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attorney, my recollection is he did speak, he did talk to the hearing officer at that time. he was given, from what i remember, ample time to explain the situation. the hearing officer did uphold the 30-day suspension of the original notice. basically, after i read the brief, i did, i inquired at other counties what they do regarding these and what i did was i took the most successful rate of reduction in sales to minors, which was out of los angeles county, and asked what they do. they do have that in their ordinance this they can charge these monetary penalties. because of the success rate i was interested in what they did and they strictly do suspension of permits. and our ordinance here in san francisco, the way we read it, it doesn t allow for any kind of monetary penalty. clearly a violation of california penal code this section 308 only allows for us to do a suspension on the permit, which was what we did in this case. how did you arrive at the 30 day determina ....
plans tonight. obviously that s too high if you are not going to provide egress, so something has to be done about that. we will have an opportunity at dbi but i m not sure how i would get that done from our end of things. i m not involved in the plan check process so maybe some condition within an hr2 district. it went through section 311 neighborhood notice at the beginning of this year, 5 discretionary views were filed on the application, the matter was heard in may of this year and not take discretionary review. the planning department does not have any complaints on file for the subject file. the appellant has raised concerns regarding section 181 of the planning code that would not apply here. the building is not, it doesn t contain any nonconforming uses. they are allowed to contain two dwelling units, that s what the property contains. a further note, even if the property did contain a nonconforming use, it s not a prohibition on an expansion of the building. th ....
mr. elman, we just called this appeal. we re ready to have it heard when you are ready to start. commissioners, since this matter is two appeals joined the parties will have 14 minutes to present their case. mr. president and members of the board, i am howard elman representing the appellant, carol seligman and we are, the other appellant has granted us his time so that we could have a little bit more it make a coherent presentation to you, because there are some complex issues. what we re asking for is that you revoke the permit that s been issued and require the permit to correct all the nonconforming uses. our appeal is supported by testimony from fire experts jim mcmullen, mr. moony who is here tonight, the state fire marshal for 7 years. he cannot here to testify as an expert tonight because he is testifying in some expert out of the city. mark moony has equally strong credentials in the packet presented to you. he is here tonight and able to speak on those issue ....
this is mary murphy again. what s before you today is a site permit. as you know from hearing a million of these, what happens is you file subsequent addendums. i think what lev is trying to say, the level of specificity with the subsequent addendums will be sorted out. what mr. maddox has explained is that the code provides, as best i understand it, when we come forward with the addendum that s specific with the heights and the relationship with the mechanical room, we could have 200 square feet that would be more than 80 inches, but the rest of it would have to be under 80 inches. that s a detail that would come forward during the addendum process and we would absolutely comply with the details the department of building inspection would impose upon us with respect to those technical details of it. thank you. mr. duffy, i think you are up, unless mr. sanchez wants to go first. good evening, commissioners again. when i got the brief obviously there s a lot of rea ....
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