2025-11-07 DPW Prehearing Statement (PL-BOA-2025-000121)

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received SMA approval, the record shows that: (1) on January 13, 2025, the Planning Department determined that the Stanke project is exempt from SMA requirements; and(2) the building permit was issued on April 1, 2025, almost three months after SMA approval was granted. See DPW Documents 2, 3, 5. II. ARGUMENT Rohr's first issue on appeal - that Stanke doesn't qualify to receive the owner-builder exemption - should be dismissed because it is moot. On or about October 27, 2025, Public Works rescinded Stanke's owner-builder exemption; therefore, Rohr's first issue on appeal is moot. Rohr's second issue on appeal -that Public Works issued Stanke's building permit before SMA approval - should be dismissed because the record clearly shows that on January 13, 2025, the Planning Depaitnuent determined that the Stanke project is exempt from SMA requirements, and Public Works issued the permit almost three months later, on April 1, 2025. See DPW Documents 2, 3, 5. For these reasons, Rohr cannot meet the evidentiary burden necessary for the Board of Appeals to reverse, modify, or remand any decision made by Public Works in this matte Board of Appeals "BOA" Rules of Practice and Procedure, Rule 8-15 explains when the BOA can reverse, modify, or remand a decision made by Public Works: In appeals of Director's decisions, the Board of Appeals may affirm the decision of the director; or it may reverse or modify the decision; or remand the decision with appropriate instructions if, based upon the preponderance of evidence, the board finds that: (1) The director erred in its decision or is clearly erroneous in view of the reliable,probative, and substantial evidence on the whole record; or (2) The decision violated the Code or other applicable law; or 3