what did tndc get? they got a subpoena for all their records. that's why they are not here and for the planning commission. the planning commission was told that but somehow it escapes their attention. they were told to let go. this lawyer keeps writing back and completely unresponsive. the size, it is certainly over 5,000 square feet. the way condos and coop's including the deck belonging to that 1 unit. >> thank you, would the variance holder care to speak under rebuttal? okay, there is three 3 minutes for the zoning ad

appellant made a comment that tndc would like the buy the property. commissioner at the planning commission meeting held up a letter and said at the october 13th planning commission meeting this letter state to me that tndc isn't interested in this property. that's not a quote, but pretty close. you can look back at the tape if you like. we have tried to sell this property to third parties other than mr. mac ernie. we tried three times. finally, this property, as the appellant points out, a large property. if you look at other properties on that section, all of them have less open space in them than mr. mac ernie's proposing. he's proposing the largest chunk of open space for any building in that area. that's why the zoning commissioner said yes. mac ernie moved things around to accommodate other neighbors. if you look at two of the other buildings on that corner that are almost as large as mr. mac ernie, one is larger, have no open space. thank you. >> okay, we can hear from the zoning administrator, mr. guy speaking first? >> good evening commission

tndc wants to buy it's and the mayor's office says that all cities should consider low income housing. >> okay. we can hear from the variance holder now. is anyone here speaking on behalf of the variance holder? >> good evening. i am the principal in pacific properties. council for the methodist church. the zoning administrator is going to defend the decision tonight. i don't think they have anything to add to that. i would just make a couple corrections. also the art project director is here. there is no 5,000 square foot penthouse. i don't know what she's talking about. there are a lot of disparate comments. if there is something bothering you, i can correct the facts if you have specific questions, otherwise i would prefer to have the zoning administrator explain to you his decision. >> good evening members. i'm gordon, the attorney for nevada state. we have owned the property since 2010. the zoning administrator granted three variances and this is an appeal of those variances. the appellant has said she's only appealing two of them if you read the appeal. three things i would like

what did tndc get? they got a subpoena for all their records. that's why they are not here and for the planning commission. the planning commission was told that but somehow it escapes their attention. they were told to let go. this lawyer keeps writing back and completely unresponsive. the size, it is certainly over 5,000 square feet. the way condos and coop's including the deck belonging to that 1 unit. >> thank you, would the variance holder care to speak under rebuttal? okay, there is three 3 minutes for the zoning administrator. >> thank you scott sanchez planning department. i will be brief. first there were no valid ceqa or conditional use operations. it was unanimously approved by the planning commission. there have been substantial changes made over time. the planning commission did deny this project twice before approving it. in regards to mr. fung's question about whether or not we received code compliance, in regards to the department's design goals we would prefer to have the department in the corners here and require at least a rea