vice president garciaparra: -- garcial -- garcia: i do not have that motion. does someone else? commissioner fung: i do not have that motion. vice president garcia: i do not have that motion. >> a section 309 exception? vice president garcia: you read my mind. director goldstein: a motion -- president goh: i have a question. >> you did state that there is no error, the substantial evidence to support this. president goh: it was your language that made me wonder if i was mistaken. vice president garcia: this would be as if a variance, right? >> the zoning administrator hazmat. this is discretionary. you are upholding the planning commission action for the reasons stated in their findings. director goldstein: on that, commissioner peterson, vice president garcia, commissioner fung. that is 4-1. we will move to the last item on the calendar, which is item number eight. appeal number 11-027. this is against the department. the property is on jones street, protesting the issuance of february 16, 2011, a permit to alter a building. this is nonstructural. we will start with the appella