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, July 25, 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.

(TARA SULLIVAN-LENANE)

1. 2006.1247V: 3052 PACIFIC AVENUE, north side between Lyon and Baker Streets; Lots 007 & 009 in Assessor's Block 0964 in an RH-1(D) (One-Family, Detached) and a 40-X Height and Bulk District. The property is accessed from Pacific Avenue, but runs through to Broadway.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a 10'-8 wide by 3' deep two-story bay window and three approximately 5' wide by 3' deep balconies at the basement floor, all at the rear (Broadway) facade, and a terraced deck and stair connecting the upper garden to the lower garden at the western side of the single-family house. All proposed work is located at the rear of the subject property along Broadway.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 33' in depth. The subject property has two street frontages: the front is located on Pacific Avenue and the rear faces Broadway. The existing house extends approximately 10' into the required rear yard. The proposed balconies project 13' into the required rear yard and the proposed terraced deck extends approximately 10' into the required rear yard.

Section 188 prohibits the enlargement or intensification of any noncomplying structure. The rear portion of the residence was constructed approximately 10' into the required rear yard and is a legal noncomplying structure under the Code. Its enlargement would be contrary to Section 188.

The proposal also calls for the alteration of the remainder of the house, including the relocation of window openings, the installation of an arbor-walkway, the demolition of a carport, and landscape improvements, all of which will be separately noticed per Section 311 of the Planning Code.

(ERIKA JACKSON)

2. 2007.0630V: 938 SHOTWELL STREET, on the west side of Shotwell Street, between 23^rd and 24^th Streets; Lot 050 in Assessor's Block 3641 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to reconstruct the existing rear deck and stairs to meet safety and Building Code requirements. The new rear deck and stairs would have a revised layout and would feature a firewall along the southern property line and along the northern edge of the new deck. The proposed deck and stairs would extend 6 inches further into the rear yard than the existing configuration.

Planning Code Section 134(c)(4)(B) allows lots in an RH-2 Zoning District that abut properties that front on another street to measure their rear yard requirement from the one adjacent building that fronts on the same street. Using this measurement method, the rear yard requirement for the subject property would be 50'-6 . The existing building, including the rear deck and stairs, extends approximately 22 feet into the required rear yard, while the proposed deck and stairs would extend into the required rear yard approximately 22'-6 , leaving a rear yard of approximately 28 feet.

B. REGULAR CALENDAR

(MARY WOODS)

3. 2007.0323V: 2473 – 2477 LOMBARD STREET, south side between Divisadero and Scott Streets; Lot 022 in Assessor's Block 0937, in an NC-3 (Moderate-Scale Neighborhood Commercial) District and a 40-X Height and Bulk District.

STREET FRONTAGE VARIANCE SOUGHT: The proposal is to convert the ground floor commercial space into a garage for two cars.

Section 145.1(b) of the Planning Code states that no more than 1/3 of the width of building street frontages shall be devoted to ingress/egress to parking in all Neighborhood Commercial districts other than NC-S. The proposal is for a 12-foot wide garage door while only an 8-foot wide garage door is allowed by Code.

(SARA VELLVE)

3. 2007.0569V: 1773– 1775 CHESTNUT AND 66 MAGNOLIA STREET, a through lot between Buchanan and Laguna Streets, Lot 013A in Assessor's Block 0494 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD, OPEN SPACE, EXPOSURE, AND PARKING VARIANCES SOUGHT: The proposal is to subdivide a through lot containing residential structures that front on both Chestnut and Magnolia Streets. Each new lot would contain one residential structure. The structure fronting Chestnut Street would continue to contain two dwelling units with two independently accessible off-street parking spaces. The structure fronting Magnolia Street would continue to contain four dwelling units with two independently accessible off-street parking spaces. The buildings are not proposed to be expanded at this time.

Section 134 of the Planning Code requires a rear yard equal to 25 percent of the lot depth or 15 feet, whichever is greater. The required rear yard for each proposed lot is 15 feet. Each of the existing buildings would project less than six inches into their respective required rear yards.

Section 135 of the Planning Code requires for the subject property 133 square feet of private open space for each dwelling unit, or a total of 798 square feet of common usable open space, or a sufficient combination of private and common open space. Usable open space must meet certain minimum standards, and, once provided, cannot be removed. The proposed lot fronting Chestnut Street containing two units would provide approximately 360 square feet of common open space where 266 are required, a compliant situation. However, the proposed lot fronting Magnolia Street containing six units would provide only 360 square feet of common open space where 532 square feet are required, creating a noncompliant situation.

Section 140 of the Planning Code requires that each dwelling unit face either a street or alley at least 25 feet in width, or a code-complying rear yard. Two units in the building fronting Magnolia Street are located in the rear of the building and face a rear yard of less than 15 feet in depth.

