Zoning Administrator - Variance Hearing - September 27, 2017 - Agenda

Meeting Date: 
September 27, 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, September 27, 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. 2017-006795VAR      (CATHLEEN CAMPBELL)
    302 WARREN DRIVE, Lot 027 in Assessor's Block 2686 in a RH-1(D) Residential- House, One Family- Detached Zoning District and a 40-X Height and Bulk District.
    FRONT SETBACK VARIANCE SOUGHT: :  The proposal is to remove a curved structural sunroof at the second floor and infill this void to square off the existing building. The proposal would also expand the third floor deck above the proposed structure. The proposal would not expand the footprint of the existing building.
    SECTION 132 OF THE PLANNING CODE requires a front setback of 3 feet 6 7/8 inches. The existing building encroaches into the required front setback to the front property line. The proposed infill encroaches into the required front setback by 3 feet 6 7/8 inches. 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/2017-006795VAR.pdf.

  2. 2017-008141VAR      (ELLA SAMONSKY)
    230 EDDY STREET,Lot 004 in Assessor's Block 0332 in a RC-4 (Residential-Commercial, High Density) Zoning District and a 80-T Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:    The project proposes to construct a 14-inch thick concrete sheer wall addition to the rear wall of an existing twelve-story, one-hundred and seventy-nine-unit residential building. The proposed shear wall is to being proposed as a structural upgrade to the existing building.
    PER SECTION 134 OF THE PLANNING CODE the subject property is required to have a rear yard of 34 feet - 4 inches. The subject property has a rear yard that is 10 feet-11 inches in depth; the proposed sheer wall will be located within the required rear yard, thereby requiring 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/2017-008141VAR.pdf.

  3. 2015-012217VAR       (GARBIELA PANTOJA)
    3130 WEBSTER STREET, Lot 013 in Assessor's Block 0508 in a NC-3 (Neighborhood Commercial, Moderate Scale) Zoning District and a 40-X Height and Bulk District..
    EXPOSURE VARIANCE SOUGHT:  The project proposes the addition of an Accessory Dwelling Unit at the first floor of an existing four-story, thirty-unit apartment building.
    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 direction, with an increase of 5 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 non-complying rear yard and courtyard. The proposed Accessory Dwelling Unit will face onto a 11-foot by 45-foot open area, which is less than the minimum 15 by 15 foot open area required for reduced dwelling unit exposure. 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/2015-012217VAR.pdf.

  4. 2017-000276VAR      (MICHAEL CHRISTENSEN)
    458 ANDERSON STREET, Lot 011 in Assessor's Block 5706 in a RH-1 (Residential-House, One Family) Zoning District and a 40-X Height and Bulk District.
    MASS REDUCTION VARIANCE SOUGHT:  The proposal includes conversion of existing ground floor storage and garage space to habitable space and construction of dormers at the third level to raise the ceiling height to create additional habitable space.
    PER SECTION 242 OF THE PLANNING CODE, after calculation of the maximum permissible height and lot coverage in an RH-1 or RH-1(S) District, a total of 650 square feet of usable floor area must be deleted from the exterior of the building, causing a reduction in square footage as well as building volume. The existing building does not comply with this requirement and thus any expansion of habitable floor area and building volume requires a mass reduction 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/2017-000276VAR.pdf.

  5. 2016-013458VAR      (SEEMA ADINA)
    497 - 29TH STREET, Lot 049 in Assessor's Block 6631 in a RH-2 (Residential-House, Two-Family) 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 ground floor level of an existing 2-story, 4-unit mixed-use building.
    PER SECTION 140 OF THE PLANNING CODE the subject property is required to have windows of each unit face directly on an open area which is unobstructed and is no less than 25 feet in every horizontal direction, 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 faces an open area that is 16' x 29' but is obstructed by a 7' x 17' deck and stairs above, 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/2016-013458VAR.pdf.

B. REGULAR CALENDAR

  1. 2016-006469VAR   (SHARON YOUNG)
    2828 OCTAVIA STREET, Lot 093 in Assessor's Block 0529 an 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 140 square foot horizontal addition on the third floor at the rear of the three-story, single-family dwelling which will extend into the required rear yard. The proposal will include converting the existing rear balcony into additional habitable living space and constructing a new gabled roof at the rear of the building.
    SECTION 134 OF THE PLANNING CODE requires the subject property to maintain a rear yard of 15 feet, with the last 10 feet of building envelope limited to 30 feet in height. The existing building is legal noncomplying, as it encroaches into the required rear yard at varying depths. As proposed, the horizontal addition on the third floor (with approximately 7.5 feet of building envelope exceeding 30 feet in height) will extend approximately 5 feet into the required rear yard, and result in a rear yard of approximately 10 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/2016-006469VAR.pdf.

  2. 2016-016621VAR   (BRITTANY BENDIX)
    3437-3439 FILLMORE STREET, Lot 020B in Assessor's Block 0467A in a RM-2 (Residential, Mixed, Moderate Density) Zoning District and a 40-X Height and Bulk District.
    EXPOSURE VARIANCE SOUGHT:  The proposal includes interior renovations that would reconfigure the layout of the two existing dwelling units such that the smaller unit would only have exposure onto the property's rear yard.
    PER SECTION 140 OF THE PLANNING CODE, every dwelling unit in any use district must have exposure onto an open area that is a public street, side yard or rear yard meeting the requirements of the Planning Code. The subject property requires a rear yard of 25 feet. However, the property is legally non-complying and has a rear yard of 13 feet 7 inches. The project will reconfigure a unit that has exposure onto Fillmore Street so that it only has exposure onto the non-complying rear yard, and therefore, a variance from the exposure 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/2016-016621VAR.pdf.

