PC 032509 - Laserfiche WebLink

Commissioner Blank announced for the public’s benefit that any Commissioner can continue an item one time to be scheduled to the next available meeting. Chair Pearce inquired whether there was availability at an upcoming meeting schedule to hear the item. Ms. Decker replied that that next available date would be April 22,2009; however, it would depend on when the noise study would be completed, assuming the Lodge members agree to conduct the study. Chair Pearce asked staff if the public hearing could be opened to receive testimony and then continued to a future meeting, leaving the public hearing open. Ms. Decker said yes. Commissioner Fox requested that staff go back to the Millers’ letter and comments regarding their concerns about some of the conditions. She noted that one of the conditions staff recommended is that a study be conducted; however, she stated that typically a condition in a use permit would read like: “The noise and decibel levels shall not exceed “x” between the hours of “y” and “z.” She suggested that the condition include a limitation in terms of noise decibel limits and that activities be limited to 10:00 p.m. on weeknights and 12:00 midnight on Fridays and Saturdays. With respect to the use of the outdoor area, Commissioner Fox suggested that the conditions be the same as those approved for St. Clare’s Episcopal Church when it went through the City process in 2005.She recommended that a moratorium be placed on Lodge activities so no activities similar to the “Naughty or Nice” event held a few months ago takes place until the matter returns to the Commission. Commissioner Blank inquired whether or not the City could legally do this for an item that has been continued and has not yet been heard. Mr. Dolan replied that the Commission can request but not direct staff to do things. Chair Pearce suggested that staff contact the property owners to obtain their consensus regarding the requests. Commissioner Fox stated that since the project is zoned as a CUP for private, non-commercial lodges and halls, any activity that includes commercial sales of tickets on the Internet would be grounds for revocation. She concluded that it would, therefore, be better for staff to clarify rules that classify businesses as commercial versus non-commercial. Commissioner Blank stated that he did not disagree with Commissioner Fox but that he had a problem with the process, stating that the purpose of the hearing was to consider revoking the CUP. He added that he did not know if the Commission PLANNING COMMISSION MINUTES, March 25, 2009 Page 3 of 27