is located. The required rear yard depth for the subject lot is approximately 31'-6 . The existing building encroaches approximately 6'-6 into the rear yard, leaving a rear yard of approximately 25'-0 . The proposed addition further encroaches approximately 13'-0 in width and approximately 1'-0 in depth, leaving a rear yard of approximately 24'-0 .

Planning Code Section 188 prohibits intensification or increase in any discrepancy at any level of a non-complying structure. The existing building is a non-complying structure in terms of rear yard in that it intrudes approximately 6'-6 into the required rear yard. The proposed addition enlarges the existing non-complying building envelope.

Planning Code Section 242(e)(4) sets forth the parking standards for new construction and alterations. Two off-street parking spaces are required for construction that results in usable floor area between 1,301 to 2,250 square feet. The total usable floor area proposed with the addition would be approximately 2,030 square feet. One independently accessible parking space exists but no additional spaces are proposed.

B. REGULAR CALENDAR

(SHARON YOUNG – 558 - 6346)

8. 2006.1423V: 2806 PINE STREET, north side between Broderick and Baker Streets, Lot 006 in Assessor's Block 1029 in an RH-2 (House, Two-Family) Zoning District and a 40 X Height and Bulk District.

REAR YARD AND NONCOMPLYING VARIANCES SOUGHT: The proposal is to replace a semi-enclosed patio (with glass roof) and a portion of the existing building with a new one-story horizontal addition that will extend into the required rear yard of the two-story over garage, single-family dwelling. The proposed horizontal addition, with approximately 236 square feet in floor area, will also include the construction of rear decks, approximately 4 feet above grade, located on the west side of the building.

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 of the lot depth or 15 feet, whichever is greater. The subject property has a lot depth of 82.5 feet. The required rear yard of the subject property is approximately 20.5 feet. The proposed one-story horizontal addition will extend approximately 17.5 feet into the required rear yard, leaving a rear yard setback of 3 feet.

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

(TOM WANG – 558 - 6335)

9. 2006.1384V: 1470-72 – 17^TH AVENUE, east side between Judah and Kirkham Streets; Lot 029 in Assessor's Block 1837 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 the existing second and third floor decks constructed without the benefit of a building permit, at the rear of a two-story over garage, two-family dwelling. The existing deck wall and windows along the north side lot line will be removed and replaced by a fire rated wall. The roof above the existing third floor deck will be removed. The depth of the existing third floor deck will be reduced from 8 feet 6 inches to 7 feet.

Section 134(c)(1) of the Planning Code requires a rear yard of 50 feet, measured from the rear property line, for the subject lot. The requested second floor deck would encroach 15 feet into the required rear yard to within 35 feet of the rear property line. The requested third floor deck with the revised depth would encroach 11 feet into the required rear yard to within 39 feet of the rear property line.

(SOPHIE MIDDLEBROOK – 558 - 6372)

10. 2006.1508V 3732-34 20th STREET, on the north side of 20^th Street, between Guerrero and Dolores Streets; Lot 012 in Assessor's Block 3598 in an RH-3 (Residential, House, Three-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to raise the building 2'5 in order to accommodate a garage at the front elevation, and to add a two-story rear deck.

Per Section 134(a)(2)(c) of the Planning Code the required rear setback for the subject property that exceeds 30' at the rear elevation is 58'. The existing building encroaches 10' into the required rear yard. The proposed new decks would encroach an additional 8'6 into the required rear yard, thereby providing a rear yard with a depth of approximately 39'6 .

(RICK CRAWFORD – 558 - 6258)

11. 2006.1520V: 29 JERSEY STREET, south side between Dolores and Church Streets, Lot 040 in Assessor's Block 6535 in a RH-2 (Residential House, Two Family) District, and within the 40-X Height and Bulk District.

FRONT YARD AND EXPANSION OF NONCOMPLYING STRUCTURE VARIANCE SOUGHT: The proposal is to construct a third floor to the existing two-story, single-family dwelling that is built to the front property line and is thus a noncomplying structure.

