18 commissioner antonini. >> commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu and so moved, commissioners, that motion passes unanimously 6 to zero and places you in general public comment. >> any general public comment seeing none, public comment is closed. meeting adjourned

commissioner wu commissioner antonini commissioner moore and commissioner richards we do expect commissioner hillis and commissioner johnson we don't expect commissioner president fong to be present commissioners, that places you under your is items for continuance item one at 1444 discretionary review is proposed for continuance jill july 16th and case no. 2 for bay street is proposed for continuance until july 6th and next is order court discretionary review and various to august 15, 2015 next at order court discretionary review and variance are proposed for august 13, 2015 item 5 for has to do with i didn't discretionary review authorization is proposed until august 1, 2015, and item 6 ab at silver avenue planning code zoning and confusion are continued until august 15th further under our discretionary review claurdz item 18 ab at jackson street discretionary review have been withdrawn. >> thank you. >> any public comment on the continuance calendar? chris parks >> hi good afternoon. i'm chris parks the dr requester for the 2224 order courts i supported the continuance i am i and others n

antonini. >> commissioner hillis commissioner moore commissioner richards and commissioner wu so moved, commissioners, that motion passes unanimously 5 to zero. >> the commission will >> good afternoon and welcome back to the planning commission regular hearing for remind the members of the audience that the commission does not tolerate disruptions of any kind. commissioners, we left off under your regular calendar item 10 pca zoning district properties on oceanic a zoning map amendments. >> good afternoon. dr requester river i'm from rh2 to ocean avenue neighborhood neighborhood transit district i'd like to provide supervisor yee's office a chance to present to you. >> thank you. >> good afternoon, commissioners thank you for hearing this item i'm here on behalf of supervisor norman yee and mr. sanchez said this will expand the neighborhood properties on ocean avenue that are current rh2 and n one it allows the owners of the properties facing ocean avenue to transform their garages or combrrz into retail space an option for businesses along ocean avenue especially around the balboa pa

antonini arrest commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu and commissioner president fong so moved, commissioners, that motion passes amazing 7 to zero and place on our final agendized item general public comment i have no speaker cards. >> seeing none, public comment is closed meeting is adjourned and go . >> america and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all vvptd i'd like to take roll please. commissioner president loftus's is excused commissioner turman commissioner marshall in route commissioner dejesus commissioner mazzucco commissioner hwang commissioner melara economic development commissioner turman you have quorum and with us is the chief chief suhr. >> thank you. i'll note that joyce hicks the director is in route as well she'll be here shortly ladies and gentlemen welcome to the wedneay, june 3, 2015 san francisco police commission meeting let's start off with first item. >> item one general public comment at this time, members of the public may address the comm

antonini. >> commissioner hillis commissioner moore. >> commissioner richards. >> no and commissioner wu. >> no. >> okay. that motion actually passes under a procedural matter. >> 3 to 2 this matter will be calendar for august 6th. >> commissioners just for the benefit of the public in our selves item 12 a on grand view discretionary review that matter has been withdrawn zoning administrator will hear the variance matter once you adjourn our hearing if those people departing the chambers can do so quietly we have other matters to take care of. >> commissioner our consent calendar. >> i would actually like to resend my vote in support of august 3rd and vote against the island to actually vote no. >> call the question again. >> that's happened before i have the same rights. >> we have to through the chair reopen the item and then take a new vote. >> okay. >> let's do that. >> through the chair. >> commissioners we'll return to the consideration of item proposed for continuance items ab for the case and cu a at brooirnt street which is proposed until july 2nd we had a there is a motion a

hillis commissioner johnson commissioner moore commissioner richards commissioner wu and commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero and place you under our discretionary review calendar for item number ten at mangles after a discretionary review planning commission dennis herrera dell vin before i do a presentation i did want to bring to the commission attendance that they have been expressed concerns about the quality of the presented drawings on this particular item and from the commission feels that there needs to be enhancement improvements on those presentations drawings we'll be willing to consider from the commission determines if this is necessary to continue or prefer me to do did presentation. >> councilmember glover. >> i'd like to bring to the commission attendance i brought the deficiency their impossible to understand the package came back but is incomplete no dimensions locking on the seekers if you place the building both a non-dimension space anyone that requests this includes the relationship to the rear yard which n

