peaceful enjoyment of their property. we want to coexist with all our neighbors, both commercial and residential superior -- and residential. i would also like to make another comment secure a good to -- comment. we have operated for 13 months with a perfectly clear track record from any government agency. we have injected 50 new jobs into the area. we went into a space that was vacant for two years and helped contribute to the decline of union street over the past two years, and all we are trying to do is run an honest business and be able to compete with the other 18 restaurants said have

outdoor areas. it thank you -- thank you. >> thank you. mr. sanchez. >> i would like to begin with some background of the project. this is within the union street neighborhood commercial districts. this began in early 2010. the application sought to remove this and closure. goothey affirm it would requiren application. the building application and was revised to note it was application of the sun room.

the permit was issued on the 22nd. the plans were not modified, but it was clearly indicated to the project sponsor what's needed to be done, and the sun room was to be removed and replaced rather than simply removed. the department immediately responded. it came to our attention but work was still continuing, and i think the scene near building instructor can confirm this. nobel day permit have been issued -- no building permit

have been issued of the time. a building permit was submitted on june 4. this ought to legalize the work of the permit and also is subject to neighborhood notification. the notice was issued on july 26. this is normally a 30-day notice. however, it came to the attention that a permit owner did not properly post a notice, so i suspended that to allow for adequate notice project. on january 20, the commission who heard the item. they have detailed s conditions i think were included in your

packets. these were to address concerns of the neighbors a. we looked to enforce the noise ordinance. the department filed -- of these would adequately address concerns. a ceqa appeal was filed on the 12th of april, and an appeal was filed on the 14th of april. i believe it was a unanimous vote to uphold environmental determination. that brings us up to today. it is not so much an opposition to a restaurant use or even to the patio use. it comes down to the noise

issue, and it seems to come down to the doors. those are the issues the board may want to focus on. one door would remain operable as a way to access the patio. as the appellants noted, we have received several complaints that conditions have not been met. the department has been unable to verify this. there was a large crowd but did not of this sort of violation of the time. the department does believe the the conditions are adequate to address these and would respectfully request the commission would uphold that, but it comes down to the stores and the hours of operation. -- the dorors and hours of

operation. >> how do we have such different papers? >> that is an excellent point, and we do that as the first floor. it does not mean it is a second story. it was not reviewed under planning requirements. the uses are dependent on the number of stories in the building. this was the ground story of the building. >> how many steps with its need to be to be a second level? >> it would need to be occupied to be considered the ground floor, and i believe you would have to go downstairs and to

access the lower level. >> the permanent indicator -- a permit indicates they were told certain stains that could have been over the counter, and you indicated at some point of 312 notice was required curio -- was required. can you elaborate some of >> i was surprised because it had previously been addressed in the materials to the permit holder. it initially came in to remove the sun room. i could put in the initial

application, which i do not think a permit holder submitted your ego -- submitted. lahooit was crossed out after te discussion. its stated very clearly in order to remove its they would need to do a neighborhood snowshoes. it was crossed out and removed. further, it does say to remodeled bathrooms. this is how we approved it. it was removed.

but is why we have outlined what has exactly happened. >> was the only point of contact at the counter, or was there a separate rove year -- a separate review of the vote >> -- separate review. >> it does happen the people will amend their applications to come by for a separate application if they need a notice on something. i imagine they wanted to get their permits to start converting the restaurant. this was the permits and it started restaurant use. >> i have heard this called a sports bar, and a restaurant. is it your understanding that is

to be used as standing room or foresee thing, -- for seeding? >> there can be no more than four tables or 12 people during the >> i understood it to be a seating area. >> the commission has identified it as such. it does limit outdoor seating to four people. it does not address outstanding area, but i think most of the area will be occupied by the sea kitable. >> i found the list i would ask the appellants representatives to show me. i think it is on page 11.

>> my day impose on you to wait until the commissioner henry j. may i impose on you to wait until the commissioner ruth -- may i impose on you to wait until the commissioner who returns. >> i understand the permit holder does not want any additional, but i am a little they -- i wanted to hear your view of the last cdo, the installation of a plexiglass wall or a glass exposure. are those structures the planning department would be amenable to? >> it is not entirely uncommon

for certain higher levels of soundproofing to be provided to mitigate sound issues. i would defer to the board, but it is untested whether or not it would decrease sound or deflect it. without having a mockup, i cannot say whether it would improve things. >> thank you. >> for whatever reason, you did not focus on a door that would open or close. was that discussed among commissioners?

>> i do not know the mechanics of the door swing were discussed at length, but the idea is that the door would remain closed when it is in not in use, and it was something similar to that effect were the door always returned strips closed stage. goo-- return to its close state. >> it seems that in the mitigation measures, the fact that you have a dampening on the walls, and you have created of horn, so if things that would amplified and always -- it seems that would amplify the noise.

>> these are conditions. >> conditions i would assume are zero mitigate that you're a good -- mitigates that. i will get to that next. >> there are two doors that can be opened during couldn't weather when -- opens during good weather. one door would-be continually open, and i took the to be that it would be open and close, so i do not think there would be many times the door would be open and the sound would be protecting it out. gooyou really hit on the issue,d the issue is the doors.

gooto the bureau doors open -- o doors open, and one could be open at any time. i feel like that is what could be appropriate. >> a waiter is not going to want to open the door each time they go through, so it seems like it would be open more than it would be closed. othe other issue are a high of has to do this -- the other issue i have has to do with liaison. my understanding is the owner is going to be the liaison. are we asking for named madoff

-- bernie madoff to be the supply officer? >> the community has a point of contact to call and make a complaint. making a complaint to the entertainment commission is always available to them, but mrs. a place to -- this is a place for them to discuss a i guess i am going after the fact of the owner would have been someone to complain to anyway. it seems like the area of a liaison would be someone who is neutral to this. maybe that is not what is intended. >> they appoint a contact person and they give the information to us as well.

there are a variety of people involved, and the permit is issued. there are different points of contact the whole time. this is saying they always have to maintain contact, so we clear say this is the name of the contact person for the restaurant. that is the purpose. >> the liaison would deal with the concerns of nearby properties. as to have the owner be the person is to ask the fox. >> their duty is not to independently regulate.

