October 22, 2014

Notice of Hearing on Application For Zoning Variance
CITY HALL - Room 408, 1 Dr. Carlton B. Goodlett Place

Wednesday, October 22, 2014

Public Hearing - Session Begins at 9:30 A.M

Corey A. Teague, Asst. Zoning Administrator
Eva Atijera-Taylor, 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 and Audio Recording of the Hearing are available on the Internet at http://www.sfplanning.org

Accessibility, Language Assistance and Sunshine Ordinance

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 Planning Code as described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on the date, time, and place listed on the first page of this Calendar:

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.

 (TOM WANG)

1. 2014.0554V:   201-203 RUSSIA AVENUE, Lot 012C in Assessor's Block 6086 in an RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:   The proposed work to the existing two-story, mixed-use building includes (1) conversion of an existing vacant ground floor commercial space to a second dwelling unit; (2) removal of a portion of the ground floor rear storage room and a second floor rear stairway; (3) construction of a new roof deck above the existing garage structure, and (4) construction of a new second floor rear stairway, which would allow the proposed ground floor unit and the existing second floor unit to access the new roof deck above the garage fronting on Paris Street. Only the proposed second floor rear stairway in item (3) will require a variance.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a minimum rear yard depth of 21 feet 6 inches, measured from the rear property line. The proposed second floor rear stairway would encroach 6 feet 6 inches into the required yard to within 15 feet of the rear property line.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0554V.pdf.

B.      REGULAR CALENDAR

(ERIKA JACKSON)

2.  2007.0213V:       325 BOWDOIN STREET, Lot 026 in Assessor's Block 5884 in a RH-1(D) (Residential- House, One Family-Detached) Zoning District and a 40-X Height and Bulk District.

LOT AREA, SIDE SETBACK, REAR YARD & PARKING VARIANCES SOUGHT:  The proposal is to subdivide an existing lot into two lots and construct a new single-family dwelling on the resulting vacant lot fronting Hale Street. The existing single-family dwelling along Cortland Street would remain substantially unchanged.

PER SECTION 121 OF THE PLANNING CODE lots in an RH-1(D) Zoning District must have a minimum lot area of 4,000 square feet.  The subject lot is approximately 5,200 square feet in area.  The lot subdivision will produce two lots, one fronting on Hale Street with approximately 2,630 square feet in area, and one fronting on Bowdoin Street with approximately 2,570 square feet in area.  A lot area variance is required for both lots.

PER SECTION 133 OF THE PLANNING CODE lots within an RH-1(D) Zoning District that are between 40 and 50 feet wide must provide two side yards that are at least 4 feet wide.  The existing structure will provide an approximately 2.5 foot side yard on one side and no side yard on the other side.  The new structure will provide a side yard of 3 feet on one side and 4 feet on the other side.  A side setback variance is required for both lots.

PER SECTION 134 OF THE PLANNING CODE lots within an RH-1(D) Zoning District must provide a rear yard equal to 25% of lot depth, but in no case less than 15 feet.  The rear yard requirement for the lot fronting on Bowdoin Street is 15 feet where approximately 1.5 feet is provided by the existing structure.  The rear yard requirement for the lot fronting on Hale Street is 15 feet where 15 feet is provided.  A rear yard variance is required for the lot fronting on Bowdoin Street.

PER SECTION 150 OF THE PLANNING CODE once a required off-street parking space has been provided which wholly or partially meets the requirements of the Planning Code, such off-street parking space shall not be reduced, eliminated or made unusable.  The existing parking garage providing one off-street parking space for the existing dwelling unit fronting on Bowdoin Street will be demolished.  One required off-street parking space is provided for the dwelling fronting on Hale Street.  A parking variance is required for the lot fronting on Bowdoin Street.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2007.0213V.pdf.

(ALEXANDRA KIRBY)

3.  2014.0961V:      542 - 546 CENTRAL AVENUE, Lot 025 in Assessor's Block 1198 in a RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD AND EXPOSURE VARIANCES SOUGHT:  The proposal is to demolish and reconstruct an existing three-story laundry porch at the rear of the three-story, three-unit building and to expand the ground floor 3 feet-2 inches to the west, providing a deck at the second story. The existing and proposed depth of the porch is approximately 10 feet from the rear building wall. The proposal includes reconstructing the egress stairs at the rear, which would encroach an additional 6 feet into the required rear yard from the third story.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 23 feet 1 inches.  The proposed addition would encroach approximately 11 feet 6 inches into the required rear yard; therefore, the project requires a variance from the rear yard requirement of the Planning Code.

