feet by 45 feet so fairly small. we are able to provide 7 new housing units, two of which are stated will be 3 bedroom family size units and what we feel is necessary for those units to be effectively a family unit is to also have the off street parking and again, we are looking at providing 2 off street parking spaces. by use of a car stacker it does not preclude or dus not require any further widening of garage door to had street, so whether there was a garage for 1 or 7 cars, the same curb space is taken at the front the building, the garage door remains a single door of approximately 9 feet in length which allows access for the 2 cars independently to use the car stacking device. because the

lot is only 45 feet deep, sth cars will park within thfirst 25 foot zone. the other thing mentioned about bringingic tavety to the street, since the previous iterations of the project where the parking was never questioned and activating the street wasn't a issue. we have provided one the 7 units at the lower ground floor level so we activated that along with a lobby area. we are appreciately engaging about 24 linear feet with 45 foot dimension so we have a active front and hope you can support the parking as well as the rest the project. thank you so much. >> thank you. i know [inaudible] from the supervisors office is here. >> first let me say that good afternoon commissioners and director ram.

i have to say-i have to honestly say some of my gray hair is from this project for the last 9 years as a aid and so i am happy to be here. i just want to speak today in support of the cando project at 616 divisadero including the harding theater development. supervisor breed feels the project is the right combination. finally after 10 plus years. the harding theater as a entertainment business and arcade fits within the devis dareio corridor character, a business that may not have been possible without supervisor breeds preservation which the condoes are subject to. the idea of a arcade is enthuse astically supported.

first supervisor breed came into office she said this is something i want to see be completed and everyone happy by the end of my term, so we are hoping that happens today and to put it simply, supervisor breed is esstatic this project is moving forward and supports it fully. >> open up for public comment. michael smithwick, kevin weir, [inaudible] penser. jj strausal, gary stevens and cristina [inaudible] >> michael smithwick and lived 2 blocks from this project for the last 26 years. for those 26 years i don't think i have seen anyone go in or out of the building. it has been a

dead space the last 11 years i guess it has been boarded up cover ing graffiti qu fites to correct that so thrilled to see this happen and get much needed housing in the neighborhood and for the city and reactivate that space. the other thing i will add is it has a wonderful entering vestibule as a grand theater does. it has a nice tur ozo on the bottom. the sidewalks on divisadero are narrow and try ied to solve that but it is narrow sidewalks so i appreciate the privately owned part of the space that is the entry provides depth to the sidewalk at that location. that gets congestion out of the way and enlivens the space as well

so very thrilled to hear this happen. >> thank you next speaker, please. >> good afternoon everyone. my nake isen weir and live at 1290 hayes. the building on the corner that is sandwiched between the 2 structures. excuse my nerves, i ppared what i would say but it may go out of my head. it is nice to finally hear about the plans. i have been traveling a lotto missed a lot of there planning meetings and i'm new to the project. i think it is better to have the harding theater stay there and not go through demolition , but we have concerns. i am as one of the few tenant-it isn't a huge building but we have concerns because the area changed over the 10 years. i have been

there since 194 so i have sheen it change dramatly over that period of time and we have great businesses there that are good neighbors and partners. nopa and some of the other ones around. we just have concerns. we don't have the band width for the traffic we already have so that is something that hopefully will be addressed with the planning of the is. even with the lugestics of the building itself rkts, we have shared utility lines so our phone lineerize on that theater and these are things we haven't been communicated to that well over any the planning that happened with this so it is nice to see the people here in charge of this but for those that have to live through and suffer through it is nice if there could be

better communication. weare not trying to stop anything but hope the emporium and their owners would be good neighbors and partners as apos said to having a successful business on one side and cuck sessful condo on the other because we have to live there and keel deal with it. i support something positive happening. it has been hard to see the decline of the theater over this time. i knew the members the church. they were great people. they were a good part the community and hope they can be a good part the community, but there are concerns. thank you. >> good afternoon commissionersism [inaudible] with north of pan handle neighborhood association board. i will speak for jj [inaudible] a board member who had to leave to pick up his kid at school. you did receive our

