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Board denies rehearing request over tree-root concerns for First Avenue permit
Summary
Anne Marr requested a rehearing alleging excavation would damage critical tree roots and asserted manifest injustice; Planning Department staff and DBI said review standards were not met and the board voted 5-0 to deny the rehearing request.
The San Francisco Board of Appeals unanimously denied a rehearing request on March 27, 2019, from Anne Marr challenging a permit decision for a property on First Avenue (appeal 19-005), finding the appellant did not meet the standard for manifest injustice.
Anne Marr told the board an arborist’s report shows excavation would damage 6% to 17% of critical tree root zones and invoked the Trees Protection legislation and city charter provisions, saying the permit would impose “unjust burdens” and long-term harm to trees. “This will force upon me unjust burdens where I am forced to assume liability...,” Marr said.
Scott Sanchez of the Planning Department told the board the discretionary-review ("Doctor" reform) standards cited by the appellant were not met and noted the Planning Commission had already considered tree issues during its review. DBI staff confirmed the permit met code and that some concerns raised were quality-of-life matters best addressed in this forum.
Commissioner Honda moved to deny the rehearing request on the basis that there was no manifest injustice; the motion passed with recorded Aye votes from the chair and all commissioners, and the board denied the request 5-0.
The board noted that tree- and construction-related impacts that are civil in nature can be addressed through the courts or other administrative channels and that the Planning Department had considered arborist information during its earlier discretionary review.
