and allowing the use of this open front will not only diminish the quality of our life but also diminish, in the long run, the attraction of our unique area. we have invested heavily in this area. and business in, and the long run for san francisco. the solution is to replace the enclosed sun room that was taken away. thank you. vice president olague: thank you. if i called your name, feel free to come to the mike. >> i am david. every sound engineer knows how to cawnpore sound -- contour sound. you flank it with sound material. it is not much different than a

megaphone. this is pretty much what we have at 1787 union street. it could not be designed any better as a projection sound stage. as a practical demonstration of what the former glass enclosure did for this structure, i brought along a piece of 1/4 inch plate glass and a megaphone and i like to explain how this works. commissioner sugaya: hold on, why not turn that off? go ahead. >> i am sure most of you could hear me. i am not speaking in the microphone at all. [inaudible] and that is how it works.

any questions? vice president olague: not yet. >> that is a hard act to follow. my name is anne, and i live at 1792 union street. i'm here to tell you why i am opposed to the applicant's having an open patio directly across from my home. the brickyard is not a fine dining establishment, it is a sports bar. everybody who lives here knows it and the crowd that frequents it knows it. i have nothing against if sports bars. i actually enjoy going to them. i have an issue with the fact it

is now in my house and in my home 24/7. noise from the establishment currently, without the open patio, is bad. especially when there is a sporting event. i cannot even have a conference call at the front of my house because the microphone picks up the noises from the crowds. the noise is not limited to special events, like world cup games, giant playoffs, or other special events in the city. it is just there with any sporting event. i would like to invite you over to my home on a sunday morning so you could experience it for yourself. you will quickly understand why the neighbors and myself are opposed to this. i have already relocated my room from the front of the house to the back of the house because of the noise at night, and if they are allowed an open patio,

there will not be anywhere in my home where i will be able to get any peace and quiet. if the applicant's requests for the open patio, it would make the situation at my home unbearable and i would ask that you please refuse their application to have an open patio in the residence. this is where i live, sleep, and work, and haven't opened party back across the street from my house -- and having an open party deck across the street from my house would drastically reduce my quality of life. vice president olague: next speakers? >> good evening. i am joanne hamilton. my husband and i have owned in our home on the tbs street for 26 years. -- on octavia street for 26 years. we have raised our families here

and frequent the many restaurants. however, living one half block away, have serious concerns regarding the permit request to legalize the second story of the brickyard. i hesitate every time i need to walk by because i find the elevation of the deck above my head, basically over the sidewalk, to be psychologically intimidating. there is no set back for this deck. it sits right on the property line. the floor is 5 feet 5 inches above the sidewalk. the low wall and opened rail around it is not very high. one dropped class, bottle, or plate of food could do serious injury to anyone passing on the sidewalk below, not to mention serious harm to where brickyard patron. if they have very high bar tables outside as they have in the rest of the bar area, which is adjacent to the bar, there

could be serious problems for a passerby on the sidewalk below. i did not believe that the proposed flower boxes will remedy this situation. it is this the sidewalk environment the city hopes to achieve with a better streets plan? it does not promote pedestrian priorities with this invasion of the public ground. we have a unique situation here. there is no other eating or drinking establishments in the union street mcd that has a second story. i feel there needs to be some kind of barrier, preferably a wall to protect pedestrians below as well as patrons of the bar. this would also help protect the neighborhood from some of the noise generated by the bar, especially if they have entertainment, which i think they have planned for the future. please consider this issue of public safety and require the

brickyard to put back the closure that was there before, or at least find another way to protect people passing below. thank you. vice president olague: thank you. >> good evening, commissioners, i am bob, president of the golden gate valley neighborhood associations and a resident in the union street. over 30 years. if you approve the youdeck -- if you approve the elevated deck as proposed, you will create a nuisance that was not there before and expose the city to liability. doesn't your approval of a project it presently warrants safety, and what did this make san francisco the brickyard's deep pocket partner in some way?

the manifest safety defects of the elevated deck, which cannot be disguised by planter boxes, the wall is too short to stop things from flying over or other bad things from happening. some personal injury lawyer is going to get a nice fat settlement against the city when the inevitable occurs. the crab shack has the right sort of outdoor activity area for union street. it is ground level, facing commercial buildings, in front of a totally enclosed restaurant. at the brickyard, which has 130 patrons inside during a sound test last december, need alfresco dining to compete? it is a full-service restaurant with hard liquor bar. it is not competing with pizza shops or the dance club, but the likes of osha and the blue light.

