housekeeping item this evening, item number 5c, a rehearing request regarding the property at 10 lundy lane. an appeal has been filed with the board of supervisors and just this afternoon we received information that appeal has been deemed a timely and will be heard by the board of supervisors on january 11. that means it means to move off of the board calendar until after january 11. i wonder if the parties for that matter are here if they could come forward? any representatives? president peterson: let's wait until its regularly scheduled time. >> ok. and there is one other item, deputy director kornfield is raising a permit penalty, consenting to reduce the penalty to two times. commissioners, i don't know if you want to take this as a housekeeping item or if you want to hear the item. president peterson: i suggest it is a housekeeping item. >> is mr. snyder here? >> yes. >> if you could call that item and we will take public comment and the board will take a vote. >> item 8, appeal number 10-091, property at 38 santa rita. it is construction work done without a permit. >> mr. snyder, it

. >> calling item 5c, the subject property at 10 lundy's lane, soto versus dbi. on november 3, the board voted 3-1-1 to uphold the subject permit on the basis that the construction predates the 1978 planning code change and is a legal non-complying structure. >> it does not appear they are here. the commissioners, if he would vote to continue this item to the date of your choice, my recommendation would be the 19th. commissioner garcia: is there a possible reason they are not here? >> it may be that they are simply not invested. commissioner garcia: you are pretty confident they are not going to still show up? >> right. commissioner fung: would this make more sense to do it to the call of the chair? we have no idea when -- >> it is calendar before the board of supervisors on january 11. we know the date it is supposed to be heard by the supervisors. commissioner fung: i move to continue to january 19. president peterson: any public comment? seeing none, please call the roll. >> the motion is from commissioner fung to continue item 5c to january 19, awaiting the o