Zoning Variance Hearing

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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, June 28, 2023, beginning at 9:30 a.m. in City Hall, 1 Dr. Carlton B. Goodlett Place, Room 408.

2022-011104VAR (KIMBERLY DURANDET) 108 VILLA TERRACE, Lot 001 in Assessor’s Block 2719A located within a RH-2 (Residential House, Two Family) Zoning District and a 40-X Height and Bulk District: REAR YARD: The proposal is to renovate the existing single family home, including adding a new deck on top of the existing single-story garage, infilling the sloped side yard area, adding a rear deck that will extend the yard area to connect to the new garage roof deck, adding a new cantilevered balcony at the top floor on the south side of the existing home, and adding a new southern property line fence located on top of the new retaining wall at the rear. PLANNING CODE SECTION 134 requires the subject property to maintain a rear yard of approximately 15 feet. The proposed infill of the rear yard is greater than 3 feet, the cantilevered balcony projects into the rear yard by approximately 5 feet, and the property line fence will have a maximum height of approximately 12 feet from existing grade. Therefore, the project requires a variance.

2023-000276VAR (BRANDEN GUNN) 2919 WEBSTER STREET, Lot 007 in Assessor’s Block 0533, in a RH-2 Zoning District and a 40-X Height and Bulk District: REAR YARD: The proposal is to construct a vertical addition and deck at the rear of the existing building. PLANNING CODE SECTION 134 requires that the property maintain a rear yard of 36 feet 3 inches based on the averaging of adjacent buildings. The proposed vertical addition and deck will encroach approximately 13 feet 7 inches into the required rear yard. Therefore, a variance is required.

2023-000848VAR (CHRISTOPHER MAY) 674 BROADWAY, Lot 009 in Assessor's Block 0146 in a CCB Zoning District and a 65-N Height and Bulk District: REAR YARD, USABLE OPEN SPACE, AND BICYCLE PARKING: The project proposes to convert the second-floor office space to a single-family dwelling containing 5 bedrooms, 4 full bathrooms, and 2 half-bathrooms. PLANNING CODE SECTION 134 requires no more than 75% of lot coverage at the lowest level occupied by a dwelling. The existing building occupies the full lot. Therefore, the project requires a variance. Planning Code Section 135 requires the project to provide at least 48 square feet of usable open space, which must either face a street, face or be within a rear yard, or face or be within some other space which at the level of the private usable open space meets the minimum dimension and area requirements for common usable open space. The project proposes to expand an existing light well into a light court measuring approximately 55 square feet, but it does not face a street or other qualifying open space. Therefore, a variance is required. Planning Code Section 155 requires the project to provide one Class 1 bicycle space, which shall be located with direct access for bicycles without requiring use of stairs. The project does not propose bicycle parking. Therefore, a variance is required.

2022-001981VAR (DAKOTA SPYCHER) 1270 PACIFIC AVENUE, Lot 018 in Assessor's Block 0156, located within a Pacific Avenue NCD Zoning District and a 40-X Height and Bulk District: REAR YARD MODIFICATION: The project proposes to demolish the existing one-story commercial structure along Pacific Avenue and construct a new four-story, two-unit residential building. PLANNING CODE SECTION 134 requires the subject property to provide a rear yard equal to 45% of the lot depth at grade level and at each succeeding level or story. The subject property will maintain an average interior courtyard of approximately 20 feet in depth. Therefore, the project requires a rear yard modification pursuant to Planning Code Section 134(h).

2022-008154VAR (MATTHEW DITO) 301 LYON STREET, Lot 008 in Assessor's Block 1207 in a RH-3 Zoning District and a 40-X Height and Bulk District: REAR YARD AND OPEN SPACE: The existing building's previous uses are abandoned and the proposal is to establish 3 dwelling units as the legal use with a minor expansion of a small area of roof to create a mechanical platform. PLANNING CODE SECTION 134 requires the subject lot to maintain a minimum rear yard equal to 45 percent of the total lot's depth or to match the depth of the adjacent building, but no less than 25 percent or 15 feet, whichever is greater. The required rear yard for the subject property is approximately 28 feet. The proposal will convert building space within the required rear yard to a residential use. Therefore, a variance is required. PLANNING CODE SECTION 135 requires the subject property to provide a minimum amount of usable open space for each dwelling unit. The property does not include any usable open space. Therefore, a variance is required.

