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Board upholds abatement for vacant-lot concrete mixing operation at 1811 Gerald
Summary
The board upheld DBI’s order requiring removal of a concrete pad and discontinuation of an open-air concrete-mixing operation at 1811 Gerald Street after Planning determined an over-the-counter permit was issued in error under planning code 202.2(d); motion carried unanimously.
The Abatement Appeals Board voted unanimously to uphold an order of abatement requiring removal of a concrete pad and associated construction at 1811 Gerald Street after the Planning Department concluded an over-the-counter permit was issued in error.
DBI staff explained that a complaint and site investigation showed a vacant lot used as an open-air concrete mixing (batching) operation with a roughly 400-square-foot slab and portable batching equipment. A permit application filed Aug. 31, 2017 was initially approved over the counter by Planning and issued by DBI, but Planning later requested revocation, saying the use did not comply with planning code 202.2(d), which requires certain heavy-manufacturing uses to operate inside fully enclosed buildings when within 50 feet of an R district and prohibits emissions beyond the premises.
DBI asked the board to uphold the order and enforce removal of the slab and discontinue the nonconforming use. Commissioners characterized the case as a clear violation: while an erroneous Planning approval caused confusion, the underlying use did not comply with applicable zoning and planning requirements. The board voted to uphold the order, proceed with enforcement to remove the slab and incur the costs specified by DBI.
