commissioner garcia: mr. duffy, having seen the decks and the appliances that are on them, from your opinion, even though it is pretty clear that the owner does not intend to allow that, would that be co- compliant, or would there be an issue with egress -- co- compliant -- code-compliant. >> i talked to some and before coming year, and he said that you probably need 36 inches, and i did not have a tape measure with the, but i did notice that it was definitely less than that, but it was not part of the notice of violation, but he did say it probably could be and should be. pat commissioner garcia: thank you, sir. >> is there any public comment? seeing none, mr. mcfarlane, you have three minutes for rebuttal. >> thank you. inspector dufty did make one point that i was going to make. the notice of reference does not reference the washing machines at all. if they would like to have department of building inspection do another inspection, maybe we end up here with a notice of violation that actually deals with th

vice president garcia: $8,250. that is what you're fine is tantamount to, relative to your sales and based on your gross profit percentage. i just want to leave that hanging. >> can i answer your question? >> i do not know that i have a question. >> if it is a 25 day suspension, i still have to pay for the loss of revenue, which averages. part of the franchise agreement is based on 50/50 of the profits, not net profits, but gross profit. even if it is a 75 day suspension. i am obligated to pay them that money. >> that does not make sense. you said there would be a loss of revenue to the city. you would have to have an assumption that everybody who bought cigarettes from you would not buy cigarettes for that 25 days. that is not loss of revenue. that is not a reasonable argument. but how can you paper profit you do not get? what profits do you have to share? >> based on the past 12 months of numbers generated for that category. whatever the gross profit was, the average growth -- average gross process -- profits, i

commissioner garcia: whenever it takes. i think simultaneous briefings. >> so the motion is to continue the matter until september 21 for the reasons stated, six pages of briefs allowed, and they will be due prior to the september 21 hearing. commissioner garcia: which will be september 15. >> on the motion to continue this matter, once again, to september 21, three votes are needed to pass this. commissioner fung? commissioner fuing: -- aye. commissioner goh: no. commissioner peterson: aye. >> this matter is continued until september 21. >> calling than item number nine, appeal-11-077. margaret foster, sherida ireton, and sheriann ireton, against the department of building inspection, for 122 tiffany avenue, protesting the issuance to john britton of a permit to alter a building, and we will begin after this clears. it will take a moment to have folks settle out. commissioner fung: i guess i cannot throw these away. i will just put it -- >> ok, you will have seven minutes. >> president goh, vice president garcia, my name i

vice president garcia: is that formulary? it seems as though when i was reading the papers that were you to want to know about ambient noise levels in a given block there is some more you can go and a chart that would tell you what that is. it is not an independent reading taken by someone such as yourself or someone else. there is an exact, absolute number that exists out there. is that inaccurate, my impression? >> if i may say, there are guidelines to typical background noise levels in a variety of different types of neighborhoods. indeed wia report, they show a graphic that shows everything from rural farm land to right next to train tracks. those could be considered reasonably representative of a typical neighborhoods of that type. there is also the on-site measurements approach, where you actually go to the site in question and conduct measurements of the noise levels that exist there. vice president garcia: so for the record, the bass ambient noise levels used by the entertainment commission are the exact

vice president garcia: no. commissioner peterson: aye. >> the boat is 4-1. the 25 day suspension is upheld on that basis. >> thank you. call the next item, which is kalesilassie bebresilassie -- gebresilassie versus the municipal transportation agency appealing the denial of a taxicab medallion. the matter was continued so it could be considered when all five board members are present. mr. alexander, you will have three minutes. >> three minutes? madam president, mr. vice president, when we were here last, the question was, if given the opportunity to do so, would we be able to show he complied with the current driving requirement for consecutive years. we did not know it would take this long. when we were here in april, he was prepared to show that he can and has complied. he has continued to be driving, while we were waiting for this hearing. the mta does not dispute that. he has met the requirement. he is a full time driver in every sense of the world. this has now been pending since 2008. his record is

commissioner garcia it -- garcia: i see a letter from june about a program that i thing started in world war ii, and there was such a severe shortage of people working in the united states because men were off at war, and i think it might have predated so many women becoming rosie rivers -- rosie rivetors. they set of this program, and in allowed mexican workers to come into the united states to work legally, and loosely translated, the spanish word means strong arm, and that is what this letter feels like. you feel as though if you are going to be a member of the business community, a member of a community at all, there are certainly legal responsibilities, but there are responsibilities, one would hope, on a humanistic level, and the tone of this letter is not very user friendly. it is aggressive. it does not properly defined, i do not mean to use the word properly, it does not reasonably defined what someone's rights are and how they are to be treated when they have been in the building for a long time. certainly, they were there long before this building was purchased by mr. britton,