commissioner president fong commissioner wu commissioner antonini commissioner johnson commissioner moore commissioner richards we do expect commissioner hillis to arrive late commissioners we have first on the agenda is commission matters item one deposition felt draft minutes for may 21st joint hearing with the rec and park and the draft minutes for the 2015 regular hearing i'll like to note the joint hearing minutes will be amended commissioner hillis and commissioner johnson were absent and the draft minutes for the may 21st will be amended to correct typos i have no speaker cards. >> is there any public comment on the draft minutes of may 21st not seeing any public comment is closed. >> commissioner antonini. >> move to approve the draft minutes for the regular and joint special on the agenda- a joint meeting with rec and park. >> is there a second. >> second. >> thank you, commissioners on that motion to definite the minutes commissioner antonini commissioner johnson commissioner moore commissioner richards commissioner wu and commissioner president fong so moved, commissioners, tha

. >> commissioner frost commissioner lee commissioner joseph commissioner vice president moshoyannis commissioner perez commissioner caminong commissioner president tan we have a full compliment of commissioners. >> full house kind of nice we have a fairly short agenda today, the first item is public comment this is an opportunity for public comment on anything that is not curling agendized i'd like to comment on any public comment seeing none public comment is closed. item 2 the review and exhaustively of the minutes from may 5th. >> commissioners any changes or happy to entertain a motion. >> i move to approve. >> there is a motion and a second sxhauf abstain commissioner lee commissioner joseph commissioner vice president moshoyannis commissioner perez commissioner caminong commissioner president tan motion passes the - >> so commissioner caminong were you automobiles he was absences scratch her i do having i have to redo it. >> i'll redo it once again commissioner frost public school abstain commissioner lee commissioner joseph commissioner vice president moshoyannis commissioner

antonini. >> no commissioner hillis no. >> commissioner moore. >> commissioner richards and commissioner wu. >> no that motion fails 2 to 3. >> commissioner antonini. >> move to continue, however, for two weeks. >> two weeks commission will put us on july 2nd which with 2000 brought in september is not two impacted. >> july 2nd. >> do i hear a second. >> second. >> thank you commissioner richards on that motion to continue this matter commissioner antonini. >> commissioner hillis commissioner moore commissioner richards and commissioner wu so moved, commissioners, that motion passes unanimously 5 to zero. >> commissioners that places you under on department matters directors announcements. >> commissioner good afternoon i don't have particular announcements but ask kate from the district attorney's office city attorney's office to talk about a state superior court. >> commissioners from the city attorney's office you've probably heard about it may be a a lot there was an important land use decision the california sfrikt held that the inclusionary housing are generally police power laws t

. >> commissioner okay. wended la porte sign a lease with the property owner kubrick >> testifier: the lease, i believe, was signed in september or -- i would say around september of 2013. the construction began in february of 2014. >> commissioner thank you. >> clerk: we can take rebuttal from the permit holder now. >> testifier: thank you. steve -- him after the permit holder. a couple points i want to make. one is, was a document and this number of construction mitigation measures that support them the secret document incorporated into the planning commission approval. the construction and demolition measures that we agreed you would la porte go far beyond those measures and the exhibit b to our grief has exhibits that show those construction measures. window point threatened to withdraw the offer for those construction matters of import if there was a final agreement mac we did, however, condition a commitment to spend hundreds of thousands of dollars to add windows to the la porte school under being in

antonini commissioner hillis commissioner moore no. >> commissioner richards marry no arrest commissioner wu. >> that fails 3 to 2. >> commissioner antonini. >> the best to continue to september 10th for this item, item one ab second. >> commissioner richards. >> second. >> commissioners, if there's nothing further on that motion to september 10th commissioner antonini. >> commissioner hillis commissioner moore commissioner richards and commissioner wu. >> so moved, commissioners, that motion passes the new date is september 10th. >> commissioners, if there's nothing further on items one ab we can move on to the consent calendar consent calendar and may be acted upon by a single roll call vote of the commission. there will be no separate discussion of these items a member of the commission, the public, or staff so requests in which event the matter shall be removed from the consent calendar and considered as a separate item at this or a future hearing. you have one item under consent cu a at rhode island street conditional use authorization i have no speaker cards. >> is there any public

