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..

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

this work resulted in conditions for use of the patio that we volunteered, including closing the patio and doors by 10:00 p.m., limiting use to 12 seats, restricting doors that open, and installing a sound-absorbing awning. none of these conditions were in place when we first opened in 2010. yet the appellants are still using examples from this time to make their case. with these conditions in case come out -- in place, the planning commission unanimously approved this patio in january. the brickyard has taken more measures to address noise than any other businesses in union street. we've tried to work within the existing physical structure because changing it would result in construction costs and cause further financial strain on a struggling business. noise ordinance compliance is not dependent on physical structure in place. it also requires responsible management. if it were physical structures alone, no venue would be allowed to have windows or doors that open to the street. giving the existing structure with the conditions in place, there will be no violations of the noise ordin

this is a tropical feel for the patio. the inside of the club, it will be house music.his is for the outside portion. >> any questions? >> i was wondering, you said you're going to have a band? >> there will be deejays and a small ensembles. >> do you think that you need both a deejay and a ban the outside? let me ask because he is doing the event. >> we will start off with a deejay and then when the band comes in, this is the feature of that portion of the event. this is a small band and they will not have anything plugged into an empty. this is a guitar in a couple of drums. >> when i am looking through the complaints, a lot of it is about the base and a lot is about electronic amplified music. wouldn't it be great for the neighbors to not have to worry about amplified music and really have the stand be the outside music? >> there is a portion that will be the band. >> they will be plugged into something? >> yes. isn't that would usually causes the problems with the neighbors and the amplified sound? >> yes. these are made based on this other event that we usually do.

this is a tropical feel for the patio. the inside of the club, it will be house music. this is for the outside portion. >> any questions? >> i was wondering, you said you're going to have a band? >> there will be deejays and a small ensembles. >> do you think that you need both a deejay and a ban the outside? let me ask because he is doing the event. >> we will start off with a deej

it is not operating as a simple patio. i do not think i am prepared to completely overturn what has been granted by the permit owners that there is anything we can do. >> i would remind that something has redone -- has been done, and it had to do with one door being opened in your your -- being opened. these issues have been addressed. i was very disappointed that someone said the reason they did not want to do swinging doors. i still feel there is no reason to overturn this, and i would move that we of hold the planning department, -- we uphold the planning department, and to any to state the reason spellman -- do i need to stay the reasons hammond reaching the reasons? >> that is part of it. >> i wonder if before we call the roll on the motion, it looked like you had another comment to make. >> i guess part of my thoughts on this is that some of those mitigation measures do not really help, and that is the problem i had with the permit itself. some of those measures are not substantial. >> did you have any you wanted to

for exterior patio and 312 notification for new pati. o. this item was hurt and was continued for further consideration today to allow time for the parties to attempt a settlement regarding noise mitigation measures. we will start with the permit holder. three minutes. >> hello, agian. ain. i am the operating manager of the brickyard. if you ask that we come to a fair compromise that comes for both sides. unfortunately, we are unable to come to an agreement and i hope you can help us come to a final resolution. i would like to share the landscape of the commercial district. there are numerous restaurants that have facades fully open to the outside and have residences in close proximity. this is the crab shack, seating for about 24 people outside. this is beetle-nut. a facade that fully opens with bar area at the front. french doors fully open, sidewalk seating. this is the block next to us. this one is directly adjacent to us. this is bayside for 15 years prior. there are two windows in the front that open, and these are representative of a

with that, we've pressed the board to not grant jurisdiction. >> the roll door that encloses the patio, has any of your staff or other inspectors noticed whether this is up or down? >> we have had inspectors out and we have noticed that it is

it's unusual and adds a lot of importance to the patio you sit on high on the trees above it. >> theuse reminds me of you. >> cope thokeep these comments yourself, al. >> bright and whimsical. >> oh, al. >> we'll be back with more of "today" right after these messages. [ female announcer ] this is not a prescription. this is edith and ellen. i was the first-born... i got married first... i had children first... and i'm the first to get this haircut. i was the first to get a flu shot. you didn't make an appointment yet. don't need one at walgreens. strolled right in and got my flu shot early from my walgreens pharmacist. they're all specially trained. so now i'm number one. it only took you 77 years. [ female announcer ] arm yourself with a flu shot from all walgreens and take care clinics. walgreens. there's a way to stay well. g from all walgreens and take care clinics. pasta bowl is almost over. for just $8.95 try new sauces like roasted mushroom parmesan and hearty pizzaiola meat. choose all the sauce and pasta combinations you want just $8.95, with unlimited salad and breadsticks

