Multiple neighbors and a professional surveyor told the commission they believe the applicant’s slope analysis understates the lot’s native grade and therefore allows a taller house than would be permitted if the pre-modification grade were used. Blaine Odessa and others displayed historical photos and argued retaining walls and past grading changed the apparent current grade.
Surveyor Sean Englert presented a 1960 topographic map and estimated that the natural pre-grade slope would be about 13–15 percent, telling commissioners "Everything checked probably within 0.5 a foot to a foot, putting the existing natural grade at 13 to 15%." The applicant’s team countered that prevailing topography that has existed for decades (including a 1957 pad) is the standard the city uses to determine natural grade for slope calculations.
Commissioners reviewed code language giving the authorized reviewing body discretion to determine natural grade and noted that the municipal code permits use of historical photographs, surveys and geotechnical reports in making that determination. The commission ultimately accepted staff’s findings and the prevailing-topography approach for this application, while several commissioners expressed sympathy for neighbors and acknowledged the dispute could reoccur in future applications.