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Excerpts of the Board of Zoning Adjustments Regular Meeting Minutes January 5, 2012 Page 3 of 7 Acting Chair Houston called the applicant to the microphone Damon McKinney, owner of C &M Trailer Rental, apologized for what staff and the SLPD had to go through, and said that his heart goes out to family and friends who lost loved ones. He stated that he did not receive a copy of the CUP until October 7, 2011, when he should have received it, according to code, within seven days of the September 1, 2011 approval. He further said that the City's letter was backdated, and that he has both the letter and the envelope it came in. He also said that he was unaware of any language in the CUP until after the incident occurred on the night of September 30, 2011. He also noted that since the CUP approval, he has made investments in the property, including some that the City requested. For instance, he said that he was asked to provide a set of architectural plans, which cost him $1,000. He brought these plans in, he said, and he was turned down. In terms of the findings cited, Mr. McKinney said that he does not believe he violated the terms or conditions of the CUP by conducting another activity. He said that the trailer rental business is the primary business in operation at that location, and he was unaware that rental of the facility for other activities required authorization other than the landlord's. He said that C &M Trailer did not provide any erroneous information, nor was the use of the facility misrepresented. He said that he was renting the facility to bring in extra income to cover the fees. He further stated that he was unaware of the $8,600 in fees until the very end of the process. Mr. McKinney contended that C &M Trailer did not operate out of compliance of the CUP, leading to a triple homicide; he said he could not be out of compliance with a document he had not received or reviewed, and furthermore, he's operating the trailer rental business that he presented in his application. He indicated, too, that the homicides occurred after his facility closed for the day, nearly 1,000 feet away from his door in the parking lot. He stated that he's no more responsible for what took place than Wal -Mart is for recent shootings in its parking lot. Mr. McKinney informed the BZA that he's been at the subject location for almost two years and no problems have involved his business. He stated that he has neither been convicted of a crime nor cited for being a public nuisance, nor done anything that would be considered detrimental to public health and safety. He said that he's willing to accept a fine and renegotiate the CUP with further restrictions. He pointed out, too, that during the application process he presented everything to staff, including flyers and his website address, which indicated that he would host community events. In response to Member Thomas, Mr. McKinney said that he hadn't told the landlord he would be renting out the facility before he did so. Member Thomas, noting that Mr. McKinney's letter stated that he decided to rent out the facility to bring in extra income due to a financial bind, asked about his current financial situation. Mr. McKinney said that he's been a plumber for 13 years, and after taking off six months to get the trailer business going, for the past two months he's again been working as a foreman. He said this work has been based at the Embarcadero Center buildings in San Francisco for the past eight years. Member Palma pointed out that a CUP stipulates the kind of business an applicant may operate, and if the applicant wants to do something else, he must request permission to do so. Mr. McKinney said that the unexpected costs led him to use the facility to cover additional expenses, but he didn't think to ask permission. The CUP, he said, doesn't state what he cannot do. Mr. McKinney emphasized that he didn't host the event, and some "fake" promoters in addition to the individual who rented the facility used social media to promote the event as if it were theirs.