marshall commissioner dejesus commissioner mazzucco commissioner hwang commissioner melara that motion passes unanimously. >> okay. so let's take the second motion. >> second motion was made by commissioner dejesus and nominated commissioner turman for the re-election and seconded by the commissioner melara. >> any discussion before we go into the vote. >> commissioner president loftus commissioner marshall i'm glad you a modest that back in time to vote on that it would be hard to vote if you weren't here (laughter) commissioner dejesus commissioner mazzucco commissioner hwang. >> commissioner melara that motion also passed unanimously (clapping) i will thank you all for that kind support i will say i'm got tremendous reporter phenomenon the commission and each the colleagues that means a lot to have your support it is an important time for the department of we've working hard and much more ahead for us i'm grateful to work with each of you thank you for your support. >> well, man of many words thank you so much. >> i'm glad to be back on the commission we've got a lot of hard work an

commissioner president fong commissioner antonini commissioner hillis commissioner moore commissioner richards we expect commissioner wu to be late and commissioner johnson for absent commissioners, the first item on your agenda proposed for continuance item one is at california street is proposed to june you figure out 2015 and next rezoning properties and zoning map are june 18, 2015 case 3 at pine street conditional use authorization is proposed for definitely continuance i have not 0 other items proposed for continuance i'll check on those any public comment on this item? for the items proposed for continuance not seeing any public comment is closed. >> and any commissioners feel like making a motion commissioner moore. >> (inaudible). >> thank you commissioner on that motion to continue matters as proposed commissioner antonini commissioner hillis commissioner moore commissioner richards and commissioner president fong so moved, commissioners, that motion passes unanimously 5 to zero and places you on commissioner matters draft minutes for the rules committee and the may 14 regul

>> commissioner yes >> testifier: yes it is more of a factor of a height limit. >> commissioner that does not apply in this instance? >> testifier: in terms of awful lot coverage ground-floor, no >> commissioner could you clarify what is ddr >> testifier: transferable to bauman writes if you have certain historical moment sides you can sell the development potential because of your sar which of the amount square footage you can develop certain districts if your building is built to 5000 ft.2 but under the zoning you built 50,000 ft.2 then you could sell off that 45,000 unit potential to someone else and they can go above their otherwise maximum on another property practice was something that created as part of the downtown plan in 1985 as an incentive to maintain and store properties because they take that money than invest back into the store property. >> clerk: i think inspector -- is about to walk in the door. i note commissioner had a question frame if you could give him a minute. >> commissioner: i can have a discussion with the mr. -- or the project sponsor. if i remember corre

>> commissioner yes. thank you for the suggestion. >> commissioner it was a true rule is not to occur until >> clerk: a planting permit. until a planet planting permit is issued. .>> staff: until a planting permit is issued. very well there is a motion on the floor than from commissioner, tech to uphold this permit on condition that the tree removal is not occur until the planting permit is issued. this is on the basis of the parties need more time. to seek a resolution. on a motion to up old pres. lazarus aye is present honda aye commissioner wilson dick aye commissioner sweet is absent the boat is 4-0 this permit is uphold with that condition and on the basis. >> clerk: thank you. item he has been withdrawn with and move on to item 9. that his appeal number 15 060 mere talebi vs. the planning apartment approvals of the property at 2744 center street. protesting the issuance on april 3, 2015 to brian courtney gerardo of an alteration permit. door for this permit is under the only -- [inaudible] person se

commissioner president fong commissioner antonini commissioner hillis and commissioner richards we expectmissioner moore and commissioner wu to be absent and commissioner johnson to arrive late commissioner first is the continuance calendar for the 24th are promoted for continuance until june 25th and next case capital avenue is proposed for continuance until july 9th and further under our discretionary use authorization calendar commissioners we've received confirmation that item 10 maple street a discretionary review has been withdrawn. >> okay. any public comment on the items proposed for continuance okay. seeing none public comment is closed. . >> move to continue items one and two to the dates specified. >> second on that motion to continue. >> commissioner antonini. >> commissioner hillis commissioner hillis and commissioner president fong so moved, commissioners, that motion passes unanimously 4 to zero zoning administrator, what say you? continue item one to the date specified. >> thank you commissioners that places you under our consent calendar at this time, members of the publi

