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Board overturns DPW denial, allows removal and requires 48‑inch flowering‑plum replacements

San Francisco Board of Appeals · February 8, 2012
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Summary

The Board of Appeals granted a homeowner's appeal to remove a leaning street tree at 124 Commonwealth Avenue, overruling the Department of Public Works and ordering two 48‑inch flowering‑plum replacements; the vote was 4–0.

The San Francisco Board of Appeals voted 4–0 on Feb. 8, 2012, to grant an appeal allowing the removal of a leaning pear street tree in front of 124 Commonwealth Avenue and to require two 48‑inch flowering‑plum replacement trees.

Andrew Ash, co‑owner of 124 Commonwealth, told the board the tree leans about 19.2 degrees toward his neighbor's driveway and has damaged the sidewalk in the past. "We measured it at 19.2 degrees," Ash said, adding that his family has repaired sidewalk damage at significant cost and worried about future safety risks.

Carla Short, representing the Department of Public Works Bureau of Urban Forestry, urged preservation. She said the department approved removal of an adjacent diseased tree but denied removal of the leaning specimen because it is healthy and can be corrected by pruning. "We don't think that the tree is gonna fall over," Short said, and recommended pruning and, if desired by the property owner, cabling for reassurance.

Board members pressed on replacement size and species. Short noted the department typically plants 24‑inch box replacements and cautioned that larger boxes (60‑inch) are costly and logistically difficult, requiring cranes. Commissioners discussed tradeoffs: larger replacements recoup canopy benefits sooner but increase costs and installation complexity.

Given the parties' willingness to compromise, the board’s motion — made by Vice President Huang and recorded by staff as a vice‑presidential motion — overruled DPW's denial and issued a permit on the condition that both replacement trees be flowering plums in 48‑inch box size. The motion carried 4–0 (Commissioners Fung, Huang, Hillis and President Garcia voting aye).

The board also advised the property owner on proper staking and installation details to reduce the risk of future leaning. The permit is conditioned on species and size as described and on standard installation requirements.

What happens next: The permit will issue with the 48‑inch/flowering‑plum condition; installation must comply with DPW specifications.