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Board denies rehearing request in Rincon Center/Slider Shack mobile food permit case

San Francisco Board of Appeals · August 15, 2012
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Summary

The Board of Appeals denied a rehearing request from Rincon Center Restaurant Group challenging a DPW measurement for a mobile food permit near 400 Howard/60 Spear, concluding DPW followed the code's midpoint-of-block measurement rule.

The San Francisco Board of Appeals on Aug. 15 denied a rehearing request from the Rincon Center Restaurant Group challenging a Department of Public Works determination about notification distance for a mobile food permit held by Slider Shack LLC.

Michael Schlock, representing Rincon Grill and the Rincon Center Restaurant Group, told the board he had conflicting measurements (ranging from 150 to 404 feet) and sought a rehearing to resolve whether DPW properly measured the 300-foot notification radius. Slider Shack managing member John Kate said the department’s method—measuring from the midpoint of the block—was followed and that the board had already examined the measurement process at prior hearings.

John Kuang of DPW explained the department’s statutory measurement practice and said the department had applied the midpoint-of-block metric in this case. Commissioners said they found no new facts in the rehearing request and moved to deny the rehearing. The motion passed 3-0; the board directed staff to issue a notice of decision and order.

No change was made to the underlying permit as part of this ruling.