thank you. >> clerk: >> commissioner evelyn knows right voted last time. >> commissioner given situation. richard was speaking for myself, i would never be against small business and for many policies to do without, however, that is really a discussion that occurs at the commission. the issue here is whether new information has manifested. the appellant had multiple opportunities, and quite a bit of time, to produce these kind of associations that have been brought forth, after he has been revoked. have not seen any current occupation. just references. i am not prepared to support a new hearing. >> commissioner: i am not either. it all feels very fabricated to me. >> commissioner: every windows, and about >> commissioner: i am going to move to deny the request for a new hearing based on no new information has been provided. >> clerk: commissioner aye mr. pachinko staff it >> clerk: there is a motion on the floor to deny a request for a new hearing. on emotion, pres. lazarus aye vice president aye commissioner sweet is absent. the boat is 3-1 this rehearing request is denied and a notice

i. >> commissioner: i am similar, with my fellow commissioners. unfortunately, the problem here it is time has lapsed for quite some time,, and you neighbors have moved in and feel that the process has not occurred. on posted, they given the wrong information from the planning dept. in regards to 311 should not apply directive arctic onto this already. so, as much as i would like due process to happen here, unfortunately this is headed stay already. >> commissioner: i moved to deny the request for jurisdiction. >> clerk: thank you. there is a motion on the floor to deny the jurisdiction request from commissioner cohen. on this motion tonight present a lot of us aye as president aye commissioner wilson aye commissioners bay area aqmd is absent the vote is 4-0 it is denied and no appeal may be filed at for this permit >> clerk: were going to take a break. >>[gavel] >> clerk: welcome back to the board appeals: item 7. transferee vs. dept. of pub. works properties that 1850 and 81 -- and also create first-rate the issuance from april 2, 2015. that tre

i speak in support of commissioner my birder's nomination. again commissioner stansberry. stansberry's plans beneficiaries of his parents. during the february discussion on hedge funds, in his motion to reject thoughtful amendments to the hedge fund rfp in march, for two examples demonstrate his lack of credentials to become vice president. by contrast, i have witnessed numerous examples of my birder with tics due diligence on a number of issues, including due diligence regarding the sale of the concepts currency over light hedge funds debacle, questions about fossil fuel investment, the investors, questions regarding investing in hedge funds in february, and important key amendments to the hedge fund rfp in march. since i began attending our meetings, alarmed about the hedge funds, i have ranked you commissioners abilities with my birder most effective. followed in descending order by commissioner bridges, matt chris, cohen, asking jordan, driscoll and in dead last place, stansberry. you do not want dead last becoming vp. do you? >> any other public comment? >> thank you

antonini commissioner hillis commissioner moore commissioner richards no commissioner wu commissioner president fong no. >> that motion passes 4 to to with commissioners commissioner richards and commissioner president fong voting against commissioners that places us under our discretionary review calendar for item 10 for case this is a staff initiated discretionary review. >> golden gate bridge commissioners michael smith planning department staff that is the discretionary review for the project at 372 sucking sick street the construction of a two story edition at the rear of a split-level single-family unit the department initiated the dr it was previously reviewed by the commission pursuant to the discretionary review action memo what dr was requested by the adjacent neighbors to the west with the dr action memo the commission voted plus 6 to one to take discretionary review and approve the permit inform one have the circle last year stalkers or staircases and remove the east deck adjacent to the master bedroom and 3 provide access to the new roof deck and to the stair penthouse ab

ortiz-cartagena commissioner tour-sarkissian commissioner white commissioner l. riley mr. president, you have worm shall we move on to item. >> before we move on you need to make note that commissioner adams is absent and commissioner adams is absent. >> he has an executed absent commissioner dooley. >> sheet she's not stated she's not at this time, members of the public may address the commission to the public that are within the subject matter jurisdiction of the commission except agenda items. with respect to agenda items, address the commission will be afforded when the item is reached in the meeting. each member of the public may. >> do we have any members of the public that wants to comment on items not on tonight's agenda seeing none general comment is closed item 3 item 3 is discussion and possible action to make recommendations to the board of supervisors b o s administrative code for the cannabis legalization task force we have a presentation by jeff aid to supervisor wiener. >> thank you jeff for coming. >> if you for having me from supervisor wiener's

