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 is keeping with the overall design character and the heights in 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
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 feet, half of the size of any building around there we think its out of place. We also think that the developer has a lot of room to go. You have heard from our lawyer. You have heard from various studies that we have done. Hes going to make a tremendous profit. And 25 feet is not very much to ask for. It will be a real shame if we cannot compromise. I know you have said supervisor kim youre supp
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 Amendment and this is viewpoint neutral. Even though the plaintiff was Abortion Organization and this is neutral and you have specific tourism interest in this as well and it minimizes traffic distractions as well and the kiosks and the distractions and we are happy to provide assistance. I want to read a statement from Catherine Howard from the park alliance. They support this legislation as well
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 prohibition on the board on the committee moving with or without recommendation. Okay thank you for that correction. Supervisor kim. Thank you. I wanted to clarify so i have an understanding where were at and president chiu you said 25 feet difference but i thought i heard theyre at 480. Right now its at 480 but according to mr. Jeffreys there was a willingness in the conversations in the last days to
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 of years of litigation and continued controversy over this project. Now if there is no resolution by the time we need to vote tomorrow at the board and if were forced to decide this up or down i dont know at this moment how i will vote, but again i am eternally hopeful. And my understanding is we have to put this out with recommendation given we have appeal without recommendation. Without recommen