mr. hillis to take d-r and simplify the building to have the notch match what's below and i would support that motion. >> commissioners, there is a motion and a second to take d-r and square off the fourth floor to match the third floor. on that motion, commissioner antonini? >> no. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> and commission president wu? >> no. >> that motion passes 4 to 2 with commissioners antonini and wu voting against. commissioners, it will place you on your last agendized item number 13, case no. 2013.1133d for 1070 green street. ~ at, mandatory discretionary review. >> good evening, members of the committee. commissioner byrne, planning department staff. the item before you is for mandatory discretionary review for the merger at 1070 grand street. the project sponsor proposes to merge two dwelling units into one unit resulting in the elimination of one unit in an existing 47 unit building. proposed for merger are one bedroom, one bathroom condo and the adjoining two-bedroom 1-1/2

hillis. >> first of all, i want to agree with the commenters who said what they said so thank you, mr. star if he start a department of mc d i nominate you open the president. i'm in supportive of expanding the green zones. i think mc ds are well run i live near one their prime magnets and think they're not great retail space they're not, you know, your generally not going and getting food and i think i'll stop in the mc d they're a dead area. i want to have them improve their look and i think, you know, the clustering issue we have not addressed because we are the space in the city is limited i think we want to improve how we looked at clustering of mc d but generally, the second i think we should encourage them on a second floor so reduced buffer areas where their loenthd on the second floor where there maybe not a c u but i encourage them and try to promote the second floor use. the school buffer zone this is one of the things we feel good about one thousand feet from the school i have kids in the schools i might say one thousand feet from a ice cream store but i'm for the burst sch

hillis. commissioner moore. commissioner sugaya. commissioner fung and commissioners president president chiu u wu so moved, commissioners, that motion passes unanimously 7 to zero and acting the early administrator >> mr. sanchez was called away and he'll be taking this under advertisement and if you have any questions contact the staff. >> formerly close the public hearing on the variance as well. thank you >> if we can move on to items 12 a and b for the 1074 sanchez street i want to note after hearing the matter was continued to february 6th by the vote of 6 to zero and commissioner fung was absent in order for you to participate you have to say you've received the hearing. >> i'm prepared to vote. i also want to say the new representation from the planning department is to take dr and disapprove. good afternoon >> good afternoon casey department staff. the item is a proposal to merge three dwelling units into 2 marry the proposal was original heard on december 12, 2013, at which time it was continued and requested the project sponsor provide a alternative plan. the size of the retained unit increased the size of the newly emerged unit. subsequentially changes to the planning code took effect requi

clarification, in essence commissioner hillis is come what correct, we are going from 3-1 because there is no intention to rent this on the market as i understand it which bothers mr., but, also i think if the vote goes to approve the project which is the current motion, we are going to have to continue it in order to make findings because the recommendation is not to approve it. we don't to have do that? okay. we still have to have some reasons for why the approval is being made. so, i think commissioner antonini and his second should articulate a little bit more why the criteria have been met rather than the staff recommendation which says they haven't been met or at least 4 out of 6, whatever the count is. >> commissioner antonini? >>commissioner michael j. antonini: first of all i think they represent two separate units. the master unit is not a huge unit especially for a family with children and then other unit is 500 feet now which has a one bedroom. it's certainly much bigger than many units we approve and it's certainly a freestanding unit that would be available were the situation to change. we are always approving things that might be. they are independe