of the third and fourth building on the street. you'll also see that in the middle kind of in the middle of the this it's adjacent to that office building one i am the stairs have been incorporated so what the building so there's a light well. and to the left - >> i'm having a hard time following the words with the picture. so if you could speak a little bit more slowly and description like >> let's start with the rare of the property. the doted line is the line of the building so you'll see it's lair in the back that's a rear

yard in the back and that's adjacent to the rare yard of the third and fourth building up on this street. their rear yard is butting up against this rear yard. okay. and moving down the hill, if you will, you'll ins the middle of our building where the bulk kind of goes down a little bit that's adjacent to the office believe this is one up from the bonding vista cafe.

what they've monopolized is a light well, to come down into their yard and the first notch to the left is the removal of the part of the building. and that is flult the property owners e-mail to us last week thanking us >> okay. thank you. >> thank you. mr. sanchez >> thank you skovt from the planning department i'll be brief. the property at the 71 b street is located in the zoning district. this is a little bit unlike the

other items specifically when we had a dr commission we had properties that are subject to the residential guidelines but this is a residential side it abuts to the nc zoning district and to the west is the c-2 zoning district continues on. so there is no notification required from the neighborhood of the project. we have cases from 2006 but the planning zoning heard a declaration from another previous project and i believe at this point there was an denial from the board on that project. and the building permit that was

- in 2010 the building permit was submitted and we reviewed the permit and held the mandatory discretionary review and the hearing commission approved the building permit application so we find it meets with the guidelines and find the design to be appropriate. i would note in terms of that have the 3 story to the 4 story building code issue i believe there is reference inform the four story building. i'm available for any questions >> just one question. at the planning commission were there a lot of people opposing? >> yeah, this hearing was hid

in the board of supervisors chambers and there were other items on the calendar that day but there were a lot of people for and against that project. i couldn't break it down for you >> do you know or think it's because of the outreach from the project sponsors? >> you will get people who are in opposition who later are in support pa maybe the case here. >> all right. thank you. >> so we will take public comment. can i see a show of hands how many people are going to speak on this? >> there are family members

here and close family members are not allowed to speak on this. >> i own a business in the neighborhood. i've been in the neighborhood for about 10 years i've known jeff and his wife for about 5. i wasn't for or against this project but i went to most of the hearings but i've been very impressed with they're out reach and their comprise and their desire to work with the neighborhood. those people have done a real good job. there was opposition at the last hearing that i was at but there was just as much in favor of it

and there was a lot more on both sides of that. the other thing as a businessman in the neighborhood and just a person who enjoys looking at beautiful things in the neighborhood. it's a world-class neighborhood. i don't know if we can get a picture of it. the property now doesn't even have running water. and what the sponsors are proposing is a structure that's a world-class promise. it's amazing that people are trying to stop something like this in the neighborhood. so nike wasn't clear i'm in favor of the project >> thank you. next speaker

>> good evening i'm christopher's. i live in the neighborhood and i've known those people for 15 years. they work 7 days a week and this project they've listened to the neighbors they have responded to everyone and i think you should disallow the appeal >> any other public comment? it doesn't look like it so you can rebut >> to answer sir, mr. honda there were thirty people in the

neighborhood that was against the project there was no one in the neighborhood who wants it arrest they say jeff's a nice guy no one in the neighborhood is for this project. the lawyer i hate to increase my bias against lawyers i'm sorry not too many of you are lawyers. this lawyer made a settlement and we'd love to know what that settlement looks like. the lawyer doesn't live there. he was this liquid guy when jeff left the meeting that he was going to sue himself him and now jeff just made a major concessions to the building.

obviously it was a legitimate complaint. we not all in the mode to sue everybody. the people who live there up the street they're going to be the ones blocked. this is on open space and that's to the south of the property. there's no light coming from the property at all. the light that hits this property comes from the west and the northwest especially, when the sun appears to move to the north all of that nature light flows in. the concession to the rear is not part of that.

this makes is crystal clear to us the lawyers sold us out to the developer. if the developer was willing to do it for the lawyer why not do it for the neighbors up the street. the e-mail was yesterday we don't want any more fight and they reacted to that. you should have asked them to give this to us. you should remain there were at least 20 people that were neighbors that were there not one neighbor there in favor of the project. not one >> did you any of the neighbors proposes any other request other

than the height issue? >> let me just finish my question. was there any other offer to resolve the issues that were impacting the neighborhood? >> there was. we want to see a nice building built i've built a lot of nice building. this is a four story building it doesn't fit that >> can you answer the question. >> it was good much for them to shave the building down. we were pushed to do the 3 story to save his needs he told us we were going to fight us in the courtroom. we made a mistake by not asking

for a 3 story believe that 40 feet does change the light >> are you just blazing it for the first time. >> we were told what was going to look like. those two concessions there are still 2 penalty houses. the concessions near the rear there's no light coming in from there from any shadow studies. it's not a rear yard it's thirty feet up in the air >> okay. thank you. >> thank you, commissioners. just to respond to a couple of

points. in our briefing packet we submitted to you there's a very thickset of support letters i think you'll see a lot of folks from the neighborhood. the second thing i'd like to point out and i'm going to have the project architect come up here. there's no deal with the neighbors other than the planning a person went to jean and said what can we do and meet the goals of our project and accumulate i in some way. so there's no deal, there is no settlement there's nothing so - steve do you at one point give up and speak. i want to point out there's other four stories on the block

and if you take a look at the diagram the third and fourth building up from d street they're uper stories are completely - there's an entire lot between the upper stories so there's quite a bit of light and air still assessable to those building with respect to the adjacent office building we've done everything we can to recognize that. >> the accumulation that's been

mentioned is that we put bring on it that's the only accumulation to that. so far as the light and air all of these buildings have rear yards we're zoned commercial we could have gone full height and as a matter of fact we could have put the taller building and we didn't want to do that >> thank you. >> before you leave based on your brief i believe there's only one remaining penthouse that's for the elevator?

>> wire trying to accommodate accessibility. by the way, i'm in a four and a half story building up the street >> mr. sanchez anything further. okay commissioners the matter is submitted >> you want to start? you know, for some reason, i remember the previous and i don't remember whether it was that particular proposal or one previously when i was at planning which would have been significantly a long time ago. in that particular area begin

the rentals that are in that area the amount of tourist traffic and that lot never got developed. from looking at the brief and trying to track through the changes it appears that there has been significant amount of movement on the design and on what's important importantly the envelope and the volume of this particular building. i find that the overall volume of the building is similar to the area. i'm not sure that i arguing ago with the appellants that the chopping of one floor is going to take care of all their needs.

the issue here if it's really an issue to the neighbors on height street the only thing that's going to change it is the reduction of vitamin of this building vs. the rear of the building to the front of the building since the pattern of the sun is from the back to the side. so i'm prepared to uphold this permit based on what i feel is a relatively appropriate solution to that site. >> i too am leaning to uphold the permit as agreeing with a lot of what commissioner fong said. people can build the any other time and when you see this kind

of concession there's been a lot of outreach on behalf of the sponsor to the neighbors. i'd like to commend them and it would be nice to see more people try to work with the neighbors so i agree to up hold the permit >> you want to move a motion. >> i'm going to move to uphold the permit on the basis that it is not only code come pliant but has gone through the community involvement and therefore is significant modifications of the

design. you building delete that last line and a hold him to it >> the code compliances and we have a motion from commissioner fong so deny the permit and say it's come pliant. >> (calling names) the vote is 4 to zero this permit is upheld on that basis. we're going to take a short