that is the permit that creates oska. if the concerns over the establishment of oska, then the ax action has no bearing on tha. we found this is not a formula retail use. when the change of use or when the tenant improvement permit was issued by the planning department and issued in march fourth, they the applicant submitted a formula use affidavit which stated that they only have 8 operating. we have also separately requested materials from them, which show that they only have eight operating and tried to clear everything that i can on the internet to try to find if they have more than eleven or more establishments in the u.s. and they did not. and so, for that reason, we found that they are not from retail use and the argument is that they have internet stores, and that does not count towards the eleven establishments. you have to have eleven retail establishments that are open to the public that maintain common characteristics such as signage, merchandise and uniforms and that is the basis and that is what section 303

is this what is being done is going to back with oska they want this to be done? otherwise they won't sign the lease? and i want to make sure this is not tied in and a separate thing. i would like to see the permit to be okay to give the permission that it does not relate to oska the way that i am hearing it. at the same time i would like to be assured and guaranteed that it is not tied in any way to oska that it is just to repair the foundation needed and put in the handicapped bathroom and they can search for a business that will not be a retail that this may be. my concern for the merchants we don't want to be a city of one huge mall where you can have formula retail and all of us small business folks will be employees of the corporations that is what happens. if we want to be who we are, independent, diverse, and we get the employment to local people and that is what we like and that is what i like to see to make sure that this repair is not part of the lease for the oska. thank you. >> thank you. >> next speaker please? >> good evening, president hwang, board

again, they offer oska products and operate under the baners. these stores exponentially magnify the 8 brick and mortar stores, both of them should be counted in determining whether oska meets the 11 retail establishment thresholds for treatment as a formula retail store. i have carried the oska line for the last seven years and i build a following for the line. as a result i was one of the top retailers in the usa. as an international corporate chain with existing in europe and in shanghai and in the united states they could have found another part in san francisco, instead, no, they chose to open up on fillmore street less than a block away from my store hoping to take advantage the fact that my small independent boutique build up this business and they would have a ready market place. my sell of clothing sells 20 percent of my total sales. the opening of this oska store will definitely impact my business which i have offered for 34 years on fillmore street. first as (inaudible) and i have already been impacted by other chain stores on the blo

i think that they plan to turn it back into a oska men's store as soon as all of this blows over. they can't take away the business that ye built up in the area, this is the kind of people that we are dealing with here and the chains are ready to swallow up our small merchants. >> i have a question. you stated that they had a chance to fix if it. >> they were there from 1980 to 2012. before they moved in there was a vacantcy, i knew what the condition was because we had to do the work on the foundation. i think that they saved the money and rushed in the tenant and hoped that they do not find out how bad it was. i was a tent ant from 1978 to 88. >> thank you. >> tan, you have three minutes. >> i would like to add just to the point that she just made that when alan purchased, the building in 1986, it was owned by multiple parties. there are three are four parties that owned the building and everyone had to be in agreement. and secondly i think that prior to the 1989 earthquake there was not that much of a push, you know, on land lords to do any type of work. subsequent to after the

, alleging that the two permits are related because it is related to build out of oska. this was filed regardless of who moves into the space, the landlord would have applied for this permit. so it could have been who knows, any company that wanted to move in. so again i kindly, urge the board to give us this opportunity to present our case. i think that we have very good evidence to show that this is really for public safety and has nothing to do with oska and we would like that opportunity today to continue with the hearing and allow us to present our case and you will see that it is clearly about public safety. i live in the building. i am a native of san francisco and i lived through the 1989 earthquake. and i want this building to be safe. for not only myself, my two dogs that live in the building and everyone else that enters this building. thank you very much. >> thank you. >> anything from the department, mr. sanchez? >> thank you, good evening, president and members of the board, scott sanchez. the permit that is for tonight was not reviewed by the planning depa

has eleven establishments. >> for purposes of argument, i will assume that oska had only 9 brick and mortar u.s. stores, however, they also have a worldwide network of internet stores including 9 in the united states. now, this is my list for exhibit 1. and this does not quite show all of this. the brick and mortar stores are listed on the left side and the internet stores are listed on the right side. you will notice that there are three pending stores, these again were listed on the catalogs. and though they have back pedaled on that. the information about the 18 retail establishments is based on oska's only printed brochures and various internet postings as well as facebook listings. this osk a published information indicates that 9 of the u.s. stores are traditional brick and mortar stores, the related web sites indicates that it operates at least 9 internet stores in the united states. the primary website contains links to both stores and the internet stores. each physical store has a physical on the ground address, each internet stor