upper hayes was pretty dilapidated. it was the end of the hippie era there. lots of houses could be bought for $50,000. my house is worth a million 1/2 now. when the neighborhood lost the ash berry market a lot was lost and people began not to know each other so well as they had before. downey street is a level a long block very densely populated. if you go out from downey street.when it was small

one laundry mat and one continually failing other grocery store and convenience store. now there are two spaces because of the laundry mat and expanded and made a deli there and the deli operation was much

busier than bacon bacon at its busiest time. i used to stand in line at that deli for 15 or 20 minutes to get a sandwich or a cup of coffee, they have not changed the density of the neighborhood. now there are no other places that could possibly be turned into businesses anywhere near that block of fredrick street. there is no danger on earth of commercializing the neighborhood and that is just simply nonsense, what other space could be used? there are houses and apartments and a large school and a couple of churches. it is not going to happen. if people want to live in the suburbs let them move to the suburbs. we want our little tiny commercial zone because it is convenient, because it makes our lives better.

>> my name is andy and i would like to be respectful of everyone's time and so i will be brief. i lived on the location of the street for three and a half years now and i would like to under score the points that the other speakers made regarding the delicious food, the spirit of the neighborhood, and cooperation fostered by this business. and i would like to site what they placed on the door which has not been mentioned yet encouraging the customers to be respectful and friendly to the people in the neighborhood. thank you. >> >> good afternoon, i will keep this short and sweet, my name is kevin fewer and i am a neighbor. and i live at 116 fredrick street and i know that i speak for many, many other people in my large apartment building saying that bacon bacon has been a great addition to the neighborhood and a respectful

neighbor and they have become part of our neighborhood fabric and we would miss them terribly if they left. thank you. >> good afternoon, my name is colby moore and i am a resident of the neighborhood and also jim's brother-in-law. jim had the opportunity to take me into the store when he had first leased it and the fact that we are standing here today is quite a surprise to me. everything is just as it was when he opened the store and the excitement to breathe life into that block was infectious and i am not surprised with the support that you see here today. our kids love going there. and i think that other kids in the neighborhood love going there. and i think that the most revealing thing to me is that i asked jim, you know, i don't know these folks, i understand that they may have some issues

but have they ever come to the store in do they know what you do? they have never been in during business, and that does not make sense to me and i proposed a lot of projects over the years and i have taken the time to try to understand that and so i just want to resoundingly support jim and his business and i think that it is a tremendous addition to the community and to the urban landscape that we live in, thank you. >> thank you. >> my name is steven evans and i lived in to 154 dounty street, five years ago this month. i want to make the comments to revitalize that area but something that has been overlooked and under played is the sense of cooperation and the sensitivity to this neighborhood that jim has demonstrated. and i disagree with anyone who would say that he has not been

opened, to dialogue, and he actually has created the situations where he has brought the neighborhood together to create a dialogue and have the discussion and i really appreciate that about him. >> hi, good afternoon, my name is laurne daley and i am here to support my friend jim and his wife and i have known them for almost 20 years and they want to do right by the city of san francisco and their neighbors. they live 5 blocks away, jim has the ability to walk to work. and his kids can come and visit him and i bring my two sons from the east bay to go and visit them and i just really hope that they are able to stay in their community to have a small business on their corner. thank you. >> gerbing robinson, robert perez, robert francor and jim angles and robert dau son.

and rilely varm en. bartlett. sorry, laura gilty. >> my name is michael stern and thank you for the time to speak today. the addition and the value to the neighborhood has already been covered and i agree with that tremendously and i love stopping by on sundays with my family to get a coffee and a breakfast and it is just a wonderful addition and to hear from the perspective as a business person in san francisco and i have started numerous businesses in san francisco and i have conducted business with jim, and i have to say that he has the utmost integrity and we need more business people like jim within the community and within the san francisco. when jim says that he is going to do something, he does it. i like to call this for what it is. this is a very small number of people, who are opposing a local business and they have the right to. but i wonder what kind of

community we are constructing for the small businesses within the city if we let the fact that a number of people are unhappy about what is going on across the street from them destroy what small entrepreneurs have created. we are creating jobs. we are making people happy through our products. and i think that that is outstanding and we need more of that i know that he has promised to install the exhaust system and i hold that to him. and i know that the people have asked him to drop this who process if there is a pay out. let's call this for what it is, this is a shake down by the few, who are not in the interest of the community, who are not in the interest of the neighborhood. this is self-interest. and i am here because this is a

