on the board's comments and the neighbors -- what the neighbors wanted, 500 square feet, no stair or penthouse structure, nothing intrusive a wire or glass railings kept at the minimum height allowed by the code, a hatch or some sort of recessed stair. no large apertenances, and no large set backs, and no lighting up there, since then a big issue. but i couldn't get responses or affirmation on nearly all of those things, so here we are. >> thank you, mr. williams. >> mr. tunney, and sorry, i forgot to disclose. >> tom tunney on behalf of the permit holder. appreciate the opportunity to address this. we are -- would like more time to come up with a plan for the roof deck. we have talked about december 13th with the appellants. we have agreed to give them, to provide them with a plan, drawings ten days in advance of the 13th, december 3rd, that's a sunday. we can figure out exactly when to get it to them. they've sent a list of items. i've explained to mr. williams a few times that we're happy to consider all of them. some of them we already acknowledged, the 500 square foot limitation, but we n

in elevator penthouses due to concerns -- those are the set back stairs, sorry. and here is the second floor with all those units, land locked. in terms of the third variance, street frontage, ntc requires that the first 25 deck be active uses. we have 81% of our ground floor where we cannot do parking, so for us, the amount of four parking spaces, the street front variance is required. i'm going to address the appellant's salty claims that are in their letter. we can talk about the tree more in the rebuttal. the first is the lgbt designation should not be an excuse not to comply with the code. i think variances are just for that purpose to recognize extraordinary circumstances such as an historic structure, and preservation of this resource is a public good, in the variance decision, it says significant area that would otherwise be included in the project's billable envelope is lost due to the potential impacts of the existing historic building, and the rear yard variance is necessary to accommodate a reasonable amount of development. this is -- to the appellant

there is no penthouse stair sca. staircase. there is no manifest injustice o new information and my husband i hope we can finish the remodel e into our home. >> do you have a 3-r report? >> i'm not sure what that is, a. i have a fer mitts that mr. san- permits that mr. sanchez sent. >> that's okay. we'll ask the department. >> thank you. >> thank you. >> mr. teague. >> good evening president honda, commissioners, cory teague fromg department staff. the planning department has reve appellant's request and found is not comply for the request. it does not contain any new infn that has not been provided on ts matter. last we be the other appellant d questions. to support their claim, they prd one page ever a four-page documt stating that the top floor was t legally constructed. they reviewed records and founde document in its entirety. upon reviewing the report baseda site inspection in further an fa condominium, they found that thp floor was illegal. they cited 13 minor items for correction. the report was a fached to per - attach