properties, we have the posting requirement. in addition, there is the posted notice. i spoke to the planner. this is the first time i've heard about our staff in forming the request about the building being set back 5 feet. the plans don't show that. i am confused how that might have happened. i have not had the opportunity to directly ask the question to find out what might be the case and if there was a possibility for miscommunication. that is the information i can provide. >> this is not set all the way

down the part of the building is set back. >> to to check for this to the property and it was not the jurisdiction requestor? >> that is correct. it was listed as the previous owner. >> if the owners change, is that done within the best of the ability? >> we provided further notification of the work. >> it seems as though the property was an occupied.

>> one would hope that while the property is being marketed, if there would have been noticed at that time that they would have to indicated potential development of a neighboring property. >> is there any public comment on this item? seeing 9, the matter is submitted. -- seeing none. >> 1 ft. 6 is not deep enough to get a person down to paint. i don't see any use of the process in terms of what occurred.

there was a gap because of the change in ownership. however, i am leading because of the permit holder. if the jurisdiction requestor is allowed to apply some kind of paint that has greater longevity and then this is flashed and there is no uv or rain gets in there, then deciding on that particular property will last like any other property that has a zero property line. >> i am wondering whether or not we would benefit both parties if we were to continue this and allow them to see if

they can avoid having to come back here solve some of these problems themselves. there is pain >> would do the job best described. it seems like there was reasonable issues raised by the requestor and reasonable accommodations made by the permit holder. >> i was living in the same way but i have to remind the jurisdiction requestor that she does that have a lot of bases for us to hear this. i would consider continuing this and allowing the permit- holder and her to come to an amicable agreement.

the only solution would be to flash the gap. >> are there other comments or do we have a motion? >> i would ask the project archi would like to continue ths and i would like to have concurrence on the amount of time that we continue this. >> well, we can talk to the property owner but to put the flashing between the two properties, mainly this would be the building side. i don't know whether the building department would allow us to do that. >> it is very commonly done. >> if we cover this, then this

would be totally loose. there will not be lighting there. that would create a new problem. i am not sure whether the adjacent building would be agreed upon we can definitely talk to the neighbors but at the same time, the construction will be delayed. i don't know if we need to stop the project or wait for the decision. >> i think you have quite a bit of time. >> these just past inspection. you can wait until the next hearing. >> to your question get answered? >> no, but i will continue this until march 23rd.

>> please call the roll. >> we have a motion to continue the item until march 23rd. >> i think we will prepared to make a decision on that. >> on that motion -- the vote is 4-0. this matter is continue to march 23rd. thank you. >> with the consent, and ordered to accommodate a member of the board of supervisors.

please call item number 4d. >> this is a rehearing request. the subject is at 281 turks street. this is requesting a rehearing of appeal number 10-073, decided january 19th, 2011. at that time, the board voted 2/3 to uphold the permit. the permit holder is a drugs pelosi --bay drugs llc. >> the permit holder is willing to provide the board and the appellate with a copy of the transcript with no cost. >> so moved. >> is to any public comment?

>> please call the roll. >> on that motion to designate the transmission -- the transcription as the official record. the voters 4-0. transcription shall be the official record. >> thank you. >> moving on to the hearing, we will start with the requestor.

>> we have to get permission from the housing court. >> approached the microphone quickly. >> the objection, i would like to address what she has to say because there was an article this past saturday about specifically about of the permits. the had a different position that it was very difficult for business owners to face this a process. >> are you asking for extra time? >> no, i would like to address

what she speaks in answer what i have to stay so that she stays during the whole hearing. >> i appreciate you considering letting me speak. many people are here and everyone has a schedule. i am already 15 minutes late. i would like to defer to the commissioners. i understand the concerns. >> i will allow it and i will also give the other side a couple of extra side -- time. >> i apologize for my schedule. this is an important issue for our office. i would like to thank all of the

committee members that have been working on this issue long before i came to this office. this is a very complex issue. this is something that would affect the quality of life of our neighborhood and for our public safety, particularly for the use, families, seniors. these make up a large part of our population in the tenderloin. we also want to thank the commission turned down. the boys and the girls club among others are on the same block as the proposed site.

there is already a similar pharmacy. the community has really felt the impact of these in the tenderloin. last week, the examiner did a story on new rules that allows officers to tack on different penalties for selling hard drugs within a thousand feet of the schools. they did not encompass prescription pills which is a large issue. according to the police, is a problem because of their proper but -- popularity among dealers. the captain for the station also cited that this is one of the top and key intersections for neighborhood. to put another pharmacy in the street is a burden on our neighborhood and community. i want to address something that one of the committee members has already mentioned. residents are able to appeal processes.

