ask to deny the eir. -- d.r. >> i wanted to take a moment and read in e-mail from susan reynolds, the publisher and editor in chief of the marina times. i wanted to write to you about the brickyard. i have been researching it. as part of my research, i went to try the food. which is definitely restaurant quality. they have gone to a lot of effort. the chef worked for free just to

put it on the resonate. -- resume. i was very impressed by the attention to detail and financial investment. it is that attention to detail that they are trying to be community involved. right down the street, they have had underage drinking to disorderly conduct on a nightly basis but no one is trying to close them down. over on scott street, when there has been more than one shooting. they remain open until the owners decided to settle. after looking at who was complaining, it made more sense. one woman said she would rather have an empty storefront that any business.

i can understand if this suddenly popped up in her backyard. anyone who lives on that street knows there are bars and restaurants and there always have been. she is not living the hill in st. francis was, after all. all the other restaurants have patio's. i have been watching dream -- people drink margaritas across the street. the bottom line is that one noisy neighbor should not prevent a street that has suffered from an economic downturn in many places to eat and drink to attract more business. take a look at chestnut street on a saturday night if you need more proof. i am happy to see it picking up again with the additions of wonderful destinations and continuing jobs.

it is counterproductive to make it difficult for people to do business. >> thank you. >> i live about six blocks away from brickyard and have been a customer of many of the restaurants for several years. i was very excited to see the space was going to have a new restaurant. it is a total transformation from what i consider a poorly run bayside is the sport -- busy sport lounge. as a neighbor myself, i think they should be able to come to

some sort of agreement and not completely changed the concept. i think it would be a great thing to sit outside and enjoy a white of the very few such a days -- sunny days. i don't think it violates any noise violations during the day and it should not be that much of an issue. i support the project and i hope you do as well. >> [reading names] >> i am a local resident as well as business owner. we had to see vacancy after vacancy pop up on union street. [unintelligible]

i have been to the brickyard a few times. the food is very good. from what it was, it is night and day the difference. i have never had an issue with the noise. i support them putting in the patio. >> unjust, but after the speaker is done. >-- just come up after the speaker is done. >> i have seen the economic downturn over the past few years. i am part of the industry that is trying to bring more life back the union street. the brickyard is a huge part of

that. i am a strong proponent of what they are trying to do. i don't see an issue with having the capacity on the deck which is something like 10 people. i guess i equate it to chestnut street on a plac, a place like delaney's. the noise spills out of there. it's part of the life on chestnut street. it is lacking there for a while. it needs to be taken into consideration. thank you. >> i am supportive of the patio

as well. for me, having a place i can come for lunch during the summertime, bring my customers out and have a nice, enjoyable evening. i feel if managed properly, they have said they are going to do that, it will not make it so that it is so noisy that it will be a disturbance. i think that having more restaurants like this is making it hard for them how to eat -- hard for them to eat. we should support businesses in

the eara. -- area. >> i am a resident and a business owner directly across the street from the patio in question. being in the heart of chestnut street, and of the most noise comes from the buses or at the end of the night when people are coming out of bars or restaurants. this patio in question i don't believe would cause the issues. having an outdoor patio is something that would be very nice. i know having to share the street with tables and chairs is something where the space is being used up above. i feel that is something that is

unique and beneficial. i feel it would be very nice to be able to sit outside instead of going to the rooftop. it is a place where you can enjoy the afternoons or the evenings. i don't see it really impacting the area. >> [reading names] >> i am a resident and homeowner just around the corner. i both live and work there. i have been there for seven years. the patio would be -- we are

coming out of the end of that. and suddenly an empty street. i was afraid to walk down the street. now that is open, the bloc has picked up again and i feel much safer going home. i literally would take a cab just a few blocks because i wanted to avoid it. being a homeowner, i am just as concerned about property values. the best way to improve property values is to enhance the neighborhood. the brickyard is one of the best examples of doing that. i moved to the city specifically for that. i did not come here for peace and quiet. i came to a commercial street

for what a city and commercial street have to offer. i hope that will continue. and one of my favorite things to do is have a meal outside on union street and a nice day in san francisco. i would like to be able to do that at the brickyard. i am just as concerned about property values. i have a lot more at stake because the pay a lot to get into this market. i hope that we can support the brickyard. >> i am the owner of the establishment directly next door. we have an outdoor seating area that is on the ground.

