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2010.0272DD

2010.0272DD

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Discretionary Review request 40th Avenue 20130314
Discretionary Review request 40th Avenue 20130314

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Published by: Ocean Beach Bulletin on Mar 14, 2013
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www.sfplanning.org
 
Discretionary Review
Full Analysis
HEARING DATE MARCH 14, 2013
Date:
March 7, 2013
Case No.:
 
2010.0272DD
Project Address:
 
1235 40
th
Avenue
Permit Application:
 
2009.04.02.5465
Zoning:
RH-1 (Residential House, One-Family)40-X Height and Bulk District
Block/Lot:
1710/006
Project Sponsor:
Stephen Kwok1235 40
th
AvenueSan Francisco, CA 94122
Staff Contact:
Michael Smith – (415) 558-6322michael.e.smith @sfgov.org
Recommendation
:
Do not take DR and approve the project as proposed.
 
PROJECT DESCRIPTION
The project proposes the demolition of the detached garage structure at the front of the lot and the newconstruction of a three-story accessory building with a garage at the front of the lot. The top floor of the building would be set back 15-feet from the front of the building with a roof deck within the setback areaand setback three-feet from the north side property line. The accessory building having three bedroomsand three baths over a two-car tandem garage. The existing penthouse would be removed from thedwelling at the rear of the lot and the building would be remodeled and contain the only kitchen on theproperty. The property will remain for single-family use only.
SITE DESCRIPTION AND PRESENT USE
The project site is located on 40
th
Avenue on the west side of the street between Lincoln Way and IrvingStreet within the Outer Sunset neighborhood. The subject property is rectangular shaped, measuring 25feet in width and 120 feet in depth. The property is developed with a two-story, single-family dwellingconstructed circa 1923 located at the rear of the lot and a detached single car garage located at the front ofthe lot. The dwelling at the rear of the lot contains approximately 750 square-feet of habitable area andappears to be in poor condition. The property also has a 10-foot legislated front setback.
SURROUNDING PROPERTIES AND NEIGHBORHOOD
The surrounding neighborhood is residential in nature and characterized by 30s and 40s era, two-storysingle family dwellings . There are three-story, two-family dwellings located at the north and southedges of the block. The neighborhood is located within a block of Golden Gate Park to the north.
 
Discretionary Review Full Analysis CASE NO. 2010.0272DDMarch 7, 2013 1235 40
th
Avenue
 
2
The adjacent properties to the north and south of the subject property are developed with two-storyresidential buildings. The adjacent property to the north is particularly unique in that it is the oldest building on the block, it is a two-family dwelling, and it is setback along its south side with severalwindows on its south side elevation. Most of the buildings on the subject block are built from sideproperty line to side property line with no side facing windows.
BUILDING PERMIT APPLICATION NOTIFICATION
TYPEREQUIREDPERIODNOTIFICATIONDATESDR FILE DATE DR HEARING DATEFILING TO HEARING TIME
311Notice30 days3/18/2010-4/17/20104/14/2010 3/14/20131,065 days
 
HEARING NOTIFICATION
TYPEREQUIREDPERIODREQUIRED NOTICE DATE ACTUAL NOTICE DATE ACTUALPERIOD
Posted Notice 10 days 3/4/2013 3/4/2013 10 daysMailed Notice 10 days 3/4/2013 3/4/2013 10 days
PUBLIC COMMENT
SUPPORT OPPOSED NO POSITION
Adjacent neighbor(s) XOther neighbors on the block or directly acrossthe streetNeighborhood groupsAnna Wong, the current owner of the adjacent property to the north (1231 40
th
Avenue) is in support ofthe project as revised with a height of 29’-6” and a three-foot setback along the north side of the building.
DR REQUESTORS
1.
 
Eugene Vinsky, former owner of 1231 40
th
Avenue, the adjacent property to the north of thesubject property. Mr. Vinsky has since sold the property to Anna Wong and is no longerparticipating in this DR hearing but has not withdrawn his request. Anna Wong does not opposethe project as revised.2.
 
Donald House and Paulette Stracuzzi, owners and occupants of 1234 41
st
Avenue, located directly behind the subject property to the west.
 
Discretionary Review Full Analysis CASE NO. 2010.0272DDMarch 7, 2013 1235 40
th
Avenue
 
3
DR REQUESTOR’S CONCERNS AND PROPOSED ALTERNATIVES
Issue #1:
Mr. Vinsky’s initial filing of the DR was concerning the protection of light and air to thewindows on the south side of his building.
Issue #2:
With two habitable, detached structures on the subject property, Ms. Stracuzzi and Mr. Houseare concerned about the project being used as an illegal second dwelling unit.
Issue #3:
Ms. Stracuzzi and Mr. House are also concerned about the present condition of the building thatwill be retained at the rear of the lot. They would prefer to the see the building demolished and for themid-block open space to be restored.
PROJECT SPONSOR’S RESPONSE
In response to the concerns raised by the DR requestors, the sponsor has revised his plans to reduce theheight of the proposed building by one foot to 29’-6” and incorporate a three foot setback along the northside of the building. The sponsor is generally daunted by the Department’s demolition procedures andthe uncertainty within the process to pursue it as a development option.
PROJECT ANALYSIS
As stated above, the adjacent property to the north of the subject property is unique in that it has two-units and windows along its south side elevation. The subject property is also unique in that it is a small building located at the rear of the lot within the mid-block open space. The Residential DesignGuidelines do not provide guidance on how to reasonable enlarge a dwelling that is located at the rear ofthe lot. Generally, sponsors that want to develop properties that contain dwellings within the rear yardhave constructed detached structures within the buildable area of the lot while retaining the dwelling atthe rear of the lot. This type of development has been successful in Zoning Districts that permit two ormore dwellings per lot. This development is problematic in zoning districts that permit one dwelling perlot as it creates a situation that could be easily abused and promote the creation of an illegal dwellingunit. While the circumstances surrounding the development of the subject property are unique, the issueof whether or not having two separate structures on the lot would facilitate an illegal second dwelling can be addressed by recording a Notice of Special Restrictions on the property.Another development option for the subject property would be to construct an addition at the front of theexisting dwelling. This scenario is potentially beneficial to protecting light and air to the windows on thesouth side of 1231 40
th
Avenue but problematic because it would intensify the development within themid-block open space. As such, the Residential Design Team does not support this development option.The adjacent building’s south side windows service both dwellings within the building. The upper floordwelling also has windows at the front of the building but some of the rooms within the lower dwellingare serviced solely by its south side facing windows. The building is setback three-feet from the sideproperty which helps maintain light and air to these windows but the majority of light and air to thesewindows comes from the vacant area on the subject property. Any construction within this area willcompromise light and air to the south side windows in the lower dwelling.

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