disappointed in this commission and the city of san francisco, which is a supporter of local business and thriving community. thank you very much. >> my name is kofi harker. i am a recent transplant from chicago and have been living in the neighborhood for a little over a year and shows the neighborhood specifically with its proximity to union street and chestnut, given the fact that moving from an urban setting, while i love the picturesque aspects of sand francisco, i also really like close proximity to local businesses, and night life, restaurants, and also, having a patio in downtown chicago is something i like to be able to do in terms of sitting outside, having something to eat, and visiting with friends. i have also been quite impressed

by the overwhelming support of the brickyard, having moved to the neighborhood from chicago, and not only does of the building have my support -- the patio and regard have my support, but they also have support -- and brickyard have my support, but they also have the support of three prominent businesses in the neighborhood. it also has three business associations -- 26 local business owners and also 1300 residents, many of which are in the 92143 zip code and also 125 local supporters, which includes myself. they are all listed here, if you need to see those. thank you. >> thank you. next speaker please.

>> thank you for your dedication in this process. i am going to try to stay off the character stuff that has gone on in the hearings we have had on this. i am a clinical therapists. i have an office down the street. i specialize in adolescence and families. i have clearly the biggest windows of anyone in this room in the residential area. i have no complaints about the break your personally. the fact is i've built my business on the health of the city. i sit on a joint committee for a jug and alcohol treatment -- drug and alcohol treatment, and i would not be advocating for this patio if i did not believe is brought hope to a of neighborhood.

>> next speaker please. >> hello, thank you. i am here in support tonight. i am in support of the brickyard. i am a longtime union street residence. my building is approximately two doors away from the brickyard, and there has been previous businesses that have been worth of brickyard is located now. that business was called the bayside. i do recall the windows being open in front of this establishment, and i do not recall there being any complaints. i do not recall hearing any noise coming from dayside itself. i feel the brickyard owners are much more responsible in controlling any noise that would be coming from their

establishments. i do not see 12 tables being on the patio in front of the restaurant of a nuisance or an issue. >> next speaker. >> my name is eric low, and i am a longtime resident, so definitely i am seeing the downturn of the street, and i really appreciate business owners such as susteren -- darren to bring entertainment back in a nice dining forum. i think issues of noise complaint should be put aside because of the fact that if you have a patio it is more of a dining experience and not a rowdy experience other people would like to see in the neighborhood. living down the street, i have experienced many different bars and restaurants that do not have patio's and find some more of a nuisance because people end

up leaving the area and come out screaming into the streets. living in the alley where i do, i see that happen a lot. darren is very responsible, and when i heard those readings were taken on monday and tuesday, it is easy to see where you can go with them begins and always being a lot quieter. >> next speaker -- where you can go with the ambient noise the a lot quieter. >> one thing that bothers me about this case is that there have been a lot of restaurants in the area that have opened. they have outdoor seating. this over and maybe six months ago. the bricks and had doors that opened into the streets. both of these areas have bars. it is unreasonable to think that

an area like this one further in is being denied something the rest of the district can have. it has more seats than what they are asking for. this was an area where many storefronts were. the brickyard has done nothing but add vibrancy to the area. it is only going to add more business to an area. i cannot believe anyone is trying to stand in the way of commerce. thank you. >> i am a resident in san francisco and also a business owner.

i used the company, but we found them on google. we had a noise issue at our first establishment on a cold streak, which is similar to union, who -- on polk street, which is similar to union. they have heavy traffic and have been created for mixed use. i just want to say that even though they have gone in our favor, we were able to avoid this process where we had an amicable agreement with the landlord. our landlord was happy. our tenants were very happy. expertise was definitely the finest. i also want to save us -- to say san francisco has a long history

of being a vibrant nightlife community. i think we should be lucky to have people like logan and darren, to engage the community. we could have owners who do not listen and cause trouble. these guys are doing what i think is best for the neighborhood, and i hope you'll approved their applications. >> next speaker please. >> i am from 2827 octavia, and i wish to point out union street is not one long commercial strip mall. we have lived in the location for over 30 years and survived. it is a great thrill to live by union street. there are college football games, and it is a great guy to

hang at a bar, but when people get tired of the noise, they get to go home, but where can we go? this hasn' 100 yards of busines, and sherman elementary school is a block away. the crab shack and bricks and are across the street from the shuddered metro theater. good no one lives there. ambient noise issue is not the same. the reason people complain about process and government regulations is the government levels the playing field. neighbors are no match for the developer. we have been opposing this since the front of the building was ripped off without a permit over a year ago. recently we were invited to see the brickyard. it is clear to me if the three doors were open and there are 30

