item, 31 66 16th street, which is a building permit application to establish a retail use known as shack spade. this item had lengthy hearing. it was a jurisdiction request on a letter of determination. the previous week which the board had denied on this one, the board voted 3 to 2 to overturn the permit, to deny the permit. however, four votes are required super majority to overturn a permit so the permit was in effect granted. there has been a rehearing request filed on this permit and i believe that's scheduled for hearing on october 9th. >> commissioner antonini. >> yeah, just procedural question. when you talk about a rehearing, i wasn't aware that the board of appeals people can have it heard a second time. >> yes, there is a process, any appeal that is heard by the board within 10 days you can file a rehearing request. and if you can show that there is either new information that was not available at the time of the previous hearing or manifest injustice, the board can vote to allow a new hearing on the item and it will be scheduled for a brand-new hearing with new briefing and that is