letter which was summarized of how nopa is excited about the developments both as a long time blighted harding and new housing, which is welcome. one of the reason you received our letter is because we were on the fence until we knew for sure there was a tenant signed which there has been as of last night and we do appreciate the brothers coming to our meeting and letting us know what the plans are, we think this is a good for the-especially happy to hear the new improvement to start day time hours at noon. we work with the devirs dareo merchant and it is very important to have more day time

merchant activity as well. now i'll speak for myself as a neighbor and architect who knows what the processerize like, i support the variances for the housing because this is an unusually site to work with so the front set backs do seem like a reasonable hardship. the rear yard limitation is reasonable as well since we are fortunate to be in a area with a good amount of green space, alamo square, the pan handle and buena vista. thank you very much. >> my name is greg steven and ceo of cotent and save our theaters and i want to give you a backknround of who we are. in 2004 we prop l on the

ballot that saves all the movie theaters in san francisco and use a portion of hotel tax to pay for it. that initiative didn't pass and the government promised to the people they had a better way along with the neighborhood [inaudible] foundation they would save the theaters their way, so we stepped aside and have-and can say the watch of theaters is under the city and neighborhood theairtd foundation but if you look around there are not many theaters left. before i spoke we talked about a balancing the economy and all the arts and one of the things that we think is going on in san francisco is we are displacing our artist. we are displacing what makes san francisco great and that love of

culture. what people don't realize since the theater closeed 43 years ago, very few people have seen the inside and don't know what it is and what they are giving up and what we are giving up here is a castro theater at the majestic quality at the scale of the castro and it is such a high quality we believe it should be used as a television studio and the reason san francisco doesn't have more media is we have no studio space. there can not be a jimmy kimal live here because the spaces don't exist. when we take this art space-we do not necessarily approve at the form because when and do gaming what you are doing is firing the artist and get rid the performer and why it sound like it is entertainment,

it is entertainment without people. when and get rid of the seating and it is secondary and have no seating you have no focused audience. we are not looking at it as making another movie theater, we are saying this is so great it can be a tool of economic revitalization and we can fulfill that prom ess so we save this along with the yogesee and plan to put this on the ballot in june. it is going on the ballot and know how to dothat. we also think you need to save those lots because without freight entrance we are not interested in that theater as a stud wroe. what people need to take into account is what happens if these guys go bankriment or leave because we are here for 30 years--[inaudible] >> thank you. next speaker, please.

>> christie [inaudible] with [inaudible] and save our theaters. this is to oppose 10 a and 10 b. this foreign non san francisco entity doesn't have a plan [inaudible] open the opportunity to a more socially minded plan. the plan proposed dozen offer our community value aside from more expensive unit. pin ball, fuse ball, arcade machines are not art and they rupeering to be a non viable economic solution with the foreign owner. save our theaters [inaudible] created space to support local artistic talent. >> any additional public comment? public comment is closeed and opening up to commissioners.

>> mr. silverman have a question about the use because this is presented as a preservation and the screen remains and according to the plans there is still a bal cuny above but they want to take the bank off where the seats are now. is their ability to put seats back in if they have a puformance or movery? professor>> there will be about 100 seats. there will be a stage and screen for movies. as far as the angle of the slope of the floor i'll let the architect address that >> that is important to take a look. there are a couple speakers that addressed that because that is concern we want to be able to be flexible to use it as a movie theater or live performance >> the proposal is level out the floor

much in the way the masonic is altered, the fox theater in oakland and warfield on market street. there is more flexibility for standing live performance event, chairs could be placed on the flat surface as it stepped so the entire space isn't at one level. we are proposing 3 step terraces on the auditorium and 4 on the balcony. >> it sounds like you have steps so if and have a movery or live performance you can put seats in there at the different levels and someone can have that which i encourage because the big thing is it is supposed to be a community space and any the arcaidde type games could be taken out temporarily and the seats could be put in.