or 40 enthusiastic people at the bar, there will be plenty of noise. they say we can call and they will address this issue. i doubt they want to be known as wet blankets, always telling their customers to be quiet. i do not think it is a role of the neighbors to call and complain. i do not want to be a wet blanket either. one of you said it was generational. let me introduce a little jewels. he is 17 days old, and his parents agree they do not want to have open bars with a patio. we are not opposing the business, just navarre's. -- just the bars. >> good evening. my name is eugene.

i represent a condominium one block from the brickyard. it seems ironic earlier you had a hearing that a noisy bar could solve its problem by closing its doors, and here you have a relatively quiet arbar. the word patio strikes me as odd, because it is really a deck, and access is really through french doors, and every time the door opens or closes, that is when the noise is going to come through. the neighborhood has been very amicable working with the brickyard, and we are happy it is such a thriving establishment. it strikes me on debt in an earlier report they are going to close the doors at -- strikes me as odd in an earlier report they are going to close the door at

7:00. doug -- the door at 10:00. i think this is the situation where status quo is appropriate. >> next speaker. >> carry morrison. i have lived here for 35 years. i would like to thank members of the sport. clearly, you heard the community. -- members of the board. clearly, you have heard the community. here we are with the brickyard saying we have done nothing wrong. that is untrue. they were instructed by you to find solutions, and they did not. instead of working with neighbors to find solutions, they notified us of what they intended not to do. like it was so innocence when

they thumb their nose at a loss of san francisco and illegally ripped off the facades of their art to broadcast -- of the bar to broadcast at the community. where are the penalties and and and and and and and now the brickyard checkbook has paid for lawyers, expediters, and now sound engineers. the brickyard is using hired guns, and if you examine the priests and permit submitted, they are gaining the system. all this at the expense of neighbors, savings, and precious time. we are trying to protect our school and our homes from the kind of bad taste they demonstrated from the very beginning. in this country, we have laws that need to be followed to make

it a pleasant place to live. they need to keep the noise off the street. they need to rebuild the sun room. thank you. >> next speaker please. >> i live on green street behind the brickyard, and when we were here the last time, you speculated this issue was one of the gray hairs against youngsters, and i want you to know our neighborhood is filled with young families, within four homes we have 10 children. four of them are newborns. the timing of these meetings precludes them from coming here. they are preparing dinner, so they are relying on us gray hairs to represent them.

they submitted, along with over 100 letters to the planning commission and supervisors, they submitted comments, concerns, and in some cases, opposition to the brickyard, and i wanted to highlight a couple of them. one woman on octavia street, currently the bar creates a great number -- a great deal of noise during sports night. we continually have to call to request the back door be closed due to excessive noise from the inside. this one says, my wife, young child and i live less than 300 feet from the brickyard. when it first opened, the noise came all the way down octavia into our home. we could not believe the law would permit this to occur. here is a family with a new baby. it is an incredibly loud sports bar. there is no difference between outside a cafe tables.

a woman across the street, i am a child and family psychotherapist. i specialized in working with families buying those with autism. many are sensitive to loud noises. this would have a direct affect on the health of my patients. we are asking for your help here. thank you. >> next speaker please. >> my name is sherry. i am of property owner and president directly across the street. regardless of what the technical data analysis shows, i am concerned there will be a continuing problem with open patio doors. recalling on an earlier occasion, after i had given complements of the interior

design and was introduced to the original floor manager, when there was an event going on, i asked danny to come across the street with me and listen to what the sound was, and danny said, it is impossible to control the sound of patrons with an open front, and i see no solution. if there is an open front patio. the brickyard has not come up with any solution. >> 6 speaker please. -- next speaker please. >> i think what we are talking about is noise pollution, and we really do suffer from it, and it

is going to get no worse as we get warmer weather and bigger crowds, and if they start serving on union street common and it is out of doors on union street, and it is a cavern. if they did their sound check in the evening at about 10:00 tonight or even 8:00 at night, you did really high readings on noise pollution. anbar music is not lullabies, and that kind of solution is very hard for families to have in their ears during today and particularly at night. if there is some way of controlling the noise, it is not that we wan do not want the

