have her picture is democrats i think we got a good look at them. -- do you want me to pass over her pictures? as i think we got a good idea of them. i did not work into that area of. thorax is on the other side. >> all the comments relate to existing units. perhaps we saw the same issue with permits, and if adversely affect that particular corridor. people want to be in a nice area.

>> i kept referring to it as a truck. that is not the same as the pictures you are showing? there 1/5 -- they are one-fifth the size. >> there is a wall the people in -- so we see that happening. >> is that a photograph you put on the overhead? >> is. >> i have one last question. texas? >> texas, from dallas. i knew you would ask that question. iraq's we can hear from the permit holder, now -- >> we can hear from the permit holder now. >> i am here on behalf of my

partner. we were here last year in august and in september and we were granted a permit to operate a food cart. we received the extended permit , and as you noted, the letter was mailed out on may 5, and we received a letter given on november 14 with the same issue, so i am here to clarify. let me try to show the concern.

can you see that? >> i think we have abouthat. >> first, concerned that we should close the station. we believe we require it 50 feet from the bus stop. if you see the picture, we are about 50 feet away from the bus stop and also one or two blocks from our station -- from the bart station. she is also concern the we blocked the building and the sidewalk from trafford. i believe we need a minimum of

the sidewalk. -- we meet a minimum of the sidewalk. numbersidewalk elevator access. for your information, our car is located on the yellow commercial. it is not located on the commercial parking zone, and also, in the letter, there is concern about a food truck. we do not operate a food truck. no. 3, and now the concern about additional cleaning and cost of the sidewalk, i believe our

operation will be supplied by the trash can and also the recycle bin, and also, the city requires a cleanup of about 100 feet from the business. we have a permit for that, too, and the last concern about the food smile, -- foods now. now we pack everything. i do not think they are going to smell anything, especially if we clean up after business hours. one more concern, the diagram sees concern.

it is about half a block away from the entrance, and i feel there is nothing to be concerned about, especially across the street from the building. merry-go-round our business area and -- we go around the business area asking for a supportive letter. in less than three days we get more than 100 people supporting us, so it might be closed based on all the information we provided. please give us the permanent and allow us to do business.

thank you curi. >> the card you indicate is 3 feet by 4 feet. the you have to resupply the carts during the course of the hour is your there on any particular day? >> can you repeat that? >> you have to bring more drinks or food during the day to resupply york aren't, region -- to resupply your cart? >> actually, we do bring some

more food in. >> you would have to resupply it? >> yes. >> about was my only question. >> you said you have a picture of the cart. can i see it nema? i think it is in the packet. >> you do not have a photograph? >> i do have photos. bikes that is what it looks like.

-- >> that is what it looks like. >> that is in our packet. >> ok. did you see it is clear? >> that is a pushcart, where are the wheels? >> actually it comes with wheels. >> is a glass case? interesting. france and it got approved. -- >> it got approved. >> wow.

>> i think we are ready to hear from you now. >> commissioners, the department of public works once again. i want to thank the appellant. those permits were issued by the police department. we will be following the merchants themselves and reaffirmed that their requirements under public works , which include managing customers as well as cleanup requirements as established under loughnelaw.

this is to be located across the street. let me provide a diagram. as you can see, the card was plays approximately two and a half feet away from the curved line. there is a seven-foot path awaw. and we will be directing the applicant to make sure they have aldina line that runs along the street to prevent blockage of the sidewalk. moving forward, we do understand the arguments. in this specific case, there is

no blockage of the sidewalk. it satisfies our conditions. the merchants have a very limited menu. there were no objections except for this specific appellant. we did a evaluate it. we have informed the applicant there is a limited number of days they are allowed to operate, and they were given a 60-day window to inform us, which they did in providing the opportunity to do the market studies specifically. they're always appears to be some confusion, and i will talk to the appellant of this

hearing. the notification process is placed on the website for clarity. anyone who wishes to know the information, typically once we provide an e-mail address, we provide notification.

as well as anything the department has. there is nothing in the permit. is limited. we had a public hearing on this. it was a evaluated and is determined there was little impact to local merchants. it appears the appellant is more concerned about the quality of life as to the cleanliness, which the department will start addressing moving forward. we believe they have processed this appropriately.

>> the permit process is the same as for a food truck now? >> it is the same. >> it is safe to assume they did not consider this to be a proliferation of those types of operations? >> that is correct. we are required to notify businesses within 100 feet, which these mobile businesses would be notified also. >> none of them chose to appeal? >> that is correct. >> is there any public comment on this item?

