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Currently, the Sunroad Centrum 12 structure is 14-stories and 10 percent over the permitted floor area of 306,000, which violates the Building Permit and the Municipal Code. To conform to the law, the 14th-Story Penthouse/Utility Room/Architectural Details (10.73 feet) and the 13th-Story Phantom floor (at 15 of 17.33 feet of the 12th floor) and their associated square footage need be removed. Lowering the structure to any height less than 166.94 feet (180 n 10.73 n 2.33 =166.94) would make the building conform to the existing Building Permit (12-story structure with 306,000 square feet) and Municipal Code. Hence, the lobbying effort by Mr. Waring for a height of 166 feet which still violates the FAA regulations. It takes just as much effort to lower the roof of the 12th floor by 9.27 feet (for 160 feet) as it does by 3.27 feet (for 166 feet). Mr. Aguirre is correct; Mr. Waring is undermining the City of San Diego’s case and is trying to help Sunroad in their $40 million dollar lawsuit against the citizens of San Diego.