what did tndc get? they got a subpoena for all their records. that's why they are not here and for the planning commission. the planning commission was told that but somehow it escapes their attention. they were told to let go. this lawyer keeps writing back and completely unresponsive. the size, it is certainly over 5,000 square feet. the way condos and coop's including the deck belonging to that 1 unit. >> thank you, would the variance holder care to speak under rebuttal? okay, there is three 3 minutes for the zoning administrator. >> thank you scott sanchez planning department. i will be brief. first there were no valid ceqa or conditional use operations. it was unanimously approved by the planning commission. there have been substantial changes made over time. the planning commission did deny this project twice before approving it. in regards to mr. fung's question about whether or not we received code compliance, in regards to the department's design goals we would prefer to have the department in the corners here and require at least a rea