  3. 2017-001299VAR      (CHRISTOPHER TOWNES)
    428 HILL STREET, Lot 057 in Assessor's Block 3621 in a RH-1 (Residential-House, One Family) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:   The project proposes a renovation and 770 square foot addition to an existing four-story, single-family residence on an upsloping lot including a horizontal rear addition at the second through fourth floors, a 1'-6" vertical increase in height at the rear fourth floor, and a new 411 square foot rear deck/patio.
    PER SECTION 241 (DOLORES HEIGHTS SUD) OF THE PLANNING CODE, the subject property is required to maintain a rear yard of 45% of the lot depth (or 51.3 feet). The proposed addition would encroach 5'-5" into the required rear yard (in line with the existing rear building wall); 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/2017-001299VAR.pdf.

  4. 2017-000082VAR       (CLAUDINE ASBAGH)
    433-435 FILBERT STREET, Lot 055 in Assessor's Block 0104 in an RH-3 (Residential - House, Three Family) Zoning District and a 40-X Height and Bulk District.
    REASONABLE ACCOMMODATION REQUEST FOR REAR YARD AND EXPOSURE VARIANCES SOUGHT:  The subject property contains an existing legal non-complying two-story over garage structure that extends to the rear property line and contains two dwelling unit. The project includes a vertical one-story addition, expansion at rear and reconfiguration of existing dwelling units.
    PLANNING CODE SECTION 134 requires a rear yard of 15 feet for the subject property. The existing building extends to the rear property line and the proposed addition would expand the existing non-complying condition laterally within the required rear yard.
    PLANNING CODE SECTION 140 requires each dwelling unit to face onto an open area meeting the requirements of the Planning Code, such as Code-complying rear yard or street or alley at least 20 feet wide. Both existing dwelling units face onto the street; however, the proposed reconfiguration will result in one dwelling unit that only faces to the rear of the building.
    The subject project does not comply with the rear yard or exposure requirements of the Planning Code and the project sponsor is seeking a reasonable accommodation request pursuant to Planning Code Section 305.1 to allow the subject project.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2017-000082VAR.pdf.

  5. 2015-015955VAR       (ELIZABETH GORDON-JONCKHEER)
    698 JOOST AVENUE, Lot 026 in Assessor's Block 3087 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 an 18 foot by 22 foot subterranean garage within the rear yard of the subject property. The roof of the new garage would be landscaped. The proposed project has been filed to abate Planning Department Enforcement Case No. 2015-014331ENF and Department of Building Inspection (DBI) Complaint No. 201574872 for a portion of the construction previously completed without authorization.
    PER PLANNING CODE SECTION 134, the subject property is required to maintain a rear yard of 15 feet opposite the Gennessee Street frontage. The garage would encroach entirely into the required rear yard. 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/2015-015955VAR.pdf.

  6. 2017-006068VAR      (MICHAEL CHRISTENSEN)
    90 LAPIDGE STREET, Lot 046 in Assessor's Block 3588 in a RTOM-M (Residential Transit Oriented-Mission) Zoning District and a 55-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The proposal includes construction of a stair enclosure from the existing second floor of occupancy to the ground floor, conversion of space within the existing ground floor from garage and storage space to habitable space and addition of roof deck within the required rear yard above the existing garage. The proposed roof deck will be setback 5 feet from Lapidge Street and 5 feet from the adjacent property to the north.
    PER SECTION 134 OF THE PLANNING CODE, the property is required to maintain a rear yard equal to 45% of the total depth of the lot. The proposed stair enclosure and roof deck are within the required rear yard and thus 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/2017-006068VAR.pdf.

  7. 2017-003555VAR      (NANCY TRAN)
    67-69 BELCHER STREET, Lot 074 in Assessor's Block 3537 in a RTO (Residential Transit Oriented) Zoning District and a 40-X Height and Bulk District.
    REAR YARD VARIANCE SOUGHT:  The subject property contains a single-family dwelling in a non-complying building that covers the entire lot. The proposal is to expand the single-family dwelling and modify the existing building within the required rear yard.
    SECTION 134 OF THE PLANNING CODE requires a rear yard of 56 feet - 3 inches for the subject property. The project proposes to raise the height of a portion of the existing building which encroaches into the required rear yard by approximately 9 feet (to within 47 feet - 6 inches of the rear property line). The rear portion of the existing building will be reduced by the removal of the roof and modification of side property line walls.
    ARCHITECTURAL PLANS: The site plan and elevations of the proposed project are available on the Planning Department’s website at: http://notice.sfplanning.org/2017-003555VAR.pdf.

  8. 2016-014090VAR      (STEPHANIE SKANGOS)
    1148 MONTGOMERY STREET, Lot 025 in Assessor's Block 0134 in a RH-3 (Residential - House, Three Family) Zoning District and a 40-X Height and Bulk District.
    EXPOSURE VARIANCE SOUGHT:  The project proposes to add one Accessory Dwelling Unit at the ground floor level of an existing three-story, two-unit residential building at the front of the property.
    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 two residential buildings, one in the front and one in the rear, that are approximately 7'-4" apart at the widest. The proposed Accessory Dwelling Unit will face onto that area, 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/2016-014090VAR.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.