Zoning Variance Hearing

Remote Public Comment (see Instructions under Related Resources)

Notice is hereby given to the general public that applications involving the properties and/or issues described below have been filed with the Planning Department for review as set forth in the City Planning Code. The Zoning Administrator will hold a PUBLIC HEARING on these items and on other matters on Wednesday, October 25, 2023, beginning at 9:30 a.m. in City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408.

2023-004749VAR (MARY WOODS) 1740 LYON STREET, Lot 024 in Assessor's Block 1030, in an RH-2 Zoning District, and a 40-X Height and Bulk District: REAR YARD: The project proposes to 1) add a 2-story rear addition with 5-foot setbacks on each side, and 2) construct a 2nd story staircase leading to the ground floor. PLANNING CODE SECTION 134 requires the property to maintain a rear yard that is 45% of the lot depth or average of adjacent buildings, but in no case less than 25% or 15 feet, whichever is greater. The existing noncomplying building has a required rear yard of 38 feet. The proposed rear addition and 2nd story staircase will project into the rear yard beyond what is permitted per Section 136(c)(25). Therefore, a variance is required.

2023-002433VAR (MATTHEW DITO) 240 CASTRO STREET, Lot 004 in Assessor's Block 2613, in an RH-3 Zoning District, Central Neighborhoods Large Residence SUD, and a 40-X Height and Bulk District: MINIMUM LOT AREA, LOT FRONTAGE, REAR YARD, AND OPEN SPACE: The proposal is to split the existing lot into two lots, each containing a 2-unit building. PLANNING CODE SECTION 121(e) requires that every newly created lot in a RH-3 Zoning District having its street frontage entirely within 125 feet of the intersection of two streets that intersect at an angle of not more than 135 degrees shall be 1,750 square feet. The proposed western lot is within 125 feet of a qualifying intersection, and has an area of 1,620 square feet, less than the required 1,750 square feet. Therefore, a variance is required. PLANNING CODE SECTION 121(a) requires that every newly created lot have a minimum street frontage of 16 feet. The proposed Lot B will have no street frontage. Therefore, a variance is required. PLANNING CODE SECTION 134 requires that the subject property maintain a rear yard equivalent to 45 percent of the total lot depth, but in no case less than 15 feet, whichever is greater. Both proposed lots would have rear yards of less than 15 feet. Therefore, a variance is required for both lots. PLANNING CODE SECTION 135 requires that every dwelling unit in a RH-3 Zoning District provide at least 100 square feet of private usable open space for each dwelling unit, or 133 square feet of common usable open space per dwelling unit. The proposed western lot provides 148 square feet of common usable space for two dwelling units. The proposed eastern lot provides no usable open space. Therefore, a variance is required for both lots.

2023-003621VAR (KIMBERLY DURANDET) 24 ROMAIN STREET, Lot 008 in Assessor's Block 2748, in an RH-2 Zoning District, Central Neighborhoods Large Residence Special Use District, and a 40-X Height and Bulk District: REAR YARD: The project proposes to remove the existing stairs from the east property line and relocate the stairs to the west side of the property approximately 3 feet 6 inches from the west property line. PLANNING CODE SECTION 134 requires the subject property to maintain a rear yard depth of 45 feet the proposed landing and stairs will project 13 feet 10 inches into the required rear yard. Therefore, a variance is required.

2021-000979VAR (ROGELIO BAEZA) 105 JARBOE AVENUE, Lot 006 in Assessor's Block 5680, in an RH-1 Zoning District, Bernal Heights SUD, and a 40-X Height and Bulk District: REAR YARD AND MASS REDUCTION: The project proposes to remodel the interior of the existing single-family building, construct a 2nd floor addition at the rear, and construct a new 2nd floor deck at the rear. PLANNING CODE SECTION 242(e)(2) requires the subject property to maintain a rear yard of approximately 23 feet 5 inches. A portion of the proposed roof deck, which will raise the height of the building, is located within the required rear yard. Therefore, a variance is required. PLANNING CODE SECTION 242(e)(3) requires the subject property to provide 650 square feet of mass reduction, but only 438 square feet is provided. Therefore, a variance is required.

2023-004909VAR (EDGAR OROPEZA) 1336 SHOTWELL STREET, Lot 074 in Assessor's Block 5501, in an RH-2 Zoning District, the Bernal Heights SUD, and a 40-X Height and Bulk District: REAR YARD - CONDITIONS OF APPROVAL: The proposal is to construct a vertical and horizontal extension to the front and rear of the existing 2-story, single-family building. PLANNING CODE SECTION 242 requires the subject property to maintain a rear yard of approximately 22 feet measured from the rear property line. The proposed rear addition will encroach approximately 7 feet into the required rear yard. Therefore, the project requires a variance. PLANNING CODE SECTION 174 requires projects to meet conditions of approval. A prior variance was granted for the subject lot that, as a condition of approval, required future additions to obtain a variance. Therefore, the project requires a variance.