businesses to succeed. i want them to succeed as well, but they must keep the neighborhood all live as well, and property values are another question when you talk about noise pollution. >> would you care to say your name? >> beverly, and i live on filbert st.. >> next speaker please. >> my office is across the street from the brickyard. againsi spoke before on how lout is, and i also heard some reports, and i want to say even

their own measurements show that the noise level was high, and a dining experience for 10 people should not equal our discomfort. nobody is complaining about others. they are not our neighbors. if their neighbors wanted to complain, that is fine, but i know they went through proper channels to get what is required to achieve outside seating. we are also part of the community, and they do not feel suppose should benefit from that. i think it is really nice that they want to share what is going on inside their car, but we would like to politely -- inside the bar, but we would like to politely decline having to listen to it. there is a photo from this past saturday, and that was very

loud. thank you. >> next speaker please. >> my name is jim connolly. i animal home owner and live on green street -- i am a home owner and live on greene street. this is my second appearance on this particular issue. on listening to the testimony today, what struck me is i do not recognize ambient noise. i cannot identify ambient noise when i hear it. i could not tell you how many decibels i hear, but i certainly no loud noise when i hear it, and i would ask the board to think back to our last meeting on this issue and the dramatic down record things that i think caught all of us by surprise -- dramatic recordings

i think, all of us by surprise. listen to that noise and know how much it is impacting in a negative way this community of homeowners. >> next speaker please. >> patricia. what we have is the issue of the doors. this is of a one. -- a big one. i am suggesting the doors remain closed except one door in and out if they would like to use the patio. i do have concerns, and i thought about this really hard over the week, of people staring out fronts of buildings, not getting fines because of political pressure put on the planning department and the department of building inspection on this issue.

people represent themselves as expediters not listed in analysts -- and the expediters list of the ethics commission, but they have done a great job on inside. it is a beautiful restaurant. noise is the issue. my suggestion is to keep all the doors closed except for the one that swings in and out for the waiters and waitresses. there has to be a compromise, and the fact is when i hear that the day before a brief is supposed to be in, a meeting is called the day before they are supposed to be working hard on the brief common -- on the brief, it concerned me common -- it concerned me, and i believe some compromise has to happen

during grosvenor -- has to happen. status quo cannot continue. otherwise, it will end up in court. it is up to you what you do. >> is there any other public comments in? seeing none, the matter is submitted. >> i have a question of mr. sanchez. i am not saying it is as simple as coiling down to the issue. would you tell me, when something comes before the planning commission that noise is an issue, how you establish an ambient noise issues? does your department rely on the entertainment commission, or do you have something? >> the noise ordinance is contained in chapter 29 of the

police code, and it establishes different agencies have different responsibilities, and it is spread across the department of public health, the department of public works, entertainment commission, the police department. when we received complaints relating to noise related to an issue such as this, we referred to inspectors who have the appropriate the equipment to take measures to ensure compliance with the noise ordinance during -- noise ordinance. >> did anyone go into questions about how they established the basis? >> the questions that were not raised to my knowledge, we did only received this week a report from the appellants that contains the sound engineer report, so we have not had time to review that with the

entertainment commission, since we came in i believe on monday, so we have not had time to confer with entertainment commission. the noise ordinance is a bright line. they are in violation of the noise ordinance. they say they are not in violation. if we receive future complaints, they can go out again. we can have them investigate matters to ameliorate thought. >> the last question would have to do with commission staff. it had to do with the retractable awning, and that was based on recommendations by humanwhom? >> that was something that was developed by project sponsors and neighbors, so i different to the neighbors -- i defer to the

neighbors on how it was developed. >> thank you, mr. smith. >> this particular case brought some interest to me, so i walked around area on an evening when it was relatively busy, and the intent was not necessarily to be able to do this, but what was important to me was to go there.

what was interesting for me was to see whether there were fluctuations in the number of people and also whether there were corresponding fluctuations in the sound lendvel, and i foud there were fluctuations, and that only a little bit about the facility, the type of clientele, and what occurs there. the interesting thing about the technical analysis is that to a certain degree it has become a science.

earlier in my career, it was not a science. it has become a more simple, and they can produce different types of recommendations, and it does not necessarily fly in all areas. i do not think the technical analysis is all about important to the issues before us. the problem is that the noise code and people's perceptions are so different. what may be a sign of vibrancy to one person is different to another person, and that is going to vary tremendously.