April 23, 2008
PLANNING DEPARTMENT
CITY AND COUNTY OF
SAN FRANCISCO
Notice of Hearing on Application
For Zoning Variance
CITY HALL - Room 408
1 Dr. Carlton B. Goodlett Place
Wednesday, APRIL 23, 2008
Session Begins at 9:30 A.M.
Public Hearing
Lawrence Badiner, Zoning Administrator
Lisa Chau, Recording Secretary
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 Planning Code as described below has been filed with the Zoning Administrator.
Any remaining questions concerning this application review process may be answered by the Planning Information Center at (415) 558-6377.
Variance Calendars are available on the Internet at http://www.ci.sf.ca.us/planning/variance.htm.
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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, April 23, 2008, 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.
(SHELLEY PERDUE)
Rear Yard and Non-Complying Structure Variance: The proposal is to construct a one-story addition at the basement level and a deck and stairs at the 1st floor level in the required rear yard of the subject two-unit property. The approximately 20' deep by 4' wide addition, deck, and stairs will be constructed along the south side of the existing building and will not extend past the line of the existing rear wall.
Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 45% of the lot depth or, in the subject case, 62' in depth. The existing non-complying rear yard measures approximately 33.5' in depth. Although the proposed addition, deck, and stair will not extend into the existing rear yard, the structures will be located within the required rear setback.
Section 188 of the Planning Code prohibits the expansion of a non-complying structure. The existing building is considered a legal non-complying structure because portions of it already encroach into the required rear yard. Therefore, the proposed expansion would be contrary to Section 188.
(AARON STARR)
Rear Yard and Non-Complying Structure Variances: The proposal is to construct two rear access stairs, one on either side of the rear of the building, and firewalls at the side property lines. The stairs will extend approximately 11' from the rear wall of the building into the rear yard and provide access from the ground floor to the rear yard. The firewalls will be located next to the stairs at the side property lines, extend approximately 11' into the rear yard and will be approximately 12' above grade at their highest point.
Section 134 of the Planning Code requires the subject building to have a rear yard equal to 45% of the lot depth, or approximately 45'. The proposed stairs will be located entirely within the required rear yard, extending to within 16.5' of the rear property line.
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.
(TOM WANG)
MINIMUM LOT AREA, REAR YARD AND USABLE OPEN SPACE VARIANCES SOUGHT: The proposal is to subdivide a 2,650 square-foot lot into two separate lots. There are two existing buildings on the site, including a three-story over basement, three-family apartment building (282-284 Valley Street) fronting on Valley Street and a three-story over basement, three-family apartment building (1541-1543-1545 Sanchez Street) fronting on Sanchez Street.
The proposed lot subdivision would occur between these two buildings, approximately fifty feet from the front property line, (considered on Sanchez Street) of the subject lot. The proposed lot subdivision provides that each existing building would be within its own lot boundaries. The proposed westerly lot, with a width of twenty-six feet six inches fronting on Sanchez Street, would contain the building at 1541-1543-1545 Sanchez Street. The proposed easterly lot, with a width of approximately fifty feet fronting on Valley Street, would contain the building at 282-284 Valley Street and the existing exterior stairs located between the two buildings.
The proposal would also include a replacement of the existing stairway located between the two buildings with a new stairway as a second means of egress serving both buildings.
Section 121(e)(2) of the Planning Code requires a minimum lot area of 1,750 square feet for any lot having its street frontage entirely within 125 feet of the intersection of two streets. The proposed westerly and easterly lots, each containing 1,325 square feet, would both be deficient in minimum lot area.
Section 134(c) of the Planning Code requires a minimum rear yard of fifteen-foot for both proposed lots. As a result of the lot subdivision, the existing building fronting on Sanchez Street would occupy the entire westerly lot and the existing building and exterior stairs fronting on Valley Street would occupy the entire easterly lot. Therefore, each of the two proposed lots would require a rear yard variance.
Section 135 of the Planning Code provides that each dwelling unit in an RH-2 district shall have a minimum 125 square feet of private usable open space or 166 square feet of common usable open space. Currently, there is no usable open space on the subject lot available for the total six existing dwelling units. Therefore, each of the two proposed lots would require a usable open space variance.
Section 188 of the Planning Code prohibits the enlargements, alterations, or reconstruction of a noncomplying structure. The existing stairway between the two buildings that already encroaches into the required rear yard is a noncomplying structure. Therefore, replacing the existing stairway with a new stairway would result in the reconstruction of a noncomplying structure.
(ELIZABETH WATTY)
Side Yard Variance: The proposal is to construct a three-story horizontal side addition to the north side of the existing three-story single-family detached residence.
Section 133 of the Planning Code requires that the Subject Property must maintain two side yards each of five feet, based on the width of the lot where the addition is proposed. The three-story encroachment is triangular in shape, extending a maximum depth of two-feet and maximum width of ten-feet into the east side setback. The encroachment will extend to within three-feet of the east side property line at the furthest point of encroachment.
(MICHAEL SMITH)
Section 134 of the Planning Code requires that the subject property maintain a minimum rear yard that measures approximately 45' in length, measured from the rear property line of lots 28 and 29. The proposed addition would infill an area of the building that is located within 36' of the rear property line, encroaching 9' into the required rear yard.
Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. Because the building is already encroaching 25' into the required rear yard, it is a legal noncomplying structure. Therefore its expansion, as proposed, is contrary to section 188 of the Code.
(AARON HOLLISTER)
6. 2007.0938V 1742 JONES STREET, east side of Jones Street, between Vallejo Street and Broadway, Lot 025 in Assessor's Block 0150 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
Rear Yard Variance: The proposal is a horizontal addition to enclose an exterior staircase and deck area in the required rear-yard setback of the subject property.
Section 134 of the Planning Code requires an approximately 26-foot rear yard setback on the subject site. The subject building currently extends into the required rear yard, with a portion of the building extending to the rear property line. The proposed one-story addition will also extend to the rear property line, adjacent to the furthest extending portion of the building. The addition will measure approximately 12.5 feet horizontally and 10.5 feet vertically.
(EDGAR OROPEZA)
Section 134 of the Planning Code permits a reduction of the rear yard requirements in the RH-3 (Residential, House, Three-Family) District provided that 25% of the lot depth remains as open space. The subject property already contains a noncomplying structure located on the rear property line, set back approximately 102 feet from the front property. A noncomplying rear yard building proposed to be converted into residential use requires a variance from the rear yard requirements.
Section 135 requires usable open space be provided for each dwelling structure within the R Districts composed of an outdoor area designed fro outdoor living, recreation or landscaping. The existing courtyard of approximately 700 square feet would be shared by both dwelling structures and does not meet the minimum dimension requirements to be credited as usable open space.
Section 140 of the Planning requires that at least one room of at least 120 square feet must face one of the following open areas: a public street or alley of at least 25 feet in width, a code complying rear yard, or an inner court measuring at least 25 feet in every direction. The proposed dwelling unit does not have adequate the exposure.
Section 151 of the Planning Code requires the addition of one (1) new off-street parking space for each new dwelling unit. Thus the proposed project results in a requirement for one (1) new off-street parking space. One parking space exists, no new off-street parking is proposed.
Section 188 of the Planning Code states that a noncomplying structure as defined in Section 180 may be enlarged, altered or relocated, or may undergo a change or intensification of use in conformity with the use limitations of this Code.
(BEN FU)
Planning Code Section 242(e)(2) requires a minimum rear yard of 45 percent of the total depth of lot for a property within the Bernal Heights Special Use District. Planning Code Section 242(e)(2)©(iii) further states that those obstructions into rear yards otherwise permitted by Code Section 136©(2),(3), and (25) may not be permitted.
Obstructions extending into the required rear yard are not permitted unless specified in Planning Code Section 136. An underground garage is permitted in the required rear yard but not within the last 15 feet of the depth of the lot per Planning Code Section 136©(26). Though the proposed studio and courtyard are permitted in the required rear yard, they are not permitted in the last 15 feet of the subject lot and would require the justification of a rear yard Variance.
B. REGULAR CALENDAR
(SHELLEY PERDUE)
Rear Yard Variance: The proposal is to construct a one-story addition at the ground floor and a fire escape at the second and third floors in the required rear yard of the subject property. The addition will be approximately 10'-6 deep by 24'-6 wide.
Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures 23'-9 in length. The proposed new addition encroaches approximately 10'-6 into the required rear yard leaving approximately 13' of open space.
(CHRISTINE LAMORENA)
Rear Yard and Non-Complying Structure Variances: The proposal to legalize two existing decks (approximately 9 feet deep by 13 feet wide at the first-story and 11 feet deep by 13 feet wide at the second-story) at the rear of the two-story over garage, two-family building. Additional work includes the replacement of existing exterior stairs with a new fire escape; however, is not subject to this variance.
Section 134 of the Planning Code allows a required rear yard based on the average of the adjacent building depths, with a minimum rear yard depth of 25 percent of the lot depth or 15 feet, whichever is greater. Based on averaging, the required rear yard for the subject lot is approximately 27 feet. The existing rear decks extend approximately 11 feet from the building's rear wall into the required rear yard area.
Section 188 of the Planning Code prohibits the enlargement or intensification of any non-complying structure. Because the subject property already encroaches approximately 18 feet into the required rear yard, it is considered a legal noncomplying structure. Therefore, the legalization of the rear decks would be contrary to Section 188 of the Planning Code.
(CHRISTINE LAMORENA)
Rear Yard and Non-Complying Structure Variances: The proposal is to construct a vertical addition (approximately 50 feet deep by 25 feet wide) set back approximately 30 feet from the front property line at the three-story, three-family building. The proposal also includes a deck (approximately 5 feet deep by 7 feet wide) at the rear of the 1st story and a roof deck (approximately 8 feet deep by 25 feet wide) at the rear of the 4th story addition.
Section 134 of the Planning Code allows a required rear yard based on the average of the adjacent building depths, with a minimum rear yard depth of 25 percent of the lot depth or 15 feet, whichever is greater. Based on averaging, the required rear yard for the subject lot is 25 feet. The proposed 4th story addition would extend approximately 5 feet into the required rear yard and the proposed 1st story rear deck approximately 5 feet from the existing rear wall into the rear yard area.