>> correct and there is a mobility feech toor the arcade games seem with the seating. i know the masonic and fox where they brought in seating so that is something that is conceivable. not sure whether that is in the emporiums plans but they have the flexibility and from the discussions we had with the emporium with danny and doug they want that ability. >> i have a few comments, i think it is a good project. i go back to the original approval on december 4 of 2004 when the commission approved the plan to essentially demolish the theater and build 18 units and parking spaces and then appeals came forth as to the historic naich thorf theater and it wasn't for another 4 years till alternate plan came up with

only 8 units and savored a good part the theater accept for the fly. it still was appealed and felt it was generally decided the fly was essential because many theaters were built thun 20 pfs for movies only but this was built with the idea it could be live performance area and included a fly which allows you to store your props and everything in there and have these items that will allow for live performances. as it turns out it is great it is being saved and have to make sure this type of use is practical and part of any approval we make. i'm also in favor of the cono miniums in the other lot which make a lot of sense and help to make this all possible because this particular developers is doing a lot of

this to save theater and space and make it a multi-use area and liven that dead part of divisadero where it now sits. their frontage there is 45 feet and hayes as pointed out is not a area where you will have active retail use. in fact, it may not be permitted and if it is permitted it isn't encouraged. 45 is a lot wider than many victorians that are 25-foot lots that installed parking garages in addition to the door ways. the parking garage in the entry and passage way on the side for emergency exist from the harding theater makes a lot of sense to me, especially we do want multi-bedroom unit, family sized unit and anybody with 3 bedroom with

children will want a parking space. they won't run around trying to take their kids all over the city to school and other places if they don't have a place to park the family car and it is a litm tough to park on divisadero. in favor the project as it is with the caveat that the theater has to be designed in such a way to allow for live performens and movie performance and assembly area for the neighborhood and what a speaker thought about a filming or types of performances that might be filmed on television. i'm in favor. >> commissioner moore >> i have a couple questions [inaudible] the architect describes he made modifications to responds to had department challenges regarding parking

within 25 feet. are the drawings reflective of what is emplied or is that is a [inaudible] what you are trying to suggest to them? >> the drawings the commission represent what the project sponsor is requesting. >> what he is describing? >> yes, >> you are standing with your recommendation to the commission that this does not meet the departments interpretation for the first 25 feet? >> that's correct. >> thank you. >> it needs a variance in order to proceed. >> in order to be fair to everyone else in that predicament i strongly support the position the department is taking because that is essential to creating on small lots what we want residential frontage to do.

another question-skipping fast forward. i was part the 2008 extremely complicated and laborious effort to assess the condition of the harding theater which behind the facade was vandalized and brought into question how to support the preservation that was a historic resource. [inaudible] squp the slope for the theater which was a big part the special character of declaring it is a historic resource i do recall the apollistry there was chairs broken apart that the chairs themselves, the way they filled the auditorium including the apollistry were part of what was required to be preserved or restored. since we were as commissioners asked in smaller

groups to tour this devastating experience in the theater we took a close look because see tg first hand [inaudible] we needed to weigh of what we could support or not but in the end the commission was very strongly in support to see the restoration follow the secretary of interiors recommendations. in this particular package i have not seen or asking had this been disacussed with historic preservation to the extent we as commissions at the time need to look at this? >> my name is shelly [inaudible] preservation planner who reviewed the project for the categorical exemption. i am familiar where the project and assigned for the last 6 yearsism we ruvood the project [inaudible] per the secretary of intear yer

stamdards and we found that it would meet the secretary of interior standards. [inaudible] called out a a contributing feature the interior space. it is one of many contributing features. it wasn't consider a primary feature such as the stage or [inaudible] or the exterior features and considered the loss of the seating in our evaluation. we found that loss would not rise to the level of adverse impact to the historic resource. the vast majority of the resources will be retaind and preserve and the historical significance will be conveyed. do you have other questions? >> yes, for example a hithetical question, in the case the currents user cant maintain a successful business operation which is part of

