. >> commissioner president wu kate from the city attorney's office there are a couple of options here i'm going to try to lay out and planning staff may have something to offer the commission can't take dr and approve the project or not take dr and approve that the commission couldn't force the owner or the trustee to affirmatively apply for another permit to legalize the unit what will happen is the building permit is ultimately appeal able to the board of appeals there's not an you outstanding notice of violation on the project that this owner has come in voluntarily to try to legalize or try to get rid of the illegal unit but this commission does have the ability in disapproving the permit under section 207.3 so and as you noted this commission doesn't have authority over what happens to the tenant that is a separate matter for the rent board to you to continue it and take dr and disapprove or approve with conditions of some sort. >> can we approve the entire structure. >> no. we're moving an illegal unit be let's get rid of it we can't do that. >> you're being subconscious. >> i r

. >> commissioner president wu kate stacey i recommend the commission is clear about what conditions in the cu because the new ccii supercedes the existing one so the commission wants to be clear what conditions it wants to put in the conditional use permit. >> i'm looking at all the conditions and the ones on the front page what the sponsors are aware of it will remain condition 8 expanded times on friday and saturday nights and before recognized holidays we'll get more specific but that would be and on conditions number 9 will remain, 11 and 12, 12 will be slightly modified the entertainment commission review and the only one on 10 instead of saying twice a month prior to 7 no outdoor entertainment after 7:00 p.m. that makes it more clearer for that particular one and the others all stay the same as the conditions of the approval on march 13, 2008 that will be my motion. >> unless you intended approve. >> there shall be no outdoors entertainment except for prior to 7 before. >> there shall be no outdoor entertainment after 7:00 p.m. at any time. >> that's much more clear. >> no cha

. >> commissioner president wu kate from the city attorney's office there are a couple of options here i'm going to try to lay out and planning staff may have something to offer the commission can't take dr and approve the project or not take dr and approve that the commission couldn't force the owner or the trustee to affirmatively apply for another permit to legalize the unit what will happen

. >> commissioner president wu kate from the city attorney's office there are a couple of options here i'm going to try to lay out and

. >> commissioner president wu kate from the city attorney's office i was license on the video can you approve the permit but put in a condition that if there were some violations that the permit would access to be or. >> not access to be but look to resend it i wanted to know what our recourse is you know on staffs issue if we allow this they seemed like a operator that hadn't received a lot of complaints and someone else purposes it what is the recourse for us the commission or anyone that can pull back the hours. >> the commission could be specific on conditions attached to the approval then if those conditions were violated then it would come back to the commission for a revision i'm having a hard way to say this wouldn't come back but put a fairly detailed condition on the permit that leads to the violation or you know scrutiny and oversight by the planning department and then they'd have to schedule it before you. >> okay. i mean that's a little bit complicated but see what the other commissioners have to say i get the staffs point. >> if i may does the entertainment commission t

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