the first involves permit a closing all but one of the five patio doors. you may remember at your hearing, you required to doors to be permanently closed and allowed to to be open as weather permits. the second option involves the replacement of the doors with a wall and single door providing access to the patio. the neighbors did not support either alternative. also at the hearing was the entertainment commission inspector who discussed his readings and provided an overview of the noise ordinance. after hearing public comment, the board expressed dissatisfaction with the permit holder and their efforts in working with neighbors. the board expressed concerns about the adequacy of the conditions imposed by this commission. the board discussed other possible alternatives. the board first voted 3-2 to uphold the appeal and to not permit. that motion failed. the board optimally voted unanimously to approve the permit was the condition that all of the doors but one be permanently closed, requiring the last one to be a self- closing door. another item was contin

with that, we've pressed the board to not grant jurisdiction. >> the roll door that encloses the patio, has any of your staff or other inspectors noticed whether this is up or down? >> we have had inspectors out and we have noticed that it is down. that is good. it is reported that there still smoking in that area which is a violation. >> has there been recent complaints? >> the most recent complaints were earlier this year. >> what is the final amount of the sanctions you are seeking? >> i believe it was $30,000. >> can i see a show of hands of women and people are interested in speaking on this item? >> ayman neighbor in the district and i am a board member -- i am a neighbor in the district and i am also a board member of the neighborhood association. the inconsequent noise violations and other complaints that have been violated since the club is open from a random check from my personal records the other day showed over 30 complaints assisted with the cast members from april through september. all of them were told, i will fix it. we're still talking about it. if you will be able t

commissioner garcia: your statement would be right now, without open windows or this patio, the noise level is already intolerable? >> i would not say that it is intolerable. there are issues with crowds, when there is a large sporting event, because of the nature of the doors, you get sound that comes out, but i am in a commercial district, i expect some level of sound. i would not say that with the doors closed, it is intolerable. >> the situation right now would be exacerbated by having that back? >> absolutely. we haven't experienced people on the deck, the we have experienced the various configurations of the doors open. commissioner garcia: it is reasonable to say that you will be unhappy even if they don't do the deck. >> no, the noise is okay right now. i just said that. commissioner garcia: the deck is not there, we don't know what the effect is going to be. have other neighbors called the police and complained? >> i have heard that they have. commissioner garcia: what were the results of those calls? >> i don't know what the police do. commissioner garcia: as far as you know

. >>> seven months after a man was buried under a patio, no charges are being filed against the wife. she had no explanation how the body got there. the body was discovered last february. the mystery still surrounding this case. >> reporter: nevada police and fbi investigas dug up the yard behind this home in february after her attorney told police that smith's husband missing for several months might be buried under the patio. the discovery of the 74-year-old beneath four feet of dirt only deepened the mystery of the case. the body failed to reveal its secrets to the corneroner. homicide has not been ruled out. the judge said he would not file charges, not even misdemeanor charges for improper disposal. smith was watering the front yard while we approached her. we wondered if you have any comment? >> you may speak with my attorney. >> reporter: okay. >> i'm sure you have the money. >> reporter: so you feel more relieved and more comfortable now? >> randy sue is a good woman. >> reporter: there was just no evidence of any wrongdoing. justice was served and the da did the right thing.

if you are on the ground and it is a patio, it has different rules. if you lay a flagstone patio, you're not getting a permit for a deck. but if you build -- let us say you build a deck that is less than 30 inches off the ground. no permit is required. it does not go to the assessor reporter's office. between 30 and 36 inches off the ground, you need a permit. you can expand the entire size of your rear yard. if you are more than 36 inches off the ground, you have to meet the planning department open space requirements and encroachment requirements. there is a whole range. another thing would be converting an unfinished basement or adding living area, which is happening very often. people are taking the back of their grosz and turning it into their room, or an attic. that is happening in lot. you have to be assessed for that. i think that is a very green thing to do because you do not have to add building. do you have anything to say about general improvement? >> it is a big additional we are talking about attic space. when you are retrofitting for ea

