Zoning Administrator - Variance Hearing - March 23, 2016 - Agenda

Meeting Date: 
March 23, 2016 - 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, March 23, 2016
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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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.

A. CONSENT CALENDAR

There are no items in the Consent Calendar.

B. REGULAR ITEMS

  1. 2015-006866VAR        (ALEXANDRA KIRBY)
    1-3 CARL STREET, Lot 1271 in Assessor's Block 001 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 cantilevered second story balcony (which projects 5') at the rear of the three-story over garage two-unit building and to infill the existing trellis structure at the roof with a 6’ tall  glass windscreen.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 28'-6". The proposed project results in a rear yard of approximately 17'. When the required rear yard is reduced through averaging, the permitted maximum height within the required rear yard is 30' from grade for the last 10' of the building depth. The proposed height of the glass windscreen is approximately 34'-2".  Therefore requires a variance from the rear yard requirements 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/2015-006866VAR.pdf.

  2. 2015-012126VAR         (CHRISTY ALEXANDER)
    444 - 30TH STREET, Lot 015 in Assessor's Block 6639 in a RH-2(Residential House Two Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The project proposes a new deck at the rear of an existing single family home at the 2nd floor.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to provide a minimum rear yard of 51.3 feet. The proposed new deck to be constructed would encroach 17 feet into the minimum 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/2015-012126VAR.pdf.

  3. 2015-010646VAR         (CHRISTY ALEXANDER)
    3079 CALIFORNIA STREET, Lot 061-063 in Assessor's Block 1030 in a RH-1 (Residential House Two Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  Horizontal addition to the rear of an existing 3 unit building. Applicant must receive variance for proposed demo of existing non-complying deck and new deck construction for 1st and 2nd floors in rear yard.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to provide a minimum rear yard of 25 feet. The existing non-complying deck to be demolished encroaches 10 feet into the minimum required rear yard and the proposed new decks to be constructed would encroach 7 feet into the minimum 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/2015-010646VAR.pdf.

  4. 2015-012455VAR         (COLIN CLARKE)
    434-436 WALLER STREET, Lot 011A 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 includes the construction of new rear egress stairs with associated landings at each unit to replace the non-complying structurally deficient two-story stair that was fire-damaged in July 2011. It also includes the legalization of a change in roof line from a butterfly and shed roof to a flat roof (addition of building volume), on the existing non-complying portion of the existing two-story-over-basement two-family dwelling.
    PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of approximately 24.6 feet based upon the average depths of the adjacent buildings.  The existing building is noncomplying and encroaches into the required rear yard by approximately 14 feet.  The project proposes landings and stairs projecting approximately 6.5 feet from the rear building wall to within approximately 4-feet of the rear property line. The roofline alterations that expand the building volume occur within the last 8 feet of the building (approximately), intensifying the existing noncomplying structure. The proposed landings, stairs and roofline alteration are located within the required rear yard and require 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/2015-012455VAR.pdf.

  5. 2014.0161V         (DOUG VU)
    2201 MARKET STREET, Lot 001 in Assessor's Block 3559 in a UPR MARKET NCT (Upper Market Neighborhood Commercial Transit District) Zoning District and a 60/65-X Height and Bulk District.
    REAR YARD AND PERMITTED OBSTRUCTIONS VARIANCES SOUGHT:  The proposal includes demolition of the existing structure and the new construction of a six-story, 65-foot tall mixed-use building with 3,200 sq. ft. of ground floor commercial retail space, fourteen dwelling units at the second through sixth floors, and a basement level garage with four parking spaces. The proposed building covers the entire lot and is designed with bays that extend beyond the property line, necessitating a rear yard modification and variance from the requirements for obstructions over streets and alleys.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard equal to 25 percent of the lot depth, but in no case less than 15 feet at grade level and each succeeding level or story of the building. The proposed building covers the entire lot and does not provide a rear yard; therefore, a rear yard modification is required.
    PER SECTION 136 OF THE PLANNING CODE projections from a building or structure extending over a street or alley that increase either the floor area of the building or the volume of space enclosed by the building above grade are limited to three feet beyond the street and a maximum length of each bay window or balcony shall be 15 feet at the line establishing the required open area, and shall be reduced in proportion to the distance from such line by means of 45 degree angles drawn inward from the ends of such 15-foot dimension, reaching a maximum of nine feet along a line parallel to and at a distance of three feet from the line establishing the required open area, but in no case less than 15 feet at grade level and each succeeding level or story of the building. The proposed projections extend beyond the permitted dimensions; 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/2014.0161V.pdf.

  6. 2015-012021VAR         (ELIZABETH GORDON-JONCKHEER)
    4612 - 19TH STREET, Lot 23 in Assessor's Block 2700 in a RH-2 (Residential-House, Two-Family Dwelling) Zoning District and 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal is to demolish an existing rear garage and rebuild a new enlarged garage structure in a similar location within the required rear yard.   
    PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 41 feet 4 inches.  The proposed rebuilt garage structure would sit wholly within the rear yard of the down-sloping lot, 1 foot 9 inches from the rear property line at Thorp Lane and 4 feet 10 inches from the east side property line abutting the Clover Lane steps. Stairs adjacent to the garage would extend all the way to the east side property line. Therefore, the project requires a variance from the rear yard requirement of 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/2015-012021VAR.pdf.

