have to go back to the h.p.c. again for hearing? >> clerk: no, it will have to go back to the h.p.c. you are simply making a condition for approval. >> commissioner diamond: there's no way for us to do it on the issue that they said they didn't really have jurisdiction on, it's up to us, it's still going back to us. >> clerk: well, they didn't take up the matter of building separation, they were taking up the matter of the exterior dimensions and massing of the building itself. so they will apparently need to take that matter up again, but for your purposes, for your condition of approval, you're requiring the five-foot set back. >> commissioner diamond: i will vote in favor of it because i think the five-foot set back is a good idea. i'm feeling i wish there were a way to accomplish this without having to subject the project sponsor to more time to go back to the h.p.c., but if that's not possible, we can't do it, but i will vote in favor of commissioner moore's motion. >> clerk: in all likelihood, we can set thi

. >> we will take public comment on our arc and h.p.c. minutes? >> we should. members of the public to address the commission in regard to the minutes, please call the 800 number, press pound and pound and 1 and zero to enter the queue. public comment please. >> do we have anyone in the queue, j on. sie? >> we don't have any. >> very good, commissioners the matter is before you. >> any comments? >> commissioner johns. >> i move the minutes as amended be approved. >> second. >> i did have one question or comment. on item 11:0 11 at a we listed e public speakers for legacy business. they were not able to participate. do we need to strike them or put an asterisk by their name? do you have an opinion on that? >> are you suggesting? >> i would suggest perhaps we just strike their names. they were on the line but they weren't able to speak so we weren't able to have their participation. do you have a recommendation? >> well, actually, josie can you recall if the members of the public identified on the minutes actually spoke or not? >> i suggest we strike their names.

. >> we will take public comment on our arc and h.p.c. minutes? >> we should. members of the public to address the commission in regard to the minutes, please call the 800 number, press pound and pound and 1 and zero to enter the queue. public comment please. >> do we have anyone in the queue, j on. sie? >> we don't have any. >> very good, commissioners the matter is before you. >> any comments? >> commissioner johns. >> i move the minutes as amended be approved. >> second. >> i did have one question or comment. on item 11:0 11 at a we listed e public speakers for legacy business. they were not able to participate. do we need to strike them or put an asterisk by their name? do you have an opinion on that? >> are you suggesting? >> i would suggest perhaps we just strike their names. they were on the line but they weren't able to speak so we weren't able to have their participation. do you have a recommendation? >> well, actually, josie can you recall if the members of the public identified on the minutes actually spoke or not? >> i suggest we strike their names.