. >>> no era la primera vez que la e niÑa jugaba sÓlo en el patio lo hacia con frecuencia. >>> fui a hacer nada. >>> aunque yo no estaba ahÍ todo el barrio se uniÓ para ayudar. >>> traes hora despuÉs el hermano de la niÑa hizo el hallazgo. se habÍa escondido en este micro ondas y asÍ sellÓ su suerte la Única forma de abrir era apretando un botÓn por fuera, segÚn el forense, rebeca muriÓ asfixiada. >>> muchos se preguntan quÉ tan grande era el micro ondas que una niÑa de>>> 6 aÑos se metiÓ ahÍ. >>> era uno de los mÁs grandes que si querÍa podia cocinar un pavo dentro. y estaba muy estaba mÁs grande como se dice.... >>> el aparato de 2>>> pies de largo se habÍa des compuesto dos meses atrÁs, ni siquiera recordaban que seguÍa en su casa. la Única razÓn por la que no nos ha bamgs deshecho porque el camiÓn de basura no se lo wlech o para esta familia la espera tÉrmino en tragedia, una vez superado su dolor la familia espera buscar una Órgano ni kwags que les ayude con su misiÓn de concientizar a otros padres familia sobre los pelo gracias que hay en los patios de la casa, estÁn concientes

se ve ahÍ el humo saliendo ahi >>> se refiere a este patio, es la primera vez que le abre las puertasr el baÚl. para. >>> no chocar en la pared >>> que no se tumbe >>> ya hora de hablar de su nuevo espectÁculo cÓmico que presentÓ con Éxito en nueva york y a partir de el 30 de septiembre, llega al teatro ricardo montalvan de los Ángeles >>> un espectÁculo, en el que, dice cosas fuertes, >>> muy, muy fuerte >>> de quiÉn hace el comentario >>> el peor comentario, el peor comentario, creo que es un poquito a mÍ, porque yo, estoy tratando de mostrarme con mis fallas, problemas, y cÓmo, como yo sobre salgo de estos problemas. >>> ni su familia se salva >>> y a tu familia le gusta esto >>> no nunca les ha gustado >>> te ha llamado la atenciÓn? >>> hemos tenido muchos problemas, y les dije esta es mi vida. y yo la control y yo decido quÉ tengo que decir para hacer mi arte. y de pronto, mi mamÁ, mi mama sÚper chÉvere porque le puedo comprar una casa, algo se siente mejor. >>> con su padre la historia es distinta. llevan 10 aÑos distanciados, y en junio Él se asegurÓ un diario en la gran manzan

server at this restaurant says some customers have walked away and left their meals on the outdoor patio, scared off by crowds of 20 to 30 teenagers at times. >> name calling, it's them, 15- year-olds smoking cigarettes and drinking, and bicyclers doing tricks and skate boarding. and a variety of everything you can think of. >> reporter: the manager of five guys restaurant says it's been a problem for months. >> when summer started we'd have to call the cops every day, because the kids, they come into the store in groups, they trash the place. they try and steal stuff. i don't blame people for not wanting to come down here on the creek, because they don't want to deal with that. >> reporter: phyllis, who has lived here 45 years, says the behavior is destroying the ambiance of what should be the city's crown jewel. >> and i think the ordinances need to be enforced. no bicycles, whether they're adults or children, and certainly no skate boarding. >> reporter: the police chief says they have increased patrols and are encouraging business owners and condo residents to install security camera

they met yesterday on a patio outside the oval office. >> doctors faced off on tv, verbal fireworks by an unlikely trigger. apple juice and whether the popular kid's drink contains poison. >> it began with wednesday's dr. oz show that it contains dangerous levels of arsenic. >> some of the best brains have arsenic in their apple juice. >> parents were frightened and upset. >> this is sclild there are two forms of arsenic, organic and inorganic, inorganic is proven harmful while the others are safe. the organic variety in apple juice. they didn't test. >> organic arsenic is non-toxic common in food, inorganic is toxic and we don't know from the samples which it was. >> they held up a letter that he confronted oz on "good morning america." >> it reminds me of yelling in a movie theater. i'm very annoyed about this. >> we did our homework. we made sure we got our numbers right. >> and how can you go out on the air without breaking it down into inorganic and organ zblik i disagree. we told looking at the levels. that is what the epa value was. and inish that organic argues nick is safe is

