mr. teague? >> good evening, commissioners cory for the planning department staff and just to go back to 1997, 2000 there was a permit in 97 and a board of appeals case in 2000 on that permit where the board of appeals did rule that the schedule of work had been exceeded and that part of that work was the removal of the one existing off street parking space and in the garage, which was removed, and without authorization, and it did require that parking space to be back for the project to meet the planning code which resulted in a notice of special restrictions being recorded on the property. and in conjunction with a building permit to correct the violation, and which basically stated that for a period of a year, the project sponsor may obtain the off street parking through a nearby property. and in the meantime, they would file a permit to construct a new garage or otherwise provide the required off street parking space, which would require a variance, the project sponsor did that in 2000 and th

mr. teague the za allows certain types of uses if it is a certain height, above the limited height above the natural grade, is that a written interpretation. >> no it is not a written interpretation. >> how would people know about it? >> well, some, we have interpretations that are or have just been through practice and have never been put into the written interpretation and some of those are in the process of being written and putting into the code, and interpretations over time, it could be a little one wildy and we are actually working on improving the interpretation and cleaning them up and adding more of these that have been practiced over time and have not been put into the code and i can't give a specific reason why this particular one has not been written into the code, but it has been practiced >> previously or this one? >> this one. >> it does extend beyond 12 feet and just to look at it from this angle and if you wanted to apply the revisions, it would be only four feet too deep if it was subject to 136, 25 instead of 36. >> mr. duffy. >> commissioners just as you inspect the