i am a vendor also for the brickyard. this is my first time here, and i am sure as elected officials, this is part of what you every day. emotional outbursts, some are actual, some are not. the reason i am standing here is that the owners of the brickyard are as ethical as business owners can possibly be in san francisco. i think this city would be better off to have more people like them, and hearing the neighbors, their emotional pride, their emotional responses to the loudness that is the brickyard, to be a part of it, as shawn has pointed out, there have been thousands of dollars worth of soundproofing and equipment to disallow the potential noise, so i am in full support of the deck. president chiu: any other members of the public wish to speak in support of the project sponsor? we will hear from the appellant. >> fenty. we have heard a lot of great people today in very much want union street to succeed, and i implore you to help us do that, and i'm going to get back into the boringness of ceqa. the wrong legal stand

i do not have issues with the brickyard or this patio. i do not it will have issues after that either. >> thank you. next speaker, please. >> hi, i am dina uppley, i am in here to speak in favor of the brickyard. i am a homeowner and president. i live around the corner of tuition -- union and golf. i look forward to the day when the patio can get open. this is not an issue about or sitting. it is an issue of what noise may reach up side because there may be a door open but i wonder, would you -- that would not be any different if there was a window there and how can you deny an establishment to have a window that is open? in any case, just having fresh air flow through the place through a window, i think that whatever noise would escape. it will escape through any kind of al but that it has. i used to go to bayside as well and they had open windows and there were complaints. the neighbors said there were no complaints in the bayside days and i knew the honor and there were lots of complaints there. even with the enclosed glass, there were

i live up the property from the brickyard. i have been there for 30 years. this is a wonderful neighborhood. i have been there for many years. at one point, they had a security company to disperse the crowds because it gets really rowdy. in the past year, the noise alone for our neighborhood has been verbally and tolerable. this goes on until 2:00 or 3:00 in the morning, starts in the afternoon, and i have had to get up and ask people to leave or are recall police because it was 4:00 in the morning. i cannot imagine with an open patio that the situation will not be incredibly worse and i am here to ask that this possibility be reviewed and not allowed for the residence as well as the other businesses. people have had graffiti, they have had their flowers kick away. this is a situation that is actually more expensive than it has ever been. to allow the patio would be virtually intolerable. >> hello, my offices are directly across the brickyard. this has been going on for almost a year. when the doors were opened, the noise was deafening. you could not work du

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

the brickyard has created a dramatic change in use. this new open air operation will impact the health and quality of life of the many long time nearby neighbors by disrupting sleep and the quiet enjoyment of their homes. the tables outside at rome burgers and others are quiet. perry's does not have an open front wall of the bar. there are -- not a stand up bar. the bar area is less than 500 feet. size does not matter. >> thank you. next speaker, please. >> hi, good evening. can you hear me ok? i am benjamin stafford, a resident for seven years. i can assure you that this is nothing like that as far as noise go. what we're talking about is four tables for dining on the front patio at every other restaurant the seat -- the street has. motorcycles and cars and bus lines are much noisier. i live in a neighborhood and i am familiar. your point about having a liaison, being appointed an owner. i know the owners and they are very good and respectable and i think having an owner on call it anything comes up is the best part: in this case due

. >> my name is megan shael and i live 07 feetaway, directly across the street from the brickyard at 1792 union street. i've lived there for 22 years, maybe going on 23 now. and during that time, there's always been a bar across the street at the same location that the brickyard is in now. we've -- at least i've never had a problem with noise there previously. but unfortunately, the way that the project is proposed to be constituted right now for the brickyard -- ok. can you hear me better? sorry about that. do i need to repeat? or am i ok? so anyway, the way the project is proposed right now at the brickyard is they have taken off the front of the building which was the front wall of the building. it was a glass wall. and are creating an elevated deck which is about i think 5 1/2 to six feet above ground level. and you'll see in pictures, i think, that seminar community will be presenting that this is configured in an auditorium-like fashion. again, raised, so it has corresponding noise effects of an auditorium, projects the noise upward and outward. i know the entertainment commiss

this is a typical sporting event day at the brickyard. the nature of the business is important to consider. there has been a sports bar but this is a very large restaurant that attracts a young and exuberant crowd and they arrive by the busloads. when they enter the establishment, the noise has to go somewhere. when the bifold doors are open, the noise goes in to residences. this is reflected in this picture. an awning will not control the noise in lieu of the building front. all parties have acknowledged serious noise impact from this project yet the medication conditions are and investigated and not enforceable. we tried to get the city to investigate through ceqa to determine if there are workable mitigation measures but they refuse. we are left with an illegally built project with unenforceable operational conditions that can be applied at the applicant's sole discretion. they do not have a track record of obeying the rules and regulations which has been damaged -- demonstrated by the violation of the conditions on at least three occa