applicant, it is totally consistent with the neighborhood. anything else would be inconsistent, including having to raise the retaining wall, and i move we do not take d.r. this should never have been before us. commissioner borden: i would have to say the same thing. i was confused, because once they have the permit, it doesn't matter what we do because they can still remove the three. it is actually a moot point, there is not anything to be done. i always think it would be great to save a tree, in this case, it doesn't make sense to put it on the upward sloping portion. it probably requires more excavation and as more of a danger to the neighborhood streets and the trees having it on the upward portion of that retaining wall. just from a technical standpoint, it doesn't make sense to put the garage there. there is a reason why they put them on the downward sloping parts of the lot. what concerns me is that there is a history of conflict a route of this situation. i think what is difficult for us, is that people use all the different processes to keep an issue going in circles, and for me, it is sending a little bit of a message. once something has bee