the city attorney by deciding down and creating habitual space they need light and air that's been looir like a roof deck in reverse on that bedroom and that's their area is this counted in the extension of this. >> the rear yard line is elastic basically what is basically subject to. >> i mean covering you can only cover 2/3rd's of the lot. >> tim frye department staff we'll check with the zoning administrator but my understanding of how he's ruled and reviewed other projects like that he counts all inhabitable areas above and below to a certain extent that is trig the rear yard variance the other thing and if rich can confirm that rich did it require an exposure variants. >> the additional window didn't have it facing the street but it has no facing the street no. >> so it does not. >> to get aubt at our question the retaining is within the yard the retaining walls in the city but the structure the occupied structure requires and variants. >> commissioner wolfram. >> i guess i was saying when i prefer to continue to side more views of this backyard and this retaining wall there is not