Section 151 of the Planning Code requires one independently accessible off-street parking space for each dwelling unit. Based on the property's unit count, a total of six independently accessible off-street parking spaces are required. The building fronting Chestnut Street (two units) contains two independent spaces and one tandem parking space. However, the building fronting Magnolia Street (four units) contains two independent spaces and one tandem parking space for an overall deficit of two parking spaces.

(AARON STARR)

4. 2007.0484V: 1970 JACKSON STREET, north side between Octavia and Gough Streets; Lot 007 in Assessor's Block 0592, in an RH-1 (Residential, House, Single-Family) District and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to allow the existing parking space in the front setback to remain after the current owners have sold the property. A variance was granted in 2000 to allow a parking space in the front setback of the subject property with the condition that the parking space be removed once the current owners had sold the property.

Section 132(a) of the Planning Code requires the subject property to have a 13' front setback. Subsection (f) prohibits motor vehicles from being parked or stored within the required front setback. The existing off-street parking space intrudes into the required front setback.

(ADRIAN PUTRA)

5. 2006.0472V: 151 BEAVER STREET, at the northeast corner of Beaver Street and De Forest Way; Lot 092 in Assessor's Block 2614 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to reconstruct and expand an existing non-conforming deck and staircase within the required rear yard.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 22'-0 in depth. The existing rear deck and stairs is a non-conforming structure that encroaches approximately 6'-0 into the required rear yard. The proposed deck and staircase expansion encroaches an additional 5'-6 into the required rear yard, thereby providing a rear yard that measures approximately 10'-6 in depth.

(ADRIAN PUTRA)

6. 2006.0513V: 500 EUREKA STREET, at the northeast corner of Eureka Street and 22^nd Street; Lot 001 in Assessor's Block 2773 in an RH-2 (Residential, House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is a new 14'-6 high, addition at the rear of the subject property.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 34'-6 in depth. The proposed deck and staircase extension encroaches approximately 3'-6 into the required rear yard, thereby providing a rear yard that measures approximately 31'-0 in depth. The Notification pursuant to Section 311 of the Planning Code has been sent under a separate mailing, and is set to expire on 8/4/07.

(ELIZABETH WATTY)

7. 2007.0442V: 1334 45^th AVENUE, east side between Irving and Judah Streets; Lot 032 in Assessor's Block 1799 in the RH-2 (Residential, House, Two-Family) Zoning District and 40-X Height and Bulk District. The subject property contains a single-family-dwelling.

REAR YARD VARIANCESOUGHT: The proposal seeks a variance from the rear yard requirements of Planning Code Section 134, in order to legalize an existing horizontal rear addition, enclose a portion of the ground floor level beneath the aforementioned horizontal rear addition, and construct a new rear staircase.

Section 134 of the Planning Code requires a rear yard of 54 feet for the subject property. The existing horizontal rear addition, proposed ground floor enclosure, and proposed staircase are all located within the required rear yard, extending to approximately 38 feet, 6 inches from the rear property line. The ground floor addition will be completely within the footprint of the horizontal rear addition, and the new staircase will descend from the second floor deck to grade along the rear building-wall. The rear yard encroachments require a variance from Planning Code Section 134.

(CECILIA JAROSLAWSKY)

8. 2007.0516V: 1420 47^th AVENUE, east side, between Judah and Kirkham Streets; Lot 32A in Assessor's Block 1807 in an RH-2 (House, Two-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to legalize the construction of an addition to the rear of a single-family dwelling to enclose an eight-foot by eight-foot portion of an existing ground-floor, rear deck.

Section 134 of the Planning Code requires a minimum rear yard of 23 feet, where  0 has been proposed; therefore, the enclosure of the rear deck would be contrary to Section 134 and would require a Variance.

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 existing structure encroaches into the required rear yard. Therefore, the addition of the non-complying addition would be contrary to Section 188 and would require a Variance.

(TOM WANG)

9. 2007.0611V: 1350 – 1352 DOLORES STREET, on the southwest corner of Dolores and Cesar Chavez Streets; Lot 001 in Assessor's Block 6578 in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

MINIMUM LOT AREA AND REAR YARD VARIANCES SOUGHT: The proposal includes (1) legalization of the subject lot to be an official lot of record; and (2) legalization of the existing second and third floor decks and a stairway connecting both decks to the ground, constructed without the benefit of a building permit, at the rear of a two-story over garage, two-family dwelling.

Section 121(e)(2) of the Planning Code requires a minimum lot area of 1,750 square feet for the subject lot in the RH-2 Districts. The subject lot was created in 1960 without proper referral to the Planning Department. It contains an area of 1,650 square feet, which is deficient in required minimum lot area.

Section 134(c)(4)(A) of the Planning Code requires a minimum rear yard depth of 15 feet, measured from the rear (west) property line, for the subject lot. The requested second and third floor decks and stairway encroach entirely into the required rear yard.

