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Board leaves revocation of Dijoux Construction street‑space permit in place after 2–2 split
Summary
Following conflicting testimony about a handwritten note that appeared to be altered, the Board did not overturn Public Works’ revocation of a street‑space permit for 1101 Green Street; the revocation was upheld by default after a 2–2 vote.
The San Francisco Board of Appeals considered an appeal by Dijoux Construction on Nov. 17, 2010 after the Department of Public Works (DPW) revoked a street‑space permit for 1101 Green Street, citing evidence that a handwritten post‑it authorizing a four‑month extension had been altered to read five months.
DPW representative John Kwong said he had given written direction for a four‑month extension and that a later copy of the post‑it in the applicant’s possession showed the number changed from a '4' to a '5.' Kwong said staff viewed the alteration as potential fraud and revoked the permit. He told the Board the department would use more formal documentation in the future to avoid such confusion.
Appellant representative Ali Kovacs said she followed standard office procedures, presented the note at the DPW satellite counter as instructed, and was not aware of any alteration. Kovacs said the company lost use of the space while the revocation process ran and disputed any suggestion of intent to misrepresent.
Commissioners split 2–2 on whether to overturn DPW’s action; because four votes are required to overturn a department decision, the revocation remained upheld by default. The Board discussed balancing the department’s need to guard against altered documents with the practical effects on a construction contractor that relied on an issued permit.
The revocation remains in place pending any further administrative rehearing or legal action.
