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September 24, 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, SEPTEMBER 24, 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.


Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408, Fourth Floor, San Francisco, CA. The closest accessible BART Station is the Civic Center Station located at the intersection of Market, Hyde and Grove Streets. Accessible curb side parking has been designated at points along McAllister Street. Accessible MUNI Lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro Lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. American sign language interpreters and/or a sound enhancement system will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 72 hours prior to a hearing. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

For more information on your rights under the Sunshine ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall, Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at Donna_Hall@ci.sf.ca.us.

Attention:Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin.. Code 16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/.


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, September 24, 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.

(CHRISTINE LAMORENA)

1. 2008.0333V: 151-153 7th AVENUE, on the west side between California and Lake Streets, Lot 013 in Assessor's Block 1367 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to replace an existing deck and stairs with two new decks and stairs at the rear of the three-story over garage, two-unit building. The new decks and stairs will each be approximately 14 feet deep by 18 feet wide set back from both side property lines by approximately 4 feet.

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. Based on averaging, the required rear yard for the subject property would be approximately 46 feet. The proposed decks and stairs would be located entirely within the required rear yard.

(GLENN CABREROS)

2. 2008.0906V: 1170-1180 Green Street, north side of the street between Hyde and Leavenworth Streets; Lot 012 in Assessor's Block 0122 in an RH-3 (Residential, House, Three-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a spiral staircase from the third floor roof deck to access the fourth floor roof deck. The spiral staircase is proposed in lieu of constructing a fourth floor roof stair penthouse that was previously approved.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 15 feet 8 inches in depth. The rear yard at the level of the third floor roof deck is 15 feet 8 inches. The proposed spiral staircase would project approximately 6 feet into the required rear yard area.

(AARON STARR)

3. 2008.0973V: 2309 – 2309A CALIFORNIA STREET on the south side, between Orben Place and Webster Street; Lot 040 in Assessor's Block 0653 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to demolish the existing 2nd story rear deck and stairs and replace them with a new staircase and accompanying fire wall at the west side property line to provide access from the 2nd floor to the rear yard.

Section 134 of the Planning Code requires that the subject property maintain a rear yard that measures approximately 25' in depth. The proposed stairs will be located entirely within the required rear yard.

(SHARON YOUNG)

4. 2008.0991V: 230 SEA CLIFF AVENUE, north side between Sea Cliff and 27th Avenues, Lot 001N in Assessor's Block 1307 in an RH-1(D) [One-Family Detached Dwelling] Zoning District and a 40 X Height and Bulk District.

REAR YARD, SIDE YARD, AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct basement level horizontal extensions with terraces above that will extend into the required rear and side yards of the three-story, single-family dwelling. On the east side of the lot, the proposal will involve removing the existing 1st floor terrace (approximately 35'6 wide by 8'6 deep) and replacing it with a new basement level horizontal extension (approximately 35'6 wide by 14'6 deep by 10'6 high) with a terrace above. The new horizontal extension with a terrace above will extend 6' further into the rear yard than the existing terrace. On the west side of the lot, the proposal will involve constructing a new basement level horizontal extension (approximately 11' wide by 22' deep by 12' high) with a terrace above. The proposal will also involve constructing new lateral exit stairs which will abut the west property line.

Section 133 of the Planning Code requires lots with a width of 50 feet or more to have two side yards each of 5 feet. On the west side of the lot, the proposed horizontal extension will extend into the required side yard approximately 1'6 , to align with the existing side building wall of the building.

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 total lot depth at grade level and at each succeeding story of the building. The subject property, with an average lot depth of 135', has a required rear yard of approximately 33'. The existing rear yard has variable depths ranging from approximately 22' to 45'. On the east side of the lot, the new horizontal extension will extend approximately 11'6' into the required rear yard. On the west side of the lot, the new horizontal extension will extend approximately 11' 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 expansions would be contrary to Section 188 of the Planning Code.

(AMNON BEN-PAZI)

5. 2008.0420v: 334-340 Vallejo Street, on the north side of Vallejo Street, between Montgomery and Sansome Streets; Lot 003 in Assessor's Block 0134 in an RM-1 (Residential Mixed, Low Density) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to vertically extend the existing rear stairs to provide access to the roof. The stairs currently reach the third (top) residential floor. The stairs are and will remain open, thus no stair penthouse is proposed. The existing stairs encroach into the rear yard required by the Planning Code, thus the proposed extension would intensify the encroachment into the required rear yard.

Section 134 of the Planning Code requires that the subject property maintain a rear yard approximately 62 feet in depth. The existing rear stairs encroach approximately 6 feet into this required rear yard, thus the proposed vertical stair extension would also encroach approximately 6 feet into the rear yard.

Per Section 311 of the Planning Code, this proposal is also subject to a 30-day notification to occupants and owners within 150-feet of the subject property. The mailing of such notification will be done separately. This notice has been mailed to you because the subject site is within 300 feet of your property. While it is not required that you appear or send a written communication on this matter, you are most welcome to do so. Any comments you may wish to make will be appreciated.

(AMNON-BEN PAZI)

66. 2008.0866v: 281-285 Ellis Street, on the south side of Ellis Street, between Mason and Taylor Streets; Lot 014 in Assessor's Block 0331 in an RC-4 (Residential-Commercial Combined, High Density) Zoning District and a 80-130-T Height and Bulk District.