it works well, and we made an arrangement with the city and with the neighbors that we would close at 10:00 p.m.. all the noise and anything stops at 10:00. it has been a problem. if there are people saying things about that, we address that with them. there would be an opportunity for the brickyard as well if they are allowed to have this. i don't see it as a black-and- white issue. why is there not an opportunity to have the patio continue to be open for business? but with some reasonable restrictions on time and win the patio closes. >> [reading names]

>> i have a business partner of the brickyard and i have worked at wells fargo about a block away for over four years now. i just wanted to talk about all of the businesses that have got out of business the last couple of years. they have spent a lot of money to make it more vibrant. the brickyard has spent a good amount of money on reaching out and creating in the eyes of a new for guests to enjoy. part of the support, residence in a 12-block radius as well as several adjacent building owners and businesses the you just heard, on that same block

of union street is on the same side of the street. we really feel like having the patio open is going to be beneficial to attracting more shopping desk and dining guests to that area. >> thank you for staying late, i am sorry this is protracting. i have the san francisco resident and commercial real estate agent specializing in the commercial district. i support the patio as a neighborhood amenities and welcome another dining experience. it states that out direct area -- outdoor activity areas are

allowed. the sound is a legitimate concern and one that all of the other unions treat venues with outdoor seating must be considerate of. i do not feel that they have provided the burden of proof to show that this would result in a significant impact to the public interest as stated in the process. they showed some photos, but i welcome an independent review with additional photos that are not union street festival photos. this is similar to many areas in terms of size and capacity including the neighborhood. the compromise to alleviate noise and management oversight are more accommodating than any other venue.

although the patio is elevated, it is only 5 feet above. furthermore, the sound measurements done do not indicate that the sound is amplified anymore. quite the contrary, it could be impact full as it reflects from the street. i feel that the request is are not providing any evidence that it would create significant impact to the public. it has a disproportionate amount of compromises to address neighborhood concerns. i applaud their good neighbor policy and fully support the approval of the patio. >> they moved to san francisco to lead a half years ago. specifically because of the

energy and the lively personality. i quickly noticed business after business was closing its doors. i know there are very tough times. about six months ago, you have this spark that came to life. these partners here took a chance, and i believe they have successfully -- they have done a lot of work with the community. they have facilitated many fund- raisers. they have been hiring a lot of the unemployed californians. this is what we asked for in the small businesses of america. i was fortunate enough to get to know many partners. they are the salt of the earth. i of this would be banished right in not taking advantage of.

it would only add to the spirit. it is known for its outside of lights, it's cafe, its restaurant. people want to watch the blue angels flying over. this is in addition to -- please don't take away from a plan that has been very successful and was a street that was all but lost all because of a few that are opposed to the renewed life that is known for its lively personality that i have grown to love. >> go ahead and come up. >> i am one of the business partners of the brickyard. i worked as a financial adviser and my long time career was a

fully sworn police officer. my duties as a patrol officer were to enforce all california state laws. in addition to responding to crimes in progress, i responded to a noise complaint in civil matters. after opening the brickyard, i learned the extent of the controversy. one of my rules was utilizing and expertise to make sure we are operating according to the letter of a lot and the spirit of the law. and that we are doing what is best for the community. as a way to monitor the opinions further, i moved across the street from the brickyard about four months ago. i also reached out to local law enforcement to determine what suggestions they have for the ongoing problems past and present. my findings have been overwhelmingly unanimous in

