. >> then call item 4a and b appeal both filed by mr. donny against the department of building inspection with the disapproval with the subject on e street and their appealing the denial of a permit to erect a building garage super s structure with 44 hundred ground floor feet and the denial of the permit to alternate a building to a second level of a backyard wansz the surveillance and i understand mr. donny is he in the room can you step forward to the microphone. >> i know mr. donny he is stuck in traffic i'm here for another item i don't know if switching it will be okay. >> commissioner shall we hold this off and give mr. donny a chance to get here. >> yeah. if he's on his way. >> with the presidents consent what we had a request to have the board rescheduling item 7 with the presidents content we can hear that request now item no. 7 appeal versus the department of building inspection other property at 26 thethth broderick street of on alteration permit to the violation revving of a planter box only we can give each party 3 minutes specif

. >> okay i believe that mr. donny is now in the room and return to item 4a and b mr. donny. >> commissioners, i apologize for being late here today, i want to withdraw my appeal i worked for the last two years with dbi and planning and the board of appeals staff and now reinstated the permit this morning i'll be withdrawing my appeals. >> is there anything in the department mr. duffey. >> joe duffey i wanted to conform the permits h have been reinstated on december 9th the permit services and so there's nothing to appeal. >> okay well in that case. >> good solution anything to add any public comment on that item on those two items okay. so those items are withdrawn we can move on think to the next item item 6 versus the department of public health property on 1963 sutter street for a retail restaurant rewarding novice from equipment f this matter was on calendar november 19th and the board voted 4 to zero to overrule it didn't conform to the noise ordinances. >> great. >> so, sir if you want to wait a moment did you see her. >> yes. she's right here. >> okay. fine. >>