Zoning Administrator - Variance Hearing - January 25, 2017 - Agenda

Meeting Date: 
January 25, 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, January 25, 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. 2016-013224VAR    (ANDREW PERRY)
    534 BROADWAY, Lot 010 in Assessor's Block 0145 in the Broadway Neighborhood Commercial District (NCD) and a 65-A-1 Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The project proposes to replace and expand an existing rear deck and stairs within the required rear yard.
    PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard of 34 feet, 4.5 inches at the second level and above. The existing stair structure to grade will be demolished and a new second floor deck spanning the width of the property with stairs to grade will be constructed within the required rear yard 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://notice.sfplanning.org/2016-013224VAR.pdf.

  2. 2016-010142VAR       (ELLA SAMONSKY)
    4801 3RD STREET, Lot 001 in Assessor's Block 5322 in a NC-3(Neighborhood Commercial, Moderate Scale) Zoning District and a 40 Height and Bulk District.
    STREET FRONTAGE VARIANCE SOUGHT:  The proposed project is to construct a single-story commercial building for a restaurant.
    PER SECTION 145.1 OF THE PLANNING CODE the subject property is required to be fenestrated with transparent windows and doorways for no less than 60 percent of the street frontage at the ground level. The subject property has street frontages on three sides; the restaurant frontages on Mendell and Third Streets are more than 40 percent non-transparent wall, thereby requiring 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/2016-010142VAR.pdf.

  3. 2016-012613VAR     (ELLA SAMONSKY)
    3700 - 20TH STREET, Lot 009 in Assessor's Block 3598 in a RM-2 (Residential-Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.
    EXPOSURE VARIANCE SOUGHT:  The proposed project is to add one Accessory Dwelling Unit at the basement level of an existing three-story, twenty-four-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 no rear yard and a side yard that is 9 feet-3 inches in width and 56 feet -6 inches in length; the proposed Accessory Dwelling Unit will face onto that side yard, which is less than the minimum 15 foot by 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/2016-012613VAR.pdf.

B. REGULAR CALENDAR

  1. 2016-001652VAR   (ANDREW PERRY)
    1033-1037 WASHINGTON STREET, Lot 038 in Assessor's Block 0212 in a RM-3 (Residential-Mixed, Medium Density) Zoning District and a 65-A Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The project proposes a one-story vertical addition within the required rear yard with roof deck above and the addition of one dwelling unit.
    PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard setback of 15 feet, 7.5 inches. The existing building is noncomplying with respect to the rear yard requirement. The project proposes to construct a new fourth floor to add a fourth dwelling unit to the property. Additionally, the Building Code requires that the existing stair at the rear of the building be enclosed and extended to the new fourth floor. As the new fourth floor and stair extension are located within the required rear yard setback, 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/2016-001652VAR.pdf.

  2. 2014.0964VAR       (JONATHAN DISALVO)
    1228 FOLSOM STREET/723-725 CLEMENTINA STREET, Lots 011, 037, 038 in Assessor's Block 3729 in the RED-MX (Residential Enclave-Mixed) and the Folsom Street NCT Zoning Districts and 45-X and 65-X Height and Bulk Districts.
    PERMITTED OBSTRUCTIONS VARIANCE SOUGHT:  The proposed project is to demolish three two-story industrial warehouse buildings and construct a four- and-six-story residential building (measuring approximately 29,272 gross square feet), 45-ft in height along Clementina Street and 65-ft along Folsom Street, with 24 dwelling units, 15 below-grade off-street parking spaces, 25 Class 1 bicycle parking spaces, and 3 Class 2 bicycle parking spaces. The project is also seeking a Large Project Authorization from the Planning Commission.
    PER SECTION 136 OF THE PLANNING CODE each bay window over a street is required to be horizontally separated from interior lot lines  by not less than one foot at the line establishing the required open area, with such separation increased in proportion to the distance from such line by means of a 135-degree angle drawn outward from such one-foot dimension, reaching a minimum of four feet along a line parallel to and at a distance of three feet from the line establishing the required open area. Additionally, the minimum horizontal separation between bay windows, is required to be no less than two feet at the line establishing the required open area, and shall be increased in proportion to the distance from such line by means of 135-degree angles drawn outward from the ends of such two-foot dimension, reaching a minimum of eight feet along a line parallel to and at a distance of three feet from the line establishing the required open area. The proposed bay windows do not meet the bay window separation requirements for permitted obstructions; 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/2014.0964VAR.pdf

  3. 2016-009207VAR     (LAURA AJELLO)
    670 – 5TH AVENUE, Lot 033 in Assessor's Block 1640 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 7 foot wide by 4.25 foot deep, two-story addition at the rear of a three-story, two-unit non-complying structure 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 50 feet, 8 inches. As the proposed addition would extend to within 46 feet, 5 inches from 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/2016-009207VAR.pdf.