regards to local law enforcement. i brought one example of how this is evident in a letter from the san francisco police officer. i will read it to you now. i am a police officer working with the city and county of san francisco for 29 years. i have the pleasure of working on the northern police district in the union street area. i also work with the exceptional managers and staff. i also have had the pleasure of working with the former staff. light on duty addresses fulfill the requirements by the city and county of san francisco. i have currently been made aware of the establishment's request to include use of the outside front patio's. i feel that the issuance would

be a wonderful boost both for the union street neighborhoods as well as the economic needs of the city and the county. it would increase the revenue of this city without harming the neighborhood in any way. it would allow for job growth in the city's infrastructure. it was on a self-initiated basis. in every instance i have witnessed, these events have been held with the utmost professionalism and the greatest respect being paid to the community and the city. i have never witnessed any issues or problems with respect to the attendees or the local community. i am always impressed with his ability to have a trouble-free event pertaining to the neighborhood. i would recommend the patio.

>> i fully support the patio at the brickyard. starting at the board of governors, i can speak on behalf of many of our constituents. the brickyard has had very much to the economic vitality in the spirit of district 2. every time i have been to the brickyard, the patrons are very simple. it is a very well-behaved and energetic crowd. it will not only enhance the community spirit of the neighborhood, but the economic vitality for the good of the city of san francisco. >> any additional public comment in support of the project sponsor? >> i am here to speak on behalf of this application.

for eight years, i represented a district that has residential and significant nighttime activity. it is a difficult situation where individuals are clearly concerned about the quality of life. as far as the commissioners are concerned, it is difficult when you encounter a business that has had a difficult start and made mistakes. representing my former colleagues, supervisor alioto- pier indicated her support. it is very difficult when you get in a situation where you don't have trust. some of it is related to the establishment and a general concern around the neighborhood. these individuals are serious business people.

they have gotten involved and made a commitment to business that is nice and beautiful, that has great food that i have experienced. and not just sports enthusiasts. they are serious about being successful. you have to strike a balance. i recognize that it will be able grudging relationship, but i am convinced that the individuals that ellen this establishment and the supporters want to be a good neighbor and an asset to the neighborhood. i would hope that they have the opportunity to succeed. there was uncertainty about what direction they would be able to take. i had an event there myself last week. i personally have experienced

this business and i believe they will make every effort to be a good neighbor. the conditions that are established to provide them a good way to do that. and >> i am neutral. i have tried to mediate neighbors with this. there is a stalemate. some of the options that were offered, i would like to -- you have this right here, right now. could you put this on the -- what happened is this. the neighbors i asked on one side say that if they close it, they will not argue with tables and chairs in the front. the brickyard said no.

this is an idea where you could have it, i suggested if you have windows here and have the back open for air, it was no. i asked could you have only 14 seats on the yard and make sure it doesn't become a congregation area. i was told no. i asked that, could you have the yard open with all the doors closed? i was told no. could you limit it to 14 people? no.

i said, you guys -- the last mediation was in front of the board. we should come up with something. they said no. >> this sounds like it is in support of the d.r. requestor. >> let me finish. could you have a liliaison? i had to put them against the wall to get them to give each other cards. my question is this. we have to come up with a compromise. all i want is a compromise so i never have to hear about this again. the emergency association has been attacked. i was brought in from the

outside. i am totally frustrated because those sides would not bend. i think there can be compromises. i think we have to think of what is best for both sides. >> are there additional speakers in support of the project sponsor? you have two minutes for rebuttal. >> we have heard there is no behavioral problems from law enforcement. i would like to take a look at this photograph here. a poor woman is passed out in the middle of the day in front of the brickyard. i will leave it at that. there are behavioral problems.

and with all due respect, this is not an issue about the former establishments. everybody has said that they were in harmony with the previous establishments. if it could be operated in some manner with the patio closed, we would be in pretty good shape. please don't think this is about trying to shut down the brickyard and close down businesses. no one is trying to shut it down, it is certainly not a zero sum game. mellon seems to be disputing the fact that there is a serious and legitimate noise problem. we are asking for your help. there needs to be a full analysis to figure out what to do. the project can go forward and the neighborhood can live in harmony once again with the drinking establishme