another restaurant has a glass in ceiling with sliding panels, which to procure has dismissed out of hand. don't let anybody tell you that the brickyard cannot make use of sidewalk tables and chairs, because servers and bussers would have to go up and down the side stairs. this provides a clear and easy path along the sidewalks to tables on union street. let me close by noting that the sound tested took in december showed, yes, if you got people with a big crowd inside, you have to keep the doors closed because that is what keeps the sound from pouring out into the neighborhood. thank you very much. vice president olague: thank you. i>> good evening, commissioners.

i am serena, longtime member of the golden gate valley neighborhood association board of directors and i am here to speak from a slightly different perspective. golden gate valley failed in its repeated efforts to bring the immediate neighbors and the building abc license owner to its table. the former came off and the latter ignored all appeals, sending young men who confessed they had no real authority to negotiate. this seeming high handedness was very evident in the decision to demolish part of the structure without a permit, leading to the suspicion that so-called expediters encouraged such scofflaw come up with the wicked assurance that if you tear it

down, they will approve it after the fact. next came the curious version of community outreach in the form of something called union street in richmond association credit to the first meeting at which at the brickyard i received an e-mail invitation, only later did refused entry, the first in a very long line. i told the man who kept repeating it was a private party that i had previously lived on octavia above union and had lived a quarter century just a block north of union and felt entitled to be considered an interested party in the welfare of the street, but was nevertheless shown the door. as an inveterate night al, i can attest to the dramatic increase this past year and drunken foul mouthed language at our closing time, to the point where i no longer feel safe opening my front door and asking these raucous folks to please quiet down. i like to close with a word to

the individuals to advise those of us who find the charming and truck and rowdy, but to move somewhere else. you come to drink and our neighborhood because it looks charming and feel safe. if the residents are chased away, hoodie believe will put the time, money, and effort into maintaining the neighborhoods high quality of life? thank you very much. vice president olague: thank you. jack, mark, melinda, and donna. >> good evening, commissioners. i am jack. i have lived in the neighborhood often bill on for 40 years, and we have lived on octavia street the past 22 years. i'd like to address the proposed open patio and its impact on the

quality of life in our neighborhood. the elevated deck has been in close more than 30 years and was used that way by two former long-term business. each occupy the space more than 10 years and were apparently profitable with the deck and closed. it and open deck is not essential to the business model. it should bring as much revenue as if it were open. it will push >> this would be a permanent change to the building and below. -- envelope. they will establish a platform for an outdoor beer garden. given the site, this is across

the street from our home. this is a beer keg coler. ap -- cooler. given the nature of the businesses, a beer garden what attract customers day and night. they tend to drink and party outside. it has become an attraction at the street festival where additional police and security guards have been required to monitor drinking on the street. operating year-round would be untenable for noise, property damage, and safety. that is inherently unsafe and dangerous. the goal is to have an outdoor

venue where most of the other establishments in the area do. the architect that designed the interior space, they can certainly design and enclosed deck for atmosphere and profitability. there is no guarantee that it will not be turned into a beer garden by the present owner or a future one. it would destroy the fabric of our community. i don't think that is the intent of the planning commission. thank you. >> my name is mark. i live one block to the north of union. as you have heard tonight, the

space has been occupied by restaurants and bars. there was never any issue with the adjacent neighbors until now because the existing enclosure was removed without benefit of a permit. that is why we are here tonight. it seems pretty clear to me that they have already had a test run. you have heard a noise demonstrations, you have heard a tape. the megaphone was very convincing. they have already had a test by virtue of what they have done. i support the neighbors' position and believed that the noise would be too much for the street and for them. and it should, therefore, be

denied. >> my office is directly across the street from the brickyard. due to the nature of my job, i am in the office during the evening or the daytime on weekend. the noise is extremely loud with the windows closed and nobody on the deck with my door is closed. i am on the second floor. i have 12 steps to my level and they have 10 steps. we are on the same level. it was difficult for me to work. i request that it be read enclosed -- re-enclosed.

