thank you for your time. >> good evening. i'm here to speak on behalf of the beauty shop. i'm a long-term client of these. this will reflect differently on the salon. >> good evening, commissioners. i support the granting of the denial. the hearings history sounds pretty colorful. i can say that after decades of patronage and on the block, i have rarely seen in more community-spirited merchant. what we like about the area is the color and vibrancy. one of the things that happened in this case is that the circumstances have changed. it is and possible for them to operate in the old way because the ordinances have changed blocking the former use. the reeducation of the model for that space merits the permit being granted. also you have consistent uses that have the permit for tables and chairs. the more people you have on the streets, the more the public is present. when you look at the big picture, whatever the history of the hearing, i think that we have they changed context and one that merits the opportunities and it is a very conscientious merchant that will do the right thing. >> i him in opposition. we are on the left side. by putting tables there, that will interfere. without the benches, i would see food, beer, all kinds of things. i'm afraid that i have lost a lot of customers because of the smoking, and allowed music. people are smoking marijuana and other things. i am opposed to that. we are not many here because we have five workers representing them and my customers and my salon has small children and families their. they have put strippers' there and they are selling beer. there is no permit applying. they cannot mix business with smoking and food. thank you very much. i am opposed to that on behalf of the customers and families that would like to see the street preserved. they are applying for that, food and beer. >> sir, what are your hours? >> 10:00 until 6:00. weekends, 10:00 until 8:00. >> how long have you been the owner? >> 35 years. >> how long as the appellant in the owner of the shop? has this been the same amount of time? >> i was their first and i was really disappointed with the place. >> when was that picture taken? >> this was in august. these are the places that they have not clean. >> there is a lot of smoking in the cafe. >> thank you. >> from my understanding, they are requesting that you overturn the decision of the department based upon a change in use. the initial application stated that he used outdoor activity. he did not say this as a cafe or anything, this was approved by planning. he made no mention some of these changes. we had a directors hearing. there is an address for concerned. he did not show up. he said that this was an emergency. he said that he had to make the content and that there was no issue with the department. yet, there is a report stating that now the decision was -- in some way because specifically he is changing the use of the business. the department has an opinion in this case. >> what about the tables? >> currently, they want have them from 11 a.m. until 1:00 a.m.. >> what of those hours were adjusted? -- what if those hours were adjusted? >> one of the objections is that this is a mixed use residential neighborhood. >> can you condition this 5:00 p.m. until 10:00 p.m.? >> typically, if this discussion happened at the directors hearing, there would have been restrictions placed on it. we could have done a conditional approval for six months to see if it is working. the applicant did not show up. he would not provide us alternatives or anything in this case. >> does your department have a good neighbor policies? >> typically, on the permits. >> did they deal with cleanliness? >> the wording of these types of permanence is due to the convenience of the property owner and to the enjoyment of the neighbors also, we tried it to evaluate how the neighbors are reacting. they would deny this because of this. >> do you have specific conditions? >> not muster has been objections -- not unless there has been objections. >> there are several that we issue for table and chairs. we have to figure out how we can possibly allow this department to stay. >> of the permits that are issued for the neighbors, is there some oversight if they were to become covered in graffiti or not clean or anything like that? >> yes, under the department's orders and guidelines, this requires the tables and chairs to have died girders that need to be free of graffiti. there must be a garbage can placed between in the seating areas. they need to have three cancer, either out here for composting, recycling, garbage, or used inside. there are specific guidelines in these restrictions. >> i have never been contacted by the department. i received an e-mail and this was the rejection of my application so that was the only contact. i don't know what the previous speaker was talking about. the permissions for beer and wine and other things, we did not apply for this and we are not planning to so i don't know what the previous speaker was referring to. that is probably it. >> have you procured beer and wine? >> no. >> earlier, you mentioned something about smoking is not allowed. >> that's correct before the ruling about two months ago, smoking was allowed at small shops. it was only about two months ago. we cannot continue