worse-case scenario for those who own the small businesses within san francisco, and for those who aspire to own small businesses within san francisco. this is a worst case scenario and this is a nightmare and i hope that it does not happen to anyone and i am sorry that it is happening to jim and i am here today to speak to hope that we can through your judgment, your sense of justice, and put an end to this today, thank you. >> >> hello, my name is jonathan, and thank you commissioners for your service and i agree with much of what has been said by the support of bacon and bacon and jim the owner. i want to paint a portrait for the people who want to come together and share their lives. my sister was in town and my

girlfriend and i were going to visit and she was excited to visit the place that she heard about. when we got there my sister could not join us and she had medical issues and gave me over the phone a list of symptoms that she was experiencing and could not join us. my girlfriend and i we were disappointed and a little bit worried about my sister but enjoying our breakfast sandwich with bacon and jam, and we met a friend a few minutes later his name is lars and he is not here today and we came in and chatted in and he is a former co-worker and i asked him how he had been doing and i had not seen him recently and told me about the medical issues and mentioned the very specific medical symptoms that he had. they were the same that my sister told me about on the phone ten minutes earlier. i called her back and said that my friend just said the same thing that you said and you didn't sound like you were taking it seriously and didn't want to go to the doctor, i suggest that you go to the

doctor as soon as you can. she took the advice and went to the doctor and was rushed into emergency surgery and the doctor suggested that it would have been a bad thing had she not gone to the doctor, this is a long way of saying, that good things happen from community. and when i ask my sister, she said thank god for bacon, bacon. thank you. >> hello, my name is greg robinson and i am 16 years old and i just live right up the street. and i just want to thank you for your time and just reiterate that it is a great place for the community is built and i think that, you know, i remember when i have lived in the neighborhood for almost a decade and i remember when there were empty storefronts there. and i think with the addition of the newest ash bury market

and sam the owner and with jim with bacon bacon, and i think that when they were working together, and it was you know, when bacon, bacon was still open, it was really great, they had a symbiotic relationship and the two were working and the two businesses really fed off of each other and i think that it would really hurt the neighborhood if they, if jim could not continue to run the store and i do think that with the proper permitting, the problems that the opposition has voiced, i think that they could most definitely be resolved and i do respect their opinions but i do thifrk that with the permitting and what jim has offered up and put on the table, i think that, it would be great if they could reopen and it is just has been a great addition to the neighborhood and so thank you

for your time. >> hello, my name is michael and i don't need to reiterate much of what has been said more eloquently then i am just here to support ten people in their efforts to improve the community and also to make san francisco more attractive for our visitors thank you. >> thank you for your time, i lived in the neighborhood and this is determined as the best neighborhood that i lived in. i am a home owner now, 101, downtownty, 290 people from bacon bacon. when i moved with my husband into the place that we now call home. i realized that every other

neighborhood is soared of pailed in comparison because of the true neighborhood feel of this community. and it really sort of is embodied in at bacon bacon where the people come together and they say hi to one another and they actually in the urban setting look each other in the eye, spend time with one another and talk with one another. and so i love this place, i hope that it stays here, it would be shame to lose it to another neighborhood or to lose it altogether. thank you. >> come on up, after this speaker, are there any other speakers in support of the project sponsor? >> okay, if you want to line up on this side here. >> go ahead, thank you. >> good afternoon president fong and commissioners, thank you for your time. i don't want to repeat what has already been said, there are a few things that i have experienced with having bacon, bacon in the neighborhood. and i don't have a car, so, i

work on twin peaks and i ride a bike so i go all the way to the top of twin peaks and i go home and i am tired and i work with teenagers and they are very draining and i want to get a quick bite to eat and it is very convenient to have that bacon bacon right there and like everyone said it is a community feeling. i feel people are cordial and i feel that people keep the voices down and i don't see the lines outside of the door and another observation that i have sort of noticed in paying attention to smells is as i have rounded the corner from fredrick on to clayton you can smell the burger smell from burger meister strongly, there are smells in the city and you know, that is just the way that it is. but, thank you for your time. >> good afternoon, my name is