2023-000004VAR (EDGAR OROPEZA) 3585 MISSION STREET, Lot 025 in Assessor's Block 5712, in an RH-2 Zoning District, the Bernal Heights SUD, and a 40-X Height and Bulk District: REAR YARD: The proposal is to legalize an existing 2nd story deck and stairs at the rear of the existing 2-story single-family building. PLANNING CODE SECTION 242 requires the subject property to maintain a rear yard of approximately 36 feet inches measured from the rear property line. The proposed deck structure will encroach approximately 7 feet into the required rear yard. Therefore, the project requires a variance.

2023-004966VAR (CHARLES ENCHILL) 3065-3071 23RD STREET, Lots 037 and 038 in Assessor's Block 3640, in UMU Zoning District, Mission Alcoholic SUD, Fringe Financial Service Restricted SUD, and Calle 24 SUD, and a 48-X Height and Bulk District: REAR YARD AND EXPOSURE: The proposal is to merge two lots and construct a vertical addition to the existing two-story portion and a horizontal addition at the existing three-story portion, and to convert a portion of existing ground floor PDR space to a dwelling unit at the rear, resulting in a total of 9 dwelling units. PLANNING CODE SECTION 134 requires that the subject property maintain a rear yard equivalent to 25 percent of the total lot depth, but in no case less than 15 feet, whichever is greater. The existing building extends the entire depth of the lot and its rear volume will be converted into a dwelling unit. Therefore, a variance is required. PLANNING CODE SECTION 140 requires an open area no less than 25 feet in every horizontal dimension for the floor at which the dwelling unit in question is located and the floor immediately above it, with an increase of five feet in every horizontal dimension at each subsequent floor. Adequate open area dimensions are not provided for the new ground floor dwelling unit. Therefore, a variance is required.

2023-006093VAR (ROGELIO BAEZA) 261 TEXAS STREET, Lot 025 in Assessor's Block 4001, in an RH-2 Zoning District, and a 40-X Height and Bulk District: REAR YARD: This project proposes to expand the 3rd floor rear deck and construct a spiral stair to connect down to the existing 2nd floor deck. PLANNING CODE SECTION 134 requires the subject property to maintain a rear yard of approximately 34 feet 8 inches. The proposed deck extension and spiral stair are within the required rear yard. Therefore, a variance is required.

2019-001580VAR (GABRIELA PANTOJA) 194 GUERRERO STREET (AKA 502 14TH STREET), Lot 014 in Assessor's Block 3534, in an NC-1 Zoning District, and 40-X Height and Bulk District: LOT AREA, REAR YARD, & OPEN SPACE: The proposal is to subdivide the existing 3,432 square foot lot into two new lots and to construct a 4-story duplex. Lot ""A"" will be approximately 1,561 square feet in size and developed with the proposed residential building. Lot ""B"" will be approximately 1,871 square feet in size and contain the existing three-story, mixed-use building. PLANNING CODE SECTION 121(e) requires a minimum lot area of 1,750 square feet for any lot having its street frontage entirely within 125 feet of the intersection of two streets. The proposal will subdivide an existing lot into two new lots, one of which will be less than 1,750 square feet in size. Therefore, a variance is required. PLANNING CODE SECTION 134 requires the subject lot to maintain a rear yard equal to 25 percent of the lot's depth but in no case less than 15 feet. The proposal will provide a rear yard that is less than 15 feet in depth for the existing mixed-use building. Therefore, a variance is required. PLANNING CODE SECTION 135 requires 100 square feet of private or 133 square feet of common usable open space for each dwelling unit. The proposal will provide zero usable open space for the three existing dwelling units. Therefore, a variance is required.

2021-011076VAR (CHRISTY ALEXANDER) 2800 BALBOA STREET, Lot 012C in Assessor's Block 1572, in an RH-2 Zoning District, and a 40-X Height and Bulk District: REAR YARD: The project proposes to construct a new one-story, detached, one-car garage located in the rear yard that would front Balboa Street. PLANNING CODE SECTION 134 requires the subject property to maintain a rear yard of approximately 31 feet 8 inches. The proposed garage falls entirely within the required rear yard. Therefore, a variance is required. PLANNING CODE SECTION 135 requires each dwelling unit to have access to a certain amount of useable open space. The proposal would remove the existing open space in the rear yard. Therefore, a variance is required.

It is strongly recommended that persons submit their comments in writing in advance of the hearing. Written comments may be submitted via email directly to the case planner.

Please visit the Variance Hearing Calendar to view the related agenda which includes the link to the site plans and elevations of the proposed projects. Persons who are unable to attend the scheduled hearing may submit written comments regarding these cases to the individuals listed for each case above via email or at the Planning Department, 49 South Van Ness Avenue, Suite 1400, San Francisco, CA 94103.

10/04/2023