Staff is supporting the flood plane alteration permit. We believe those codes are standards are met. However, we do not agree that the variance standards are met. With the variance, there are certain things we look at and ask ourselves. First, does it um does it follow the intent of the zoning ordinance? Essentially, the tree protection ordinance is balancing property owner rights and preserving trees limiting tree removal.

We believe the tree does not technically have to be removed. We we've designed and complied without tree with the tree not being removed. Correct. But now 11 days before the commission, they called and told me I needed a a tree ordinance variance because that box elder has greater than 30% root damage and that I that was never explained a year ago, 6 months ago, 8 months ago, four months ago, never explained to me that roots would be an issue.

Having one box elder tree go is not a big deal to me. Um, if I met Withers, I would say we would move forward and say it's okay. I do think a boxelder tree is a good tree. Um, however, from what I read, we're looking at you still have nine of 14 high priority trees in this property. It's a little over was a 0.54 acres and you still have nine of 15 significant trees left.

My first recommendation would be that you um vote on the um recommendation of of city staff. So vote that up or down. Then I think that you're going to want to make another recommend or another recommendation after that which would be to adopt the resolution approving a flood plane alteration permit and a tree variance. And the reasons that I heard you say are that um the site is very constrained given the existing easements giving flood plane um and given the fact that it's already a buildable lot because there is an existing home on it.

In the opinion of staff we do think that this proposal is reasonable and appropriate. It continues those redevelopment activities that have long occurred in this corridor. We do understand that this would um continue um development in an area that has experienced development fatigue. Um we also understand that redevelopment of this site is inevitable, be it this project or another project proposed in the near future or the or the distant future.

Well, uh to be perfectly transparent, uh we didn't have uh staff support on that. Um we uh struggled with design. We ran through many complications uh with regard to indoor parking and uh setbacks, all those things. And when it came down to it, we didn't have support of staff. So, we decided not to go forward. We we post not postponed but we withdrew our uh we didn't withdraw we stalled our our application uh and then started working with staff again about okay what could really work here and what could you support and that took many months and so that's how we got here today.

My answer to that question is this land, this last parcel matters more than anything because it's the last emergency valve that we have in this whole corridor. The Burke was admittedly underparked. The Deveil the the I shouldn't say that improperly parked in that it was very little surface. They have an abundance of underground parking that people don't want to use. Um we went through a lot to get no parking on Fairfield Court. Fair or Fairfield Road. Fairfield Road is very narrow.

Something I guess I just want to reiterate about our neighborhood, we we already contributed to density in the city and we had, according to my calculations, we had 190 owner owner owned units of either town homes or condos in the three associations that are most affected by this. We're now outnumbered. The apartments already have 372 between the Veil and the Burke and they have to go through our property to get to Oberlin Park. So that all the way there there's usually dog bags and dog waste all along the sidewalk and then they come back into our property.

I was on the original council when we decided to make this area as you had mentioned and staff has been wonderful. It was a lot of little houses and this and that and we made it a tax increment financing district. We did indeed move the church. We did indeed um make some plans. you have the original. Thank you so much. I was going to ask for that, but this was not at all what we had in mind.