they met yesterday on a patio outside the oval office. >> doctors faced off on tv, verbal fireworks by an unlikely trigger. apple juice and whether the popular kid's drink contains poison. >> it began with wednesday's dr. oz show that it contains dangerous levels of arsenic. >> some of the best brains have arsenic in their apple juice. >> parents were frightened and upset. >> this is sclild there are two forms of arsenic, organic and inorganic, inorganic is proven harmful while the others are safe. the organic variety in apple juice. they didn't test. >> organic arsenic is non-toxic common in food, inorganic is toxic and we don't know from the samples which it was. >> they held up a letter that he confronted oz on "good morning america." >> it reminds me of yelling in a movie theater. i'm very annoyed about this. >> we did our homework. we made sure we got our numbers right. >> and how can you go out on the air without breaking it down into inorganic and organ zblik i disagree. we told looking at the levels. that is what the epa value was. and inish that organic argues nick is safe is

if you have a fire pit on your patio or backyard, you'll want to know about a recall that the consumer products commission issued today. gel fuel that comes from 9 manufactures. the cps c says adding the fuel to an already burning fire can cause flash fires and burns. for more on the recall go to k tv u.com and look for the story on the front page. . >>> visitors to the bay aquarium have a chance to get up close to a great while shark. captured malibu and transferred. weighs about 40 pounds. this is the 6th shark since 2004. hope to keep him for several months and release him into the wild. . >>> ahead, we will tell you how everyday shoppers have wall street investors smiling today. am sdom.com wants to make a deal and create jobs but there is a catch. azon.com wants to make a deal and create jobs but there is a catch. . >> taking a live look on wall street. stocks lower now after a day of trading. really light volume. a lot waiting on tomorrow's payroll report for the month of august. the dow is down 78 at 11, 533. n and p is down 10. . >>> better than expected sales for the month of

allows people to bring dogs with them to restaurants in canton and fells point if they eat on the patiot... really deleted...///. ááaáá newly... released government.../ document.../ reveals.../ ááhowáá much.../ of ...that information.../ is... being saved...///. áájeffáá abell... is here .../ with.../ a... consumer alert,.../ jeff.... the aclu had repeatedly asked for this information and now....the department of justice has released it.... and what it reveals...is that when it comes to cellphones...there are no secrets. the document outlines the data retention policiessof the five major cell phone providers... and according to the document, verizon.... keeps a list of everyone you text....for a year..... sprint keeps the same type of call log for 18 months. t-mobile,,,saves it for five years.... a-t-t....for seven. the information is helpful to law enforcement agencies which have lobbied providers to save the information. but many cellphone users have a lot of concerns. 3 (22:09:10) "we've got a lot of things going on but holding onto my data thats absurd!" (22:08:48) "its their busine

allows people to bring dogs with them to restaurants in canton and fells point if they eat on the patioweek one of conrad murray's involuntary manslaughter trial wraps up today in los angeles. and so far... the testimony has been compelling.as andrew spencer explains... michael jackson's personal physician is accused of giving the star a lethal dose of the anesthetic, propofol. propofol. week one of conrad murray's involuntary manslaughter trial wraps up today in los angeles. and so far, the testimony has been compelling.michael jackson's accused of giving the star a lethal dose of the anesthetic, propofol.andrew spencer has the latest. --reporter pkg-as follows --new insight into the moments of panic, inside michael jackson's home. testifying thursday: alberto alvarez. the pop star's director of logistics is the man who called 9-1-1. operator: ok, he's unconscious. he's not breathing?alvarez: yes, he's not breathing sir.before making that call, alvarez testified murray made a request:help hii pick up vials of a milky white substance.he reached over and picked up a handful of vials and

this space directly adjacent to it is sort of a wall, patio that mr. gladstone spoke about. if you add in the void in the middle of the stairs which may or may not be part of the project's goals, that is an

