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Board grants rehearing in disputed street‑tree removal, schedules July 2 briefing

San Francisco Board of Appeals · June 4, 2014
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Summary

The Board granted a rehearing request over removal of six trees at 2051 Third Street (650 Illinois Street), setting a rehearing for July 2 with simultaneous briefing to allow the parties to submit additional materials; the decision to rehear was 5–0.

The Board of Appeals voted June 4 to grant a rehearing petition concerning a prior decision about trees at 2051 Third Street (also identified as 650 Illinois Street). Appellant Topher Delaney said neighbors want the trees to remain until final planning approval, and that the Board’s earlier motion should be amended to delay tree removal until final entitlement.

Counsel for the permit holder (Melinda Sargipour of Rubin, Genius & Rose) argued rehearing is warranted only for extraordinary circumstances, that appellants had not met that standard, and that delaying removal until a site permit would impose burdens on the permit holders because pre‑construction activities typically occur before site permits are issued. Sargipour also emphasized testimony that the trees present safety and structural concerns.

The Board discussed its informal practice about continuing matters when a member is absent and whether that practice had been applied consistently. Vice President Hurtado indicated she had reviewed the prior proceedings and was prepared to vote. The Board voted to grant the rehearing and directed simultaneous briefing from all parties due the Thursday prior to the rehearing; the rehearing was set for July 2, 2014.

The Board’s action sets aside the earlier final decision and schedules further proceedings so both sides can present additional briefing and evidence.