piper morris and i also live right around the corner at 134 downty street and i am new to the neighborhood and i have been here three years. and when i moved in, one of the reasons that i chose my apartment was the prior businesses that were there at the market and the deli. and once they closed, it really was, a chance in the neighborhood, and one that i did not like. now, with the new market and bacon bacon, i really appreciated that change and it has been positive and that is all that i have. thanks. >> thank you. >> good afternoon. my name is tina smith and i live at 231 fredrick, which is right next door to bacon bacon. you could not get any closer unless you moved in with the store. and i very much enjoy having them there. and i enjoy the activity that

they generate. and i enjoy once in a while i get in good with the bacon. not enough, as far as i am concerned. so i do hope that you give them favorable consideration. thank you. >> thank you. >> my name is ben robin sn son and i am the owner of the ashbury market and i have been with jim for two years when i was working on the market and jim was with the bacon bacon portion of it and we had a great relationship and we have always had a good relationship. and i know that jim is one who will do his part if called upon. and i understand the concerns of the neighbors, and i think that i don't see any reason why an ammicable resolution cannot

be reached for both parties. as i know that jim is willing to do what it takes so that he can reopen and everyone here as you see shows the support for them and i am definitely a supporter of them and so i asked you all to please consider that and let him come back in and him and i can go ahead and continue to work together to make the neighborhood better. thanks. >> thank you. >> any other speakers in support of the project sponsor? >> okay. seeing none, dr requestor you have a two-minute rebuttal. >> thank you, commissioners. my name is patterson for the dr requestor. just a few quick points. i think what you are seeing here today is a difference of opinion based on largely the

proximity from the restaurant where the people live. you have a large group of customers and residents of the neighborhood from father away, and the people most affected are the ones asking for discretionary review and asking for a few very rational moderate restrictions placed on the permit. the suggestion that this is about money is simply untrue. my client offered to pay the restaurant to install an air filter, and you know, as far as the practical impacts go, this is not an appropriate place for a food truck. this is not an appropriate place for a restaurant to stay open until ten pm. so we are asking for some pretty reasonable restrictions here. the tenant relationship with the restaurant owner, i think is understandable strained. and with that, it is because the tenants request to turn down the noise do something

about the smell have been ignored and so i think that is very understandable. to correct a couple of slight misstatements, this is for a change of use as you will see from the permit application it states plainly a change of use, the permit did not legalize that lack of planning approval. this is the 1990 permit. and as you will see, again, planning na. so, we are asking for some simple conditions to be placed on the permit as a legal matter, it is not approvable without the conditional use, but if you disagree, we respectfully ask to make this a place that all of the neighbors, gather around and find it livable. thank you very much. >> thank you. >> project sponsor you have a two-minute rebuttal.

>> thank you, president. and thank you, commissioners. again, i want to thank you for your time. you know, this is turned into something that i didn't think that it was going to turn into. it has become an emotional issue. there is cameras here, there are articles written about it. and this was never my goal when i set this thing up. when i wanted to be a part of my community and offer food in the community. this was about serving food, serving my food truck, bringing people out of their houses. everyone looks down at their phones, let's get out of our houses and out of our head and have a cup of coffee together and meet. and i met with the gilties and the youngers and i responded to their e-mails and i have been reasonable. the tenant upstairs, we worked this out i bought a new sound system. and i placed it in a place that was agreeable everybody. you know my intentions are not to upset a neighborhood.

my intention is to provide for a neighborhood. there is obviously a need. we do well in the neighborhood. and you know it has been mentioned as another little shop and it is basically, i am using it to prep for the truck right now while we figure this out. it is a fraction of the business, i have been impacted significantly financially, and because of this. and my goals are to follow through and install the exhaust system and upgrade what is on the roof there. but i can't do that until i am permitted. i can't invest that money until i get from you guys, the go ahead. so i'm asking you for the go ahead. thank you. >> thank you. >> okay. the public hearing is closed. and we will open it up to commissioners for questions and comments. commissioner moore? >> two and a half hours of talking about bacon bacon. the number of people supporting the neighbor institution seem to be significantly larger than those people who are supporting

the dr requestor. however, for as it is not sorting between how we weigh emotions, but what are the real issues. so i am going to correct my question to the zoning administrator. sanchez, is this new material? is this dr? is there a lack of clarity in the permitting as you track it? i understand that certain rules have changed. >> this is a discretionary review matter. this is why i believe that the matter is properly before the commission today to make a decision on this building permit application. a couple of things to note, this is a permit to legalize the use. so that is why the matter is before you a discretionary review was filed on that. on the arguments for the conditional use authorization that is based upon the dr requestor that they have abandoned the non-conforming use the limited commercial use for this property and base that on a change of use from 1980. i disagree with that. they site that under the