verchering into using the space like that, would we be able to reuse the theater in any form or shape as a puformance based [inaudible] >> we work would the architect to insure the teared flooring is in place and will be under neath the plat forms created to [inaudible] the plat forms could be unbolted from the floor and the tear ded flooring space would be restored. the new flooring plat forms will only be bolted to the floor surface and will not attach to the deckative decorative [inaudible] work [inaudible] in addition there are two smaum infill areas in the lobby which could be removed in the future without harming the characters of the

space >> is there a historic preservation architect to advise on this? >> gary balian architecture thfs historic preservation project and involved in the project since 2012 if not before. >> thank you. >> commissioner hillis. >> thank you for the-i live 3 blocks from the theater so know this block well and thank you [inaudible] in supervisor breeds office. it was a long time yfs i was involved in this project and able to tour the space and think it has come a long way and taken a long time but a better project prevailed where the keep the theater. it isn't kept as a theater

[inaudible] you have to reuse thes but it is done in a way that could be reversed if needed to and if demand for a performance venue came back again, so i think that is being done well. i particularly like the fact they are preserving the 2 adjacent retail spaces so you get 3 retail spaces and reuse and activating the hayes street frontage which also isn't pretty at this point. it is a place that cleblths garbage on hayes, so it is a about time. we have a project we can approve and adaptively reuse the theater. a couple questions on the hours, i was concerned to see the week day hours were only 5. how did that come about because i know this area is

primarily food service and restaurant and a lotopeb fronl dinner so think it is great you propose to change that and open at noon. how did the original 5 p.m. come about, was that a staff recommendation or proposed by the project sponsor? i guess it doesn't matter- >> there were discussions back and forth and probably went into had motion and didn't catch it before but it should bow noon and not 5 >> i support that. the parking is a variance but just so we understand it, because i think if you walk down that block all most every project or building has the traditional parking and residential entry. the rosen for the 25 feet is because the lot is l shaped that fronts on divisadero and don't want the parking on the

first 25 feet but retail isn't appropriate on the side on hayes street, so just maybe clarification on that. >> [inaudible] a couple issues there. the parking variance is before the zoning [inaudible] part the overall project with the cu that is before the commission as well. active use does not only include commercial use, it includes residential use and residential lobbies. when we talk about active use requirements it isn't just referring to commercial use it also refers to residential use. we do acquire that the ground floor has active uses, but they don't have to be xhrjs >> we require that because this is a n ct and want it on devis >> the active use apply in a

very portion of the city not just nct. the issue with the parking which applies where the is a parking maximum is we have a parking set requirement. we don't want to have parking at the ground floor that essentially results in blank walls >> if you go lot east on hayes street would that parcel require the same active frontage? >> not necessarily and just to continue on that, we do have a scale of requirements for parking when it comes to how they impact the ground floor, so we have the 25 foot set back requirement. if you only park one vehicle you can park within the 25 feet because it doesn't make sense to push it back further. if you only park 2 you can park in tandem so

essentially 50 feet. in this scenario they park 2 and the depth does want allow them to do the way the code prescribes and that is what triggers the variance. >> what is before us on the parking? what is before the commission? >> the project is before us >> the code allows how many spaces per units in a nct? >> in this nct- >> allows 1 to every 2 units. >> they are allowed 4 and a half >> the 2 spaces are permitted how they are located >> they are doing less parking than they would otherwise. i think they can't do more unless they -constrain the lot. [inaudible] i'm fine with the parking. i think the reason it

is coming up as a variance is the way the lot is l shaped. generally i'm supportive of the project and change of hours. >> commissioner richards. >> couple questions. i thinkimeer ex static the theater is saved and done in a sensitive way. this is 2015 and have to find a economic model that works to get this all to work with the housing and business and two store fronts. maybe the director can help, the other theaters that had this kind of food and beverage type thing like the new mission, is there food being served here or just a beverage? >> my understanding is no food will be served. >> i don't know if you recall, is it a mix of food and beverage? >> i believe it but it they

also put 4 screens-divided into 4 screens at the new mission. >> so, i'm not antepin bowl or pole, it seems like there is so much less community space than like a brew cade in my neighborhood which i frequent. i do share concerns about activating the community space and having live performance and movies. my question to the folks that spoke gaenss it, the appeal happened 2005 and 08, all this time elapsed what happened in terms of your ability to activate the space? >> the watch of saving movies theaters is under the city and neighborhood theater foundation. we are a different organization. we are the ones