let's take a vote >> commissioner lee commissioner joseph commissioner vice president moshoyannis commissioner perez commissioner caminong commissioner president tan. >> the motion passes hopefully, you'll not hear any more issues so let's take two. >> let's take the next one. >> this is james doing business as 129 ellis a limited live performance permit let's see what we got looks like maybe this is associated i apologize commissioners as you know i didn't begin those permits those are associated with the hotel that give us an idea a italian restaurant with full bar field there you are hey maybe you'll do a better job than i this was done in error this is a limited live performance application so go. >> thank you hi, i'm gym the vice president and general council of the hotel and restaurant our goal to really enhance our business model by we've alternated our breakfast program to expand a limited brunch we want to expand add entertainment during burdensome and want to expand do off night monday and tuesday 8 to expand 10:00 p.m. to expand try to expand attract some of our slower business we'r

antonini commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu so moved, commissioners, that motion passes unanimously 7 to zero commissioners that will place you on item 8 for case at harrison street this is a large authorization and if those are persons exiting the champs could do so quieting and respectfully we have other business to take care of today thank thank you. >> before you is a request for a large request authorization for the harrison that includes the don't guess of the commercial building and construction of a mixed use building that includes 28 hundred square feet from the front on harrison and 7 that single room occupancy the ground floor that fronts the street includes the residential lobby and a corridor that connects the bicycle and entrance off harrison street the project didn't propose any off-street parking but provides secure bilking space and an additional outdoor two spaces with provided. >> side courtyard on the second-story through private decks for the units that face harrison street and 3 thousand roof deck open

there is a motion and a second to approve that commissioner antonini. >> commissioner hillis commissioner moore. >> with the provision that there will be some further discussion between staff and the details materials. >> i believe that is part of the conditions. >> >> a with regard to the sdwnl the proposal eliminate the housing for pacific heights neighborhood for the value of the existence structure is $3.7 million where the special affordability it $1.5 million based on the appraisal the zoning administrator and the administratively approved the don't guess. >> regarding the new construction they're concerned with the newly constructed building reduces the light and air based on the plan and proposal the proposed building pardon me based on the plans the proposed building the dr requesters matched the design guidelines the lightwell are on a in 3 parts of plans in our packet the second concern is the capability with the neighborhood of the proposed building with the neighborhood residential design team reviewed the proposal and find the window alignment and horizon corridors are consi

be here commissioner dejesus thank you is commissioner mazzucco commissioner hwang commissioner melara motion passes unanimously thank you, mr. secretary so begin in august of 2015 the commission meets on the first the second and third the second is our community meeting skeleton by commission secretary for the occasion there's a 5 of the month we'll meet and confer if we'll meet that wednesday. >> all right. next line item. >> line item 3 was the body camera working group you update by commander mosser and line item four. >> we - there was an issue around that that we no longer need to decide thanks to the chief commissioner commissioner dejesus and commissioner president loftus the issue was resolved and the public defender's office will be participating which i think is that i know i thank the department and the commission for working that through and glad glad to hear the t o a will be participating in the working group as you know they're the collective bargaining organization to the extent that in the new dj o effects they're working position they'll have a say in those as well i

. >> commissioner lee commissioner vice president moshoyannis commissioner perez commissioner caminong commissioner president tan i believe that we have commissioner perez present. >> here. >> and we have quorum. >> all right. thank you very much so our first item of business public comment for any public comment that relates to the business of entertainment commission that you don't see agendized any public comment and you absolutely can come up if there's an issue you see agendized we'll tulsa call those at this time please come up to expand the mike. >> what is the agenda are there copies. >> there are copies of the agenda right there. >> so if you're here to expand speak on a permit issue you don't want to expand come up right now but want to expand speak to the police report or staff report but anything else come up come up to the mike if you - >> if you want to pull that one on the right mike towards you and state your name and you're having 2 minutes. >> all right. one of the issues >> yes. you can't do that twice if you're here to expand speak about an item on the agenda you ha

