Zoning Administrator - Variance Hearing - February 22, 2017 - Agenda

Meeting Date: 
February 22, 2017 - 9:30am
Location: 

Planning Department
City and County of San Francisco

Notice of Hearing
On Application for Zoning Variance

CITY HALL – Commission Chambers Room 408,
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

Public Hearing
Wednesday, February 22, 2017
beginning at 9:30 a.m.

Scott F. Sanchez, 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 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.

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

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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.

  1. 2016-011226VAR       (CATHLEEN CAMPLELL)
    1631 CHESTNUT STREET, Lot 001C in Assessor's Block 0495 in a RH-3 (Residential-House, Three-Family) Zoning District and a [40-X] Height and Bulk District.
    EXPOSURE VARIANCE SOUGHT: The proposed project is to add an Accessory Dwelling Unit at the ground floor level of an existing 4-story, 15-unit residential building undergoing seismic retrofitting.
    PER SECTION 140 OF THE PLANNING CODE the subject property is required to have windows of each unit face directly on an open area no less than 25 feet in every horizontal dimension, with an increase of five feet in every horizontal dimension at each subsequent floor immediately above. The dimensions of the open area may be reduced to 15 feet in width and depth for Accessory Dwelling Units. The subject property has a 13'-9 X 49' 9" rear yard; the proposed accessory dwelling units will face onto the rear yard, which is less than the minimum 15 foot open area required for reduced dwelling unit exposure, thereby requiring an exposure variance.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-011226VAR.pdf.

  2. 2016-013615VAR       (JEFFREY HORN)
    51 BEAVER STREET, Lot 046 in Assessor's Block 3561 in a RH-2 (Residential - House, Two Family - Detached) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT: Project proposes to convert an existing 1-story "painter's shed" to habitable space as an accessory to the main dwelling. The structure will not be a separate dwelling unit.
    PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard setback of approximately 47 feet, 8 inches. The existing building extends 17 feet, 11 inches into the rear yard from the rear property line and the conversion from a work shop to residential is considered to be an intensification of the non-complying structure; 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://notice.sfplanning.org/2016-013615VAR.pdf.

B. REGULAR CALENDAR

  1. 2015-007232VAR       (ANDREW PERRY)
    3851 MARKET STREET, Lot 009 in Assessor's Block 2777 in a RH-2 (Residential House - Two-Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT: The proposal seeks to legalize a 2-story deck structure at the rear of the building, with minor modifications including pulling the deck off the southern side property line by approximately 3.5 feet to align with the edge of the building.
    PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard of between 19.5' and 24' (given the irregular rear property line). The two-story deck proposed for legalization encroaches approximately 5' into the required 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://notice.sfplanning.org/2015-007232VAR.pdf.

  2. 2015-003259VAR       (ANDREW PERRY)
    1649 WASHINGTON STREET, Lot 024 in Assessor's Block 0620 in a RM-2 (Residential-Mixed, Moderate Density) Zoning District and a 65-A Height and Bulk District.
    REAR YARD VARIANCE SOUGHT: The proposal seeks to legalize a 3-story deck structure that was built without permit.
    PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard of approximately 49 feet. A 1-story popout structure with deck above was constructed with permit, and then subsequently an additional 3-story deck (two additional floor levels of decking) was constructed without permit above the pop-out, and does not conform to the listed permitted obstructions in Section 136. This project seeks to legalize this deck structure; 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://notice.sfplanning.org/2015-003259VAR.pdf

  3. 2015-015278VAR       (ANDREW PERRY)
    1244 LARKIN STREET, Lot 010 in Assessor's Block 0278 in the Polk Street Neighborhood Commercial District (NCD) and an 80-A Height and Bulk District.
    REAR YARD MODIFICATION VARIANCE SOUGHT: The proposal is to construct a 2-story vertical addition, which will contain 3 residential dwelling units, to the existing 2-story building which does not contain residential uses and has 100% lot coverage. The vertical addition is set back from the front of the building, but extends to the rear property line.
    PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard of 20'-7.5" at the lowest level containing a residential dwelling unit. The project includes new residential uses and a comparable amount of usable open space is provided elsewhere on the lot, will not significantly impede access of light and air or views from adjacent properties, and will not adversely affect interior block open space formed by adjacent properties; therefore, the project is eligible for a rear yard modification.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2015-015278VAR.pdf.

