i fully under what alan martinez said in your comments about it and we would definitely work with the department to ~ as i say, roof scape this so that it has a little more organization and address he your concerns. because i do appreciate -- they're very valid comments. >> [speaker not understood] to understand you want to have a common roof deck, which i'm in support of because building owners or building occupants use those [speaker not understood]. but i believe that the private roof decks are an excessive requirement and i do not think that i can support it, partially because you are already asking for a height exception. by now occupying the roof, it puts that much additional space which goes beyond just the common deck. it's just asking for too much. >> if i may rehe expectfully ask, we are not asking for a height limit variance. we are not. we are within the height limit. >> the height limit is 50 from what i understand. >> no, it's 65 feet. it's 65 feet. we need to go for conditional use over 50 feet, but 65 feet is the height limit. we're within the height limit. there's no

my name is alan martinez. i'm here representing myself. when you [speaker not understood] and other penthouse he was written, what could be expected was a small one stair penthouse going up to a laundry line. that's how old this exception s. it's been around as long as i've been working. i don't think it was anticipated at the time that we would be transferring the open space from the bulk of the building to the roof as a routine way of meeting the open space requirements. and that is happening more and more, where the open space requirement is being met on the roof either originally as public -- as shared open space that now more and more is private open space. what this has meant is a proliferation of private stair penthouses. together with the public stair penthouses and the elevator, you know, what's the point of having a height limit when you have a wall of structures across the building? i don't think that this is what was intended by that code section that was written back in the '50s or '60s as an exception. and this does not compl