the residents would be negatively impacted. they have written letters to the commission stating their concerns and i like to read a few exurbs. -- exerpts. he wrote, noise from the bar and the crowd projects and amplifies and out into our neighborhood. i am in a residential zone the neighborhood and it should not be permitted to flood into my home. many young children in addition to my own lives, go to school, and play. they live at octavia street for 40 years. this is one of the original founders of the golden gate valley association hall and his

home bound with ms. the noise poured in. to give you an idea, when the doors are open, i am on a side street, i have a large tree and insulated windows. it is making by home unlovable. -- unlivable. once i called my neighbor because i was alarmed. our family lives and the residential zone neighborhood. one of my neighbors like and the noise to having a sound can and

blasting into your home. -- cannon blasting into your home. >> i live at [unintelligible] commissioners, it is not just how the department's duty to compensate for a down economy. it defies city regulations and actively opposes the concern of the neighbors. it is your job to plan and to enforce. the brickyard illegally tore off an existing room opening all the noise of a sports bar into the street. the sports bar is a limited

liability company. they have investors, greater advertising muscle, legal counsel, and public relations to get their way through the media and the bureaucracy. this isn't a ranch. it is an observation taken from 35 years of living the bottom half -- a block and a half fro m there. we are justifiably outraged. the excuses and accusations that have cut out to defend it, what message does it send when the actions are given approval under the window dresising conditions that are obviously unenforceable. i asked you to deny this permit for all these residents that wrote letters and petitions.

and they want to believe that the rules are still barely enforced. and that you take your obligations to take the adjacent residential livability. a second story back on a sports bar -- deck on a sports bar is not compatible with the neighborhood districts. >> any additional public comment? project sponsor?

>> good evening, commissioners. i am the owner and operator. we opened for business on june 5 and we focused on being a neighborhood restaurant from day one . . we upgraded the venue. there are photos here -- [inaudible] we pride ourselves on our menu and accommodating all walks of life. we have a four-star rating with 27 reviews. the project was approved by the department of building inspection and the planning department. of the design elements are within building and planning code regulations.

requirements. an environmental impact study is not needed. of the 26 full-service restaurants, the dean of those have outdoor activity areas. -- 18 of those ahave outdoor activity areas. our community outreach efforts have been outgoing. we have received support from over 1000 san francisco residents, of which 370 live in the 94123 zip code. based on feedback from the community, the issue is not the patio but the potential for analysts -- noise. we realize there is a potential for additional noise such as during the union street

festival, world cup soccer, and druing -- during festivities such as the world series and super bowl. we are fully open. in hindsight, it is important to carefully monitor south levels and we have made operational changes to address this issue. these are extraordinary and did not represent the day-to-day business. the venue is at full capacity sometimes, but the typical attendance is 30-60 patients. -- patrons. all of the photos of you saw earlier were those extraordinary circumstances whether it be world cup soccer or fleet week. it is not our intention to

negatively impact our neighbors. we have had many encouraging findings. when the venue had a glass sun room with windows that open, there was no negative impact even if the venue was at full capacity. there were never any complaints. there was a frontage and opened -- that opened. with the doors fully closed and the entrance doors open, there are no noise issues. i can appreciate their concerns.

we went and had an inspector from the entertainment commission do scientific measurement to see what was actually happening with the noise. the third one being with the restaurant at half capacity, we also took a double reader. our findings were that there was no substantial increase. it represents less invasion than the previous sunroom. the patio is only going to be used 8 months out of the year. given these findings, it will address all the noise concerns.

the compromises are basically what we propose to the planner, what she concluded in her statement. >> thank you. we have several speaker cards, people in favor of the project sponsor. bill barnes, john gavin? >> good evening. bill barnes who, until january 8, worked for supervisor alioto-pier. we have increased vitality with appropriate conditions. this was not a perfect project. there was a letter of the termination from the planning department that says this is a permitted use. there are other activity areas. i would note that this has been

an existing restaurant for many years. the planning commission -- you will recommended the conditional use. at this location, a restaurant like this has existed for some time. the idea that it would be renovated and they would attract people to the street is a positive, in my view. there is a way to enforce this behavior. they have been talking about putting additional provisions of the liquor license. the question for the planning commission is, when something is permitted by the code and people are here, it should go to make the projecwo