Planning Code Section 132 requires a front yard of 11.5 feet, for the new story where none is proposed.

Planning Code Section 188 prohibits the expansion of a noncomplying structure that increases the structure's degree of noncompliance.

(TINA TAM – 558 - 6325)

12. 2005.0952V: 87 FORD STREET, southeast corner at Noe Street, Lot 35 in Assessor's Block 3581 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: On May 26, 2004, the Acting Zoning Administrator held a public hearing on Variance Application No. 2004.0028V to expand an existing legal non complying structure located in the required rear yard. The Variance was granted on July 9, 2004 on the condition that the existing structured be rehabilitated. However, the project exceeded the scope of the permit by removing all but one exterior sidewall. Whereas the previous proposal was for alteration, the new proposal is for the demolition and reconstruction of a two-story, non complying garage/dwelling structure at the rear of the property.

Section 134 of the Planning Code requires a minimum rear yard of 40 feet, measured from the rear property line. The proposed two-story parking/dwelling structure is located entirely in the required rear yard.

Section 188 of the Planning Code does not permit the reconstruction of a non complying structure. The previously existing two-story parking/dwelling structure is considered a legal noncomplying structure because the entire building encroaches into the required rear yard. Therefore, the proposal would be contrary to Section 188 and would require a Variance.

(JON PURVIS – 558 - 6354)

13. 2006.1306V: 2955 – 26^th STREET, south side, west of Bryant Street; Lot 022 in Assessor's Block 4336; in an RH-2 (Residential, House, Two-Family) Use District, and a 40-X Height and Bulk District.

OFF-STREET PARKING VARIANCE SOUGHT: To legalize a ground floor dwelling unit built without a permit.

Section 151 of the Planning Code requires one off-street parking space to be provided for every dwelling unit. The existing single-family dwelling provides no off-street parking and none would be provided for the additional ground floor unit.

(JON PURVIS – 558 - 6354)

14. 2006.0613V: 746 CAROLINA STREET, west side, south of 20^th Street; Lot 005 in Assessor's Block 4096; in an RH-2 (Residential, House, Two-Family) Use District and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a new three-story-over garage two-family dwelling on a vacant lot with no front setback.

Section 132 of the Planning Code requires new buildings to provide a front setback equal to the average of the two adjacent front setbacks, or 11 feet for the subject building. The proposed new building would have no front setback, except that the top floor would be setback at least 10 feet.

(EDGAR OROPEZA – 558 - 6381)

15. 2006.1451V: 355 HIGHLAND AVENUE, north side of Highland between Andover and Bennington Streets; Lot 012 in Assessor's Block 5716; in an RH-2 (House, Two Family) District the Bernal Heights Special Use District and a 40-X height and Bulk District.

REAR YARD AND PARKING VARIANCES SOUGHT: The project proposes a rear horizontal addition to the existing third floor of a single-family dwelling, adding approximately 285 square feet.

Planning Code Section 242(e)(2)(B) requires a minimum rear yard depth to be equal to 45 percent of the total lot depth. The rear yard requirement for the subject property is approximately 42 feet at all levels. The existing building already extends approximately 12 feet into the required rear yard, leaving a rear yard of approximately 30 feet. The project proposes a 14-foot rear horizontal addition to the existing 3^rd floor leaving a rear yard of approximately 30 feet. The project proposes a 14-foot rear horizontal addition to the existing 3^rd floor leaving a rear yard of 35 feet at that level. The remaining rear yard will remain the same depth.

Planning Code Section 242(e)(4)(B)(ii) requires three independently accessible parking spaces when one or more alterations add over 200 square feet of usable floor are and the total usable floor area is between 2,251 and 2,850 square feet. The existing building already has one independently accessible parking space. The proposed addition results in a requirement for three parking spaces. The project proposes one (1) new off-street tandem parking space for a total of two 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