that put it on the ballot and solve this for real. the other thing you have to understand is that when we put this on the ballot we will fund it so not allow that to stay vacant, we solve the problem and not only that, the owner of the property will make whole and compensate in such a way whereo theresenoharm rchlt we are interested in what is the greater gooed of revitedalizing the artists in san francisco and if we rid of all the theaters and if you get rid of that lot we are not interesting and can't use it. i was talking to debbie brew baker and requirement for the studio space is have to pull up a big rig there and unload in the rear stage, if you lose that it is unusable for. you put the housing you killed the theater and having a 100 seats doesn't

create a live audience. it is like saying you will do something but you get rid of it it doesn't work. >> thank you. project sponsor. yes. >> so you have how many establishments? >> 2 in chicago and about theopethen third. >> the one in chiaugo are they ret row fit like this >> no they but they are in [inaudible] we reused a lot the original wood that we had to relocate out of the ceilings. the other is [inaudible] we do care about this preservation. >> how many type of live performance ? >> we do have a lot of that. i feel i

maybe under represented that part the business because we valot of live purp fons and 20s foot movie screen and have video games--on the screen we do live events 3 or 4 nights a week and fund raisers. >> thauf top of your head as percent of hundred how many performance and movies? >> i say we have some type of performance or event more than 50 percent of the year >> do the other locations serve food? >> one location we have permanent food truck with food truck operation come in and take it over. the other one we do a bring your own food where we partner with local rest ron in the area and

allow patrons to bring in their food >> i would love you for you to apply that here >> partners with local restaurants is the reason we want to [inaudible] providing food would force to alter the space to make way for kitchen and things like that >> sounds fantastic to me. you converted me. thank you. >> commissioner johnson, >> just a couple questions. generally speaking i think this a great project. the first one is i look at planning staff on this one, but we'll see if you can answer this. i appreciate that we use that empy lot for residential and understand the people who are objecting would want to see that space used for space that would make the stage more useful for other events but i'll get to that in a second. on the

residential there are 2, 3 bedroom units which i think is fantastic we are doing family size housing but i'm already anticipating those families showing up and saying my poor toddler can't sleep because they are playing all that loud music until 2 in the morning. is there anything that can be done to sort of prevent that problem happening or are there sounds proofing or something along that east wall? we have been through this with so many other neighborhoods and i support it i call mixed use development but anticipate the complaint that may show up. >> my understanding is for the emporium tenant to get their place of entertainment permit they have

to go to the xhrt tainment commission and that requires notice. i do know that the project architect has probably more information as it applies to sound proofing the new residential building: >> the there is legislation supervisor breed put forward that requires new development to have higher standards when pertaining to a entertainment venue >> we had version of residential new [inaudible] next question, the idea that was floated just now with commissioner richards line of questionings brings up my question about the off street loading requirement. it is difficult to have food trucks outside or loading

for live performance. my question is if we do not support that variance for off street loading what would they do? >> they go to dpw to get off street loading permit. [inaudible] yellow zone that they use and my understanding having spoken with the project sponsor that they are in talk with the owners and operateers of the independent to coordinate their loading in the same area at slightly different times in the day sharing vendors because a lot of the delivery may be from the same vendors. >> i am aware the independent is nearby and familiar with that area, this may

be a dpw question, but if they were to not support that variance, would there off street loading requirement over lp with the independent such that it might have the same impact? i'm concerned-this is supposed to be multi-use and support having live events and thinks where you need to load things that are not necessarily kept in the building so i'm very concerned about setting up a circumstance where there are issues in the neighborhood with traffic and watt not because we did want give the building what it requires which is space to get stuff in the building and space to have food trucks outside for special events or space for vala parking. do we think those spaces would overlap if we didn't approve the variance?

