Councilwoman Elizabeth Schneider said the only way she would agree to the narrower eaves was if the Danenhauers agreed to drop their suit.
At this point, Kohn requested a closed session to discuss pending litigation.
When the council returned to the dais Kinsman, who had not considered the width of the eaves in previous discussions, posed the question to the Millers and the Danenhauers: Would they comply with Gratz’ offer?
“Asking me to waive my rights is pushing it,” Craig Miller said. “It’s absolutely out of the question.
Kinsman said “I’ll take that as a ‘no.’”
She opined that left the council two choices: approve the 9-foot structure with 1-foot eaves on either side or accept the original reduction from 12 ½ feet to 11 feet with 1-foot eaves, and moved approval of the 1-foot eaves, seconded by Councilman Kelly Boyd.