  7. 2015-014154VAR         (NATALIA KWIATKOWSKA  )
    579 ELIZABETH STREET, Lot 028 in Assessor's Block 3656 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 replace and enlarge the existing three-story stair and deck at the rear of the single-family residence.
    PER PLANNING CODE SECTION 134, the subject property requires a rear yard of 51 feet, 4 inches.  The existing building and stair currently encroaches 13 feet into the required rear yard setback. The proposed building and stair will encroach 18 feet and 6 inches into the required rear yard setback.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2015-014154VAR.pdf.

  8. 2015-009485VAR         (RICHARD SUCRE)
    630 NATOMA STREET, lot 049 in assessor's block 3727 in a red zoning district(residential enclave) zoning district, a 40-x height and bulk district and western soma special use district.
    REAR YARD AND USEABLE OPEN SPACE VARIANCES SOUGHT:  The proposal includes demolition of the existing one-story industrial building (measuring 2,620 square feet) and the new construction of a four-story residential building with three dwelling units (7,700 square feet) and two off-street parking spaces.
    PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 18-feet, 9-inches.  The project would maintain a rear yard of 9-feet 6-inches.  Therefore, the project requires a variance.
    PER SECTION 135 OF THE PLANNING CODE, the subject project is required to provide 80 square feet of usable open space for each dwelling unit.  Per section 823, roof decks shall not qualify as required private or common useable open space pursuant to planning code section 135. Additionally, section 135 establishes minimum requirements for usable open space.  The private usable open space at the rear of the building does not meet minimum requirements and the private usable open space on the roof deck does not count towards the required amount of open space. 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/2015-009485VAR.pdf.

  9. 2014-002072VAR         (SHARON YOUNG)
    1948 PACIFIC AVENUE, Lot 004 in Assessor's Block 0577 in a RH-2 Zoning (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 with deck above (approximately 26 feet wide by 16 feet deep by 24 feet high) at the rear of the basement and first floor levels of the three-story, single-family dwelling. The proposal will include constructing exterior stairs (with a fire-rated guardrail wall) which will abut the east side property line. 
    SECTION 134 OF THE PLANNING CODE requires the subject property to maintain a rear yard of approximately 60 feet 6 inches.  The proposed rear addition would extend entirely within the required rear yard; therefore, the project requires a variance from the rear yard requirement (Section 134) 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/2014-002072VAR.pdf.

  10. 2015-002643VAR         (SHARON YOUNG)
    3880 JACKSON STREET, Lot 010 in Assessor's Block 0967 in a RH-1 (Residential, House, One-Family) Zoning District, Presidio Heights Historic District, and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal is to allow (1) the reconstruction of the rear noncomplying portion of the existing three-story, single-family dwelling; (2) infill an existing lightwell which is located within the required rear yard; and (3) construct an approximately 831 square foot roof deck, with a portion of the roof deck (approximately 12 feet) that would extend into the required rear yard.
    The proposal is also in relation to Building Permit Application Nos. 2015.08.31.5735, 2015.07.31.2983, and 2015.06.18.9278 involving exterior and interior modifications for construction and repair work exceeding the scope of the permits.
    SECTION 134 OF THE PLANNING CODE requires a rear yard of approximately 16 feet on the irregularly shaped lot. The proposed reconstruction of the rear noncomplying portion of the building (including the proposed lightwell infill and a portion of the proposed roof deck) would be located within the required rear yard; therefore, the project requires a variance from the rear yard requirement (Section 134) 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/2015-002643VAR.pdf.

  11. 2015-003106VAR         (TODD KENNEDY)
    1120-1122 CHURCH STREET, Lot 004 in Assessor's Block 3651 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 to legalize an existing stairway and deck within the required rear yard.
    PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 29 feet between the two buildings on the subject lot.  The stairway and deck would be separated from the rear building by 20 feet; therefore, the project requires a variance for a total deviation of 9 feet from the rear yard requirement. 
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2015-003106VAR.pdf.

  12. 2015-002953VAR         (TODD KENNEDY)
    409 - 29TH STREET, Lot 043 in Assessor's Block 6631 in an RH-2 (Residential-House, Two- Family Dwelling) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal is to construct a bedroom and bath addition that will include a new deck and stairway that will encroach into the required rear yard. 
    PER SECTION 134 OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 41 feet.  The stairway and deck would have a 20 foot distance from the rear lot line; therefore, the project requires a variance for a total deviation of 21 feet 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/2015-002953VAR.pdf.

  13. 2015-010777VAR         (WAYNE FARRENS)
    60 - 27TH AVENUE, Lot 016 in Assessor's Block 1305 in a RH-1(D) (Residential, House, One-Family Detached) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal is to construct a detached garage with roof deck at the rear of the existing structure.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to maintain a rear yard of approximately 27 feet. As proposed, the project provides a rear yard of zero feet. Therefore, the project requires a variance from the Rear Yard requirements 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/2015-010777VAR.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.