>> it is difficult to say. they have a secondary option to egress corridors that go through the residential building. those connect with the rear the harding building. it is still on street but in front of divisadero isn't a option perhaps on the hayes frontage that can be a option >> if the variance waents granted they have to provide a off streelt loading space and at this point is on the portion the site are where the residential is proposed. all the [inaudible] on divisadero is taking up. cutting a hole into that wouldn't work. the very short answer is if they are required to do off street loading that would completely kill the

residential building or significantly impact it because that is the only place on the site they can put off street loading >> they have to cut into the plan for that building to have the off street loading? >> yes. that is the only viable place and the architect maybe can speak to this better but my understanding is that the only the place to put off street loading. >> sorry i'm raining on this, if you have a building like this we make financial change tooz have the residential there that proclude some use, not saying that is a huge deal but procluding some use, we not to just keep it be a theater because there is a mar key on the outside but use the space. what we are saying is they would be a hardship to have the hauf street loading so they work something with the independents >> the independents loading is on the

street. >> it is on the street. independent up the block from this so they would share that on street-- >> they would have to figure it out on street. whether that is working out something with the independent or some other arrangement with dpw. that private-they have to figure out a on street solution if they provide no off street loading. >> i have a couple other questions and may come back to this item because this gets to the heart of supporting the arts and other performances at that space and this is where it doesn't seem like a big deal and come back a few years later and wonder why there are not as many performances at the space and the answer is because there is no

loading. we can't get stuff in the building so trying to head it at the pass. last question, i support the hour change to noon. i thipg this is a place that would have business in the late afternoon. it is a interesting layout but support it is multi-use, [inaudible] that is why they closed douchbfelt i think we need tolife how to use that space and think that is a good thing. the only other question which is obvious one, the teared seating sounds like there are plat forms that can be bolted on and off to make it level for when it is multiuse arcade and taken up and that is teared seating for performance up to 100 seats

and ask the obvious question that that is the plan if there are performances in the space, it isn't just something with wherethe platforms are bolted on and there in case the building is [inaudible] in the future and restore it but that is part the operation. >> my understanding is the tier floored is sem i-permanent. where don't think it will be removed between performances. i know danny how you would--it would not be a flexible space like the oracle areney arena

where it transitions from one set of seating.

>> lots live music events and night market craft foods and people come together and turn the floor into a market type place we do toy drives and

sponsoring organizations they have a band and play games if it is a fun space for people to come whether a company party or fundraiser it is an attractive space a community driven space we partner with local merchants all the time and could support each other through serving food for the patrons or do group birthday parties and that kind of thing we do fundraiser and stoop all the time. >> commissioner antonini a question for the project sponsor maybe staff mr. may there are passageways alongside the residential onsite ain't e onsite i believe those assess

the hampering theatre that's correct and yes. >> how wide are those spaces there are ways to bring proposals or things into those spaces. >> yes. they are i believe 5 feet in width 5 and a half feet. >> yeah. that might be bringing the larger items through the front you probably could bring things along the side with that, i'm going to propose approval conditional use of this as presented by project sponsor which will include the two parks parking spaces place and the openly other 12:00 noon and closings times in the staff report ability for some sort of you don't need a kitchen by a

refrigerator or some sort of headed elements that allow you to have food service you might have a truck out tolerant but space within the facility to keep the food from spoiling and make that more easily served work with the dpinlts to try to solve share they're loading space with the surveillance will be allowed and that will say my motion. >> second. >> commissioner richards. >> yes. obvious question we're having alcohol i'm not sure the license 282434 people between 18 and 24 allowed in the premises. >> 21 okay. >> and is if state law.