commissioner garcia: aye. commissioner garcia: no. president g-- commissioner peterson: aye. >> the vote is 3-2. t the denial is upheld. >> 5a and 5b will be heard the other. -- together. protesting the issuance, permit to alter a building. lighting to comply. the change to windows, walls, or doors. subject property at 34366. protesting the issuance on may 4 to permit to alter a building or remodeling bathrooms repair plumbing and complying with various notices. as the first appellant, you have seven minutes. >> thank you for taking time to give us a chance to speak. i like to say that i am a little nervous. i'm not quite gotten used to these types of situations. and i don't have an attorney present as i can't afford to have one. i'm up against a quiet season the litigating landlord and tenant attorney with over 170 caners in his repertoire. -- retainers in his repertoire. i have made notes to keep myself a little clearer. i first want to address the brief in which he -- i am sorry. i live at 342. in reading his response to my appeal,

vice president garcia: is that formulary? it seems as though when i was reading the papers that were you to want to know about ambient noise levels in a given block there is some more you can go and a chart that would tell you what that is. it is not an independent reading taken by someone such as yourself or someone else. there is an exact, absolute number that exists out there. is that inaccurate, my impression? >> if i may say, there are guidelines to typical background noise levels in a variety of

commissioner garcia: we understood. >> [unintelligible]

commissioner garcia: the window is 3 inches higher that had been before? i imagining there is some tolerance that is allowed when you replace a window. if it were 3 inches lower, with its goal provide access? >> the original window was an aluminum sliding window. there is now a window where the bedroom is. >> allows access. >> as far as construction, the window itself would be diminished. they are all kind of interconnected. it is now a bedroom were living quarters. and >> had just kind of foster's -- >> it just kind of foster's a living environment that is like chasing the dragon scale. -- dragon's taile. i'm not 100% sure, i don't have enough information to tell you under oath. but i would suggest that it is likely room built without permits. and my belief is that when the department of building inspector comes to investigate, the line is that we did not do any work in here and he leaves. commissioner garcia: the fact that she uses a bedroom, you are not suggesting that as a violation of the building or planning code? >> not tonight. president goh: thank

vice president garcia: what was the range? >> in our report, the outside measurements were about 63 dba or so. vice president garcia: that would be a medium or a mean. what was the range? >> i do not have that information. vice president garcia: did you choose the figure you chose? >> that is what is typically done in environmental measurements, what is known as the leq of the time we were there, the term. it is used in planning analyses to arrive at the contribution of a particular noise source as compares to the already existing noise sources. if you have a freeway, for example, and want to add more lines of the added traffic, what does that do to the overall noise level due to the freeway, or a rooftop fan, for example? you add it to the environment that is on 10 hours a day. how does that change what is already existing in that neighborhood? we looked at what are the changes in the ambient noise levels, or noise levels at that site due to various operating conditions of the brickyard bar and restaurant. doors opened, doors

vice president garcia: i appreciate that. president goh: before we call the roll, if you don't mind, i have a question for commissioner fung. i thought i heard you say you would overturn the department with regard to the rare setback but you supported the front said beck. did i miss here you? commissioner fung: may be i was unclear. i felt the front setback was sufficient to define the upper story a, having less impact on adjacent yards. president goh: you would not vote to overturn the department with regard to the front step back? >> if i may offer a clarification, we suggest in the front setback proposed by the project sponsor is sufficient? commissioner fung: is sufficient. maybe i was not clear. president goh: i'm sorry. i understand. >> we can go ahead and call the roll. when you are ready. >> we have a motion from the vice president to grant this appeal, overruled the denial, issue this permit with this 5 foot 10 inch front set back, as proposed by the appellant, no rare setback, and with several findings that the 5 ft

commissioner garcia: would you -- forgive me. i don't know that i would be using the word reasonable of five offered one day notice and port-a-potty. what would be a reasonable arrangement or accommodation while the work is being done? >> i don't know. she hasn't paid rent, so she has $3,000 with which to go to a motel. i don't know the answer. i can tell you that allowing the contractor in to remove her shower and then stopping work for months doesn't make any sense to me. i think it is reflective of the attitude i got from her attorney with regard to trying to find an accommodation that would work. i don't have any ideas, but i am open. commissioner garcia: what would you want done if you lived in that unit? what accommodation or arrangement would you ask for if you were the tenth? >> i would ask to be not required to pay rent. i would ask that shower facilities be made available to me, and i would ask that i will be able to use a restaurant. -- the rest room. i am probably not as sensitive to the environment that she might be.

commissioner garcia: i don't wanted to open up to some other statement. the question i have, what somebody take me very, very briefly through whatever negotiations went on with cbs in terms of negotiating a new contract when this one expires? >> if you take it off, you are out. we removed the sign. commissioner garcia: when the lease expires in you're getting 770 a year, your lease expires, there must be some conversation. >> we have been asking for a month to see the permanent, the draft. they send us a check. they are turning that check, ok? when we did not authorize its, and we did not go back. we authorized to that -- >> that is not answering the question. >> and they sued us. commissioner garcia: when did the opportunity to get $18,000 a year a rise? >> the lease was signed the subsequent to that. commissioner garcia: landed the information arrives that you might be able to get that kind of lease agreement? >> a that was before the expiration of lease when we had an idea of what the market rate was. it was about $1,500 a month. commissioner garcia: w