>> mining is patrick -- my name is patrick haggerty. president peterson: speak as part of ms. kenney's time if you like. we will start rebuttal now. >> there have been some mistakes, especially with the notice, whether it is by the planning department oversight, whether it is this your presentation by the contractor. regardless, we have misled neighbors into what the situation is right now. the situation is a zoning violation. the code does not provide for a granting of variance in the case of mistakes made by either side. if it is extraordinary or undue hardship, that is the situation where we grant a variance. hear, the remedy is to deny the variance and to allow neighbors to pursue damages or punishments. the solution is not to say there were mistakes made all around but it is not that big and we will just grant the variance. whether it is a foot and a half, it is a variance. while the planning department might have a policy, section 305 of the code does not provide for that. it is very clear. the case law the board mentioned -- it is a california decision. in that decision