  4. 2016-014950VAR    (NICHOLAS FOSTER)
    2125 HYDE STREET, Lot 031 in Assessor's Block 0095 in a RM-1 (Residential-Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.
    USEABLE OPEN SPACE AND EXPOSURE VARIANCES SOUGHT:  The Project proposes the conversion of one existing dwelling unit into four (4) dwelling units. The existing 3-bedroom dwelling unit is located on two floors, with an internal staircase connecting the two floors. The Project involves interior tenant improvements and does not otherwise propose any expansion of the existing building envelope.
    SECTION 135 OF THE PLANNING CODE requires useable open space for each dwelling unit in the following amounts: 80 square feet space if private, or approximately 107 square feet if common. Additionally, any such open spaces must meet the dimensional requirements of Subsections (f) and (g). The project proposes the addition of three (3) dwelling units, therefore the amount of common open space required would be approximately 1,171 square feet. The project provides 782 square feet of common open space that meets the dimensional requirements of the Code, approximately 389 square feet short of the requirement of the Code; therefore, the proposal requires a variance.  
    SECTION 140 OF THE PLANNING CODE requires each dwelling unit to face directly onto a qualifying street, a Code-complying rear yard or open area as defined by the Code. As the subject property fronts onto a Code-complying Street (Hyde Street), the existing dwelling unit meets the requirements of the Code Section related to dwelling unit exposure. However, the conversion of the existing dwelling unit into four (4) dwelling units would lead to two (2) units that meet dwelling unit exposure (the two (2) units fronting onto Hyde Street), and two (2) units that face onto an open area that does not meet the dimensional requirements of the Code; therefore, the proposal 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/2016-014950VAR.pdf.

  5. 2016-012535VAR      (SARA VELLVE)
    47 ATALAYA TERRACE, Lot 007 in Assessor's Block 1147 in a RH-2 (House, Two-Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal is to demolish an existing cantilevered sunroom at the rear of the third floor and reconstruct with an expanded structure that is the full width of the building and does not project further to the rear than the existing sunroom.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 21 feet measured from the rear property line.  The existing structure encroaches into the required rear yard and the proposed third-floor cantilevered rear addition would also encroach approximately 3 feet into the required rear yard and result in a rear yard of approximately 18 feet at the third floor; 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/2016-012535VAR.pdf.

  6. 2014.1012V  (SHARON YOUNG)
    2888 SACRAMENTO STREET, Lot 018 in Assessor's Block 1003 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 horizontal extensions and a garage expansion at the rear of the four-story, four-family residential building. On the basement level, the proposal will include excavating and constructing new garage and basement areas with 817 square feet of floor area. On the lower (1st) level, the proposal will include converting the existing garage area with 329 square feet of floor area into habitable space and a horizontal north side extension with approximately 383 square feet of floor area. On the main (2nd) level, the proposal will include north and south side horizontal extensions with approximately 238 square feet of floor area. 
    SECTION 134 OF THE PLANNING CODE requires the subject property to maintain a rear yard of 36 feet 7 inches. The existing building extends to the rear property line and the proposed horizontal extensions and garage expansion will also extend entirely 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/2014.1012V.pdf.

  7. 2016-008085VAR   (TODD KENNEDY)
    50 CRAGMONT AVENUE, Lot 001N in Assessor's Block 2130A in an RH-1 (Residential-House, One Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal is to replace and construct a rear second-story deck.  This new deck will have a reconfiguration and a slight enlargement.
    PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 29 feet.  The proposed deck will encroach to within 12 feet of the rear property line; 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/2016-008085VAR.pdf.

  8. 2016-008217VAR       (VERONICA FLORES)
    969 BURNETT AVENUE, Lot 044 in Assessor's Block 2847 in a RM-1 ([Residential-Mixed, Low Density]) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal is for a new Accessory Dwelling Unit (ADU) within the existing building envelope. Additionally, the proposal includes repairing and expanding existing rear decks and addition of a new rear deck for an ADU which is being sought under a separate building permit.
    PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard of 19 feet, 8 inches.  The existing building and rear decks encroach into the required rear yard to within 17 feet, 5 inches of the rear property line.  The proposal includes extending the rear decks by 2 feet to within 15 feet, 5 inches of the rear property line and the addition of a fourth deck at the lowest 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/2016-008217VAR.pdf.

  9. 2015-017999VAR     (WAYNE FARRENS)
    2090 VALLEJO STREET, Lot 016A in Assessor's Block 0555 in a RH-2 (Residential, House, Two-Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal includes excavation of a new basement level below the existing driveway (accessed from Buchanan Street) at the rear of the property. Parking will be relocated on the proposed basement level and the existing garage will be converted into habitable space.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 34.5 feet. The proposed rear addition would encroach approximately 13 feet into the required rear yard at the basement level resulting in a rear yard of approximately 21.5 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/2015-017999VAR.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.