Rear Yard and Open Space Variances: The proposal is to convert the third floor of the existing three-story commercial building into a dwelling unit. On the Ellis Street facade, the building has windows on the first and third floors only, and thus presents the appearance of a two-story building from the street. No physical expansion of the building is proposed. The existing building covers the entire lot, thus the proposed dwelling unit would not meet the rear yard and open space requirements of the Planning Code.

Section 134 of the Planning Code requires that the subject property maintain a rear yard measuring approximately 18 feet in dept, at the lowest level containing a dwelling unit. The proposed new dwelling unit would be on the third floor of the existing building, where the building extends the full depth of the lot and does not maintain a rear yard. Section 135 of the Planning Code requires a minimum of 36 square feet of usable open space for each dwelling unit. The proposed new dwelling unit would be in an existing building which does not provide usable open space.

Per Section 311 of the Planning Code, this proposal is also subject to a 30-day notification to occupants and owners within 150-feet of the subject property. The mailing of such notification will be done separately.


B. REGULAR CALENDAR

(CHRISTINE LAMORENA)

7. 2007.1254V: 109 BUCHANAN STREET, on the west side between Waller and Hermann Streets, Lot 009 in Assessor's Block 0869 in an RTO (Residential Transit Oriented) Zoning District and a 40-X Height and Bulk District.

Rear Yard and Dwelling Unit Exposure Variances: The proposal is to add a dwelling unit to the ground floor of the existing three-story over garage, five-unit building, resulting in six total dwelling units at the subject property. No expansion of the existing building envelope is 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 40 feet. The existing building was originally constructed approximately 6 feet beyond the required rear yard line. Although no expansion of the existing building is proposed, the new unit would be located partially within the required rear yard.

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 Code-complying rear yard. The proposed new dwelling unit would face an approximately 15-foot deep rear yard, which does not meet the Planning Code's rear yard requirements with respect to depth.

(MICHAEL SMITH)

8. 2008.0876V: 31 FAIRMOUNT STREET AND 130 ARLINGTON STREET, south side between Chenery and Arlington Streets; Lot 024 in Assessor's Block 6686 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Lot Frontage, Lot Area, Rear Yard, Open Space, and Dwelling Unit Exposure Variances: The proposal is to subdivide the lot containing two separate buildings into two lots. The lot fronting on Fairmount Street would have 1,400 square-feet of lot area and the interior lot would have 1,100 square-feet of lot area.

Section 121(a) of the Planning Code requires that all newly created lots have and maintain a minimum of 16-feet of frontage on a public street, alley, or permanent right-of-way. The proposed interior lot would retain a pedestrian walkway to Arlington Street but it is not wide enough to meet this Code requirement.

Section 121(e) 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. Neither lot would have sufficient lot area to meet this requirement.

Section 134 of Planning Code requires a minimum rear yard depth of 15-feet for the proposed interior lot measured from the rear property line opposite the Arlington frontage. As a result of the proposed lot split the existing building would encroach 15-feet into this required open area.

Section 135 of the Planning Code requires a minimum of 125 square-feet of private usable open space for each dwelling unit. Usable open space must meet certain minimum standards, and once provided, it cannot be removed. The proposed interior lot will not have any usable open space for 130 Arlington Street because the building would occupy a majority of the lot.

Section 140 of the Planning Code requires that all dwelling units face onto a qualifying open area for exposure. 130 Arlington Street would continue to face onto the space between the buildings but because the space would be located on a different lot the exposure does not comply with this Code requirement.

(RICK CRAWFORD)

9. 2008.0508V: 1813 CHURCH STREET on the east side of Church Street, between 30th and Randall Streets; Lot 046A in Assessor's Block 6656 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.

Rear Yard Variance: The proposal is to construct a two story addition to the rear of the existing building. The addition would be approximately 12.5 feet long and 15.5 feet wide.

Section 134 of the Planning Code requires that the subject property maintain a rear yard of 56 feet where 35 feet are proposed.

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

(ERIKA JACKSON)

10. 2008.0798V: 460 HAMILTON STREET, on the west side of Hamilton Street, between Bacon and Wayland Streets; Lot 037 in Assessor's Block 6042 in an RH-1 (Residential, House, Single-Family) and a 40-X Height and Bulk District.

REAR YARD VARIANCE: The proposal is to construct a new single-story 20 foot by 23 foot two-car garage in the required rear yard.

Section 134 of the Planning Code requires lots in an RH-1 Zoning District to maintain a rear yard equal to 25% of lot depth. The rear yard requirement for the subject property would be approximately 30 feet. The new structure would be located entirely within the required rear yard adjacent to the rear property line at the west corner of the property.

(ERIKA JACKSON)

11. 2008.0929V: 214 COLERIDGE STREET, on the west corner of Coleridge Street and Virginia Avenue; Lot 002 in Assessor's Block 5642 in an RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District and the Bernal Heights Special Use District.

REAR YARD VARIANCE: The proposal is to construct a new two-story 10 feet by 22 feet rear horizontal addition with a one-car garage on the ground floor, a bedroom and bath on the second floor, and a deck on the third floor. This rear extension would replace the existing extension on the second floor. The proposal also includes a new curb cut and driveway.

Section 134 of the Planning Code requires lots in an RH-2 Zoning District with less than 70 feet depth in the Bernal Heights Special Use District to maintain a rear yard equal to 45% of lot depth. The subject property is required to maintain a rear yard that measures 27 feet in length. The existing rear yard is approximately 21 feet in length. The existing rear yard is approximately 21 feet. The proposed new rear addition extends approximately 12 feet into the required rear yard, leaving a rear yard, of approximately 15 feet from the rear bay window.

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

Last updated: 11/17/2009 10:00:45 PM