i think we have a passport but >> commissioner: welcome to our world. >> commissioner: let me repeat what i just said. it does matter who it is, there is a driveway that goes so no tree can be planted there. opposite the unit you planted trees there. there is no [inaudible] you put unloading zone in front of another person. there is no tree there. there is a light right across mac i do not think that is a raise their process you have. >> testifier: again will be happy to put it tree that but most of the neighbors and that building did not want to trader matt. we look at moving a tree in front of this and we are making unloading zone swapping between tree unloading zone but did not comply with the fire could because the fire trucks need to get through. so, -- >> commissioner: [inaudible] >> testifier: we are happy to put a tree in front of but the rest of his neighbors work the same issue. i think some of those residents are here and they can speak to that as well. >> commissioner: what is the replacement box size of the replacing trees to it >> testifier: were buying 24 inch boxes. >

commissioner president loftus's is excused commissioner turman commissioner marshall in route commissioner dejesus commissioner mazzucco commissioner hwang commissioner melara economic development commissioner turman you have quorum and with us is the chief chief suhr. >> thank you. i'll note that joyce hicks the director is in route as well she'll be here shortly ladies and gentlemen welcome to the wednesday, june 3, 2015 san francisco police commission meeting let's start off with first item. >> item one general public comment at this time, members of the public may address the commission on items of interest to the public that are within the subject matter jurisdiction of the commission except agenda items. with respect to agenda items, your opportunity to address the commission will be afforded when the item is reached in the meeting. each member of the public may address the commission up to three minutes. neither the police or commissioners are required to respond to questions present by the public but any present a brief erroneous all some refrain from entering into speakers during

melgar commissioner mar commissioner lee commissioner walker and commissioner clinch and sxhaech and commissioner mccray are excused we have quorum and the next item is item b the oath will all parties giving testimony today please stand raise your right hand do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? to the best of our knowledge thank you thank you maybe seated. >> okay so i want to announce at this time that two items on the agenda number 3 case regarding hampton stare street and case regarding hampton stare street have been continued any members of the public that came to speak to that item? no. okay. seeing none item c approval of pins discussion and possible action to do you want the minutes for april 15, 2015 is there a motion? >> yes move to approve. >> second. >> are all commissioners in favor. >> i nancy pelosi's minutes are approved item d new appeals and orders of abatement case shakespeare street shakespeare street san francisco attorney for the appellant reuben, junius & rose action requested by a

lazarus and commissioners. overlay to present tonight again that when we were here last, the we argued that the -- had interfered with sf american taxis ability to come into compliance by denying the transfer of both the medallions as well as, under the dispatch license. the sf ds at that time in by the declarations to that effect. presented to this board were declarations in support of that particular motion. stating that both as a group arrow checker cabs had to transfer both its business license as well as its its cabs under the jurisdiction of sf american taxi, as well as other drivers have stated in the declaration that they have been prevented also from coming under sf american taxis dispatch license. since that time i have continued to research, with other companies were present tonight to -- who also state, that they also have a significant number of cabs, more than 10104 -- who wish to transfer their dispatch license and about such applications with as half the eight balls which are compliant and they

antonini. >> commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner wu so moved, commissioners, that motion passes unanimously 6 to zero. >> the commission b will take a break will take a breakwill take a break break. >> good afternoon and welcome back to the san francisco police commission regular hearing for thursday, june 25, 2015, i'd like to disruptions of any kind. please silence any devices that may sound off during the proceedings. and when speaking before the commission, if you care to, do state your name for the record. commissioners, we left off under our regular calendar on item 14 at market street this is the certification of the final environmental impact report please note to the public comment is closed. on the draft eir is closed the period ends on february 23rd the commission does not review this i'm sorry this is wrong we'll accept public comment on this matter laughter. >> so good afternoon commissioner wu and members of the commission i'm bret with the environmental planning the certification of a final irrelevant or eir for the p

planning commissioner. >> commissioner: if were going to condition finding in fact week they did it because of the wrong calculation so i think it has to be expressed.. i am prepared to do that. i am not interested in the conversation about the working hours because i think there is only so many constituencies that you can accommodate. >> commissioner [inaudible] >> president: that may be to. >> commissioner what kind of our sweet considering commissioner >> commissioner i believe the 309 approval involves, not only do they consider for the approval, but also the mitigations that they attached to it. so, modification or discussion on that approval and its condition, you are saying will require finding a better? >> commissioner it must be >> clerk: the fact that you are relying on to make that fining as well as the fact that you are relying on. basically, the fracture line to make a determination. >> commissioner: so a motion would be to grant the appeal and modify the commissions decision on the basis that they error and accepting calculations regarding the lot coverage and that therefore t