provisions of the code, you can restore a limited commercial use with the cu authorization. so had this been abandoned and not operated it since 1980. then i would agree that it has been abandoned, and that they would need a conditional use authorization to restore the commercial use. that said, even if that were to happen they could restore the use with the conditional use authorization but the use itself whether it is a restaurant or another use would be subject to the normal planning code requirements which in this case is permitted as of right. it is not as if the use itself would require the cu, they are arguing that the restoration that the non-conforming use is technical and we have been receiving over the last couple of weeks, arguments from the dr requestor, at first they were arguing that is violated the commercial district because of the permit from 1980. and they said that it violated the notification requirements

and this is the permit in 1980. i pointed out that was not adopted until 2000. and then to section 186.1 and said that should have been applied in 1980 and i pointed out that was not adopted until 1986 or 87. and there is a process of arguments to try to knock this out on a technicality and we have renewed this thoroughly. and you have heard the arguments about the use and the impacts from the use. it is a residential zoning district but this is a limited commercial use and in 1979. the city, had done massive down zoning. and they created termination dates for the non-conforming uses and the city woke up and said well, we actually like to have commercial uses in our residential neighborhoods. and because the gentleman who spoke earlier made the wise

investment decision when he bought his house in the early 70s, this is a valuable thing and it is very much valuable for the city and that is why the city had recently in reviewing these controls, allowed for the restoration of these uses had them been abandoned which previously had not been allowed. we as the city recognize the importance of this and the matter has been thoroughly investigated and that is properly before you for consideration. >> thank you. mr. sanchez, the reason why i posed the question back to you is that all instructions and what we are listening to comes from the zoning administrator as he represents what the city attorney, the planning code, etc., gives us to guide, and all of the emotions to our policy are boiled down to understand what you just said. and it is very clear that indeed to that, early ruling on mixed use, in the residential neighborhoods the quality of

the city is clearly documented. i see and listening to the touching story of mr. wong and his grandfather and all of that, that the continued use of a food establishment in this particular location is a correct way of moving into the future. and i would like to ask you as to whether or not in the course of establishing this bacon bacon business, there was a mistake made because the house department closed temporarily, what is exactly the nature of the mistake? >> that is an excellent question, i think that when this was first brought to our attention, i think at that time, well, i guess i will make the assumptions on how it was happened. >> it was used as a deli and perhaps the business owner could go in and take over the space because it had previously been used for food service and he would continue to use it as food service and i think that may have happened but then it was being used as the commesary

for the food truck and i think that early on it was not being used as a retail use it was to service the food truck and it evolved and i think that pastries in the morning and coffee and opened for lunch and that we explained in order to operate out of that location which we thought was okay, in order to do that, he had to open it and operate it as a restaurant. and you could have as an accessory use to that restaurant the food truck and so this permit is the permit that establishes this restaurant. this limited restaurant use at this location. and that is what is before you today. it requires the neighborhood notification and it went out and this discretionary review was filed at that that. >> however we are not part of this permit the continuation of

the food truck, food preparation beyond the hours? >> the question as to whether or not they have it as a come sarry, they can if they operate a restaurant at this location, if the commission has concerns about the operation of a food truck or tying that to this location, i think that is something that we could investigate. i don't see an issue, saying that this could not be used as the location for the food truck, i know that they have a location that they are operating out of on mission street. and i don't know what the retention is of retaining that, that could be used for the come sarry for the food truck and they have found another location for that if they could continue there and simply operate a restaurant, out of the fredrick street location. >> let me make one more comment

before i hog all of the time. i believe that the smell intrusion is a valid issue, one of which can be helped with air filter, and air handling equipment and improvements and i think that the applicant already said that he would be doing that. i kind of see the food truck operation a little bit as an insensefiation of use, i am not comfortable with and i have to be honest about it. it is not having the food truck, supervisor weiner invented wonderful rules about the trucks operating as independently and how they are serviced should not be happening in these kinds of corner neighborhoods and r3 districts i don't think that is quite the right way of doing it particularly when it is correct the handling and cleaning of the food rep ration equipment in that area and the trucks will come in order to do that, that is not