PER SECTION 140 OF THE PLANNING CODE, the subject property is required to have windows of each unit face directly on an open area. Since the rear yard of the subject property is not code compliant, the ground floor unit does not meet the exposure requirements. As such, the unit requires a variance from the exposure requirement of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0961V.pdf.

(ALEXANDRA KIRBY)

4.  2014.1164V:      1907 LYON STREET, Lot 006 in Assessor's Block 1007 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a one-story horizontal addition, measuring approximately 10 feet 3 inches deep, 6 feet 4 inches wide, and 8 feet 3 inches in height, which will fill in the existing light court at the southwest corner of the single-family residence. The proposal includes an exterior balcony and ladder to provide access to the roof, although no roof deck is proposed.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 15 feet.  The proposed addition falls entirely within the required rear yard; therefore, the project requires a variance from the rear yard requirement of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.1164V.pdf.

(DOUG VU)

5.  2014.0809V:      1015 FLORIDA STREET, Lot 031 in Assessor's Block 4150 in a RH-2(Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

FRONT SETBACK VARIANCE SOUGHT:  The proposal includes an addition of a new 25-foot 6-inch deep third floor with a rear roof deck and spiral stairs to the existing two-story, single-family dwelling. The addition will be constructed at the front wall of the existing noncomplying structure, necessitating a front setback variance.

PER SECTION 132 OF THE PLANNING CODE the subject property is required to maintain a front setback measuring 12 feet 6 inches. The proposed vertical addition will be constructed at the front wall of the existing building and encroach 12 feet 6 inches into the required front setback; therefore, a variance is required.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0809V.pdf.

(DOUG VU)

6.  2014.0626V:      376 LEXINGTON STREET, Lot 060 in Assessor's Block 3609 in a RTO-Mission (Residential Transit Oriented- Mission) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:  The proposal includes reconstruction of the rearmost 8-foot 6-inch portion of the ground floor that extends to the rear property line and a 2-foot rear addition and deck at the second floor of the existing single-family dwelling. The entire project will encroach into the required rear yard of the noncomplying structure.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard equal to the average of the depths of the rear building walls of the two adjacent buildings, or 23 feet. The reconstruction of the rearmost 8-foot 6-inch portion of the building at the ground floor, 2-foot rear addition and 6-foot 6-inch deck at the second floor encroach entirely into the rear yard; therefore, a variance is required.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0626V.pdf.

(KANISHKA BURNS)

7.  2014.1275V:       972 BUSH STREET, Lot 005 in Assessor's Block 0275 in a RC-4 (Residential- Commercial, High Density) Zoning District and a 65-A Height and Bulk District.

EXPOSURE VARIANCE SOUGHT:  The proposal is to construct three new dwelling units within the existing seven-story, 26 dwelling unit building. The three new units will be constructed by converting basement level common and storage space into dwellings, as well as reducing an existing dwelling at the first floor to create a two-story dwelling. The proposal will not expand the existing building.

PER SECTION 140 OF THE PLANNING CODE each dwelling unit is required to face either a street or alley at least 25 feet in width, a code-complying rear yard, or sufficient open area. The proposed new dwelling units at the rear of the lot face onto a non-compliant rear yard measuring approximately 16 feet in depth and a 12-foot wide inner court. Therefore, a variance is needed from the dwelling unit exposure requirement of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.1275V.pdf.

(KATE CONNER)

8.  2014.0941V:      100 VAN NESS AVENUE, Lot 020 in Assessor's Block 0814 in a C-3-G (Downtown-General) Zoning District, the Van Ness & Market Downtown Residential Special Use District, and a 200-R2 Height and Bulk District.

OPEN SPACE AND EXPOSURE VARIANCES SOUGHT:   The proposal is to add 18 residential units to an existing 399-unit residential building (under construction) as authorized under Case No 2012.0032EXV. Variances from open space and exposure were previously granted for 250 units (open space) and 137 units (exposure). The proposal will not expand the building envelope and the new units will be located in area previously used as storage.

PER SECTION 135 OF THE PLANNING CODE the project is required to provide a minimum of 36 square feet of private open space or 48 square feet of common open space per dwelling unit within C-3 Districts. Both private and common open space must meet standards for location, dimensions, usability, and access to sunlight. With the addition of 18 dwelling units, a total of 864 square feet of additional open space is required. The Project's open space will be in the form of common open space. The proposed roof deck will provide 11,990 square feet of common usable open space, which is enough area to accommodate the usable open space requirement for 250 of the proposed 417 dwelling units. Therefore, an open space variance is required. An open space variance was previously granted for 149 units and this variance is for an additional 18 units.

