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Board grants rehearing for sidewalk/curb permit at 1410 Stanyan, schedules Feb. 18 hearing
Summary
Board of Appeals granted a rehearing after finding Department of Public Works failed to serve its brief to appellants in a December hearing. The rehearing was set for Feb. 18 with a new briefing schedule.
The Board of Appeals voted unanimously on Jan. 14 to grant a rehearing for an appeal challenging a Public Works sidewalk/curb permit at 1410 Stanyan Street after finding that appellants were not served a DPW brief in advance of the Dec. 17 hearing. Attorney Steve Williams argued appellants Murta and George Matula were prejudiced because DPW’s legal arguments emerged for the first time at the hearing; DPW acknowledged the brief was not provided and called the omission an oversight.
Mark Brand, representing the permit holder, said the appellants had ample notice of the permit-holder’s arguments because the permit-holder’s brief made the same points, and urged denial. DPW’s representative (Nick Elsner) apologized and said his hearing testimony matched the brief and that failing to serve it was ‘‘a complete oversight on my part.’’ Commissioners agreed a procedural error occurred; Commissioner Fung moved to grant rehearing and to set a new hearing date for Feb. 18 with a new briefing schedule. The motion carried 4–0.
The rehearing will reopen the matter on the merits; the Board ordered a new briefing schedule so parties and staff can submit materials before the Feb. 18 proceeding.