we don't want to change the process. committees should have a voice. there is a very large difference between a single neighbor making an appeal versus a large -- that have been around this for months. we want those forces to be heard. we don't want unnecessary burdens for the businesses. we want to taken to balance many community members and their needs and concerns. >> evening, commissioners. >> you have three minutes. >> i am here on behalf of

housing corp. coordinated -- inc.. if you're here tonight and opposing this pharmacy, can you stand up? all of the people who came from many many different hearings. commissioners, i would like you to respectfully see all these people. most of these people live in the neighborhood. they have the right to live in a community free of illicit drug trafficking right on the street. no one denies that allowing this pharmacy will increase the presence of drugs in that community. everyone is on board. you have expressed concern

regarding this and the law enforcement issue rather than an issue for this board. as has been mentioned, business and tax code expressly authorizes this board to take into account the effect on a surrounding community. i know that you are only considering a rehearing request and i'm very see -- sorry to see the commissioner peterson is not here. as i mentioned in the brief,, the only issue you are considering is whether or not to grant a rehearing. your rules allow for a rehearing on the basis of whether the facts in the case are extraordinary or whether there is new and different facts 4 circumstances. the appellants have met both of

those tests. this is an extraordinary case as you have heard. this is a very extraordinary case. this is not just about whether a neighbor can see the skyline or someone's past on the sidewalk is obstructed. this is about the safety and well-being of an entire community. furthermore, the circumstances have changed. yes, they were there for about a month the attorney never made an appearance. this circumstance could have affected the outcome. on those thresholds, the appellants have met the burden for rehearing. the court has severely limited the doctrine of vested rights. you cannot give a permit and

then claim the protections of the law later. respectfully request that you grant a rehearing. thank you. >> would you like some time to address the comments that i allowed? >> "right now we are here for a rehearing request. what they have to show a are new facts or circumstances. the fact that the supervisor came up and spoke is a lot of bells and whistles by. the fact that it affected the neighborhood was presented in earlier hearings.

he said, because he has new council, that will change circumstances. that is not enough. if they change the council after this rehearing request, and the only thing that they cite as an extraordinary circumstances because of the illicit drugs and the neighborhood, etc., etc.. all of this has been heard previously turned down there must be due process here. the rules are clear. the board has to follow its own rules. there is a california case on this.

as they previously refiled the hearing a request and the supplemental request, which is where the new facts and circumstances had to be, there was no new circumstances and nothing extraordinary based on that is for a rehearing request not on the merits. that is all i have to say. are there any questions? >> thank you. are there any department or comments? okay. then we will move into public comment. >> we are at risk of losing our quorum. i will limit public comment to

two minutes. >> i will remind people that the subject tonight is for the rehearing request. you should be speaking to that during your public comments. if you could please step up towards the microphone. if you could please complete a speaker cards either before or after you speak, it would be very helpful to the preparation of the minutes. >> i am the program director at compass children's center. i wish that you would have come on the streets and actually saw what drug situation was going down currently. we have parents that have to walk through people who are

selling drugs. i cannot even see how you think is appropriate. >> if you live in the neighborhood, this is distressing. if there's anything you can do to help the situation, you s thank you, next speaker. >> i live in the neighborhood. the whole issue of the rehearing, they are the ones who wanted to have a rehearing after the decision had been made. that concession was made to them. they claim they did not have any legal counsel at all. that was for them to have the

information made into the record. they have gotten a lot of access leeway. they keep claiming a vested interest but all of the families have a vested interest. i think that our voice should be heard and i think that we need the rehearing. >> thank you. next speaker. >> thank you for hearing me again. i do not live there but i do cross the street very often. i am not a child, as you can see. i think i have the right to be

protected not only on the streets also the people who are in charge of doing such a fine job. we need protection because there are many times that we are alone and we don't have the people to escort from one place to the other. this is very insecure. people should have the right to be heard and protected there is plenty of space that you can think about and give us a chance to be leaving -- living in a comfortable place so we don't have to be checking because we don't know what will happen. thank you. please consider the fact that we should -- >> do you wish to state your name?

>> leonora gomez trejo. >> hello, i have spoken to you before. >> please speak into the microphone. >> i am a new resident of this area. i moved in last year. i had to commute and every day i was going to -- and i had to go through that intersection and this is an absolute nightmare because of the kind of people who are around all of the dispensary and chemist drugstores in that area. as someone who is paying rent, buy and invest it and i would appreciate your consideration. >> thank you. >> i am with the cross-cultural

family center. the teachers have to walk through the streets to pick up our children for an after-school program from the tenderloin elementary school. our children should not be subject to having to deal with a new drug store that will permit those people -- provoke people selling drugs on the streets of the tenderloin. if you have ever had the opportunity, our children need to have a safe environment there is already a pharmacy and a block away. there is no need for a pharmacy. where is the heart? this is not about making money, this is about putting businesses

where they should be and not close to a school. this is a safety issue that our kids are subject to having to have people on drugs for sale. >> thank you. >> [speaking spanish] the

course good afternoon, i have children that live in the neighborhood. i wanted to share with you that i believe as a mother that the children are the future. i don't want them to walk around and see all kinds of drugs and drug dealing. that is what they're accustomed to and i want to get away from that. >> [speaking spanish]

>> my children attend elementary school which is about to and a half blocks away. you see a lot of people engaging in drugs and many people under the influence of narcotics. we are asking you to please saying no to the area -- to the pharmacy. >> [speaking spanish]