>> but if they have concern and they express it to that liaison, not to suggest that the owner would do that, but that is a burden to put on them to say the neighbors are complaining to me. that does not seem like a complaint. we have disagreements on about. the last thing is we are hearing about how there are operations that have outdoor seating, and i am wondering if you can give us a description. any of those bars, are they likely to be outdoor restaurants with outdoor seating? >> i think there is a variety of the am.

good -- variety of them. i do not believe all of those have outdoor seating, and i believe this is the only one that would be zero votes rain. -- would be above grade. >> the last one has to do with the sound readings that were taken during your -- that were taken. were they ever taken when people were using the debck, or was it only taken when the doors were closed? >> the readings were taken with the doors open and close. i believe the sound report does

give details. i can try to get back to you. i do not think there were people outside the venue. it does not stay there were people for the second task. only that the doors were open for part of the test. in no event could thing you succeed the noise ordinance. if any future complaints came in, the noise ordinance could be enforced. >> i have been asked if we did have of break before we get

public comment. we are going to take a five for 10 minutes 3. -- or ten minute break. >> welcome back to the june 22 , 2011 meeting. i would like to see a show of hands of people in the audience who intend to speak under public comment, if you could raise your hands? thank you. if you have not done so already i would ask that either before you speak or after you fill out a speaker cards and hand it to the clerk. if you are willing to do that, that will help us in the preparation of our minutes. if you are able, please let up on the far side of the room. that will help the process go more smoothly. if you could do that now. and whoever wants to go first,

please step up to the podium. vice-president garcia, how much time? >> two minutes' time. please do not repeat what other speakers said. >> good evening. i am the owner of rome artists and burgers adjacent to the brickyard. this is the third meeting i have attended on this issue and saying the same things i have said in the other meetings as well. the first two meetings, there were -- they were unanimously approved to have the patio. i think it is good for business and the area.

very importantly, i think there are respectful and a respectable -- respectable business owners and they have made this a class the establishment for drinks and dining and i would like to see business thriving next door. last night, we hosted a benefit in conjunction with the brickyard to raise money for lung cancer and it went really well. we had hundreds of people at the brickyard going back and forth and i do not think there was any commotion. we did not get any calls from the neighbors or any calls from the cops. it went really well. it is one event that happened last night. it was our one year anniversary and it goes to show we can conduct business in a professional manner and if they're given an opportunity to have a patio and do that with these conditions, that will prove they will do a good job of it and that is all i have to

say. thank you. next speaker, please. >> i am terry morrison and i have lived here for 35 years. the san francisco planning department has granted the permit the neighbors can live with. it is an example of the just do it thinking. if you want to renovate a building, you just do it. later conform to the code with the advice of lawyers and permit expediters. it is stunning to me what the academy of art has done to their property. and that is what brickyard did. brickyard christoff the entire facade without a proper permit and tried to legalize what they had done with. lawyers and paid permit expediters and paid public relations people. against unpaid homeowners and renters that love this city.

we're not a few noisy neighbors filing complaints trying to spoil the fun. brickyard circumvented the right of our community to weigh in on the creation of a new front deck. that is a violation of planning code section 312 and it forced us into the appeals process. at the planning commission hearing in january, former supervisor bevan dufty said these have been bad boys but they are going to be better. you can make sure these bad boys will be better by issuing a maximum code fine and forcing them to rebuild the sun room. if they do not, the noise of the 3600 sq. ft. sports bar, the largest foreign union street will broadcast through a wall of doors and across the 75 feet

into homes and offices. you have the power to save the neighbors from a noise that comes from sports events or just partying. these are our homes where we live and eat and work and tried to sleep. we need your help. thank you. . >> thank you. next speaker please. >> i live across the street at 1782 union street. i am the owner and president. -- presidenresident/ . i have lived there for 30 years. there has been the number of bars at this location but this has been the first bar without a glass enclosure, and we have

always existed well with bar is in this case. we are here today because something happened in the way it should not have happened. there was a violation of procedure. work was done without the required notification process. denying our entire community any voice in the matter. had due process been followed, our community would have been notified into the project when then we would have had been able to voice our objections and serious concerns which have never -- which would result in a different outcome. there are two reasons that citizens come to the board of appeals. procedure has been followed and you just do not like the outcome or procedure was not followed

and because it is not followed here, it results in and out come that is bad for the community. when somebody robs a bank and gets caught, do they get to keep the money, or should they be required to give it back? when a project is built without permits or notification and an entire community is impacted by excess of noise and denied its voice, it should be -- that project should be approved or denied. >> thank you. next speaker. >> good evening. i have been a resident in the neighborhood for approximately 30 years. i am president of the villa

nuovo neighborhood center. i know only in the fast few years, the quality has been impacted by the drinking and fraternity style culture that has emerged. every thursday through saturday and every sunday is party time on union street. it has -- we're subjected to loud and possibly belligerent drugs as they pour out of existing bars in the area, turning over news racks and wrecking tree limbs, urinating in our doorways. this is all the status quo as it existed as it was a balding as the brickyard was under construction. construction. idec will only make matters