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Board of Appeals roundup: continuances and permits — several appeals upheld, one tow permit continued

San Francisco Board of Appeals · July 18, 2007
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Summary

At its July hearing the San Francisco Board of Appeals issued several rulings: it upheld the Taxi Commission and multiple permits with conditions, continued a tow-permit revocation hearing to September 19, and denied appeals challenging shoring and building-permit revisions. Key votes were 4–0 in favor of upholding department or commission actions.

San Francisco’s Board of Appeals resolved a slate of appeals and calendar matters at its recent hearing, handling continuances, permit conditions and contested building and planning cases.

Key outcomes

- Continuances: Item 4 (appeal 7,048, Fourth Avenue) was continued to Sept. 12 to permit settlement discussions. Item 13 (24430 Second Avenue) was continued to Aug. 1 to allow plan revisions to be finalized. Item 6 (appeal of a tow-firm permit revocation) was continued to Sept. 19 so the police department could respond and the appellant could file proof of insurance and an auto-return arrangement.

- Sidewalk landscaping (Castle Street, Items 5a/5b): After hearing neighbors and permit holders, the board voted to uphold the Department of Public Works’ sidewalk landscaping permits but limited each permit to the area directly aligned with the gate and added a condition prohibiting any obstruction that would prevent the gate’s operation. Vote: 4–0.

- Quickly restaurant notices of violation (Items 9 and 10): The board upheld planning’s notices of violation at 1050 Taraval and 1039 Ocean Avenue after finding the operations were not in conformance with the planning code provisions cited; in one case the operator agreed to remove cooking equipment/menus to comply. Vote: 4–0 in each case.

- 121 Brighton Avenue (Item 11): After extended testimony from a neighbor alleging inaccurate plan conventions and from the architect and permit holder who said the application followed board directions, the board concluded the permit review and scope were adequate and upheld the permit. Vote: 4–0.

- 60 Clarendon (Item 12): Neighbors and a geotechnical consultant raised landslide and soils-report concerns about shoring for an adjacent excavation. The board reviewed testimony from the permit holder’s engineers and DBI staff and denied the appeal, upholding the permit. Vote: 4–0.

Procedural notes and next steps

The board repeatedly noted that some matters (for example, increases beyond a Taxi Commission recommendation) require additional reviews by the controller or Board of Supervisors and may trigger separate studies. Where the board limited permits (Castle Street), it left open the option for other parties to apply for permits for remaining areas under DPW’s standard process.

The Board recessed briefly during the hearing and adjourned after completing the calendar. Several matters were continued to later meetings as noted above.

Summary table (selected items)

- Item 4: Continued to Sept. 12 — approved by motion. - Item 5a/5b (Castle Street sidewalk permits): Upheld with condition limiting area to gate alignment; no obstruction allowed — vote 4–0. - Item 6 (GE Towing revocation): Continued to Sept. 19; appellant instructed to provide proof of insurance and auto-return arrangements. - Item 8 (Taxi Commission medallions): Upheld (see separate story) — vote 4–0. - Items 9 & 10 (Quickly notices): Notices of violation upheld; operators advised what changes would cure violations — votes 4–0. - Item 11 (121 Brighton): Permit upheld — vote 4–0. - Item 12 (60 Clarendon): Appeal denied; permit upheld — vote 4–0.

The board’s written minutes and minutes of record will include formal motions, findings and any administrative conditions. Parties were frequently reminded to submit materials (proof of insurance, agreements, or corrected plans) to the clerk for inclusion in the next agenda cycle.