>> yes. >> okay. >> director ram. >> thank you. i wanted to we've all been working on this project for a very long time not the only theatre and space of this type 1 of the challenges we have at every city older city the reuse of old theatres and churches not used for the original purpose and the reuse of those exteriors embroiders are challenging the staff working hard to make sure what is done can be undone and returned to a traditionally theatre in the future i think this is unusual the theatre it being used for performances and entertainment and other theatres like the metro as a gym which takes a advantage of the space but it is more in keeping with

the historic use of building it is a performance space or can be used for a performance space unlike other space thanks. >> sociocommissioner moore. >> can we condition a project in front of the to do things not designed for example, food storage o storage and heating of food has its own challenges by saying are we over stepping our ability of what challenges there is a generic so for the for the building for we can't start to shape the concept of was in front of us that might fly in the face of that will an approval what's our response. >> if i understand correctly you're asking can question condition a project to affirmatively fact on to

project. >> that's what we're trying to do. >> i'll defer to the city attorney on the final say there is some amount of difficulty in doing something like that there maybe other regulatory issues or constraint that are not aware to us at this time. >> the other question have you made suggestions relative to those two parishes being at an democrat spaces they're not requiring a surveillance i want to 19 see a pro-active of parking not not form has staff maids suggestions of how to achieve that. >> the problem i think with doing at an democrat we have a. >> i'm sorry the problem with at an democrat we have only a 45 foot deck so not even that.

>> chris. >> yeah. a corridor at the rear of the ground floor that projects forward there isn't that much spaces for at an item spaces. >> not enough height for the mechanism stacking. >> they're proposing the stack one the first 25 feet. >> i have a hard time supporting a project with a residential project with a variance we can call it two but the residential did work. >> the variance is in front of the zoning administrator. >> my support for the project is con migrant things are done in the way to support you're policies i have a problem. >> commissioner johnson.

>> thank you commissioners commissioner moore point the motion to the requesting you cus but at any rate okay. just a quick question for the yes, ma'am importantly have you spoken to the independent authority on the loading topic. >> yes. i met with allen scott and john i believe this morning the owner and generally manager to our earlier points we'll primary if not all the disinterest rates from the same beer companies many prefer that that will not present any new

deliveries in the neighborhood and generally establishments at the same time and traffic times so, yes we have discussed with them. >> okay. thank you. >> i'm going to ask for an ad to the motion a 6 moss month look back at the opening to see the events and how - >> that's fine i agree with that. >> is the seconder. >> so moved. >> may i have a point of clarifications that on the motion my intentions on the draft motion couldn't allow them to open before 5 they want flexibility to open at noon we are not asking they shall open at noon the opening time will b

be according to the market. >> not open any earlier on any given day. >> so zoning administrator. >> that was a question to speak on that issue which is the district they're in allows the 6:00 a.m. to 2:00 a.m. the way the motion was drafted a condition of approval limited hours of operation not until 5 from the commission wants to provide no restrictions beyond the hours of operation we'll eliminate that that will allow them to open at 12 or 11 or earlier i'm not sure the commissions desire to put an a.m. limit or not provide any alleged restrictions other than opening from 6:00 a.m. to 2:00 a.m. >> i have a question for the

maker of the motion basically, if we set no time and restricts they'll open as early. >> 6:00 a.m. >> that will mother happy often but okay with not having the restrictions. >> are you amending our motion. >> yes. >> for the seconder. >> commissioner richards i appreciate my fellow commission commissioner antonini taking up on this site for the alcohol to make a better project adding the condition i'm not sure what the condition was how many refrigerators or storage areas and the project sponsor appears because he's got o a good business model and maybe ask commissioner antonini not as

restrictive and take off the food service condition. >> i want to talk with the project sponsor will the understanding on that what i said in the motion was just the ability you know it is not necessarily condition maybe it should be a finding you'll try to promote food as quickly as possible that that serving alcohol housing unit without food and making it more acceptable for that people to be in for a longer period of time did that sound reasonable. >> yes. excellent food strengthens we'll draw on the strengths of the routine. >> i'll modify to make it a motion. >> director ram. >> thanks i was going to remind the commission as shelly

pointed out part of the food service the advantage of not having food services not as many operations that's one the advantages i want to mention there have testimony to the effect that some of the residential neighbors felt there was not assess i pistol that the residents should work with the implementation as it move forward it is typical. >> i would expect that is part of motion. >> commissioner moore. >> should the opening hours perhaps start with a trial period as commissioner johnson if it is dwoolt at night and the toddlers can't sleep we do have experience with that composition i'm in support of