>> good evening, board of commissioners and staff. i am here to make a comment. i am representing french the debt, which is directly across. we just so go for the business. we took over the business on november 1, so we did not know there was a approval for this food drug permit. we felt that these foods are

things that would cater to vietnamese and business people in the area. our main concern is because they are across the street from us, and they are selling the same things, such as vietnamese sandwiches and spring rolls, we are impacted by the amount of fees we have to pay for rent, and those are the options we have to sell during lunch, and we are only open during lunch until about 4:30 in the afternoon, and those are the only times of business and we have, so i wanted to make a comment, and hopefully the

commissioners would take that into consideration that we are in business right now, and we have been open for about a month already, and i hope you would be able to grant this appeal for a permit, and i am available for further questions. >> did you not received any notice on this? >> the only note as we received -- the only notice we received was the appeal notice, because we did not come into the business in the retail space until november 1 of 2011, which

is already passed the time they were granted. they were also granted with two other promises -- other permits. i do not mind it being two trucks, but being across from that, it makes the competition harder for lower overhead than with us having a higher cost for rent and employees, workers, everything like fathat. it makes it a little bit harder to make ends meet with the business.

wexner you have a question for her? -- >> you have a question for her? >> did you have any professional assistance in negotiating your lease in terms of getting disclosures about what is in the area for your business? >> no. we just thought the business from a previous business but was there. we are actually a fast-food service. the business but was there was also a fast-food service. >> also be enemies, -- vietnamese? >> it was chinese and

vietnamese. they were also serving vietnamese noodles, sandwiches as well, so technically, we almost have the same menu as them, but it has been changed. >> at what point was the appeal filed and the services suspended on the permit? can you tell me? >> the appeal was filed november 14. >> you have not seen any impact of this being across the street at this point? >> we never saw them there yet. we just see the post card with the appeals. that is how come i showed up. >> once an appeal is filed a permit is suspended. >> that is why i wanted to know

if her business has not been affected. >> they are not there, so i would not know. >> you have no evidence of the impact it has? >> not at this point. >> is there any other public comments? seeing none, we can move into rebuttal. the you have anything more to say? you can speak now. three minutes. >> i never know as they have a place there, so that is why we planned it their superior --

planned dit there. thank you. spherby commissioners, i sense e confusion, and we had better shed some light on this. the applicant applied in approximately march or april of 2011. the department provided notification in april before and now the merchant received any notification. the decision was made. the permit was issued at the end of october of last year after the information and the associated requirements have been satisfied.

this permit was appealed. therefore, they cannot operate. there was a lack of notification from the merchant of provided the statement, and i hope it will clarify what happened. >> is it clear that businesses within 300 foot radius? >> it is. however, at the time of application of a permit process, there were no other like foods in the vicinity. similar to what happened previously, a food truck would be authorized for a specific location that may choose not to operate for a little while. someone may move in like this. they got a permit from of police

department, did not operate for a couple months. the merchants of this commercial space, a police it, opened a copper rioja region t-- the merchant opened this space, leased it. there is nothing as long as they do not change their merchandise. >> we heard testimony from the individual who just commented of the menu from the prior owner was similar to the existing menu, that they sold vietnamese foods as well. >> that may be correct. we would not have knowledge. the expectation is when we provide notification there was

serious concern. there is an issue. >> unless that is brought to you, we do not have knowledge. >> i thought part of the process and look at light food. >> we do our best to look at what is out there, but these are situations where something has been happening with that specific business, that you decide maybe it is not the right location, and maybe for them, it was not important, because they knew they were leaving. >> we understand the chronology and the sequencing actually was very close between those things that happen.

this board does not have to only look at sequencing, and if we did not, i would ask you, knowing there was another facility, would you think there was an issue of like food? >> the department was informed its this merchant was selling similar foods, we would work to relocate to other places or use another location had we known about this. >> thank you. >> are there going to be additional fees if the process takes place? >> there will be our

prenotification see -- a renotification fee, but we will work with the merchant and the applicant your your -- and the applicant. >> given these circumstances, will those thesfees be waved? >> the department itself cannot waive it. we do not have the ability. we will try to find some applicable solution. >> the merchant being this permit holder or the other location? >> the permit holders specifically. >> work with them how? >> we had one other situation

where it was a police department permits. we found out after the fact that it was authorizing a location that is not allowed under current legislation. we wound up working with the merchant in this specific case, and we wind up observing it by providing a posting whether the and a mailing -- rather than a mailing. we did a posting 300 feet informant now the residents and businesses at a smal certain location. >> the condition ofa