. >> as you heard from apell ent's counsel permits were accepted yesterday to correct the discreptcies. and i understand that these applications are under consideration by the planning department. again, these are applications made in response to complaints, not in response to the site permit or to this appeal. appellant's final argument is a reiteration of an argument made by the board on october 17th. they contend that the house of the non-conforming section, section 181 deals with non-conforming uses it is a residential use in a res dental district. appellant offered no information that was unavailable at the time of the hearing to support this argument. >> in closing, it is abundantly clear that they have not offered a shred of information that was discussed at the hearing or not readily available to them prior to the hearing. we request that you deny this rehearing request for failing to make the required showing. our team is here to answer any questions that you might have, an

recent one was for a little more than 60 days and that was taking into account time under which the apellant, the project sponsor, because the appellant -- the project sponsor has appealed the lod that i issued was well. the project argued against times and materials that the department assessed. any time and materials that are accrued investigating and abating a complaint are tagged on to the complaint. i think we were taken to small claims court and we prevailed and that matter resolved. we included the time that the project sponsor spent fightphyting the city on paying the appropriate fees. we included that and i felt that was the much that we could do. what was somewhat troubling for me in may of this year the project sponsor submitted another permit for the garage while there was one on file from 2008. the one there earlier this year did not comply with the terms of the variance decision letter. it was larger than authorized. that was pointed out to them and they can withdrew that application wan we're moving forward with the 2008 building permit that does match what was authorized in t

we were held up with the apellant's appeal of the first permit, which basically slowed down construction progress. this is the second appeal and we are trying to catch up. but at this point we anticipate a delay of one to two months for completion of the project, as a result of the first appeal. to extend this one any longer, would most likely extend that. we're trying to recover by accelerating perhaps, working on the weekends, but a lot of this hinges on our ability to do that given that we're now in the winter. our opportunity to speed up is diminished with the winter weather and we're interested in getting this work crapped up. >> is there other work not related to this permit? >> there is other work going on, but one thick that happens this work is in the center of the park. so you can't do a lot of work around the periphery, it doesn't give us the ability to do it efficiently and effectively since we'll have to plan to bring in equipment at a much later date to complete the scope of work. >> thank you. >> we should take public comment on the continuance only. would anyone like to s