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Board upholds hot-dog cart permit on Market Street with condition to move location
Summary
After neighbors and a nearby retailer objected to a mobile food permit at 954 Market, the Board of Appeals upheld the DPW decision but required the cart be relocated at least 15 feet east if feasible to reduce direct impact on an adjacent storefront (4–0).
The Board of Appeals voted unanimously to uphold a Department of Public Works approval for a mobile food facility permit on Market Street, but attached a condition intended to reduce impacts on a nearby brick-and-mortar retailer.
Dimitri, who owns a beauty-supply store within 20 feet of the proposed cart location, said the vendor’s cooking odors and the presence of customers could damage inventory and exacerbate public-safety problems on the block. "This is negatively going to impact my business and also the public safety," he said, citing prior problems in the area.
The permit applicant said he had followed Public Works notice and obtained necessary approvals from public health and fire. Public Works representative Rahul Shaw explained the department reviews location, clearances, pedestrian-path requirements and relies on the health department to address odors and emissions. Shaw noted the permit includes a good-neighbor policy requiring trash removal and mitigation measures.
Commissioners pressed the department and applicant on whether the cart could be offset farther toward the intersection. The permittee agreed to relocate if practicable and Public Works said it could assess utility conflicts and re-notice if a new location were required. The board adopted a motion to uphold the permit conditioned on the cart being relocated at least 15 feet east of 954 Market (4–0). The department will oversee any technical re-notification and implementation.
