on a procedural basis, where is the harm to your client now that we are here on a de novo standard of review? >> because the box has been placed. >> i understand it's not operative. >> well, right, but it's there and what we're here arguing is why it should be removed and why it shouldn't have been placed in the first place, it would be very easy for this board to simply say, well, it's there. >> we can order it to be removed. >> exactly. >> but you're supposed top present evidence -- everyone is talking and focusing on notice. you know, and the merits have been discussed to some extent by the public comments and yourself, but i'm asking about -- so, we could order it to be removed so that harm can be undone. is there any other harm to your client for the lack of notice if he did not receive that june 2012 e-mail. >> it's not like we're asserting any claim right now. >> that is a major focus of your position, so we can't undo that but we're here today to start fresh. >> right, and i appreciate your de novo standard, it's comforting to hear that. we're not here to remedy the lack of no

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impact of that is i believe more properly discussed under conditional use situation and not in a de novo situation that we have. therefore i would support the finding the os ska store as a formula retail. >> i don't know if i followed everything you say, commissioner fung but i'm with the view that the online sites are not stores. i don't find that those are what was contemplated under the ordinance, under the code either and i think that as articulated by vice-president lapis lazarus i agree with that analysis. at the same time i understand the textual base argument that isn't necessarily foreclosed that interpretation couldn't be but the facts that we are presented here is that those don't link up to warehouses to distribution centers, they are linked up to the actual stores. i also saw more compelling concerns raised by the public commenters that supported the appellant and the appellant's position in the is toers -- stores that it does appear to the domestic empire of os ska. it has happened internationally. with corporation as sophisticated and granted we recognize that however the

concerns raised by the appellants on note, i don't think there's a notice issue here, this is a de novo hearing and we haven't had an opportunity to hear everybody including the appellant. on the question of what commissioner hurtado raised and i appreciate commissioner fung's concern with respect to the process and i wanted to find out and i heard from the department that in fact this was the best preferable site, so for that reason and i'm echoing the comments of commissioner hurtado, i would find that that piece of the process was actually done properly. finally, it seems to me just on the merits that the parking -- it seems to me the concerns raised on the merits relate to the parking and rather than the foot traffic and the curb, i mean the part of the structure that's problematic for people walking is going to be remedied. we heard that it was represented by the record that that's going to be ground down for the lip to create issues for people on foot, it's going to become a non-issue and that gives me some assurance, but the parking, it could be a bunch of shrubs there that preve

hasn't been presented and it's not at the record at this hearing and we are looking at it from a de novo perspective, for all of those reasons, i would move to overturn the department and grant the appeal. >> any conditions? >> i like the concept of limiting the menu simply because it does compete with some of these others, but i would leave that to you two to propose since you raised the question. >> do you want an amendment to your motion then? >> yes. >> so, then i would move to amend the motion to require the permit holder to limit its menu to strictly vietnamese dishes and not to carry any generic items such as chips, cookies, tea, soda, juice and water, coffee unless it's vietnamese coffee. >> i think it doesn't make sense to allow one food and not a drink because then somebody has to go to two different places to complete their lunch. i would accept the reduction of those other ancillary items because they don't have anything to do with that particular ethnic food, but i would allow the drinks to go with it. >> okay, i'll accept your amendment. >> i would accept both of those modi

this set the permit date as november rather than march, which disallowed a de novo appeal. it is important to talk about why the community feels so strongly about this deck, why was it even necessary. here the properties involved, 345, i'm a resident. i've lived there for 15 years. as an owner and as have many of the neighbors on my block, investors who own a real estate development company were alerted about the intention to renovate and put the property as a single-family house. immediately evicting the one-time resident. [speaker not understood] before they left. ~ even starting work before they left. their desire to flip this property quickly without addressing neighbors concerns in a professional way has led us to this hearing. here's the deck. this was built in violations that were issued in november. based on the scale, you can see how exceptionally easy it is to access all the houses to the north. all the properties attached. every neighbor to the north except for the lady at the very end of the block who only speaks italian has written letters to ask this permit be

now, second, and additionally the standard of review is de novo so all of the discussion of what the board did below and whether the board properly -- there's a lot of discussion from the government that the board made a fair consideration and thought about these things and we agree that the board or not the board, the department of public works tried the first time but we don't believe they reached the right result and we don't believe that any deference is necessary. the representative from mixed greens has shown up and said there's something called a saigon sandwich, it doesn't appear on his men you -- menu but it is a sandwich, this wasn't filed in his objection he filed last week. we just looked at the menu on the website and we have to say, even if there is a saigon sandwich that's a seasonal sandwich as it was termed, that does not require denial of any food permit. different types of sandwiches and similar types of sandwiches can co-exist, the menu that we cited, exhibit e which we pulled off of their website at the end of march has no saigon sandwich on it. finally, the repr

in the we are going live back to the house. 1073 by the yeas and nays, approval of the journal de novo. the first electronic vote will be conducted as a 15-minute vote. remaining votes will be conducted as five-minute votes. the unfinished business is the vote on the motion the gentleman from georgia, mr. collins, to suspend the rules and pass h.r. 258 on which the yeas and nays are ordered. the clerk will report the title of the bill. >> union calendar number 59, h.r. 258, a bill to amend title 18, united states code, with respect to fraud you lent representations about having received military declarations or medals. the speaker pro tempore: the question is will the house suspend the rules and pass the bill. members will record their votes by electronic device. this is a 15-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of epresentatives.] the

the question on agreeing to the speaker's approval of the journal which the chair will put de novo. the question son agreeing to the speaker's approval of the journal. so many as are in favor say aye. those opposed, no. it in the opinion of the chair, the ayes have it. and the journal stands approved. the gentleman from minnesota. mr. kline: thank you, mr. speaker. i ask unanimous consent that when the house adjourns today it adjourn to meet at 10:00 a.m. tomorrow. the speaker pro tempore: without objection, so ordered. the gentleman from minnesota. mr. kline: thank you. >> i ask unanimous consent to have my name removed as a co-sponsor of h.r. 1773. the speaker pro tempore: 1773? >> 1773. the speaker pro tempore: without bjection, so ordered. the chair lays before the house the following personal requests. cleep leave of absence requested for mr. clyburn of south carolina for today, mr. culberson of texas for today, mr. gibson of new york for today, and mr. lewis of georgia for today. the speaker pro tempore: without objection, the requests are granted. he house will come to order.