single family house and small project so the test on whether the cad ecs-is there a exception to thethex empson to a cad ex? yes t is called unusual circumstances exemption and the cral supreme court issued out a decision march called berkeley hill side and it is a 2 prong test. the question is one, are there stlsh unusual circumstances in this case? yes, there are. the projsect located on greater than 20 degree slope. it is on a land slide zone and don't know why the building department is saying it isn't a land slide zone because i spoke to tom lay and [inaudible] 3 of the neighbors are on that seismic land slide zone. that is tom rea from the building department. there is also the question-what is unusual about this case that you dont see on telegraph hill is you have a house this close at the base within inches to another house on top that is at the edge of a near vertical unstable slope. that is extremely unusual. you see lot of housing with set backs in hill sides, a lot of set backs, but never a house on the top with now set back and the a huz at the base of no set back. that is high cha