  4. 2016-014950VAR       (DANIEL SIROIS)
    309 RUTLEDGE STREET, Lot 029 in Assessor's Block 5541 in a RH-1 (Residential House, One-Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT: The proposal is to demolish the last 26-feet of the subject dwelling, construct a new two-story rear addition, and restore the historic structure at the front of the lot. The subject project was initially proposed and approved in 2007 (Case No. 2005.0725V); however, the project was not completed.
    PLANNING CODE SECTION 242(e)(2)(A) requires a rear yard of 29 feet, 6 inches on this property. The existing rear yard is 13 feet, 4 inches. The project proposes a rear yard of 6 feet 4 inches and therefore requires a rear yard variance.
    PLANNING CODE SECTION 242(e)(3) requires that 650 square feet of usable floor area be deleted from the permissible envelope of the building to satisfy mass reduction requirements. The proposed building projects beyond the permissible envelope at the rear and; therefore, requires a mass reduction variance.
    PLANNING CODE SECTION 242(e)(4)(A)(iii) permits the Zoning Administrator to waive parking requirements if the building’s historic façade is maintained. A waiver for two spaces is proposed for the existing historic structure.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2015-006105VAR.pdf.

  5. 2016-013865VAR       (DAVID WEISSGLASS)
    2137-2139 GROVE STREET, Lot 033 in Assessor's Block 1193 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 a partial demolition and reconstruction of a three-story rear extension including living spaces and decks. The project also includes interior alterations of both units, the addition of a new bedroom on the ground floor, and the addition of a new firewall between the subject property’s rear deck and the rear deck of the neighbor to the east.
    PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard of 61 feet 10 inches. The existing building is noncomplying, as a portion of the existing building encroaches approximately 13 feet 5 inches into the required rear yard. The proposed project furthers the noncompliance by laterally expanding this portion on the first, second, and third story (the project will not encroach further into the rear yard than the existing building). 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://notice.sfplanning.org/2016-013865VAR.pdf.

  6. 2016-012851VAR       (LAURA AJELLO)
    315 - 16TH AVENUE, Lot 002 in Assessor's Block 1448 in an RH-2 (Residential, House, Two-Family Zoning Description) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT: The proposal is to remove a non-complying deck and stairs and construct a two-story addition at the rear of a three-story, single-family house that already extends into the required rear yard. The proposed addition would not extend further into the required rear yard than the existing building.
    SECTION 134 OF THE PLANNING CODE requires the subject property to provide a rear yard of 26 feet, 6 inches. As the proposed addition would extend to within 23 feet, 6 inches of the rear property line, a variance from the rear yard requirement is required.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-012851VAR.pdf.

  7. 2016-010657VAR       (LINDA AJELLO-HOAGLAND)
    2963 - 21ST STREET, Lot 3613 in Assessor's Block 033A in a RH-3 Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT: The proposal is to construct a new rear yard deck and stairway to an existing 2-story (1-story over basement) single-family dwelling.
    PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of approximately 42 feet, 9 inches. Currently, the existing building encroaches into the required rear yard. Because the proposed rear deck and stairway would encroach an additional 9 feet into the required rear yard (to within 23 feet of the rear property line), a variance is required from Planning Code Section 134.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-010657VAR.pdf.

  8. 2016-012551VAR       (NATALIA KWIATKOWSKA)
    1565 EUCALYPTUS DRIVE, Lot 034 in Assessor's Block 7270 in a RH-1(D) (Residential - House, One Family - Detached) Zoning District and a 40-X Height and Bulk District.
    STREET FRONTAGE VARIANCE SOUGHT: The proposal is to add a second garage opening at the front façade of the existing single-family residence.
    PER PLANNING CODE SECTION 144, entrances to off-street parking are limited to one-third of the width of the ground story along the front building wall, which is 8 feet 5 inches in width for the subject property. The existing garage entry is 8 feet 5 inches wide. The project proposes to add a second garage entry 8 feet 5 inches in width, for a total of 17 feet devoted to entrances to off-street parking; 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://notice.sfplanning.org/2016-012551VAR.pdf.

  9. 2016-010229VAR       (SEEMA ADINA)
    175 TWIN PEAKS BLVD, Lot 032 in Assessor's Block 2705 in a RH-1 (Residential-House, One Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT: The proposal is to construct a second floor deck at the rear of the existing 3-story, single-family dwelling. The deck will extend approximately 7 feet towards the rear property line along a portion of the southwestern façade.
    PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard of approximately 15 feet. The proposed deck would encroach approximately 7 feet into the required rear yard at the second floor, resulting in a rear yard of 8 feet; 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://notice.sfplanning.org/2016-010229VAR.pdf.

  10. 2016-010343VAR       (SYLVIA JIMENEZ)
    2523 STEINER STREET, Lot 001A in Assessor's Block 0586 in a RH-1 (Residential-House, One Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT: The proposal is to construct a rear horizontal addition on the third and fourth floors and a front horizontal addition on the fourth floor of the existing four-story, single-family residence.
    PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 15 feet. Currently, the existing building encroaches entirely into the required rear yard to the rear property line at the ground and second floors. The proposed rear horizontal addition at the third and fourth floors would encroach approximately 9 feet 6 inches into the required rear yard at the third level and 6 feet 6 inches at the fourth level; therefore, the project requires a variance.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2016-010343VAR.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 4th 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.