06 ATTACHMENT 5 - Laserfiche WebLink

Mr. Jonathan Lowell, City Attorney 12/31 /2012 Page 4 fratemal business next to a sensitive residential area; a situation that would not have been allowed for a commercial enterprise. There, as here, the Masons, once established, began conducting uses, namely concerts, parties, and other non- Masonic events, that were not part of their primary function but were essentially a commercial enterprise, even though the profits from that enterprise were presumably intended to help fund the continuation of the primary Masonic function. Also, like here, the Masons passed on the conduct of those commercial functions to another related entity. However, the court held that the mere fact that the funds collected might eventually help support an allowable use did not convert the commercial use of the property from a nonconforming use into an allowable use. Similarly here, the commercial uses undertaken on the property where the Masons hold a use permit remain nonconforming commercial uses, regardless of whether the profits generated by those uses might eventually help fund the Masons' activities. As l indicated earlier, my clients feel that they have been very patient with the City and the Masons. They have repeatedly sat down and attempted to negotiate a compromise that would oonfoan to the original use permit and an appropriately subordinate, incidental, and non- impactful role for any non - Masonic functions at the site. Those efforts have been unavailing. My clients and 1 would like to meet with you at your earliest convenience to discuss the speedy resolution of the current unacceptable situation. Mo sincerl Stuart M. Flashman cc: City Manager (via e-mail) Planning Director (via e-mail)