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Beaudin: I'm going to make one last pitch just in terms of the rationale for the setback and I'm not opposed to the line of thinking and I think it's a great conversation. The concern I have is that folks feel like this is going to be right on the sidewalk and really there is that piece of public right-of-way that everyone thinks is theirs, but it really belongs to the public and it varies in dimension anywhere from nothing to 10-15 and in some cases 50 feet. Commissioner Balch: We talked about this over on Dublin Canyon. Beaudin: Yes, on Dublin Canyon it came up. The property line-nobody sees it and people feel like it's their property but it's really not and the same is true here. The Bernal public right-of-way is wider than the Augustine public right-of-way so where there's potentially a five-foot setback on Augustine because the property line is invisible, the structure's actually a fairly similar distance from the back of sidewalk and where there's a one-foot setback on Old Bernal, there's actually a very similar setback to what's on Augustine, so the home will appear as if where nobody can see a property line and nobody's looking at dimensions in a table. This structure will appear to be an equal distance from the back of the sidewalk, so I want that to be out there because it's easy to look at the table and say it's a one-foot setback, but from a design and final product perspective, what we try to do is get this building closer to the corner so it had a different character, and if that's not consistent with the Commission's expectations for this site, then we do need to adjust that. But that was the direction; it was putting the parking behind and getting more of a commercial presence for a commercial district or an office district for that particular piece of the structure. The residential development you'll find on the upper floor is pushed back away from the street in a way that is more typical to the setbacks that would be in other residential districts and I hear the point that our office zoning has a 20-foot front yard setback. I'm just not sure it would accomplish the design objectives we had for this particular project and that might be different from where the Commission wants to go with it, but that's the direction we gave to the applicant in this particular case. Commissioner Allen: Thank you for clarifying that. Could I ask one clarifying question? And I appreciate the City has their piece for where the setback comes in, but that applies to all of our setbacks. So when our leaders had defined setbacks in our documents, like 20 feet or 15 feet, that's on top of whatever the right-of-way is, correct? Beaudin: It's from the property line. Commissioner Allen: Just so we're being apples and apples. Commissioner Balch: Well, no because the property line and the right-of-way could be different, correct? Beaudin: The property line and the back of sidewalk are often different. Commissioner Allen: Okay, that's what's different. Commissioner Balch: Your property line could be right at the curb cut. EXCERPT: DRAFT PLANNING COMMISSION MINUTES, July 13, 2016 Page 15 of 21