PER SECTION 140 OF THE PLANNING CODE, the project requires that one room of each dwelling unit must look out onto the street, onto a Code-complying rear yard, a side yard at least 25 feet in width or onto a courtyard generally of minimum dimensions of at least 25 feet in each direction. The courtyard space must increase in both its horizontal dimensions as it rises from its lowest level and must be unobstructed, except for certain specified permitted obstructions. The proposed 18 dwelling units have their only exposure on the northerly and easterly elevations and do not meet dwelling unit exposure standards as set forth in Section 140. These units will obtain their exposure over adjoining properties through light and air easements. Therefore, an exposure variance is required. The project previously received a variance for 137 dwelling units and this variance is for the additional 18 units.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0941V.pdf.

(LAURA AJELLO)

9.  2014.0658V:  1945 EDDY STREET, Lot 025 in Assessor's Block 1129 in a RM-3 (Residential- Mixed, Medium Density) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is to legalize a non-conforming second story deck and stairs constructed without permits at the rear of the two-story, two-family dwelling. A 42-inch firewall/guardrail will be added to the deck and stairs along the west property line.

SECTION 134 OF THE PLANNING CODE requires a minimum rear yard depth of 34 feet 5 inches. The deck and stairs proposed to be legalized are completely within the required rear yard. The bottom of the stairs is approximately 13 feet from the rear property line.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0658V.pdf.

(LAURA AJELLO)

10.  2014.1093V:      235-237 LAUSSAT STREET, Lot 046 in Assessor's Block 0860 in a RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a firewall at the rear of a four-story, two-unit dwelling. The proposed firewall measures approximately 5 feet deep by 22 feet 4 inches high. It will be located at the West property line alongside the existing spiral staircase (approved in 2011 pursuant to Variance Case No. 2011.0860V).

PER SECTION 134 OF THE PLANNING CODE, a minimum rear yard depth of 15 feet is required.  The proposed firewall will extend to within approximately one foot of the rear property line; therefore, the proposal requires a variance from the rear yard requirement of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.1093V.pdf.

(MICHAEL SMITH)

11.  2013.1780V:       437 BURNETT AVENUE, Lot 064 in Assessor's Block 2745 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a two-story horizontal addition at the rear of the building that is located behind the buildings that front onto Burnett Avenue.  The addition will extend the depth of the rear building by 11 feet and add approximately seven feet of height to the rear of the building.  The addition will be finished in rain screen wood siding and a hipped green roof.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 41 feet measured from the rear property line.  The existing building already encroaches approximately 10 feet into the required rear yard and the proposed addition will encroach an additional 11 feet into the required rear yard, measuring approximately 20 feet from the rear property line.   Therefore the project requires a rear yard variance.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1780V.pdf.

(SHARON YOUNG)\

12.  2013.1739V:       104 RETIRO WAY, Lot 031A in Assessor's Block 0438A in a RH-3 (Residential- House, Three Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:  The proposal is to construct an approximately 400 square-foot vertical addition (with roof terrace above) to the existing three-story, single family dwelling. The proposed vertical addition will be set back approximately 26 feet 6 inches from the front property line (inclusive of a 10-foot legislative front setback) and approximately 8 feet from the rear property line. The proposal includes interior renovations, removal of existing exterior stairs located within the rear yard, and construction of new interior stairs located within the existing building envelope that are not the subject of this variance.

PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a 15-foot deep rear yard.  A portion of the proposed vertical addition will extend approximately 5 feet into the required rear yard; therefore, the project requires a variance from the rear yard requirement of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2013.1739V.pdf.

(SHARON YOUNG)

13.  2014.0738V:      245 PIXLEY STREET, Lot 013 in Assessor's Block 0515 in a RH-2 (Residential- House, Two Family) Zoning District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT:  The proposal is to construct a one-story vertical addition (approximately 26 feet 9 inches wide by 24 feet deep) above a two-story, single-family dwelling. The proposed vertical addition will be set back 6 feet 3 inches from the front building wall, and will be partially set back 3 feet from the east property line with a new lightwell.  The proposal will also include infilling an existing open area (approximately 13 feet 6 inches wide by 6 feet 6 inches deep) at the first story to align with the proposed rear building wall of the floor above, new front and rear roof decks, replacing the front and rear stairs, reconfiguring some of the existing rooms in the building, and facade modifications.  The stair and facade modifications are not subject to this variance.

PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of 15 feet.  The proposed ground floor infill addition will extend approximately 6 feet 6 inches, and the proposed vertical addition will extend 2 feet 6 inches into the required rear yard; therefore, the project requires a variance from the rear yard requirement of the Planning Code.

ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://sf-planning.org/ftp/files/notice/2014.0738V.pdf. 

C.      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

Hearing Procedures

The Zoning Administrator typically holds Variance Hearings on the 4^th Wednesday of each month at 9:30 a.m., at the San Francisco City Hall, Room 408.  City Hall is located at One Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. Hearings are open to the public.

At the hearing, the Project Sponsor (Variance Applicant) will be given 5 minutes to present their case, including relevant testimony and evidence. The hearing room is equipped with a projector that can display photographs, architectural plans or other drawings and images. Members of the public will be given 3 minutes each to speak on the item. If a member of the public speaks against an item, the Project Sponsor will be given a 3 minute rebuttal.

Persons attending a hearing may comment on any scheduled item. When speaking, please note that a timer is displayed for each speaker and indicates how much time remains. Speakers will hear a loud sound indicating that the speaker’s opportunity to address the Zoning Administrator has ended.

Please note that some items may appear on the Consent Calendar. These items are considered routine and may be granted by the Zoning Administrator. There is no separate discussion of consent items unless the Zoning Administrator, member of the public or staff so requests, in which event the matter is removed from the Consent Calendar and will be moved to the Regular Calendar in the Agenda.

In addition, the Zoning Administrator may consider a request for continuance to a later date.  He may choose to continue the item to the date proposed, to continue the item to another date, or to hear the item on this calendar.

After all of the testimonies are submitted, the Zoning Administrator will consider the evidence, deliberate, and either make a decision, take the matter under advisement, or continue the matter in order for additional information to be presented.

Each hearing ends with general public comment, at which time members of the public may address the Zoning Administrator for up to 3 minutes 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 during the meeting.

All Agenda of Variance Hearings and its Audio Recording (from June 2010 to present) are available on our website for access.

Sound-Producing Devices Prohibited

The ringing of and use of mobile phones and other sound-producing electronic devices are prohibited at this meeting. Please be advised that the Zoning Administrator may order the removal of any person(s) responsible for the ringing or use of a mobile phone, pager, or other similar sound-producing electronic devices (67A.1 Sunshine Ordinance: Prohibiting the use of cell phones, pagers and similar sound-producing electronic devices at and during public meetings).

Decision Letter and Appeal Process

No decision is final until a Variance Decision Letter is issued. Due to current backlogs, decision letters may take up to 2 months to complete from the date of the hearing. The Zoning Administrator's action to grant or deny a variance application may be appealed to the Board of Appeals within 10 days of the date of the Decision Letter. For more information on how to file an appeal, please contact the Board of Appeals in person at 1650 Mission Street, Suite 304, call (415) 575-6880, or visit the San Francisco Board of Appeals website.

Protest of Fee or Exaction

You may protest any fee or exaction subject to Government Code Section 66000 imposed as a condition of approval in accordance with Government Code Section 66020.  The protest must satisfy the requirements of Government Code Section 66020(a) and must be filed within 90 days of the date of the first approval or conditional approval of the development referencing the challenged fee or exaction.  For purposes of Government Code Section 66020, the date of imposition of the fee shall be the date of the earliest discretionary approval by the City of the subject development.  

The Zoning Administrator’s approval or conditional approval of the development subject to the challenged fee or exaction as expressed in its Motion, Resolution, or Discretionary Review Action or the Zoning Administrator’s Variance Decision Letter will serve as Notice that the 90-day protest period under Government Code Section 66020 has begun.

Challenges

Pursuant to Government Code Section 65009, if you challenge, in court, (1) the adoption or amendment of a general plan, (2) the adoption or amendment of a zoning ordinance, (3) the adoption or amendment of any regulation attached to a specific plan, (4) the adoption, amendment or modification of a development agreement, or (5) the approval of a variance, conditional-use authorization, or any permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Zoning Administrator or Planning Commission, at, or prior to, the public hearing.

CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code

If the Zoning Administrator’s or Commission’s action on a project constitutes the Approval Action for that project (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA determination prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16. This appeal is separate from and in addition to an appeal of an action on a project. Typically, an appeal must be filed within 30 calendar days of the Approval Action for a project that has received an exemption or negative declaration pursuant to CEQA. For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184. If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://www.sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.