(MICHAEL LI)

10. 2007.0432V: 537 GROVE STREET, south side between Laguna and Octavia Streets; Lot 023 in Assessor's Block 0807 within an RM-1 (Residential, Mixed, Low Density) District and a 50-X Height and Bulk District.

MINIMUM LOT AREA AND REAR YARD VARIANCES SOUGHT: The proposed project is the subdivision of a through lot into two smaller lots. The northern half of the subject lot is occupied by a two-story, single-family dwelling, and the southern half of the subject lot is occupied by a one-story detached garage. Following the proposed subdivision, the northern parcel fronting Grove Street will contain the two-story, single-family dwelling, and the southern parcel fronting Ivy Street will contain the one-story detached garage. The project sponsor has indicated that at some point in the future, there may be a proposal to demolish the garage structure and construct a four-story, two-unit building on the Ivy Street lot. However, it is not part of this proposal.

Section 121(e) of the Planning Code requires a minimum lot area of 2,500 square feet. The Grove Street lot would be approximately 1,837.5 square feet, and the Ivy Street lot would be approximately 1,312.5 square feet.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 17' 6 for the proposed Grove Street lot and approximately 15 feet for the proposed Ivy Street lot, measured from the common rear property line. Following the proposed subdivision, the Grove Street lot would have a building that extends to within 12 feet of the rear property line and encroaches into the required rear yard. The proposed footprint of the future building on the Ivy Street lot would extend to within 11 feet of the rear property line and encroach into the required rear yard.

(BEN FU)

11. 2007.0433V: 1 547-1549 TREAT AVENUE, east side, between Precita Avenue and Ripley Street; Lot 029 in Assessor's Block 5525 in an RH-2 (Residential, House, Two-Family) and the Bernal Heights Special Use District with a 40-X Height and Bulk Designation.

REAR YARD VARIANCE SOUGHT: The proposal is to remove the existing rear deck and stairs and to construct new deck and stairs at the rear.

Planning Code Section 242 requires the minimum rear yard depth in a RH-2 District to be equal to 45 percent of the total depth of the lot, measured from the rear lot line to the rear building wall. The required rear yard for the subject property is 49'-6 . The existing building encroaches 3'-6 into the required rear yard and the existing deck and stairs further encroach 10'-0 , leaving a rear yard of 36'-0 . The proposed rear deck and stairs encroach 13'-0 , leaving a rear yard of 33'-0 . No change is proposed for the existing building. Dimensions are approximate.

(MICHELLE GLUECKERT)

13. 2007.0441V: 68 CARVER STREET, on the west side of Carver Street between Chapman Street and Mayflower Street; Lot 004 in Assessor's Block 5640, in a RH-1 (House, One-Family) Zoning District and a 40-X Height and Bulk District, within the Bernal Heights Special Use District.

PARKING VARIANCE SOUGHT: The proposal is to construct a rear horizontal addition that will not encroach into the required rear yard. The addition will add 494 square feet of usable floor area to the existing singe family dwelling.

Planning Code Section 242(e)(4)(A)(iii) states that if one or more alterations add over 400 square feet of usable floor area and the total usable floor area of the building is between 1,650 and 2,250 square feet, a total of two parking spaces are required. The proposal is to provide one parking space.

(MICHELLE GLUECKERT)

14. 2007.0389V: 228 RAYMOND AVENUE, on the south side of Raymond Avenue between Rutland Street and Delta Street; Lot 010 in Assessor's Block 6239, in a RH-1 (House, One-Family) Zoning District, and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a two-story horizontal addition in front of the existing dwelling on the lot. The addition will extend to the front property line and will not provide a front setback.

Planning Code Section 132 sets forth the basic requirement for front setback as the average of the two front setbacks on the adjacent lots. The subject property requires a front setback of approximately 9.5 feet. No front setback is proposed.

Notification pursuant to Section 311 of the Planning Code will be sent under separate mailing.

(EDGAR OROPEZA)

15. 2007.0449V: 570 JUSTIN DRIVE, north side between Alemany Blvd. and Genebern Way, Lot 037 in Assessor's Block 5840 in an RH-1 (D) (Residential, House, One-Family, Detached) and a 40-X Height and Bulk District.

REAR YARD AND OPEN SPACE VARIANCES SOUGHT: The proposal is to legalize the two-story addition located at the rear of the dwelling done without benefit of a Building Permit.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 25' in average length. The proposed rear addition encroaches approximately 17' into the required rear yard, thereby providing a rear yard that measures approximately 8' in length.

Section 135 of the Planning Code requires usable open space be provided for each dwelling structure within the  R Districts composed of an outdoor area designed for outdoor living, recreation or landscaping. The existing rear yard does not meet the minimum dimension requirements to be credited as usable open space.

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