2022-007788VAR (TOLU ATOYEBI) 1318 PAGE STREET, Lot 015 in Assessor’s Block 1221 in a RH-3 Zoning District and a 40-X Height and Bulk District: REAR YARD: The project proposes to construct a three-story expansion at the rear of the building and reconfigure the existing noncomplying decks and stairways in the rear yard. 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 proposed work encroaches into the required rear yard at the first, second, and third level. Therefore, a variance is required.

2022-007792VAR (TOLU ATOYEBI), 701 BUENA VISTA AVENUE WEST, Lot 019 in Assessor’s Block 1256 in a RH-3 Zoning District and a 40-X Height and Bulk District: REAR YARD: The project proposes to demolish an existing one-story attached garage and replace it with a two-story addition that includes a two-car garage at the ground story and a new dining room at the second story. The project also proposes to horizontally and vertically expand the fourth-floor penthouse. PLANNING CODE SECTION 134 requires the property to maintain a rear yard that is 45% of the lot depth or average of adjacent neighbors, but in no case less than 25% or 15 feet, whichever is greater. As a portion of the penthouse falls within the required rear yard, and the proposed height increase will intensify the building's noncomplying condition. Therefore, a variance is required.

2022-004825VAR (MAGGIE LAUSH) 840-844 SHOTWELL STREET, Lot 041 in Assessor's Block 3638 in a RH-3 Zoning District, the Mission Alcohol RUD, the Calle 24 SUD, and a 40-X Height and Bulk District: EXPOSURE: The proposal is to construct three Accessory Dwelling Units (ADUs) per the Local ADU Program within the ground-floor of an existing four-story, six-unit building. PLANNING CODE SECTION 140 requires each dwelling unit to provide qualifying windows onto a qualifying open area for adequate exposure, and ADUs are eligible for an administrative waiver for a smaller open area of at least 225 square feet, with no horizontal direction being less than 9 feet. Proposed ADU 2 faces an open area only 8 feet 9 inches wide, and proposed ADU 3 does not face directly onto an open area. Therefore, a variance is required for both ADUs.

2022-011044VAR (KALYANI AGNIHOTRI) 2099 QUESADA AVENUE, Lot 026 in Assessor's Block 5335 in a RH-1 Zoning District, and a 40-X Height and Bulk District: REAR YARD: The proposal is to demolish an unpermitted garage structure built in the rear yard and install an open carport for one parking space. An approximately 90 square-foot storage shed will be retained within the required rear yard. PLANNING CODE SECTION 134 requires the subject lot to maintain a minimum rear yard equal to 30 percent of the total depth of the lot or 15 feet, whichever is greater. The required rear yard for the subject property is approximately 25 feet. The proposed car port will project approximately 6 feet 5 inches into the required rear yard. Therefore, a variance is required.

2021-006713VAR (MATTHEW CHANDLER) 212 HEAD STREET, Lot 022 in Assessor's Block 7135 in a RH-1 Zoning District and a 40-X Height and Bulk District: REAR YARD, USABLE OPEN SPACE, AND EXPOSURE: The proposal is to legalize three unpermitted dwelling units and an unpermitted multi-story fire escape at the back of the building, which is currently authorized for single-family use. PLANNING CODE SECTION 134 requires the subject property to maintain a rear yard of 30 feet in depth. The unpermitted multi-story fire escape exists in the required rear yard. Therefore, a variance is required. PLANNING CODE SECTION 135 requires the standard dwelling units on the first and second floors to have access to a total of 798 square feet of common open space with a minimum dimension of 15 feet. The proposed common space in the rear yard does not meet either criteria. Therefore, a variance is required for those units. PLANNING CODE SECTION 140 requires each dwelling unit to provide qualifying windows onto a qualifying open area for adequate exposure. The new dwelling unit on the ground floor will face a substandard rear yard that does not meet minimum dimensions for exposure (the basement level ADU may receive an administrative waiver for reduced exposure). Therefore, a variance is required for that unit.

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.

06/08/2023

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