Section 188 of the Planning Code prohibits the enlargement or intensification of any non-complying structure. The existing 3-unit building currently encroaches into the required rear yard by approximately 11 feet and is considered a legal non-complying structure. The 4th story addition is therefore contrary to Section 188.
(SARA VELLVE)
Parking Variance: The proposal is to add two new dwelling units to the structure without the two off-street parking spaces required by the Planning Code. The number of dwellings in the building would increase from one to three. The units would be incorporated into the existing building footprint. There is no parking on the site for the existing unit. Although the building contains two units, the existing second unit was added without the benefit of permits.
Section 151 of the Planning Code requires that each new dwelling unit provide one off-street parking space. The proposal does not include the required off-street parking spaces.
(MARY WOODS)
Rear Yard Variance: The proposal is to replace the two existing exterior rear staircases located on each side of the building with a new single staircase with decks to be located in the center of the building, partially extending into the required rear yard. Other interior and exterior alterations and improvements to the existing building are also proposed.
Section 134 of the Planning Code requires the minimum rear yard depth to be 45 percent of the total depth of the lot or the average depth of the rear walls of adjacent buildings to a minimum of 25 percent of the lot depth or 15 feet, whichever is greater. The required rear yard for the subject property would be approximately 29 feet. The proposed replacement single staircase with decks will extend into the required rear yard by approximately 13.6 feet.
(TOM WANG)
Rear Yard Variance: The proposal is for the construction of a first floor deck, at the rear of the existing one-story over garage, single-family dwelling.
Section 134(a)(1) of the Planning Code requires a rear yard depth of approximately 19 feet 6 inches, measured from the mid-point of the rear property line, for the subject lot. The proposed first floor deck would encroach 2 feet into the required rear yard to within 17 feet 6 inches of the rear property line.
(MICHAEL SMITH)
Section 134 of the Planning Code requires that the subject property maintain a minimum rear yard that measures approximately 15' in length, measured from the rear property line. The proposal would change the use of but not alter the envelope of a building that extends to the rear property line, encroaching 15' into the required rear yard.
Section 188 of the Planning Code prohibits the intensification of a noncomplying structure. Because the building already encroaches 15' into the rear yard it is a legal noncomplying structure. The use of the building would be intensified by adding a dwelling unit where none existed. Therefore the conversion, as proposed, is contrary to Section 188 of the Code.
(ADRIAN PUTRA)
Rear Yard Variance: The proposal is construct a vertical addition above the one-story wing of a two-story, single-family dwelling at the subject property.
Section 134 of the Planning Code requires that the subject property maintains a 15 feet rear setback. The proposed rear addition will have a 10 feet, 4 inch rear setback to match the existing 10 feet, 4 inch feet rear setback of the subject dwelling, where a 15 feet rear setback is required.
Section 188 of the Planning Code allows a non-complying structure to be altered, providing that there is no new or increased discrepancy at any level between existing conditions on the lot and the required standards of the Planning Code. The subject dwelling constitutes a non-complying structure within the required rear yard with an existing rear setback of 10 feet, 4 inches where 15 feet is required. The addition would match the existing 4 feet, 8 inch discrepancy between the subject dwelling and the standards of the Planning Code.
(COREY TEAGUE)
Planning Code Section 134 requires a minimum rear yard of 25 percent at the ground level and each succeeding level or story of the building, or a minimum of 15 feet, whichever is greater. The required rear yard for this property is 15 feet. The proposed rear yard is approximately 8 feet.
Planning Code Section 135 requires 399 square feet of useable common open space that is at least 15 feet in every horizontal direction. The project proposes nearly 600 square feet of useable common open space, but one horizontal dimension of this space is only approximately 8 feet.
(COREY TEAGUE)
Planning Code Section 242 establishes the minimum rear yard for properties in the RH-2 Zoning District in the Bernal Heights Special Use District at 45 percent of the lot depth. The proposed rear yard is 25 percent of the lot depth. Section 242 also requires residential buildings between 2,151 and 3,850 square feet of useable floor area to provide 4 off-street parking spaces. The proposed development provides 2 off-street parking spaces.
(DIEGO SANCHEZ)
Section 140 of the Planning Code requires that in each dwelling unit at least one room face directly on an open area including a public street or rear yard. The proposed new dwelling does not face such open area.
Section 151 of the Planning Code requires one off-street parking space for each dwelling unit. The project proposes two dwelling units but provides only one parking space.
(DIEGO SANCHEZ)
Section 134 of the Planning Code requires a rear yard clear of obstructions not listed under Section 136. A multi-level deck is not listed under Section 136.
Section 151 of the Planning Code requires one off-street parking space per dwelling unit.
Section 155 of the Planning Code requires that each off-street parking space be independently accessible. The existing two off-street parking spaces are tandem and therefore not independently accessible.
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:
- respond to statements made or questions posed by members of the public; or
- request staff to report back on a matter at a subsequent meeting; or
- direct staff to place the item on a future agenda. (Government Code Section 54954.2(a))
ADJOURNMENT