been seconded to take dr and deny the building permit application, on that motion, commissioner johnsjoh johnson. so moved, that motion passes unanimously 6-0. items 9 a and b for case number 2009.1011 drp and var, mission street, this is discretionary review and consideration of rear yard modification. >> good afternoon, commissioners, planning department staff. the project before you is a discretionary review of the building permit application to construct a 4-8 story mixed use building on a vacant lot in the mission street transit district. the project includes 37 residential dwelling units, 1425 square feet of ground approximate floor retail, 37 class one and bicycle parking spaces and usable open space through combination of private and common open space. the discretionary review request states that the high end commercial space will create upward pressure in the neighborhood and will not be available to smaller locally serving businesses. the project is in direct conflict with preserving the cultural diversity of the busine business. and that it does not provide enough below market rate ho