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Difference of the height and the zone height limit with the mechanicals but i wanted to point out there is some discussion about this height being out of character with the overall skyline and we worked with the developer on the issue in the past and it is true that the original proposal was over 600 feet and we werent comfortable with that because we feel its important to maintain the urban design and stepping up to the heart of the skyline and thats what this height does and it steps up here and thousand feet at the Transit Center so again all of the heights are this height limit we believe ...

As a break point so condominium above that are much more valuable and that is one of the critical flaw the report to begin with thank you next speaker. Good afternoon supervisors. I want to thank supervisor david chiu has worked very hard over the weekend to bridge the gap. Were 25 feet apart and youre going to say whats the big deal of 25 feet . And i am telling you its a very, very big deal. First of all i want to remind you if you look at the area there is nothing over 400 feet and this particular building which is going to be over 500 square feet is on the tiny floor plate of 10,000 square...

Francisco to be a leader on this and i googled this and there is communities in louisiana talking about this issue and us to lead on this and take control of the air space and i know we are happy to provide whatever assistance we can to go through the process. You probably heard about the case the ninth circuit and the bioreform versus the city and county of honolulu and finding this ordinance was not preempted by federal law and air space is not traditionally devoted to advertisement and its a regulated area so its not the public square. Banner towing is not public speech and with the First A...

Its without recommendation. Is that correct . No. You could put it out with recommendation or without recommendation. Oh im sorry. Thats our advice. When a ceqa appeal is pending but not other land use appeals. Okay. So this appeal is not a due process appeal . Can you explain a little bit . Sure. The reason for the advice on ceqa appeals is has nothing to do with due process issue. Its whether the board can take approval actions during the appeal process. And for the appeal and due process appeal so we have to do it without recommendation. On cu appeals and other appeal there is is not a proh...

The immediate vicinity of this building. Thank you. Thank you. Okay colleagues the item is in the hands of the committee. So colleagues given what i suggested before let me suggest a couple of approaches. If it were up to me i would love to send this out at the 425foot mark which is between where the two parties are and i am happy to support that with recommendation. Assuming youre not comfortable with that send it out without recommendation today and encourage the parties between the next 24 hours to have a clean resolution. Both parties are moved and at this point 25 feet a clean resolution ...