they loved the idea of shopping during their downtime on the plane but, you know, who needs a set of patioreporter: these days, they ship the stuff directly to customers who mostly order from the ground and/or the internet. >> monday mornings, we see a nice strong peak. ironically, when folks go to work. >> reporter: how about when the bars close? >> bars close, things remain a little quiet for us. >> reporter: i would think they go up. and the sky mall team tries to keep them happy bycouring 25 trade shows a year, rejecting 98% of what they find. what are your most popular items? >> one of our most popular items believe it or not is the ez bed. plug it in, turn i i on and it opens up by itself. >> here's the brownie pan. you have edges everywhere you cut. customers love those. >> reporter: what is that? >> it's called a bracelet buddy. it helps women put bracelets on. >> reporter: is this the bug vacuum? >> that is the infamous vac. >> reporter: i might get this for my wife because she really hates spiders. what's going on here? >> i've actually seen them around, people wearing them in to

this space directly adjacent to it is sort of a wall, patio that mr. gladstone spoke about. if you add in the void in the middle of the stairs which may or may not be part of the project's goals, that is an additional 50 square feet. 25 feet on each level. what we're talking about here is 350 feet of space that is open. it is open space. the commission asked again for a 15-foot setback at the front. and four-foot setback at the rear. there is already a 5 not 10 -- 5'10" setback at the front and a four-foot setback at the rear. that difference come price 330 square feet. so we're pretty much at a wash in terms of the square footage. with this in mind, it is our feeling that the top level really could be reconfigured, to accommodate the commission's decision. it could be reconfigured to take these inward facing open spaces and make them outward facing and in doing so, it meets both the commission's goals, the residential design guidelines, satisfies them and satisfies the appellant's goals. now in fairness, commissioners, the house won't have quite the same generous degree of

dice que desde junio pasado, han documentado ms de 100 robos de bicicletas, mayormente de balcones o patiostamentos. . s.o.t. rogelio gutierrez/policia de santa clara 4:18:00 está sucediendo a todas horas del dia de la noche y se están robando las bicicletas con candado y sin candado.. la policia dice que esta cantidad de robos es fuera de lo normal, y que estn ocurriendo en la zona al norte de la carretera 101. s.o.t. 2:16:00 no tenemos ninguna pista, ningún sospechoso pero.. s.o.t. 3:26:00 pensamos que es un delito de oportunidad por el hecho que es fácil cuando una bicicleta no está segura y las bicicletas se pueden vender por dinero muy facilmente.. la polica no tiene un reporte detallado del tipo y el costo de las bicicletas, pero por lo menos una de ellas costaba ms de mil dlares.. felipe pag $70 dlares por la suya, y tuvo que pagar otros $70 por esta otra.. s.o.t. felipe 21:54:00 lo perjudica a uno mucho por venirse uno a pie hasta media hora caminando.. s.o.t. 21:29:00 porque uno no tiene licencia para conducir y no puede uno traer carro.. s.o.t. 2:24:00 protejan sus bicicletas mant

the website is now saying hi and by by, byebye -- his family said he was brought out to a secluded patio area where he soaked up the sun. bryan stow described this experience as magical. >> it is magical for us to see him go through it and it's great. >> doctors are encouraged by bryan stow's recent progress, even so, he still has a long road to recover the are you. >>> the ntsb said the blame is squarely on pg&e for the explosion that killed several people and destroyed dozens of homes. pg&e vows to follow-through on all the safety recommendationels detailed in that federal report. >>> we now know the man found burned to death was a paroled killer. he was paroled from prison last year after serving more than 29 years for seconds degree murder. -- second-degree murder. renee washington was also found stabbed to death in the burning home. police are treating both deaths as homicides. >>> a car filled with wood chips cause fire yesterday. they tried to take the train to a place where they could fight the fire and once the train was stopped, firefighters climbed on board and put out the fla

him seven moss after a man was found buried under a patio no charges being filed against the man's wife even though she can't explain how the body got there. it was found last year. the mystery still surrounding this case. >> reporter: police and fbi investigators dug up the yard behind eve lynn smith's home in february after her attorney said that her husband missing for months might be buried there. the discovery of the body beneath four feet of dirt only deepened the mystery. the body failed to reveal it's secrets to the coroner who couldn't determine the cause of death. still homicide hasn't been ruled out. with no cause of death and little evidence of anything else the da told the journal he wouldn't file charges. eve lynn was watering the yard when we approached her. >> not being prosecuted and followed through on and wondered do you have a comment? >> you may speak with my attorney. >> reporter: okay. >> i'm sure you have her number. >> reporter: okay. you feel more relieved now? >> randy is a good woman. >> reporter: the attorney told us that there was just no evidence of any wr