they submitted the vaengs. -- variance. >> i'm sorry, this whole retaining wall. i'm want to get my head around that. if the property line would have been at the retaining wall they would have been able to build from the retaining wall. too planning coda allows a fence up to 10 feet in height in a required rear yard. when there is a retaining wall the calculation can be different. it depends on whether you are retaining existing grade or building upgrade for a retaining wall. you would at least be able to do 42-inch tall on top of that at the absolute minimum but we would need to look at the natural grade, but definitely what we have here the property line is at the bottom of the retaining wall and not at the top. had it been at the top, there would have been different calculations applied to the code. the real problem here getting to the problem is the retaining wall is not on their property. had they done that, i think everything here would have been okay. >> okay. >> we suspended it. they promptly filed a variance in july. we received a lot of concerns from the