the business that way. >> i am talking about the cafe use. >> we will not allow smoking outside. >> he showed us pictures and suggested that you have not been a great neighbor. it looks like there has been graffiti. at least some is due to customers of yours. maybe you did not maintain that and make to the potential for customers a more pleasant problem. >> if you imagine that particular block and the second street, there is a lot of empty beer cans and cigarette butts everywhere. i do not think that this is worse than the cafe or any other place. our obligation is to claim before the businesses closed. in the morning, they make sure that the entrances clean and the area is clean. i will look after that. >> and to you feel that there is a market for your cafe that late? >> absolutely. there is no place in san francisco that makes turkish coffee. well, maybe there is one. this is definitely a competitive advantage. we certainly don't have this on this block. >> do you have any documentation of your changing your business? >> rather than the documents i have sent to you, no. >> a business plan. >> there is no business plan. this is a very small business. >> what about to the building permit request to put it in a sink or what not? things that you don't necessarily see in a smoke shop. >> i believe that there is 150 square feet. they would sell coffee and then this would hold the department requirements but i don't believe that there are any requirements from the building department. >> how would he watched the utensils and cups? >> we did not open the cafe. >> you are not doing any other improvements that would require a building permits. >> the matter is submitted. >> there was no public support. we heard there was public support tonight. i also discussed the issues of common interest. >> they stated as to why this was not done. maybe give them six months and in six months' time he would have to demonstrate -- >if the neighbor was for this, i would be much more inclined to overturn the department because i do believe this would make the street safer. it is nice that you have people out there. this is not just an opinion. that is something that is out there and a fact. if we can allow this to operate six months at which time the request for can demonstrate to his neighbor that they share a common entrance. they will make sure that people are respectful of that. on some hours can be imposed that are more thoughtful. -- some hours can be imposed. i would like to overturn this and allow this to happen for a little while. >> i would be more sympathetic if there had been a history of some communications with his neighbors. on the other hand, it is a difficult time. the proposed use appears to fit in with that particular block. i am right in between right now because i have not heard much of an effort. how would we handle this? >> maybe the city attorney can help. >> i think that you can grant a permit on the condition that this is only good for six months at the end they will have to go to the process for a new permit. everything expires on the same day and this would make the enforcement and understanding -- >> they would have a trial month, basically. >> when it came back before you for renewal, at that time, your department would be able to impose six months if you chose to do that. >> typically, when the department issues a permit, the renewal tends to be mostly automatic unless we have received objections and the complaint that would be investigated. i am not sure what the direction of the board is. >> can you reevaluate based on a request? >> yes. >> of believe that you can also grant this for longer than november 15th if you wanted. >> and this does not sound like this business is ready to open. this was supposed to open september 1st and now we are at september 22nd and it does not sound -- is there a counter, is there a facility for pulling water, is there a dream? -- draine. i would like to hear more from a business owner who is about to open their doors. >> i'm not saying that i would oppose the idea of granting a very short-term conditional table and two chairs permanent i just find it curious. >> would it be better to give them the six months and i just learned that we can do that. there is some agreement out here, then we work out the hours of operation. >> or we could have this role in to the same sicko the expiration date to help the administration and then have this range because they really have a different business so we are talking about a new business and the neighbors did not have a chance. i think we have a limited -- >> what about the hours? >> it would be better to have to be a salon have the majority of their hours of uninterrupted. >> from 5:00. 1:00? >> i think it is the back our that this problematic. >> that is across the street. >> i don't see why that would be a problem. this is not a fact -- >> when we see what happens until november 15th? >> he understands he is on a short lease. >> will then make a motion to amend. >> this is overturning the department on the conditions that the hours are from 5:00 p.m. until 1:00 a.m.. >> these are for the tables and chairs. >> and that the permit will expire on november 15th, 2010. >> he will be allowed to reapply at that time. >> at that time he would submit the request. > w